31988R3398

1 . 11 . 88 Official Journal of the European Communities No L 299/41

COMMISSION REGULATION (EEC) No 3398/88 of 31 October 1988 fixing the amount of the subsidy on oil seeds

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the abatement of the subsidy for colza, rape and sunflower seed which arises from the system of maximum guaranteed quantities for the 1988/89 marketing year has Having regard to the Treaty establishing the European been fixed by Commission Regulations (EEC) No Economic Community, 2761 /88 (s) and (EEC) No 3042/88 (10) ;

Having regard to the Act of Accession of Spain and Portugal,

Whereas the standard quality for sunflower seed has been Having regard to Council Regulation No 136/66/EEC of maintained by the Council for the 1988/89 marketing 22 September 1966 on the establishment of a common year ; whereas the coefficients of equivalence applied to organization of the market in oils and fats ('), as last the prices of sunflower seed from third countries have amended by Regulation (EEC) No 2210/88 (2), and in been fixed by Commission Regulation (EEC) No 2869/87 particular Article 27 (4) thereof, (");

Having regard to Council Regulation (EEC) No 1678/85 (3) fixing the conversion rates to be applied in agriculture, as last amended by Regulation (EEC) No Whereas Article 29 of Regulation No 136/66/EEC 3355/88 (4), provides that the world market price, calculated for a Community frontier crossing point, is to be determined Having regard to Council Regulation (EEC) No 1569/72 on the basis of the most favourable purchasing opportuni­ of 20 July 1972 laying down special measures for colza, ties, quotations being adjusted where necessary to take rape and sunflower seed 0, as last amended by Regulation account of quotations for competing products ; (EEC) No 2216788 0, and in particular Article 2 (3) thereof,

Having regard to the opinion of the Monetary Committee, Whereas Article 4 of Council Regulation No 115/67/EEC of 6 June 1967 laying down criteria for determining world market prices for oil seeds and fixing the frontier Whereas Article 27 of Regulation No 136/66/EEC crossing point (l2), as last amended by Regulation (EEC) provides that a subsidy should be granted in respect of oil No 1983/82 (13), fixed the said crossing point at seeds harvested and processed within the Community Rotterdam ; whereas Article 1 of that Regulation provides when the target price for a species of seed is higher than that when the world market price is being determined the price on the world market ; whereas these provisions account should be taken of all offers on the world market at present apply only in respect of colza, rape and known to the Commission and of quotations on those sunflower seeds ; exchanges which are significant for international trade ; whereas Article 2 of Commission Regulation No 225/ Whereas the subsidy on oil seeds should, theoretically, be 67/EEC of 28 June 1967 on detailed rules for determi­ equal to the difference between those two prices ; ning the world market price for oil seeds (H), as last amended by Regulation (EEC) No 2869/87, provides that offers and quotations which do not relate to shipments to Whereas the target price and the monthly increases in the be effected within 30 days following the date on which target price for colza, rape and sunflower seed for the the world market price is determined should be disre­ 1988/89 marketing year were fixed by Regulations (EEC) garded ; whereas offers and quotations which the No 2213/88 0 and (EEQ No 2214/88 (8); Commission believes, in view of general price movements or information available to it, not to be representative of Whereas a supplement to the target price for 'double zero' the real trend of the market must also be disregarded ; whereas offers and quotations relating to quantities of less colza and rape seed was fixed in Regulation (EEC) No 2213/88 ; than 500 tonnes and offers relating to seed of a quality other than that normally acceptable on the world market must also be disregarded ; 0 OJ No 172, 30 . 9. 1966, p. 3025/66. (2) OJ No L 197, 26. 7. 1988 , p. 1 . 0 OJ No L 164, 24. 6. 1985, p. 11 . (9) OJ No L 247, 6. 9 . 1988 , p. 7. (4) OJ No L 296, 29 . 10. 1988, p. 17. H OJ No L 271 , 1 . 10. 1988 , p. 104. 0 OJ No L 167, 25. 7. 1972, p. 9. (") OJ No L 273, 26. 9. 1987, p. 16. («) OJ No L 197, 26. 7. 1988, p. 10. (I2) OJ No 111 , 10. 6. 1967, p. 2196/67. 0 OJ No L 197, 26. 7. 1988 , p. 6. (I3) OJ No L 215, 23 . 7. 1982, p. 6. (8) OJ No L 197, 26. 7. 1988 , p. 8 . (H) OJ No 136, 30. 6. 1967, p. 2919/67.

