31988R2335

28 . 7 . 88 Official Journal of the European Communities No L 203/ 15

COMMISSION REGULATION (EEC) No 2335/88 of 27 July 1988 fixing the amount of the subsidy on oil seeds

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 1988/89 marketing year were fixed by Regulations (EEC) No 2213/88 n and (EEC) No 2214/88 (8) ;

Having regard to the Treaty establishing the European Economic Community, Whereas a supplement to the target price for 'double zero colza and rape seed was fixed in Regulation (EEC) No 2213/88 : Having regard to the Act of Accession of Spain and Portugal, Whereas the abatement of the subsidy which arises, where appropriate, from the system of maximum guaranteed quantities for the 1988/89 marketing year, has not, to Having regard to Council Regulation No 136/66/EEC of date, been fixed ; whereas the amount of the subsidy for 22 September 1966 on the establishment of a common the 1988/89 marketing year has been provisionally calcu­ organization of the market in oils and fats ('), as last lated on the basis of an abatement of 4,502 ECU per 100 amended by Regulation (EEC) No 2210/88 (2), and in kilograms for colza and rape seed and on the basis of an particular Article 27 (4) thereof, abatement of 5,835 ECU per 100 kilograms for sunflower seed :

Having regard to Council Regulation (EEC) No 1678/85 (3) fixing the conversion rates to be applied in Whereas the standard quality for sunflower seed has been agriculture, as last amended by Regulation (EEC) No changed by the Council for the 1987/88 marketing year ; 2185/88 (4), whereas the coefficients of equivalence applied to the prices of sunflower seed from third countries have been fixed by Commission Regulation (EEC) No 2869/87 (9) ; Having regard to Council Regulation (EEC) No 1569/72 of 20 July 1972 laying down special measures for colza, rape and sunflower seed (*), as last amended by Regulation Whereas Article 29 of Regulation No 136/66/EEC (EEC) No 2216/88 (6), and in particular Article 2 (3) thereof, provides that the world market price, calculated for a Community frontier crossing point, is to be determined on the basis of the most favourable purchasing opportuni­ ties, quotations being adjusted where necessary to take Having regard to the opinion of the Monetary Committee, account of quotations for competing products ;

Whereas Article 27 of Regulation No 136/66/EEC Whereas Article 4 of Council Regulation No 115/67/EEC provides that a subsidy should be granted in respect of oil of 6 June 1967 laying down criteria for determining seeds harvested and processed within the Community world market prices for oil seeds and fixing the frontier when the target price for a species of seed is higher than crossing point (10), as last amended by Regulation (EEC) the price on the world market ; whereas these provisions No 1983/82 ("), fixed the said crossing point at at present apply only in respect of colza, rape and Rotterdam ; whereas Article 1 of that Regulation provides sunflower seeds ; that when the world market price is being determined account should be taken of all offers on the world market known to the Commission and of quotations on those exchanges which are significant for international trade ; Whereas the subsidy on oil seeds should, theoretically, be whereas Article 2 of Commission Regulation No 225/ equal to the difference between those two prices ; 67/EEC of 28 June 1967 on detailed rules for determi­ ning the world market price f6r oil seeds (12), as last amended by Regulation (EEC) No 2869/87, provides that Whereas the target price and the monthly increases in the offers and quotations which do not relate to shipments to target price for colza, rape and sunflower seed for the be effected within 30 days following the date on which

(■) OJ No 172, 30 . 9 . 1966, p. 3025/66. 0 OJ No L 197, 26. 7. 1988 . (2) OJ No L 197, 26. 7. 1988 . 8 OJ No L 197, 26. 7. 1988 . (3) OJ No L 164, 24. 6. 1985, p. 11 . 0 OJ No L 273, 26. 9 . 1987, p. 16. (4) OJ No L 195, 23 . 7. 1988 , p. 1 . (10) OJ No 111 , 10 . 6. 1967, p. 2196/67. 0 OJ No L 167, 25. 7. 1972, p. 9 . (■') OJ No L 215, 23. 7. 1982, p. 6. 0 OJ No L 197, 26 . 7, 1988 . (12) OJ No 136, 30., 6. 1967, p. 2919/67.

