31986R0896

No L 82/38 Official Journal of the European Communities 27 . 3 . 86

COMMISSION REGULATION (EEC) No 896/86 of 26 March 1986 fixing the amount of the subsidy on oil seeds

THE COMMISSION OF THE EUROPEAN COMMUNITIES, and in the absence of the amount of the monthly increase for May and June 1986 for colza and rape seed, the Having regard to the Treaty establishing the European amount of the subsidy in the case of advance fixing for Economic Community, April, May and June 1986 for colza and rape seed has been obtainable only provisionally on the basis of the target price and the monthly increase as last proposed by Having regard to the Act of Accession of Spain and the Commission to the Council for the marketing year Portugal, 1985/86 ; whereas this amount may, therefore, be applied on a temporary basis and should be confirmed or replaced Having regard to Council Regulation No 136/66/EEC of when the target price for the 1985/86 marketing year is 22 September 1966 on the establishment of a common known : organization of the market in oils and fats (') as last amended by Regulation (EEC) No 3768/85 (2) and in particular Article 27 (4) thereof, Whereas, in the absence of the target price for the 1986/87 marketing year for colza, rape and sunflower seed Having regard to Council Regulation (EEC) No and the monthley compensatory amount for September 1 678/85 (3) fixing the conversion rates to be applied in 1986 for colza and rape, in the case of advance fixing for agriculture, as last amended by Regulation (EEC) No July, August and September 1986 for colza and rape seed 3772/85 (4), and for August 1986 for sunflower seed, the amount of the subsidy on these products has been obtainable only Having regard to Council Regulation (EEC) No 1569/72 on the basis of the target price and the monthly increase of 20 July 1972 laying down special measures for colza, proposed by the Commission to the Council for the rape and sunflower seed (*), as last amended by Regulation marketing year 1986/87 ; whereas this amount may, there­ (EEC) No 1474/84 (% and in particular Article 2 (3) fore, be applied on a temporary basis and should be thereof, confirmed or replaced when the target price for the 1986/87 marketing year and the compensatory amount Having regard to the opinion of the Monetary Committee, for September 1986 is known ; Whereas Article 27 of Regulation No 136/66/EEC provides that a subsidy should be granted in respect of oil seeds harvested and processed within the Community Whereas Article 29 of Regulation No 136/66/EEC when the target price for a species of seed is higher than provides that the world market price, calculated for a the price on the world market ; whereas these provisions Community frontier crossing point, is to be determined at present apply only in respect of colza, rape and on the basis of the most favourable purchasing opportuni­ sunflower seeds ; ties, quotations being adjusted where necessary to take account of quotations for competing products ; Whereas the subsidy on oil seeds should, theoretically, be equal to the difference between those two prices ;

Whereas the target price and the monthly increments in Whereas Article 4 of Council Regulation No 115/67/EEC the target price of sunflower seed for the 1985/86 marke­ of 6 June 1967 laying down criteria for determining ting year have been fixed in Regulations (EEC) No world market prices for oil seeds and fixing the frontier 1489/85 0, and (EEC) No 1490/85 (8) ; whereas the target crossing point (l0), as last amended by Regulation (EEC) price for colza, rape and sunflower seed application in No 1983/82 ("), fixed the said crossing point at Spain and in Portugal was set by Regulation (EEC) No Rotterdam ; whereas Article 1 of that Regulation provides 454/86 0 ; that when the world market price is being determined account should be taken of all offers on the world market Whereas, in the absence of the target price for the known to the Commission and of quotations on those 1985/86 marketing year for colza, rape and sunflower seed exchanges which are significant for international trade ; whereas Article 2 of Commission Regulation No 225/ 67/EEC of 28 June 1967 on detailed rules for determi­ (') OJ No 172, 30 . 9 . 1966, p. 3025/ 86. ning the world market price for oil seeds (12), as last (2) OJ No L 362, 31 . 12. 1985, p. 8 . P) OJ No L 132, 21 . 5. 1983, p. 33 . amended by Regulation (EEC) No 1971 /85 (13), provides (4) OJ No L 137, 27. 5. 1985, p . 1 . 0 OJ No L 167, 25. 7. 1972, p. 9 . (6) OJ No L 143, 30 . 5 . 1984, p. 4. (10) OJ No 111 , 10 . 6. 1967, p. 2196/67. I7) OJ No L 151 , 10. 6. 1985, p. 13. (") OJ No L 215, 23 . 7. 1982, p. 6. (8) OJ - No L 151 , 10 . 6 . 1985, p . 14. (12) OJ No 136, 30 . 6. 1967, p. 2919/67. 0 OJ No L 53 , 1 . 3 . 1986. (") OJ No L 185, 18 . 7 . 1985 , p. 15 .