No L 299/42 Official Journal of the European Communities 1 . 11 . 88

Whereas Article 3 of Regulation No 225/67/EEC provides for determining the world market price and where it is, that of the offers and quotations taken into consideration, moreover, impossible to establish the value of the oil or those for delivery c and f should be increased by 0,2 % ; oil cake processed from such seed, the world market price should be determined on the basis of the most recent whereas offers and quotations for delivery fas, fob or otherwise should be increased, as appropriate, by loading, known value for oil or oil cake, adjusted to take account transport and insurance costs from the point of shipment of the trend of world prices for competing products by or loading to the frontier crossing point ; whereas cif applying to that value the rules set out in Article 2 of offers and quotations for frontier crossing points other Regulation No 115/67/EEC ; whereas Article 7 of Regula­ than Rotterdam should be adjusted to allow for the diffe­ tion No 225/67/EEC defines competing products as those rence in transport and insurance costs as compared with a oils or oil cakes, as the case may be, which appear to have product delivered cif Rotterdam ; whereas the Commis­ been offered in the largest quantities on the world market sion should take account only of the loading, transport during the period under consideration ; and insurance costs which to its knowledge are the lowest ; whereas, finally, offers and quotations for delivery cif Rotterdam should be increased by 0,242 ECU ;

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

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 ('), as last amended whereas offers and quotations relating to a quality other by Regulation (EEC) No 2215/88 (2), laid down rules for than the standard quality for which the target price was granting the subsidy on oil seeds ; whereas, under that fixed should be adjusted on the basis of the coefficients of Regulation, where the subsidy to be granted is fixed in equivalence shown in the Annex to that Regulation ; advance, the amount of such subsidy must be equal to the whereas, in the case of offers on the world market for amount applicable on the day on which the application qualities of colza and rape seed other than those listed in for advance fixing was lodged, adjusted by the difference that Annex, coefficients of equivalence derived from those between the target price valid on that day and the target listed in that Annex may, pursuant to Article 4 of Regula­ price valid on the day on which the seeds are placed tion No 225/67/EEC, be applied ; whereas, when derived under control at an oil or feed mill and, where appro­ coefficients are being calculated, account must be taken of priate, a corrective amount ; whereas Article 35 of the differences between prices for the qualities of seed in Commission Regulation (EEC) No 2681 /83 of 21 question and prices for the quafities listed in that Annex, September 1983 laying down detailed rules for the appli­ and of the characteristics of these various seeds ; cation of the subsidy system for oil seeds (3), as last amended by Regulation (EEC) No 3378/88 (4), provides that such adjustment should involve increasing or redu­ cing the amount of subsidy applicable on the day on which the application was lodged by the corrective Whereas Article 2 of Regulation No 115/67/EEC provides amount and the difference between the target prices that, where no offer or quotation can be used as a basis mentioned in Article 35 of Regulation (EEC) No for determining the world market price, that price should 2681 /83 : be determined on the basis of the value of the average quantities of oil and oil cake resulting from the proces­ sing of 100 kilograms of seed within the Community less an amount corresponding to the cost of processing these seeds into oil and oil cake ; whereas the quantities and costs to be taken into consideration for the purposes of the calculation are fixed in Article 5 of Regulation No Whereas Article 37 of Regulation (EEC) No 2681 /83 225/67/EEC ; whereas the value of those quantities should provides that the corrective ^amount must be equal to the be determined in accordance with Article 6 of that difference between the world market price for colza, rape and sunflower seeds and the forward price for those seeds Regulation ; valid for a shipment effected during the month in which

(') OJ No L 163, 22. 6. 1983, p. 44. (*) OJ No L 197, 26. 7. 1988, p. 9. Whereas Article 3 of Regulation No 1 15/67/EEC provides (3) OJ No L 266, 28 . 9. 1983, p. 1 . that, where no offer or quotation can be used as a basis 0 OJ No L 296, 29. 10. 1988, p. 71 .

