31988R2771

7. 9 . 88 No L 248/9 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2771/88 of 6 September 1988 fixing the amount of the subsidy on oil seeds

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the abatement of the subsidy for colza and tape seed which arises from the system of maximum guaran­ teed quantities for the 1988/89 marketing year has beep Having regard to the Treaty establishing the European fixed by Commission Regulation (EEC) No 2761 /88 (9) ; Economic Community,

Having regard to the Act of Accession of Spain and Portugal, Whereas the abatement of the subsidy for sunflower seed which arises, where appropriate, from the system of Having regard to Council Regulation No 136/66/EEC of maximum guaranteed quantities for the 1988/89 marke­ 22 September 1966 on the establishment of a common ting year, has not, to date, been fixed ; whereas the organization of the market in oils and fats ('), as last amount of the subsidy for the 1988/89 marketing year has amended by Regulation (EEC) No 2210/88 (2), and in been provisionally calculated on the basis of an abatement particular Article 27 (4) thereof, of 5,835 ECU per 100 kilograms ;

Having regard to Council Regulation (EEC) No 1 678/85 (3) fixing the conversion rates to be applied in agriculture, as last amended by Regulation (EEC) No Whereas the standard quality for sunflower seed has been 21 85/88 f), maintained by the Council for the 1988/89 marketing year ; whereas the coefficients of equivalence applied to Having regard to Council Regulation (EEC) No 1569/72 the prices of sunflower seed from third countries have of 20 July 1972 laying down special measures for colza, been fixed by Commission Regulation (EEC) No 2869/ 87 H ; rape and sunflower seed (*), as last amended by Regulation (EEC) No 2216/88 (6), and in particular Article 2 (3) thereof,

Having regard to the opinion of the Monetary Committee, Whereas Article 29 of Regulation No 136/66/EEC provides that the world market price, calculated for a Community frontier crossing point, is to be determined Whereas Article 27 of Regulation No 136/66/EEC on the basis of the most favourable purchasing opportuni­ provides that a subsidy should be granted in respect of oil ties, quotations being adjusted where necessary to take seeds harvested and processed within the Community account of quotations for competing products ; when the target price for a species of seed is higher than the price on the world market ; whereas these provisions at present apply only in respect of colza, rape and sunflower seeds ; Whereas Article 4 of Council Regulation No 1 1 5/67/EEC Whereas the subsidy on oil seeds should, theoretically, be of 6 June 1967 laying down criteria for determining equal to the difference between those two prices ; world market prices for . oil seeds and fixing the frontier crossing point (n), as last amended by Regulation (EEC) No 1983/82 (12), fixed the said crossing point at Whereas the target price and the monthly increases in the Rotterdam ; whereas Article 1 of that Regulation provides target price for colza, rape and sunflower seed for the that when the world market price is being determined 1988/89 marketing year were fixed by Regulations (EEC) account should be taken of all offers on the world market No 2213/88 0 and (EEC) No 2214/88 (8) ; known to the Commission and of quotations on those exchanges which are significant for international trade ; whereas Article 2 of Commission Regulation No 225/ Whereas a supplement to the target price for 'double zero' 67/EEC of 28 June 1967 on detailed rules for determi­ colza and rape seed was fixed in Regulation (EEC) No 2213/88 ning the world market price for oil seeds (13), as last amended by Regulation (EEC) No 2869/87, provides that offers and quotations which do not relate to shipments to (') OJ No 172, 30. 9. 1966, p. 3025/66. be effected within 30 days following the date on which 0 OJ No L 197, 26. 7. 1988 . O OJ No L 164, 24. 6. 1985, p. 11 . 0 OJ No L 195, 23 . 7. 1988 , p. 1 . O OJ No L 247, 6. 9 . 1988, p. 7. 0 OJ No L 167, 25. 7. 1972, p. 9. (,0) OJ No L 273, 26. 9 . 1987, p. 16. (6) OJ No L 197, 26. 7. 1988 . (") OJ No 111 , 10. 6. 1967, p. 2196/67. 0 OJ No L 197, 26. 7. 1988 . H OJ No L 215, 23. 7. 1982, p. 6. o OJ No L 197, 26. 7. 1988 . (13) OJ No 136, 30. 6. 1967, p. 2919/67.