27 . 3 . 86 No L 82/39 Official Journal of the European Communities

that offers and quotations which do not relate to ship­ costs to be taken into consideration for the purposes of ments to be effected within 30 days following the date on the calculation are fixed in Article 5 of Regulation No which the world market price is determined should be 225/67/EEC ; whereas the value of those quantities should disregarded ; whereas offers and quotations which the be determined in accordance with Article 6 of that Regu­ lation : Commission believes, in view of general price movements or information available to it, not to be representative of the real trend of the market must also be disregarded ; whereas offers and quotations relating to quantities of less Whereas Article 3 of Regulation No 1 1 5/67/EEC provides than 500 tonnes and offers relating to seed of a quality that, where no offer or quotation can be used as a basis other than that normally acceptable on the world market for determining the world market price and where it is, must also be disregarded ; moreover, impossible to establish the value of the oil or oil cake processed from such seed, the world market price should be determined on the basis of the most recent Whereas Article 3 of Regulation No 225/67/EEC provides known value for oil or oil cake, adjusted to take account that of the offers and quotations taken into consideration, of the trend of world prices for competing products by those for delivery c and f should be increased by 0,2 % ; applying to that value the rules set out in Article 2 of whereas offers and quotations for delivery fas, fob or Regulation No 1 1 5/67/EEC ; whereas Article 7 of Regula­ otherwise should be increased, as appropriate, by loading, tion No 225/67/EEC defines competing products as those transport and insurance costs from the point of shipment oils or oil cakes, as the case may be, which appear to have or loading to the frontier crossing point ; whereas cif been offered in the largest quantities on the world market offers and quotations for frontier crossing points other during the period under consideration ; than Rotterdam should be adjusted to allow for the diffe­ rence in transport and insurance costs as compared with a product delivered cif Rotterdam ; whereas the Commis­ Whereas, under Article 6 of Regulation No 11 5/67/EEC, sion should take account only of the loading, transport the price determined for colza, rape and sunflower seeds and insurance costs which to its knowledge are the must also be adjusted by an amount not exceeding the lowest ; whereas, finally, offers and quotations for delivery margin, as calculated in accordance with that Article, cif Rotterdam should be increased by 0,242 ECU ; where that margin may affect the normal disposal of seeds harvested in the Community ;