1 . 11 . 88 Official Journal of the European Communities No L 299/43

the seeds were placed under control at an oil mill, those — the conversion rate resulting from the central rate, prices being determined in accordance with Articles 1 , 4 and 5 of Regulation No 115/67/EEC ; whereas, if no offer (b) for the other Member States, the difference between : and no price can be used for such determination, the — the relationship between the conversion rate used method of calculation provided for in Article 37 of Regu­ under the common agricultural policy for the lation (EEC) No 2681 /83 should be used ; whereas the currency of the Member State concerned and the abovementioned difference may be adjusted in accordance central rate of each of the currencies of the with Article 38 of Regulation (EEC) No 2681 /83, account Member States referred to in (a), and being taken of the prices of the main competing cereals ; — the spot market rate for the . currency of the Member State in question in relation to each of the currencies of the Member States referred to in Whereas the aid for colza, rape or sunflower seed (a), as recorded over a period to be determined ; harvested or processed in Spain or Portugal is to be advised as ( provided for in Council Regulation (EEC) No Whereas Regulation (EEC) No 1813/84 specifies the spot 478/86 ('); whereas pursuant to Article 95(2) and 293 (2) and forward exchange rates and the period to be used for of the Act of Accession of Spain and Portugal this aid is calculating the differential amounts ; whereas in cases to be introduced at the beginning of the 1986/87 marke­ where, for one or more months, quotations of forward ting year for seed harvested in these two Member States ; exchange rates are not available, the rates adopted for the previous months or the following months, as the case may be, must be used ; Whereas, in Article 14 of Council Regulation (EEC) No 475/76 of 25 February 1986 laying down general rules for Whereas the subsidy should be fixed whenever the the mechanism for controlling the prices and the quanti­ market situation makes it necessary and in such a way as ties of certain products in the oils and fats sector released to ensure its being applied at least once a week ; whereas for consumption in Spain (2), as amended by Regulation the subsidy may be altered whenever it becomes obvious (EEC) No 1930/88 (3), provision is made for the granting that such alteration is necessary ; of compensatory aid, subject to certain conditions ; whereas compensatory aid should be fixed for sunflower Whereas it follows from applying these provisions to the seeds harvested in Spain ; offers and quotations known to the Commission that, pursuant to Article 33 of Regulation (EEC) No 2681 /83 the amount of the subsidy in ECU and the amount of the Whereas Council Regulation (EEC) No 1920/87 (4), subsidy in each of the national currencies must be fixed provides for the granting of a special subsidy for in accordance with the Annex to this Regulation ; sunflower seed harvested and processed in Portugal ; whereas, pursuant to the same Article, the spot and whereas the amount of this subsidy should be fixed ; forward exchange rates for the ECU in national currencies determined in accordance with Article 4 of Regulation (EEC) No 1813/84 must also be published, Whereas 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 national, currencies of the amount in ECU resulting from HAS ADOPTED THIS REGULATION : the calculation referred to above plus or minus the diffe­ rential amount ; whereas Article 1 of Commission Regula­ tion (EEC) No 1813/84 (*), as last amended by Regulation Article 1 (EEC) No 2138/87 (6), defined the elements which deter­ mine the differential amounts ; whereas these elements are equal to the incidence on the target price less 7,5 % 1 . The amounts of the subsidy and the exchange rates or the subsidy of the coefficient derived from the percen­ referred to in Article 33 (2) and (3) of Regulation (EEC) tage referred to in Article 2 ( 1 ) of Regulation (EEC) No No 2681 /83 shall be as set out in the Annex hereto. 1569/72 ; whereas, according to these provisions, this percentage represents : 2. The amount of the compensatory aid referred to in Article 14 of Regulation (EEC) No 475/86 shall be as shown in Annex III to this Regulation for sunflower seed (a) for those Member States whose currencies are main­ harvested in Spain. ' tained as between themselves within a spread at any given moment of 2,25% , the difference between : 3. The amount of the special subsidy provided — the conversion rate used under the common for by Regulation (EEC) 1920/87 for sunflower seed agricultural policy, and harvested and processed in Portugal is fixed in Annex III.