No L 203/ 16 Official Journal of the European Communities 28 . 7 . 88

the world market price is determined should be disre­ be determined in accordance with Article 6 of that garded ; whereas offers and quotations which the Regulation ; 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 115/67/EEC provides that, where no offer or quotation can be used as a basis than 500 tonnes and offers relating to seed of a quality 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 known value for oil or oil cake, adjusted to take account Whereas Article 3 of Regulation No 225/67/EEC provides of the trend of world prices for competing products by that of the offers and quotations taken into consideration, applying to that value the rules set out in Article 2 of­ those for delivery c and f should be increased by 0,2 % ; Regulation No 115/67/EEC ; whereas Article 7 of Regula­ whereas offers and quotations for delivery fas, fob or tion No 225/67/EEC defines competing products as those otherwise should be increased, as appropriate, by loading, oils or oil cakes, as the case may be, which appear to have transport and insurance costs from the point of shipment been offered in the largest quantities on the world market or loading to the frontier crossing point ; whereas cif during the period under consideration ; offers and quotations for frontier crossing points other 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 115/67/EEC, the price determined for colza, rape and sunflower seeds sion should take account only of the loading, transport and insurance costs which to its knowledge are the must also be adjusted by an amount not exceeding the margin, as calculated in accordance with that Article, lowest ; whereas, finally, offers and quotations for delivery 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 1 1 5/67/EEC provides that the world market price should be determined for Whereas Council Regulation (EEC) No 1594/83 of 14 seed of the standard quality for which the target price has June 1983 on the subsidy for oil seeds ('), as last amended been fixed, delivered in bulk : by Regulation (EEC) No 2215/88 (2), laid down rules for granting the subsidy on oil seeds ; whereas, under that Regulation, where the subsidy to be granted is fixed in advance, the amount of such subsidy must be equal to the Whereas Article 3 of Regulation No 225/67/EEC provides amount applicable on the day on which the application that offers and quotations relating to products presented for advance fixing was lodged, adjusted by the difference otherwise than in bulk should be adjusted by deducting between the target price valid on that day and the target the additional value resulting from that presentation ; price valid on the day on which the seeds are placed whereas offers and quotations relating to a quality other under control * at an oil or feed mill and, where appro­ than the standard quality for which the target price was priate, a corrective amount ; whereas Article 35 of fixed should be adjusted on the basis of the coefficients of Commission Regulation (EEC) No 2681 /83 of 21 equivalence shown in the Annex to that Regulation ; September 1983 laying down detailed rules for the appli­ whereas, in the case of offers on the world market for cation of the subsidy system for oil seeds (3), as last qualities of colza and rape seed other than those listed in amended by Regulation (EEC) No 1354/88 (4), provides that Annex, coefficients of equivalence, derived from those that such adjustment should involve increasing or redu­ listed in that Annex may, pursuant to Article 4 of Regula­ cing the amount of subsidy applicable on the day on tion No 225/67/EEC, be applied ; whereas, when derived which the application was lodged by the corrective coefficients are being calculated, account must be taken of amount and the difference between the target prices the differences between prices for the qualities of seed in mentioned in Article 35 of Regulation (EEC) No question and prices for the qualities listed in that Annex, 2681 /83 ; } and of the characteristics of these various seeds :

Whereas Afticle 37 of Regulation (EEC) No 2681 /83 Whereas Article 2 of Regulation No 1 1 5/67/EEC provides provides that the corrective amount must be equal to the that, where no offer or quotation can be used as a basis difference between the world market price for colza, rape for determining the world market price, that price should and sunflower seeds and the forward price for those seeds be determined on the basis of the value of the average valid for a shipment effected during the month in which quantities of oil and oil cake resulting from the proces­ the seeds were placed under control at an oil mill, those sing of 100 kilograms of seed within the Community less prices being determined in accordance with Articles 1 , 4 an amount corresponding to the cost of processing these seeds into oil and oil cake ; whereas the quantities and (') OJ No L 163, 22. 6. 1983, p. 44. costs to be taken into consideration for the purposes of (2) OJ No L 197, 26. 7. 1988 . the calculation are fixed in Article 5 of Regulation No (3) OJ No L 266, 28 . 9. 1983, p. 1 . 225/67/EEC ; whereas the value of those quantities should (4) OJ No L 125, 19. 5. 1988, p. 19.

