31985R2881

No L 277/ 18 Official Journal of the European Communities 17 . 10 . 85

COMMISSION REGULATION (EEC) No 2881 /85 of 16 October 1985 fixing the amount of the subsidy on oil seeds

THE COMMISSION OF THE EUROPEAN subsidy in the case of advance fixing for October, COMMUNITIES, November, December 1985, January, February and March 1986 for colza and rape seed has been Having regard to the Treaty establishing the European obtainable only provisionally on the basis of the target Economic Community, price and the monthly increase as last proposed by the Commission to the Council for the marketing year Having regard to Council Regulation No 136/66/EEC 1985/86 ; whereas this amount may, therefore, be of 22 September 1966 on the establishment of a applied on a temporary basis and should be confirmed common organization of the market in oils and fats ('), or replaced when the indicative price of the 1985/86 as last amended by Regulation (EEC) No 231 /85 (2), marketing year is known ; and in particular Article 27 (4) thereof,

Whereas Article 29 of Regulation No 136/66/EEC Having regard to Council Regulation (EEC) No 1223/83 of 20 May 1983 on the exchange rates to be provides that the world market price, calculated for a Community frontier crossing point, is to be deter­ applied in agriculture (3), as last amended by Regula­ tion (EEC) No 1297/85 (4), mined on the basis of the most favourable purchasing opportunities, quotations being adjusted where neces­ sary to take account of quotations for competing Having regard to Council Regulation (EEC) No products ; 1569/72 of 20 July 1972 laying down special measures for colza, rape and sunflower seed (*), as last amended by Regulation (EEC) No 1474/84 (6), and in particular Whereas Article 4 of Council Regulation No 115/ Article 2 (3) thereof, 67/EEC of 6 June 1967 laying down criteria for deter­ mining world market prices for oil seeds and fixing Having regard to the opinion of the Monetary the frontier crossing point (9), as last amended by Committee , Regulation (EEC) No 1 983/82 (10), fixed the said cros­ sing point at Rotterdam ; whereas Article 1 of that Whereas Article 27 of Regulation No 136/66/EEC Regulation provides that when the world market price provides that a subsidy should be granted in respect of is being determined account should be taken of all oil seeds harvested and processed within the Commu­ offers on the world market known to the Commission nity when the target price for a species of seed is and of quotations on those exchanges which are signi­ higher than the price, on the world market ; whereas ficant for international trade ; whereas Article 2 of these provisions at present apply only in respect of Commission Regulation No 225/67/EEC of 28 June colza, rape and sunflower seeds ; 1967 on detailed rules for determining the world market price for oil seeds ("), as last amended by Whereas the subsidy on oil seeds should, theoretically, Regulation (EEC) No 1971 /85 (12), provides that offers be equal to the difference between those two prices ; and quotations which do not relate to shipments to be effected within 30 days following the date on which Whereas the target price and the monthly increments the world market price is determined should be disre­ in the target price of sunflower seed for the 1985/86 garded ; whereas offers and quotations which the marketing year have been fixed in Regulations (EEC) Commission believes, in view of general price move­ No 1489/85 0, and (EEC) No 1490/85 (8) ; ments or information available to it, not to be repre­ sentative of the real trend of the market must also be Whereas in the absence of the target price for the disregarded ; whereas offers and quotations relating to 1985/86 marketing year for colza and rape seed and in quantities of less than 500 tonnes and offers relating to the absence of the amount of the monthly increase for seed of a quality other than that normally acceptable November, December 1985, January, February and on the world market must also be disregarded ; March 1986 for colza and rape seed, the amount of the

(') OJ No 172, 30 . 9 . 1966, p. 3025/66. Whereas Article 3 of Regulation No 225/67/EEC (2) OJ No L 26, 31 . 1 . 1985, p. 12. provides that of the offers and quotations taken into (3) OJ No L 132, 21 . 5. 1983, p. 33 . (4) OJ No L 137, 27. 5. 1985, p. 1 . O OJ No L 167, 25. 7. 1972, p. 9 . 0 OJ No 111 , 10 . 6. 1967, p. 2196/67. I6) OJ No L 143, 30 . 5. 1984, p. 4. H OJ No L 215, 23 . 7. 1982, p. 6. O OJ No L 151 , 10 . 6. 1985, p . 13 . (") OJ No 136, 30 . 6. 1967, p. 2919/67. (8) OJ No L 151 , 10 . 6. 1985, p . 14. H OJ No L 185, 18 . 7. 1985, p. 15.