Whereas Article 5 of Regulation No 11 5/67/EEC provides that the world market price should be determined for Whereas the factors to be taken into consideration for the seed of the standard quality for which the target price has purpose of determining that margin are defined in Article been fixed, delivered in bulk : 8 of Regulation No 225/67/EEC ; whereas no adjustment should be made where the margin is found to be less than 0,604 ECU ; Whereas Article 3 of Regulation No 225/67/EEC provides that offers and quotations relating to products presented otherwise than in bulk should be adjusted by deducting Whereas Council Regulation (EEC) No 1594/83 of 14 the additional value resulting from that presentation ; June 1983 on the subsidy for oil seeds (') laid down rules whereas offers and quotations relating to a quality other for granting the subsidy on oil seeds ; whereas, under that than the standard quality for which the target price was Regulation, where the subsidy to be granted is fixed in fixed should be adjusted on the basis of the coefficients of advance, the amount of such subsidy must be equal to the equivalence shown in the Annex to that Regulation ; amount applicable on the day on which the application whereas, in the case of offers on the world market for for advance fixing was lodged, adjusted by the difference qualities of colza and rape seed other than those listed in between the target price valid on that day and the target that Annex, coefficients of equivalence derived from those price valid on the day on which the seeds are placed listed in that Annex may, pursuant to Article 4 of Regula­ under control at an oil or feed mill and, where appro­ tion No 225/67/EEC, be applied ; whereas, when derived priate, a corrective amount ; whereas Article 35 of coefficients are being calculated, account must be taken of Commission Regulation (EEC) No 2681 /83 of 21 the differences between prices for the qualities of seed in September 1983 laying down detailed rules for the appli­ question and prices for the qualities listed in that Annex, cation of the subsidy system for oil seeds (2), as last and of the characteristics of these various seeds ; amended by Regulation (EEC) No 869/86 (3), provides that such adjustment should involve increasing or redu­ cing the amount of subsidy applicable on the day on Whereas Article 2 of Regulation No 1 1 5/67/EEC provides which the application was lodged by the corrective that, where no offer or quotation can be used as a basis amount and the difference between the target prices for determining the world market price, that price should mentioned in Article 35 of Regulation (EEC) No be determined oil the basis of the value of the average 2681 /83 ; quantities of oil and oil cake resulting from the proces­ sing of 100 kilograms of seed within the Community less (*) OJ No L 163, 22. 6. 1983, p. 44. an amount corresponding to the cost of processing these (2) OJ No L 266, 28 . 9 . 1983, p. 1 . <5*vrl«j info oil and oil cake ; whereas the quantities and (3) OJ No L 81 , 26. 3. 1986, p. 10.

No L 82/40 Official Journal of the European Communities 27 . 3 . 86

Whereas Article 37 of Regulation (EEC) No 2681 /83 — the conversion rate resulting from the central rate, provides that the corrective amount must be equal to the difference between the world market price for colza, rape (b) for Italy, the United Kingdom and Greece, the diffe­ and sunflower seeds and the forward price for those seeds rence between : , valid for a shipment effected during the month in which — the relationship between the conversion rate used the seeds were placed under control at an oil mill , those under the common agricultural policy for the prices being determined in accordance with Articles 1 , 4 currency of the Member State concerned and the and 5 of Regulation No 115/67/EEC ; whereas, if no offer central rate of each of the currencies of the and no price can be used for such determination , the Member States referred to in (a), and method of calculation provided for in Article 37 of Regu­ lation (EEC) No 2681 / 83 should be used ; whereas the — the spot market rate for the currency of the abovementioned difference may be adjusted in accordance Member State in question in relation to each of the currencies of the Member States referred to in with Article 38 of Regulation (EEC) No 2681 /83 , account being taken of the prices of the main competing cereals ; (a), as recorded over a period to be determined ;

Whereas, however, pursuant to Article 2a of Regulation (EEC) No 1 569 /72, the monetary disparity for the marke­ Whereas the aid for colza, rape or sunflower seed ting years 1984/85 to 1986/87 will be calculated by a harvested or processed in Spain or Portugal is to be method which takes into account a coefficient applied to advised as provided for in Council Regulation (EEC) No the conversion rate resulting from the central rate ; 478 /86 (') ; whereas pursuant to Article 95 (2) and 293 (2) whereas Regulation (EEC) No 2679/ 85 (3) fixed the coeffi­ of the Act of Accession of Spain and Portugal this aid is cient ; to be introduced at the beginning of the 1986/87 marke­ ting year for seed harvested in these two Member States ; Whereas Regulation (EEC) No 1813/84 specifies the spot and forward exchange rates and the period to be used for calculating the differential amounts ; whereas in cases Whereas, in Article 14 of Council Regulation (EEC) No where, for one or more months, quotations of forward 475/86 (2) and Article 12 of Council Regulation (EEC) No exchange rates are not available, the rates adopted for the 476/86 (3) of 25 February 1986 laying down general rules previous months or the following months, as the case may be, must be used ; for the mechanism for controlling the prices and the quantities of certain products in the oils and fats sector released for consumption in Spain and Portugal respecti­ Whereas the subsidy should be fixed whenever the vely, provision is made for the granting of compensatory market situation makes it necessary and in such a way as aid, subject to certain conditions ; whereas compensatory to ensure its being applied at least once a week ; whereas aid should be fixed for sunflower seeds harvested in Spain the subsidy may be altered whenever it becomes obvious and Portugal ; that such alteration is necessary ;

