31989R0682

No L -73/32 Official Journal of the European Communities 17. 3 . 89

COMMISSION REGULATION (EEC) No 682/89 of 16 March 1989 fixing the amount of the subsidy on oil seeds

THE COMMISSION OF THE EUROPEAN COMMUNITIES, guaranteed quantities for the 1988/89 marketing year has been fixed by Commission Regulations (EEC) No Having regard to the Treaty establishing the European 2761 /88 (») and (EEC) No 3042/88 (10); Economic Community,

Having regard to the Act of Accession of Spain and whereas the standard quality for sunflower seed has been Portugal, maintained by the Council for the 1988/89 marketing year ; whereas the coefficients of equivalence applied to Having regard to Regulation No 136/66/EEC of the the prices of sunflower seed from third countries have Council of 22 September 1966 on the establishment of a been fixed by Commission Regulation (EEC) No 2869/ common organization of the market in oils and fats ('), as 87 Mi last amended by Regulation (EEC) No 2210/88 (2), and in particular Article 27 (4) thereof, Whereas, in the absence of the target price for the Having regard to Council Regulation (EEC) No 1989/90 marketing year for colza and rape seed, the 1 678/85 (3) fixing the conversion rates to be applied in abatement of the subsidy from the system of maximum agriculture, as last amended by Regulation (EEC) No guaranteed quantities, the amount of the subsidy in the 546/89 (4), case of advance fixing for this period for colza and rape seed has been obtainable only provisionally on the basis Having regard to Regulation (EEC) No 1569/72 of the of the latest proposals from the Commission to the Council of 20 July 1972 laying down special measures for Council on price and abatement ; whereas this amount colza, rape and sunflower seed (*), as last amended by may, therefore, be applied on a temporary basis and Regulation (EEC) No 2216/88 (6), and in particular Article should be confirmed or replaced when the indicative 2 (3) thereof, prices and where appropriate, the effects of the applica­ tion of the system of maximum guaranteed quantities of the 1989/90 marketing year are known ; Having regard to the opinion of the Monetary Committee,

Whereas Article 27 of Regulation No 136/66/EEC provides that a subsidy should be granted in respect of oil Whereas Article 29 of Regulation No 136/66/EEC seeds harvested and processed within the Community provides that the world market price, calculated for a when the target price for a species of seed is higher than Community frontier crossing point, is to be determined the price on the world market ; whereas these provisions on the basis of the most favourable purchasing opportuni­ at present apply only in respect of colza, rape and ties, quotations being adjusted where necessary to take sunflower seeds ; account of quotations for competing products ;

Whereas the subsidy on oil seeds should, theoretically, be equal to the difference between those two prices ; Whereas Article 4 of Regulation No 115/67/EEC of the Council of 6 June 1967 laying down criteria for determi­ Whereas the target price and the monthly increases in the ning world market prices for oil seeds and fixing the fron­ target price for colza, rape and sunflower seed for the tier crossing point (l2), as last amended by Regulation 1988/89 marketing year were fixed by Regulations (EEC) (EEC) No 1983/82 (13), fixed the said crossing point at No 2213/88 0 and (EEC) No 2214/88 (8); Rotterdam ; whereas Article 1 of that Regulation provides that when the world market price is being determined account should be taken of all offers on the world market Whereas a supplement to the target price for 'double zero' colza and rape seed was fixed in Regulation (EEC) No known to the Commission and of quotations on those 2213/88 ; 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 Whereas the abatement of the subsidy for colza, rape and ning the world market price for oil seeds (14), as last sunflower seed which arises from the system of maximum amended by. Regulation (EEC) No 2869/87, provides that offers and quotations which do n9t relate to shipments to (') OJ No 172, 30. 9. 1966, p. 3025/66. (2) OJ No L 197, 26. 7. 1988, p. 1 . (3) OJ No L 164, 24. 6. 1985, p. 11 . (9) OJ No L 247, 6. 9. 1988, p. 7. (<) OJ No L 60, 3 . 3. 1989, p. 11 . H OJ No L 271 , 1 . 10. 1988, p. 104. Is) OJ No L 167, 25. 7. 1972, p. 9. (") OJ No L 273, 26. 9. 1987, p. 16. (6) OJ No L 197, 26. 7. 1988, p. 10. (u) OJ No 111 , 10. 6. 1967, p. 2196/67. 0 OJ No L 197, 26. 7. 1988, p. 6. (13) OJ No L 215, 23. 7. 1982, p. 6. («) OJ No L 197, 26. 7. 1988 , p. 8 . H OJ No 136, 30. 6. 1967, p. 2919/67.