28 . 7. 88 No L 203/ 17 Official Journal of the European Communities

and 5 of Regulation No 115/67/EEC ; whereas, if no offer (ay for those Member States whose currencies are main­ and no price can be used for such determination, the tained as between themselves within a spread at any method of calculation provided for in Article 37 of Regu­ given moment of 2,25 % , the difference between : lation (EEC) No 2681 /83 should be used ; whereas the the conversion rate used under the common abovementioned difference may be adjusted in accordance agricultural policy, and with Article 38 of Regulation (EEC) No 2681 /83, account being taken of the prices of the main competing cereals ; — the conversion rate resulting from the central rate,

(b) for the other Member States, the difference between :

— the relationship between the conversion rate used under the common agricultural policy for the Whereas the aid for colza, rape or sunflower seed currency of the Member State concerned and the harvested or processed in Spain or Portugal is to be central rate of each of the currencies of the advised as provided for in Council Regulation (EEC) No Member States referred to in (a), and 478/86 ('); whereas pursuant to Article 95(2) and 293 (2) of the Act of Accession of Spain and Portugal this aid is — the spot market rate for the currency of the to be introduced at the beginning of the 1986/87 marke­ Member State in question in relation to each of ting year for seed harvested in these two Member States ; the currencies of the Member States referred to in (a), as recorded over a period to be determined ;

Whereas Regulation (EEC) No 1813/84 specifies the spot and forward exchange rates and the period to be used for Whereas, in Article 14 of Council Regulation (EEC) No calculating the differential amounts ; whereas in cases 475/86 (2) of 25 February 1986 laying down general rules where, for one or more months, quotations of forward for the mechanism for controlling the prices and the exchange rates are not available, the rates adopted for the quantities of certain products in the oils and fats seqtor previous months or the following months, as the case may released for consumption in Spain provision is made for be, must be used ; the granting of compensatory aid, subject to certain conditions ; whereas compensatory aid should be fixed for sunflower seeds harvested in Spain ; 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 the subsidy may be altered whenever it becomes obvious that such alteration is necessary ;

Whereas Council Regulation (EEC) No 1920/87 (3), provides for the granting of a special subsidy for Whereas it follows from applying these provisions to the sunflower seed harvested and processed in Portugal ; offers and quotations known to the Commission that, whereas the amount of this subsidy should be fixed ; pursuant to Article 33 of Regulation (EEC) No 2681 /83 the amount of the subsidy in ECU and the amount of the subsidy in each of the national currencies must be fixed in accordance with the Annex to this Regulation ; whereas, pursuant to the same Article, the spot and forward exchange rates for the ECU in national currencies Whereas Article 33 of Regulation (EEC) No 2681 /83 determined in accordance with Article 4 of Regulation provides for the publication of the amount of the final (EEC) No 1813/84 must also be published, subsidy obtained from the conversion into each of the national currencies of the amount in ECU resulting from the calculation referred to above plus or minus the diffe­ rential amount ; whereas Article 1 of Commission Regula­ tion (EEC) No 1813/84 (4), as last amended by Regulation (EEC) No 2138/87 (*), defined the elements which deter­ mine the differential amounts ; whereas these elements HAS ADOPTED THIS REGULATION : are equal to the incidence on the target price less 7,5 % or the subsidy of the coefficient derived from the percen­ tage referred to in Article 2 (1 ) of Regulation (EEC) No 1569/72 ; whereas, according to these provisions, this percentage represents : Article 1

(') OJ No L 53, 1 . 3. 1986, p. 55. 0 OJ No L 53, 1 . 3 . 1986, p. 47. 1 . The amounts of the subsidy and the exchange rates (3) OJ No L 183, 3 . 7. 1987, p. 18 . referred to in Article 33 (2) and (3) of Regulation (EEC) (4) OJ No L 170, 29 . 6. 1984, p. 41 No 2681 /83 shall be as set out in the Annex hereto. Is) OJ No L 200, 21 . 7. 1987, p. 9.