(') OJ No L 53, 1 . 3 . 1986, p. 55. 0 OJ No L 53, 1 . 3 . 1986, p. 47. Article 2 O OJ No L 170, 2. 7. 1988, p. 3 . 0 OJ No L 183, 3 . 7. 1987, p. 18 . O OJ No L 170, 29 . 6. 1984, p. 41 . This Regulation shall enter into force on 1 November (6) OJ No L 200, 21 . 7. 1987, p, 9. 1988 .

1 . 11 . 88 No L 299/44 Official Journal of the European Communities

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

Done at Brussels, 31 October 1988 . For the Commission Frans ANDRIESSEN Vice-President

ANNEX I

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

(amounts per 100 kg)

Current 1st period 2nd period 3rd period 4th period 5th period 11 12 1 2 3 4

L Gross aids (ECU) : 0,580 0,580 0,580 0,580 0,580 0,580 — Spain 0,000 0,000 0,000 0,000 0,000 0,000 — Portugal 20,828 21,068 21,232 20,695 20,858 21,022 — Other Member States X Final aids : (a) Seed harvested and processed in :

— Federal Republic of Germany 50,10 50,49 49,28 49,67 50,31 (DM) 49,54 55,93 56,37 54,95 55,39 56,05 — Netherlands (Fl) 55,30 1 008,67 1 025,23 999,30 1 007,17 1 015,09 — BLEU (Bfrs/Lfrs) 997,15 150,74 156,18 151,88 153,09 154,29 — France (FF) 148,97 181,30 186,12 181,30 182,73 , 184,14 — Denmark (Dkr) 179,21 16,751 17,731 16,893 17,027 17,161 — Ireland (£ Irl) 16,554 12,381 13,219 12,773 12,875 12,881 — United Kingdom (£) 12,228 31 342 33 031 31 973 32 227 32 193 30 966 — Italy (Lit) 2 374,12 2 373,59 2 235,39 2 253,80 2 190,70 — Greece (Dr) » 2 348,20 (b) Seed harvested in Spain and processed : 89,44 89,44 89,44 89,44 89,44 — in Spain (Pta) 89,44 3 143,08 3 161,05 3 066,78 3 091,82 3 081,47 — in another Member State (Pta) 3 106,06 (c) Seed harvested in Portugal and processed : 0,00 0,00 0,00 0,00 0,00 — in Portugal (Esc) 0,00 4 536,92 4 551,11 4 427,19 4 457,06 4 432,20 — in another Member State (Esc) 4 492,02

1 . 11 . 88 Official Journal of the European Communities No L 299/45

ANNEX II

Aids to colza and rape seed 'double zero'

(amounts per 100 kg) Current 1st period 2nd period 3rd period 4th period 5th period 11 12 1 2 3 4

1 . Gross aids (ECU) : — 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 23,328 23,568 23,732 23,195 23,358 23,522 2. Final aids : (a) Seed harvested and processed in :