17. 3 . 89 Official Journal of the European Communities No L 73/33

be effected within 30 days following the date on which be determined in accordance with Article 6 of that the world market price is determined should be disre­ Regulation ; garded ; whereas offers and quotations which the Commission believes, in view of general price movements or information available to it, not to be representative of Whereas Article 3 of Regulation No 115/67/EEC provides the real trend of the market must also be disregarded ; that, where no offer or quotation can be used as a basis whereas offers and quotations relating to quantities of less for determining the world market price and where it is, than 500 tonnes and offers relating to seed of a quality moreover, impossible to establish the value of the oil or other than that normally acceptable on the world market oil cake processed from such seed, the world market price must also be disregarded ; should be determined on the basis of the most recent known value for oil or oil cake, adjusted to take account of the trend of world prices for competing products by Whereas Article 3 of Regulation No 225/67/EEC provides applying to that value the rules set out in Article 2 of that of the offers and quotations taken into consideration, Regulation No 115/67/EEC ; whereas Article 7 of Regula­ those for delivery c and f should be increased by 0,2 % ; tion No 225/67/EEC defines competing products as those whereas offers and quotations for delivery fas, fob or oils or oil cakes, as the case may be, which appear to have otherwise should be increased, as appropriate, by loading, been offered in the largest quantities on the world market transport and insurance costs from the point of shipment during the period under consideration ; or loading to the frontier crossing point ; whereas cif offers and quotations for frontier crossing points other than Rotterdam should be adjusted to allow for the diffe­ Whereas, under Article 6 of Regulation No 115/67/EEC, rence in transport and insurance costs as compared with a the price determined for colza, rape and sunflower seeds product delivered cif Rotterdam ; whereas the Commis­ must also be adjusted by an amount not exceeding the sion should take account only of the loading, transport margin, as calculated in accordance with that Article, and insurance costs which to its knowledge are the where that margin may affect the normal disposal of seeds lowest ; whereas, finally, offers and quotations for delivery harvested in the Community ; cif Rotterdam should be increased by ECU 0,242 ;

Whereas Council Regulation (EEC) No 1594/83 of 14 Whereas Article 5 of Regulation No 1 1 5/67/EEC provides June 1983 on the subsidy for oil seeds ('), as last amended that the world market price should be determined for by Regulation (EEC) No 221 5/88 (2), laid down rules for seed of the standard quality for which the target price has granting the subsidy on oil seeds ; whereas, under that been fixed, delivered in bulk : Regulation, where the subsidy to be granted is fixed in advance, the amount of such subsidy must be equal to the amount applicable on the day on which the application Whereas Article 3 of Regulation No 225/67/EEC provides for advance fixing was lodged, adjusted by the difference that offers and quotations relating to products presented between the target price valid on that day and the target otherwise than in bulk should be adjusted by deducting price valid on the day on which the seeds are placed the additional value resulting from that presentation ; under control at an oil or feed mill and, where appro­ whereas offers and quotations relating to a quality other priate, a corrective amount ; whereas Article 35 of than the standard quality for which the target price was Commission Regulation (EEC) No 2681 /83 of 21 fixed should be adjusted on the basis of the coefficients of September 1983 laying down detailed rules for the appli­ equivalence shown in the Annex to that Regulation ; cation of the subsidy system for oil seeds (3), as last whereas, in the case of offers on the world market for amended by Regulation (EEC) No 626/89 (4), provides qualities of colza and rape seed other than those listed in that such adjustment should involve increasing or redu­ that Annex, coefficients of equivalence derived from those cing the amount of subsidy applicable on the day on listed in that Annex may, pursuant to Article 4 of Regula­ which the application was lodged by the corrective tion No 225/67/EEC, be applied ; whereas, when derived amount and the difference between the target prices coefficients are being calculated, account must be taken of mentioned in Article 35 of Regulation (EEC) No the differences between prices for the qualities of seed in 2681 /83 ; question and prices for the qualities listed in that Annex, and of the characteristics of these various seeds ; Whereas Article 37 of Regulation (EEC) No 2681 /83 provides that the corrective amount must be equal to the Whereas Article 2 of Regulation No 115/67/EEC provides difference between the world market price for colza, rape that, where no offer or quotation can be used as a basis and sunflower seeds and the forward price for those seeds for determining the world market price, that price should valid for a shipment effected during the month in which be determined on the basis of the value of the average the seeds were placed under control at an oil mill, those quantities of oil and oil cake resulting from the proces­ prices being determined in accordance with Articles 1 , 4 sing of 100 kilograms of seed within the Community less and 5 of Regulation No 1 1 5/67/EEC ; whereas, if no offer 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 O OJ No L 197, 26. 7. 1988, p. 9 . 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 68, 11 . 3. 1989, p. 24.