No L 248 / 10 Official Journal of the European Communities 7. 9 . 88

be determined in accordance with Article 6 of that the world market price is determined should be disre­ 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 Article 3 of Regulation No 115/67/EEC provides whereas offers and quotations relating to quantities of less that, where no offer or quotation can be used as a basis than 500 tonnes and offers relating to seed of a quality for determining the world market price and where it is, other than that normally acceptable on the world market moreover, impossible to establish the value of the oil or must also be disregarded ; 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 1 1 5/67/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 Whereas, under Article 6 of Regulation No 115/67/EEC, product delivered cif Rotterdam ; whereas the Commis­ the price determined for colza, rape and sunflower seeds sion should take account only of the loading, transport must also be adjusted by an amount not exceeding the and insurance costs which to its knowledge are the margin, as calculated in accordance with that Article, lowest ; whereas, finally, offers and quotations for delivery where that margin may affect the normal disposal of seeds cif Rotterdam should be increased by 0,242 ECU ; harvested in the Community ; •>

Whereas Article 5 of Regulation No 115/67/EEC provides Whereas Council Regulation (EEC) No 1594/83 of 14 that the world market price should be determined for June 1983 on the subsidy for oil seeds ('), as last amended seed of the standard quality for which the target price has by Regulation (EEC) No 2215/88 (2), laid down rules for been fixed, delivered in bulk ; 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 2586/88 (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 Article 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. 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 0 OJ No L 266, 28 . 9. 1983, p. 1 . 225/67/EEC ; whereas the value of those quantities should (") OJ No L 230, 19. 8 . 1988, p. 23 .

7. 9 . 88 Official Journal of the European Communities No L 248 / 11

and 5 of Regulation No 1 1 5/67/EEC ; whereas, if no offer (a) 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 with Article 38 of Regulation (EEC) No 2681 /83, account agricultural policy, and 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 sector previous months or the following months, as the ca£e 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 1 569/72 ; 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. 0 OJ No L 183, 3. 7. 1987, p. 18. 1 . The amounts of the subsidy and the exchange rates (4) OJ No L 170, 29. 6. 1984, p. 41 . referred to in Article 33 (2) and (3) of Regulation (EEC) 0 OJ No L 200, 21 . 7. 1987, p. 9. No 2681 /83 Shall be as set out in the Annex hereto.

No L 248 / 12 Official Journal of the European Communities 7 . 9 . 88

2. The amount of the compensatory aid referred to in 1988 to take account, where applicable, of the conse­ Article 14 of Regulation (EEC) No 475/86 shall be as quences of the application of the maximum guaranteed shown in Annex III to this Regulation for sunflower seed quantities system. harvested in Spain. 3. The amount of the special subsidy provided for by Regulation (EEC) 1920/87 for sunflower seed Article 2 harvested and processed in Portugal is fixed in Annex III. 4. However, the amount of aid for sunflower seed shall This Regulation shall enter into force on 7 September 1988 . be confirmed or replaced with effect from 7 September

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

Done at Brussels, 6 September 1988 . For the Commission Frans ANDRIESSEN Vice-President

7 . 9 . 88 Official Journal of the European Communities No L 248 / 13

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 9 0 10 0 11 (1)) 12 (') 1 (') 2 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 15,925 15,225 15,026 15,344 15,423 15,150 2. Final aids : ||II li||

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

— Federal Republic of Germany I IIIlII (DM) 38,05 36,41 35,95 36,72 36,91 36,58 — Netherlands (Fl) 42,36 40,51 39,99 40,83 41,05 40,60 — BLEU (Bfrs/Lfrs) 760,47 726,66 716,98 732,27 744,73 731,55 — France (FF) 110,58 105,08 103,40 105,78 110,55 108,32 — Denmark (Dkr) 135,48 129,23 127,39 130,18 134,24 131,78 — Ireland (£ Irl) 12,281 11,670 11,482 11,747 12,292 12,044 — United Kingdom (£) 8,641 8,126 7,954 8,140 8,918 8,590 — Italy (Lit) 22 545 21 338 • 20 893 21 278 22 866 21 966 — Greece (Dr) 1 477,74 1 334,24 1 255,78 1 273,84 1 275,44 1 128,96 (b) Seed harvested in Spain and I processed : \ \ l l — in Spain (Pta) 89,44 89,44 89,44 89,44 89,44 89,44 — in another Member State (Pta) 2 356,42 2 248,83 2 216,58 2 255,79 2 267,98 2 199,54 (c) Seed harvested in Portugal and processed : — in Portugal (Esc) 0,00 0,00 0,00 0,00 0,00 0,00 — in another Member State (Esc) 3 568,82 3 434,17 3 377,12 3 415,61 3 429,28 3 306,15

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

No L 248 / 14 Official Journal of the European Communities 7. 9 . 88

ANNEX II

Aids to colza and rape seed 'double zero'

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

9 (') 10 (') 11 0 ) 12 (') l (') 2 (') \

I. - Gross aids (ECU): I \ l

— 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 18,425 17,725 17,526 17,844 17,923 17,650 2 . Final aids : \ I