No L 203/ 18 28 . 7 . 88 Official Journal of the European Communities

2. The amount of the compensatory aid referred to in from 23 July 1988 to take account, where applicable, of Article 14 of Regulation (EEC) No 475/86 shall be as the consequences of the application of the maximum shown in Annex III to this Regulation for sunflower seed guaranteed quantitees system. harvested in Spain. 3. The amount of the special subsidy provided for by Regulation (EEC) 1920/87 for sunflower seed harvested and processed in Portugal is fixed in Annex III. Article 2 4. However, the amount of aid for colza, rape and sunflower seed shall be confirmed or replaced with effect This Regulation shall enter into force on 28 July 1988 .

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

Done at Brussels, 27 July 1988 .

For the Commission Frans ANDRIESSEN Vice-President

28 . 7. 88 Official Journal of the European Communities No L 203/ 19

ANNEX I

Aids to colza and rape seed other than 'double zero'

(amounts per 100 kilograms) \ Current 1st period 2nd period 3rd period 4th period 5th period

7 (') 8 0 9 0 10 o 110 12 0 \

1 . Gross aids (ECU): \ \ \

— Spain 0,580 0,580 0,580 0,580 0,580 0,580 — Portugal 0,000 0,000 0,000 0,000 0,000 0,000 — Other Member States 10,656 10,656 10,656 10,476 9,351 9,669 2. Final aids : \ l \

(a) Seed harvested and processed in : I

V — Federal Republic of Germany \ \ (DM) 25,70 25,70 25,70 25,29 22,66 • 23,76 — Netherlands (Fl) 28,45 28,45 28,45 27,98 25,01 26,20 — BLEU (Bfrs/Lfrs) 506,26 506,26 506,26 497,57 443,17 458,46 -— France (FF) 69,58 69,58 69,58 68,17 59,21 61,59 — Denmark (Dkr) &8,60 88,60 88,60 86,99 76,89 79,15 — Ireland (£ Irl) 7,718 7,718 7,718 7,561 6,565 6,829 — United Kingdom (£) 4,865 4,865 4,865 4,705 3,850 3,941 — Italy (Lit) 13 582 13 582 13 487 13 027 1 1 033 11 072 — Greece (Dr) 564,07 555,12 527,47 459,78 233,65 166,36 \ (b) Seed harvested in Spain and li Il||II processed : IIII IIII — in Spain (Pta) 89,44 89,44 89,44 89,44 89,44 8,9,44 ;— in another Member State (Pta) 1 692,87 1 692,87 1 688,92 1 649,98 1 475,51 1 490,72 (c) Seed harvested in Portugal and IIIIIl II\ processed : , IIIIIlII — in Portugal (Esc) 0,00 0,00 0,00 0,00 0,00 0,00 — in another Member State (Esc) 2 126,14 2 125,99 2 101,95 2 047,03 1 825,42 1 812,47

(*) Subject to the reduction resulting from the maximum guaranteed quantities/ system.

No L 203/20 28 . 7. 88 Official Journal of the European Communities

ANNEX II

Aids to colza and rape seed 'double zero'

(amounts per 100 kilograms) Current 1st period 2nd period 3rd period I 4th period 5th period

?(') 8(i) 9 0 10 (') 11 0 12 (') \

1 . Gross aids (ECU) : Il |

—- Spain 3,080 3,080 , 3,080 3,080 3,080 3,080 — Portugal 2,500 . 2,500 2,500 2,500 2,500 2,500 — Other Member States 13,156 13,156 13,156 12,976 11,851 12,169 2. Final aids : lil ll||||I

(a) Seed harvested and processed in : , l.IllII|| I

— Federal Republic of Germany (DM) 31,60 31,60 31,60 31,19 28,56 29,66 — Netherlands (Fl) 35,07 35,07 35,07 34,60 31,63 32,82 — BLEU (Bfrs/Lfrs) 626,42 626,42 626,42 617,73 563,34 578,62 — France (FF) 88,27 88,27 88,27 86,85 77,90 80,28 — Denmark (Dkr) 110,48 1 10,48 110,48 108,88 98,77 101,04 — Ireland (£ Irl) 9,797 9,797 9,797 9,640 8,643 8,907 — United Kingdom (£) 6,505 6,505 6,505 6,345 5,491 5,581 — Italy (Lit) 17 574 17 574 17 480 17 020 15 025 15 064 — Greece (Dr) 936,07 927,12 899,47 831,78 605,65 538,35 (b) Seed harvested in Spain and processed : — in Spain (Pta) 474,98 474,98 474,98 474,98 474,98 474,98 — in another Member State (Pta) 2 078,41 2 078,41 2 074,45 2 035,51 1 861,04 1 876,25 (c) Seed harvested in Portugal and processed : l