Whereas it follows from applying these provisions to the Whereas Article 33 of Regulation (EEC) No 2681 /83 offers and quotations known to the Commission that, pursuant to Article 33 of Regulation (EEC) No 2681 / 83 provides for the publication of the amount of the final subsidy obtained from the conversion into each of the the amount of the subsidy in ECU and the amount of the national currencies of the amount in ECU resulting from subsidy in each of the national currencies must be fixed the calculation referred to above plus or minus the diffe­ in accordance with the Annex to this Regulation ; rential amount ; whereas Article 1 of Regulation (EEC) whereas, pursuant to the same Article, the spot and No 1813/84 (2) defined the elements which determine the forward exchange rates for the ECU in national currencies determined in accordance with Article 4 of Regulation differential amounts ; v/hereas these elements are equal to the incidence on the target price or the subsidy of the (EEC) No 1813/84 must also be published , coefficient derived from the percentage referred to in Article 2 ( 1 ) of Regulation (EEC) No 1569/72 ; whereas, according to these provisions, this percentage represents :

HAS ADOPTED THIS REGULATION : (a) for those Member States whose currencies are main­ tained as between themselves within a spread at any given moment of 2,25 % , the difference between : Article 1 — the conversion rate used under the common agri­ cultural policy, and 1 . The amounts of the subsidy and the exchange rates referred to in Article 33 (2) and (3) of Regulation (EEC) (•) Oj No L .53 , 1 . 3 . 1986 . No 2681 / 83 shall be as set out in the Annex hereto . (J) OJ No L, 53 , 1 . 3 . 1986, p. 47 . (') O'f No L 53, 1 , 3 . 1986. p. 51 . 0 O'j No L 170, 29 . 6. 1984, n. 41 ( s) OJ No I , 254 , 25 . 9 . 1985, p. 14 .

27 . 3 . 86 No L 82/41 Official Journal of the European Communities

2. The amount of the compensatory aid referred to in 4. The amount of the subsidy in the case of advance Article 14 of Regulation (EEC) No 475/86 and Article 12 fixing for July, August and September 1986 for colza and of Regulation (EEC) No 476/86 shall be as shown in rape seed and for August 1986 for sunflower seed will Annex II to this Regulation for sunflower seed harvested however be confirmed or replaced as from 1 April 1986 to in Spain and Portugal. take into account the target price which is fixed for these products for the 1985/86 marketing year and the monthly 3 . The amount of the subsidy in the case of advance compensatory amounts for September 1986. fixing for April, May and June 1986 for colza and rape seed will, however, be confirmed or replaced as from 1 April 1986 to take into account the target price which is fixed for these products for the 1985/86 marketing year, Article 2 and the amount of the monthly increase for May and June 1986 for colza and rape seed. This Regulation shall enter into force on 1 April, 1986.

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

Done at Brussels, 26 March 1986 .

For the Commission Frans ANDRIESSEN ' Vice-President

No L 82/42 Official Journal of the European Communities 27. 3 . 86

ANNEX I

Aids to colza and rape seed

(amounts per 100 kilograms) Current 2nd month (') 3rd month (') 4th month (2) 5th month 0 6th month (*) month (')

1 . Gross aids (ECU) II II

— — — — Spain 0,610 0,610 0,586 — — — — Portugal 0,000 0,000 0,000 — Other Member States 28,615 28,115 28,606 24,151 23,758 24,254 2. Final aids \ \I

(a) Seed harvested and processed in : I

— Federal Republic of Germany lI l (DM) 69,74 68,58 69,74 59,27 58,37 ' 59,99 — Netherlands (Fl) 78,58 77,28 78,56 66,76 65,74 67,51 — BLEU (Bfrs/Lfrs) 1 328,07 1 304,87 1 327,66 1 120,02 1 101,77 1 118,15 — France (FF) 198,02 194,47 197,63 165,77 162,96 164,14 — Denmark (Dkr) 240,79 236,59 240,72 203,23 199,92 203,63 — Ireland (£ Irl) 21,464 21,089 21,454 17,900 17,602 17,867 — United Kingdom (£) 16,381 16,042 16,375 13,601 13,335 13,489 — Italy (Lit) 40 731 39 949 40 542 33 748 33 129 33 247 — Greece (Dr) 2 047,39 1 976,15 2 013,20 1 515,82 1 458,73 1 399,69 (b) Seed harvested in Spain and processed : II