No L 73/34 Official Journal of the European Communities 17. 3 . 89

and no price can be used for such determination, the the conversion rate used under the common method of calculation provided for in Article 37 of Regu­ agricultural policy, and lation (EEC) No 2681 /83 should be used ; whereas the abovementioned difference may be adjusted in accordance — the conversion rate resulting from the central rate ; with Article 38 of Regulation (EEC) No 2681 /83, account being taken of the prices of the main competing cereals ; (b) for the other Member States, the difference between :

— the relationship between the conversion rate used under the common agricultural policy for the currency of the Member State concerned and the Whereas the aid for colza, rape or sunflower seed central rate of each of the currencies of the harvested or processed in Spain or Portugal is to be Member States referred to in (a), and advised as provided for in Council Regulation (EEC) No 478/86 (') ; whereas pursuant to Article 95(2) and 293(2) — the spot market rate for the currency of the of the Act of Accession this aid is to be introduced at the Member State in question in relation to each of the currencies of the Member States referred to in beginning of the 1986/87 marketing year for seed harvested in these two Member States : (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 of 25 February 1986 laying down general rules for where, for one or more months, quotations of forward the mechanism for controlling the prices and the quanti­ exchange rates are not available, the rates adopted for the ties of certain products in the oils and fats sector released previous months or the following months, as the case may for consumption in Spain (2), as amended by Regulation be, must be used ; (EEC) No 1 930/88 (3), provision is made for the granting of compensatory aid, subject to certain conditions ; whereas compensatory aid should be fixed for sunflower Whereas the subsidy should be fixed whenever the seeds harvested in Spain ; 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 1 920/87 (4), provides for the granting of a special subsidy for sunflower seed harvested and processed in Portugal ; Whereas it follows from applying these provisions to the whereas the amount of this subsidy should be fixed ; offers and quotations known to the Commission that, pursuant to Article 33 of Regulation (EEC) No 2681 /83 the amount of the subsidy in ecus and the amount of the subsidy in each of the national currencies must be fixed in accordance with the Annex to this Regulation ; Whereas Article 33 of Regulation (EEC) No 2681 /83 whereas, pursuant to the same Article, the spot and provides for the publication of the amount of the final forward exchange rates for the ecu in national currencies subsidy obtained from the conversion into each of the determined in accordance with Article 4 of Regulation national currencies of the amount in ecus resulting from (EEC) No 1813/84 must also be published, the calculation referred to above plus or minus the diffe­ rential amount ; whereas Article 1 of Commission Regula­ tion (EEC) No 1813/84 Q, as last amended by Regulation (EEC) No 431 /89 (6), defined the elements which deter­ mine the differential amounts ; whereas these elements are equal to the incidence on the target price less percen­ tage referred to in Article 5, paragraph 1 of the said regu­ HAS ADOPTED THIS REGULATION : lation or the subsidy of the 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 : Article 1

(a) for those Member States whose currencies are main­ 1 . The amounts of the subsidy and the exchange rates tained as between themselves within a spread at any referred to in Article 33 (2) and (3) of Regulation (EEC) given moment of 2,25 % , the difference between : No 2681 /83 shall be as set out in the Annex hereto.

(') OJ No L 53, 1 . 3 . 1986, p. 55. (2) OJ No L 53, 1 . 3 . 1986, p. 47. 2. The amount of the compensatory aid referred to in 0 OJ No L 170, 2. 7. 1988, p. 3. Article 14 of Regulation (EEC) No 475/86 shall be as (4) OJ No L 183, 3. 7. 1987, p. 18 . shown in Annex III to this Regulation for sunflower seed 0 OJ No L 170, 29 . 6. 1984, p. 41 ¥) OJ No L 50, 22. 2. 1989, p. 7. harvested in Spain.

17. 3 . 89 No L 73/35 Official Journal of the European Communities

3. The amount of the special subsidy provided 1989 to take into account the target price, and where for by Regulation (EEC) 1920/87 for sunflower seed appropriate, the effects of the application of the system of harvested and processed in Portugal is fixed in Annex III. maximum guaranteed quantities for colza and rape seed.