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

— Federal Republic; of Germany (DM) 43,95 42,31 41,85 42,62 42,81 42,49 — Netherlands (Fl) 48,98 47,13 46,61 47,45 47,66 47,21 — BLEU (Bfrs/Lfrs) 880,63 846,83 837,15 852,43 865,45 852,26 — France (FF) 129,27 123,77 122,09 124,47 129,51 127,28 — Denmark (Dkr) 157,36 151,11 149,28 152,06 156,35 153,88 — Ireland (£ Irl) 14,360 13,748 13,561 13,825 14,402 14,154 — United Kingdom (£) 10,281 9,766 9,594 9,781 10,606 16,278 — Italy (Lit) 26 538 25 330 24 886 25 271 26 953 26 053 — Greece (Dr) 1 849,74 1 706,24 1 627,77 1 645,84 1 647,44 1 500,96 (b) Seed harvested in Spain and processed : I I

— in Spain (Pta) 474,98 474,98 474,98 474,98 474,98 474,98 — in another Member State (Pta) 2741,95 2 634,36 2 602,1 1 2 641,33 2 653,52 2 585,07 \ (c) Seed harvested in Portugal and processed : I I

— in Portugal (Esc) 470,02 470,02 470,02 470,02 470,02 470,02 — in another Member State (Esc) 4 038,84 3 904,18 3 847,14 3 885,62 3 899,30 . 3 776,17

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

7. 9 . 88 Official Journal of the European Communities No L 248 / 15

ANNEX III

Aids to sunflower seed (amounts per 100 kilograms) Current 1st period 2nd period 3rd period 4th period 9 (') 10 (') ll (') 12 (') M1)

1 . Gross aids (ECU) : — Spain 5,170 5,170 5,170 5,170 5,170 — Portugal 0,000 . 0,000 0,000 0,000 0,000 — Other Member States 19,648 19,245 18,462 18,840 18,897 2. Final aids : \ I

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

— Federal Republic of Germany , (DM) 46,97 46,03 44,20 45,11 45,25 — Netherlands (Fl) 52,27 51,21 49,15 50,15 50,30 — BLEU (Bfrs/Lfrs) 938.00 918,54 880,65 898,82 912,48 — France (FF) 136.01 132,85 126,56 129,38 135,07 — Denmark (Dkr) 166,95 163,35 156,30 159,60 164,36 — Ireland (£ Irl) 15,105 14,752 14,052 14,366 15,019 — United Kingdom (£) 10,571 10,274 9,667 9,887 10,839 27 672 26 977 25 500 25 946 27 877 — Italy (Lit) — Greece (Dr) 1 778,76 1 688,16 1 489,00 1 507,69 1 502,54 (b) Seed harvested in Spain and processed : — in Spain (Pta) 797,28 797,28 797,28 797,28 797,28 — in another Member State (Pta) 2 083,57 2 021,63 1 899,10 1 944,61 1 953,41 (c) Seed harvested in Portugal and processed : — in Portugal (Esc) 0,00 0,00 0,00 0,00 0,00 — in Spain (Esc) 4 839,05 4 758,66 4 579,53 4 624,65 4 634,06 — in another Member State (Esc) 4 698,99 4 620,93 4 446,98 4 490,80 4 499,93 3 . Compensatory aids : — in Spain (Pta) 2020,76 1 958,82 1 836,29 1 881,80 1 887,30 4. Special aid : — in Portugal (Esc) 4698,99 4 620,93 4 446,98 4 490,80 4 499,93

(') Subject to the reduction resulting from the maximum guaranteed quantities system. P) 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 9 10 11 12 1 2

DM 2,074200 2,070530 2,067000 2,063370 2,063370 2,052330 Fl 2,343030 2,339790 2,336210 2,332800 2,332800 2,321710 Bfrs/Lfrs 43,490000 43,487600 43,487500 43,490500 43,490500 43,502900 FF 7,046690 7,050500 7,054490 > 7,059840 7,059840 7,076770 Dkr 7,971810 7,977780 7,983130 7,988490 7,988490 8,009330 £Irl 0,775668 0,775510 0,7753 67 0,775432 0,775432 0,775973 £ 0,658104 0,659638 0,661009 0,662320 0,662320 0,666556 Lit 1 543,91 1 548,78 1 554,09 1 559,08 1 559,08 1 574,28 Dr 167,21500 168,61400 169,94500 171,32900 ' 1 171,32900 175,02000 Esc 169,62200 170,50100 171,19000 172,00800 172,00800 174,56300 Pta' 136,77500 137,17600 137,52700 137,89300 137^9300 138,84200