17. 10 . 85 No L 277/ 19 Official Journal of the European Communities

consideration, those for delivery c and f should be as a basis for determining the world market price and increased by 0,2 % ; whereas offers and quotations for where it is, moreover, impossible to establish the value delivery fas, fob or otherwise should be increased, as of the oil or oil cake processed from such seed, the appropriate, by loading, transport and insurance costs world market price should be determined on the basis from the point of shipment or loading to the frontier of the most recent known value for oil or oil cake, crossing point ; whereas cif offers and quotations for adjusted to take account of the trend of world prices frontier crossing points other than Rotterdam should for competing products by applying to that value the be adjusted to allow for the difference in transport and rules set out in Article 2 of Regulation No 115/ insurance costs as compared with a product delivered 67/EEC ; whereas Article 7 of Regulation No 225/ cif Rotterdam ; whereas the Commission should take 67/EEC defines competing products as those oils or account only of the loading, transport and insurance oil cakes, as the case may be, which appear to have costs which to its knowledge are the lowest ; whereas, been offered in the largest quantities on the world finally, offers and quotations for delivery cif Rotterdam market during the period under consideration ; should be increased by 0,242 ECU ;

Whereas, under Article 6 of Regulation No 115/ Whereas Article 5 of Regulation No 115/67/EEC 67/EEC, the price determined for colza, rape and provides that the world market price should be deter­ sunflower seeds must also be adjusted by an amount mined for seed of the standard quality for which the not exceeding the margin, as calculated in accordance target price has been fixed, delivered in bulk ; with that Article, where that margin may affect the normal disposal of seeds harvested in the Community ;

Whereas Article 3 of Regulation No 225/67/EEC provides that offers and quotations relating to products Whereas the factors to be taken into consideration for presented otherwise than in bulk should be adjusted by deducting the additional value resulting from that the purpose of determining that margin are defined in presentation ; whereas offers and quotations relating to Article 8 of Regulation No 225/67/EEC ; whereas no a quality other than the standard quality for which the adjustment should be made where the margin is found target price was fixed should be adjusted on the basis to be less than 0,604 ECU ; of the coefficients of equivalence shown in the Annex to that Regulation ; whereas, in the case of offers on the world market for qualities of colza and rape seed other than those listed in that Annex, coefficients of Whereas Council Regulation (EEC) No 1594/83 of 14 June 1983 on the subsidy for oil seeds (') laid down equivalence derived from those listed in that Annex may, pursuant to Article 4 of Regulation No 225/ rules for granting the subsidy on oil seeds ; whereas, 67/EEC, be applied ; whereas, when derived coef­ under that Regulation, where the subsidy to be granted ficients are being calculated, account must be taken of is fixed in advance, the amount of such subsidy must the differences between prices for the qualities of seed be equal to the amount applicable on the day on in question and prices for the qualities listed in that which the application for advance fixing was lodged, Annex, and of the characteristics of these various adjusted by the difference between the target price seeds : valid on that day and the target price valid on the day on which the seeds are placed under control at an oil or feed mill and, where appropriate, a corrective amount ; whereas Article 35 of Commission Regula­ Whereas Article 2 of Regulation No 115/67/EEC tion (EEC) No 2681 /83 of 21 September 1983 laying provides that, where no offer or quotation can be used down detailed rules for the application of the subsidy as a basis for determining the world market price, that system for oil seeds (2), as last amended by Regulation price should be determined on the basis of the value (EEC) No 2825/85 (3), provides that such adjustment of the average quantities of oil and oil cake resulting should involve increasing or reducing the amount of from the processing of 100 kilograms of seed within subsidy applicable on the day on which the applica­ the Community less an amount corresponding to the tion was lodged by the corrective amount and the cost of processing these seeds into oil and oil cake ; difference between the target prices mentioned in whereas the quantities and costs to be taken into Article 35 of Regulation (EEC) No 2681 /83 ; consideration for the purposes of the calculation are fixed in Article 5 of Regulation No 225/67/EEC ; whereas the value of those quantities should be deter­ mined in accordance with Article 6 of that Regula­ Whereas Article 37 of Regulation (EEC) No 2681 /83 tion : provides that the corrective amount must be equal to

(') OJ No L 163, 22. 6. 1983, p. 44. Whereas Article 3 of Regulation No 115/67/EEC 2) OJ No L 266, 28 . 9 . 1983 , p. 1 . provides that, where no offer or quotation can be used (3) OJ No L 268 , 10 . 10 . 1985, p. 16.