— — — — in Spain (Pta) 96,57 96,57 6,19 — in a Member State listed at (a) — — — 2 694,68 2 638,02 2 661,31 (Pta) (c) Seed harvested in Portugal and processed : II

— in Portugal (Esc) 0,00 0,00 0,00 — in a Member State listed at (a) — — — (Esc) 3 479,02 3 417,24 3 372,43

(') On the basis of the Commission s proposal concerning the indicative price for the 1985/86 marketing year and subject to confirmation by the Council's decision . (*) Contingent on the Council's decision on prices and related matters for the 1986/87 marketing year.

s 27. 3 . 86 Official Journal of the European Communities No L 82/43

ANNEX II Aids to sunflower seed (amounts per 100 kilograms) Current 2nd month 3rd month 4th month month 5th month (') 1 . Gross aids (ECU) li li\

— Spain — — — — 1,720 — Portugal — — — — 0,000 — Other Member States 38,928 38,428 42,676 42,571 38,685 2. Final aids ||li li

(a) Seed harvested and processed in (2) : ||

— Federal Republic of Germany (DM) 94,35 93,19 103,05 102,92 93,67 — Netherlands (Fl) 106,31 105,01 116,10 115,95 105,52 — BLEU (Bfrs/Lfrs) 1 806,72 1 783,51 1 980,67 1 975,07 1 794,71 — France (FF) 270,21 266,66 296,56 295,29 268,05 — Denmark (Dkr) 327,58 323,37 359,12 358,23 325,53 — Ireland (£ Irl) 29,200 28,825 32,009 31,754 28,837 — United Kingdom (£) 22,752 22,413 25,296 25,225 22,809 — Italy (Lit) 56 003 55 221 61 698 61 394 55 617 — Greece (Dr) 3 096,58 3 025,34 3 603,08 3 563,78 3 157,65 (b) Seed harvested in Spain and processed : — in Spain (Pta) — — — — 256,80 — in a Member State listed at (a) (Pta) — — 3 348,55 (c) Seed harvested in Portugal and processed : l

— — — — — in Spain (Esc) 5 900,88 — — — — — in Portugal (Esc) 0,00 — in a Member State listed at (a) — — (Esc) 5 688,86 3. Compensatory aids :

— — — — — in Spain (Pta) 3 285,02 — — — — — in Portugal (Esc) 5 649,74

(') Contingent on the Council s decision on prices an related matters for the 1986/87 marketing year. (*) For seed harvested in the Community as constituted at 31 December 1985 and processed in Spain, the amounts shown in 2 (a) to be multi­ plied by 1,037269 .

ANNEX III Exchange rate of the ECU to be used (or 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 2nd month 3rd month 4nd month 5th month 6th month month

DM 2,166430 2,155460 2,146850 2,138720 2,138720 2,121130 Fl 2,446130 2,435460 2,427900 2,421050 2,421050 2,406660 Bfrs/ Lfrs 44,353000 44,390200 44,421600 44,435900 44,435900 44,477800 FF 6,659410 6,701410 6,729640 6,749460 6,749460 6,785840 Dkr 7,997780 7,980690 7,970070 7,959870 7,959870 7,954490 £ Irl 0,716096 0,719288 0,721945 0,724442 0,724442 0,729042 £ 0,641645 0,642271 0,643348 0,644295 0,644295 0,647723 Lit 1 473,58 1 483,15 1 490,30 1 501,02 1 501,02 1 519,94 Dr 134,380100 135,97990 137,50490 139,07450 139,07450 145,37130 Pta 136,066400 136,37140 136,68800 137,21150 137,21150 138,46240 Esc 141,782700 144,16800 146,71060 148,79720 148,79720 154,38130