— Federal Republic of Germany (DM) 55,44 56,01 56,40 55,19 55,57 56,21 — Netherlands (Fl) 61,91 62,55 62,99 61,57 62,00 62,67 — BLEU (Bfrs/Lfrs) 1 117,32 1 128,84 1 145,94 1 120,01 1 127,89 1 135,80 — France (FF) 167,66 169,43 175,14 170,84 172,05 173,26 — Denmark (Dkr) 201,10 203,19 208,23 203,41 204,84 206,24 — Ireland (£ Irl) 18,632 18,829 19,481 19,003 19,136 19,271 — United Kingdom (£) 13,868 14,021 14,906 14,461 14,563 14,569 — Italy (Lit) 34 958 35 335 37 119 36 061 36 314 36 280 — Greece (Dr) 2 720,19 2 746,12 2 745,59 2 607,38 2 625,80 2 562,70 (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) 3 491,59 3 528,62 3 546,59 3 452,31 3 477,35 3 467,00 (c) Seed harvested in Portugal and processed : — in Portugal (Esc) 470,02 470,02 470,02 470,02 470,02 470,02 — in another Member State (Esc) 4962,03 5 006,94 5 021,12 4 897,21 4 927,08 4 902,22

No L 299/46 1 . 11 . 88 Official Journal of the European Communities

ANNEX III

Aids to sunflower seed (amounts per 100 kg)

Current 1st period 2nd period 3rd period 4th period 11 12 1 2 3

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 22,583 22,961 23,131 22,522 22,900 2. Final aids : (a) Seed harvested and processed in (') : .

— Federal Republic of Germany (DM) 53,74 54,63 55,04 53,67 54,56 59,97 60,97 61,42 59,82 60,82 — Netherlands (Fl) ' — BLEU (Bfrs/Lfrs) 1 080,81 1 098,99 1 116,92 1 087,52 1 105,77 — France (FF) 160,91 163,75 169,75 164,88 167,75 — Denmark (Dkr) 194,03 197,34 202,64 197,17 200,52 — Ireland (£ Irl) 17,880 18,195 18,880 18,338 18,657 — United Kingdom (£) 13,128 13,379 14,310 13,803 14,060 33 368 33 975 35 848 34 643 35 264 — Italy (Lit) — Greece (Dr) 2 478,26 2 526,91 2 521,85 2 363,62 2 421,13

(b) Seed harvested in Spain and processed : 797,28 797,28 797,28 797,28 797,28 — in Spain (Pta) — in another Member State (Pta) 3 40«,43 3 466,72 3 484,38 3 377,06 3 435,38

(c) Seed harvested in Portugal and processed : 0,00 0,00 0,00 0,00 0,00 — in Portugal (Esc) 6 525,52 6 598,82 6 612,07 6 467,16 6 540,52 — in Spain (Esc) 6 336,64 6 407,82 6 420,69 6 279,97 6 351,21 — in another Member State (Esc) 3 . Compensatory aids : 3 361,60 3 419,89 3 434,79 3 327,48 3 385,79 — in Spain (Pta) 4. Special aid : 6 336,64 6 407,82 6 420,69 6 279,97 6 351,21 — in Portugal (Esc) (') 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 12 1 2 3 4 11 2,067930 2,063760 2,059890 2,059890 2,048560 DM 2,072150 2,332830 2,329380 2,325130 2,325130 2,314270 Fl 2,336610 43,434400 43,436800 43,423500 43,423500 43,412800 Bfrs/ Lfrs 43,435400 7,082230 7,088050 7,094760 7,094760 7,111510 FF 7,076570 7,993410 7,997300 8,003260 8,011890 8,011890 8,034930 Dkr 0,775706 0,775669 0,775805 0,775805 0,775258 £Irl 0,775606 0,660741 0,662383 0,662383 0,667276 £ 0,657241 0,659014 1 548,42 1 553,44 1 558,56 1 558,56 1 572,78 Lit 1 543,06 171,51900 172,74600 174,08900 174,08900 178,95500 Dr 170,19000 172,15400 173,01200 173,93300 173,93300 176,57500 Esc 171,33200 136,84400 137,39800 137,92700 137,92700 139,55900 Pta 136,35800

/