No L 277/20 Official Journal of the European Communities 17 . 10 . 85

the difference between the world market price for by a method which takes into account a coefficient colza, rape and sunflower seeds and the forward price applied to the conversion rate resulting from the for those seeds valid for a shipment effected during central rate ; whereas Regulation (EEC) No 2679/85 (2) the month in which the seeds were placed under fixed the coefficient ; control at an oil mill, those prices being determined in accordance with Articles 1 , 4 and 5 of Regulation No Whereas Regulation (EEC) No 1813/84 specifies the 115/67/EEC ; whereas, if no offer and no price can be spot and forward exchange rates and the period to be used for such determination, the method of calculation used for calculating the differential amounts ; whereas provided for in Article 37 of Regulation (EEC) No in cases where, for one or more months, quotations of 2681 /83 should be used ; whereas the abovementioned forward exchange rates are not available, the rates difference may be adjusted in accordance with Article adopted for the previous months or the following 38 of Regulation (EEC) No 2681 /83, account being months, as the case may be, must be used ; taken of the prices of the main competing cereals ; Whereas the subsidy should be fixed whenever the market situation makes it necessary and in such a way as to ensure its being applied at least once a week ; Whereas Article 33 of Regulation (EEC) No 2681 /83 whereas the subsidy may be altered whenever it provides for the publication of the amount of the final subsidy obtained from the conversion into each of the becomes obvious that such alteration is necessary ; national currencies of the amount in ECU resulting Whereas it follows from applying these provisions to from the calculation referred to above plus or minus the offers and quotations known to the Commission the differential amount ; whereas Article 1 of Regula­ that, pursuant to Article 33 of Regulation (EEC) No tion (EEC) No 1813/84 (') defined the elements which determine the differential amounts ; whereas these 2681 /83 the amount of the subsidy in ECU and the amount of the subsidy in each of the national curren­ elements are equal to the incidence on the target price cies must be fixed in accordance with the Annex to or the subsidy of the coefficient derived from the this Regulation ; whereas, pursuant to the same Article, percentage referred to in Article 2 ( 1 ) of Regulation the spot and forward exchange rates for the ECU in (EEC) No 1569/72 ; whereas, according to these provi­ national currencies determined in accordance with sions, this percentage represents : Article 4 of Regulation (EEC) No 1813/84 must also be published, (a) for those Member States whose currencies are maintained as between themselves within a spread at any given moment of 2,25 % , the difference between : HAS ADOPTED THIS REGULATION :

— the conversion rate used under the common agricultural policy, and Article 1

— the conversion rate resulting from the central 1 . The amounts of the subsidy and the exchange rate , rates referred to in Article 33 (2) and (3) of Regulation (EEC) No 2681 /83 shall be as set out in the Annex hereto . (b) for Italy, the United Kingdom and Greece, the difference between : 2. The amount of the subsidy in the case of advance — the relationship between the conversion rate fixing for October, November, December 1985, used under the common agricultural policy for January, February and March 1986 for colza and rape the currency of the Member State concerned seed will, however, be confirmed or replaced as from and the central rate of each of the currencies of 17 October 1985 to take into account the indicative the Member States referred to in (a), and price which is fixed for these products for the 1985/ 1986 marketing year, and the amount of the monthly — the spot market rate for the currency of the increase for November, December 1985, January, Member State in question in relation to each of February and March 1986 for colza and rape seed. the currencies of the Member States referred to in (a), as recorded over a period to be deter­ mined :

Article 2 Whereas, however, pursuant to Article 2a of Regula­ tion (EEC) No 1569/72, the monetary disparity for the This Regulation shall enter into force on 17 October marketing years 1984/85 to 1986/87 will be calculated 1985 .