— in Portugal (Esc) 429,31 429,31 429,31 429,31 429,31 429,31 — in another Member State (Esc) 2 555,45 2 555,30 2 531,26 2 476,34 '2 254,74 2 241,78

(') Subject to the reduction resulting from the maximum guaranteed quantities system.

28 . 7. 88 Official Journal of the European Communities No L 203/21

ANNEX III

Aids to sunflower seed (amounts per 100 kilograms) \ Current 1st period 2nd period 3rd period 4th period 7 8 0 9 (') 10 (') 11 0) \

1 . Gross aids (ECU) : — Spain 3,440 5,170 5,170 5,170 5,170 — Portugal 0,000 0,000 0,000 0,000 0,000 — Other Member States 21,149 17,997 17,439 17,359 17,578 2. Final aids : II ||

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

— Federal Republic of Germany (DM) 52,53 43,10 41,82 41,83 42,35 — Netherlands (Fl) 57,66 48,73 47,27 47,27 47,86 — BLEU (Bfrs/Lfrs) 1 009,75 858,28 831,34 . 826,21 836,69 — France (FF) 146,55 123,05 118,16 116,58 118,15 — Denmark (Dkr) 179,78 152,21 147,23 146,51 148,40 — Ireland (£ Irl) 16,276 13,662 13,169 13,036 13,211 — United Kingdom (£) 11,439' 9,384 8,973 8,914 9,046 — Italy (Lit) 29 837 24 820 23 595 23 116 23 443 — Greece (Dr) 920,83 1 503,12 1 384,84 1 288,46 1 314,45 (b) Seed harvested in Spain and processed : — in Spain (Pta) 530,49 797,28 797,28 797,28 797,28 — in another Member State (Pta) 2 029,45 1 810,19 1 721,52 1 683,34 1 716,95 (c) Seed harvested in Portugal and processed : . — in Portugal (Esc) 0,00 0,00 0,00 0,00 0,00 — in Spain (Esc) 4 199,95 3 616,31 3 499,59 3 451,40 3 486,77 — in another Member State (Esc) 4 078,38 3 511,64 • 3 398,30 3 351,50 3 385,84 3 . Compensatory aids : — in Spain (Pta) 1 974,35 1 755,09 1 666,42 1 621,63 1 655,24 4. Special aid : — in Portugal (Esc) 4 078,38 3 511,64 3 398,30 3 351,50 3 385,84 (') Subject to the reduction resulting from the maximum guaranteed quantities system . (2) For seed harvested in the Community as constituted at 31 December 1985 and processed in Spain, the amounts shown in 2 (a) to be multiplied by 1,0298070.

ANNEX IV 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 period 2nd period 3rd period 4th period 5th period \ 7 8 9 ■ 10 11 12 I

DM 2,081810 2,078090 2,074500 2,070980 2,070980 2,060230 Fl 2,349740 2,345920 2,342100 2,338380 2,338380 2,327120 Bfrs/ Lfrs 43,560900 43,561100 43,560900 43,557400 43,557400 43,547100 FF 7,018050 7,020950 7,023710 7,027250 7,027250 7,039840 Dkr 7,914590 7,925660 7,934530 7,943520 7,943520 7,970790 £Irl 0,774131 0,774285 0,774638 0,774891 0,774891 0,776330 £ 0,655694 0,657241 0,658631 0,660003 0,660003 0,664152 Lit 1 540,18 1 545,48 1 551,28 1 556,59 1 556,59 1 572,48 Dr 166,40900 167,61400 168,76700 170,16700 170,16700 174,67300 Esc 169,32300 170,17500 171,07000 171,83200 174,83200 174,20200 Pta 137,83700 138,27000 138,65800 139,02700 139,02700 140,09100