(') OJ No L 170 , 29 . 6 . 1984, p. 41 . (2) OJ No L 254, 25 . 9 . 1985, p. 14.

17 . 10 . 85 No L 277/21 Official Journal of the European Communities

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 16 October 1985 .

For the Commission Frans ANDRIESSEN Vice-President

No L 277/22 17 . 10 . 85 Official Journal of the European Communities

ANNEX I Aids to colza and rape seed (amounts per 100 kilograms) Current 1st month 2nd month 3rd month 4th month 5th month month

1 . Gross aids (ECU) 25,527 (') 26,047 (') 26,567 (') 27,053 (') 27,134 (') 27,654 (') 2. Final aids I l

Seeds harvested and processed in : ||I1lII

— Federal Republic of Germany (DM) 62,37 (') 63,61 (') 64,87 (') 66,17 (') 66,40 (') 68,07 (') — Netherlands (Fl) 70,28 (') 71,68 (') 73,08 (') 74,53 (') 74,79 (') 76,62 (') — BLEU (Bfrs/ Lfrs) 1 184,75 (') 1 208,89 (■) 1 233,02 (') 1 254,72 (') 1 258,46 (') 1 276,03 (*) — France (FF) 176,41 (') 180,05 (') 183,36 (■) 186,13 (') 186,63 (') 190,28 (') — Denmark (Dkr) 214,81 (■) 219,18 (') 223,56 0 227,65 (') 228,33 (') 232,24 (') — Ireland (£ Irl) 19,148 (') 19,538 (') 1 9,925 (') 20,250 (') 20,309 (') . 20,601 (') — United Kingdom (£) 15,771 (') 16,093 (>) 16,414 (1) 16,71 5 (') 1 6,765 (') 1 6,935 (') — Italy (Lit) 36 157 (') 36 925 (') 37 524 (') 38 076 (') 38 156 (') 38 728 (') — Greece (Dr) 1 877,64 (') 1 930,86 (') 1 984,07 (') 2 032,67 (') 2 026,25 (') 2 079,47 (')

(') On the basis of the Commission s last proposal concerning the indicative price and subject to confirmation by the Council's decision .

ANNEX II Aids to sunflower seed (amounts per 100 kilograms) Current 1st month 2nd month 3rd month 4th month month

1 . Gross aids (ECU) 31,609 32,224 32,839 35,605 35,954 2. Final aids Seeds harvested and processed in : lII

— Federal Republic of Germany (DM) 77,18 78,65 80,14 86,74 87,59 — Netherlands (Fl) 86,97 88,62 90,27 97,70 98,66 — BLEU (Bfrs/Lfrs) 1 467,03 1 495,57 1 524,12 1 651,55 1 667,73 — France (FF) 218,52 222,83 226,73 245,66 248,07 — Denmark (Dkr) 265,99 271,16 276,34 299,62 302,55 — Ireland (£ Irl) 23,710 24,172 24,629 26,660 26,921 — United Kingdom (£) 19,529 19,910 20,290 22,004 22,219 44 832 45 740 46 445 50 544 51 036 — Italy (Lit) — Greece (Dr) 2 351,49 2 414,43 2 477,38 2 832,57 2 859,37

ANNEX III

Exchange rate of the ECU to be used for converting final aids into the currency of the processing country when the latter is a country other than the country of production (value of 1 ECU) Current 1st month 2nd month 3rd month 4th month 5th month month

DM 2,211230 2,204190 2,197570 2,190740 2,190740 2,171650 Fl 2,492460 2,487390 2,482540 2,477080 2,477080 2,462460 Bfrs/ Lfrs 44,824800 44,839300 44,860100 44,890000 44,890000 45,004700 FF 6,741320 6,750630 6,762770 6,777990 6,777990 6,824810 Dkr 8,014590 8,017740 8,019200 8,021870 8,021870 8,031570 £ Irl 0,714525 0,715334 0,715429 0,716572 0,716572 0,719010 £ 0,589677 0,591365 0,592886 0,594120 0,594120 0,597361 Lit 1 492,97 1 500,99 1 507,59 1 514,39 1 514,39 1 532,10 Dr 129,21600 129,22100 129,22600 129,23100 129,23100 129,33100