4. However, the amount of the subsidy in the case of Article 2 advance fixing for the 1989/90 marketing year for colza and rape will be confirmed or replaced as from 17 March This Regulation shall enter into force on 17 March 1989.

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

Done at Brussels, 16 March 1989. For the Commission Ray MAC SHARRY Member of the Commission

No L 73/ 36 Official Journal of the European Communities 17 . 3 . 89

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 3 4 5 6 . ?('> 8 0 1 . Gross aids (ECU): \

— Spain 0,580 0,580 0,580 0,580 1,170 1,170 — Portugal 0,000 0,000 0,000 0,000 0,000 0,000 — Other Member States 19,377 19,535 19,612 18,971 16,424 16,023 2. Final aids : \ \

(a) Seed harvested and processed in : I

— Federal Republic of Germany (DM) 46,16 46,54 46,72 45,22 39,17 38,45 — Netherlands (Fl) 51,48 51,90 52,1 1 50,42 43,66 42,74 — BLEU (Bfrs/Lfrs) 935,66 943,28 947,00 916,05 793,06 773,70 — France (FF) 141,46 142,62 143,14 138,11 119,28 116,13 — Denmark (Dkr) 169,51 170,89 171,55 165,83 143,47 139,89 — Ireland (£ Irl) 15,732 15,862 15,920 15,360 13,265 12,914 — United Kingdom (£) 12,044 12,144 12,185 11,704 10,077 9,698 — Italy (Lit) 30 393 30 643 30 694 29 482 25 446 24 435 — Greece (Dr) 2 228,70 2 228,74 2 203,20 2 045,85 1 724,76 1 564,96 (b) Seed harvested in Spain and processed : — in Spain (Pta) 89,44 89,44 89,44 89,44 180,43 180,43 — in another Member State (Pta) 3 072,38 3 098,04 3 109,11 3 005,37 2 687,35 2 595,34 (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) 4 214,80 4 244,00 4 252,19 4 115,78 3 646,05 3 529,1 1

(') Subject in the case of advance fixing for the 1989/90 marketing year to the adoption of prices and connected measures and where appropriate, the effects of the application of the system of maximum guaranteed quantities.

17. 3 . 89 No L 73/37 Official Journal of the European Communities

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 3 4 5 6 7 0 8 (')

1 . Gross aids (ECU) : — Spain 3,080 3,080 3,080 3,080 3,670 3,670 — Portugal 2,500 2,500 2,500 2,500 2,500 2,500 — Other Member States 21,877 22,035 22,112 21,471 18,924 18,523 2. Final aids : (a) Seed harvested and processed in : I

— Federal Republic of Germany (DM) 52,06 52,44 52,63 51,13 45,08 44.35 — Netherlands (Fl) 58,10 58,52 58,72 57,03 50,27 49.36 — BLEU (Bfrs/Lfrs) 1 056,37 1 064,00 1 067,72 1 036,77 913,78 894,42 — France (FF) 160,42 161,58 162,11 157,07 138,24 135,09 — Denmark (Dkr) 191,61 193,00 193,66 187,93 165,57 161,99 — Ireland (£ Irl) 17,842 17,971 18,030 17,469 15,374 15,024 — United Kingdom (£) 13,731 13,831 13,872 13,392 11,764 11,386 — Italy (Lit) 34 480 34 730 34 782 33 570 29 534 28 522 — Greece (Dr) 2 618,75 2 618,79 2 593,25 2 435,90 2114,81 1 955,01 (b) Seed harvested in Spain and processed : I

— in Spain (Pta) 474,98 474,98 474,98 474,98 565,96 565,96 — in another Member State (Pta) 3 457,92 3 483,57 3 494,65 3 390,90 3 072,89 2 980,87 (c) Seed harvested in Portugal and processed : I

— in Portugal (Esc) 470,02 470,02 470,02 470,02 470,02 470,02 — in another Member State (Esc) 4 684,82 4 714,02 4 722,20 4 585,80 4116,07 3 999,13

(') Subject in the case of advance fixing for the 1989/90 marketing year to the adoption of prices and connected measures and where appropriate, the effects of the application of the system of maximum guaranteed quantities.

No L 73/38 17. 3 . 89 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 3 4 5 6 7 1 . Gross aids (ECU) : I

— 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 24,097 24,642 24,828 24,828 24,828 2. Final aids : l \

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

— Federal Republic of Germany (DM) 57,31 58,60 59,04 59,04 59,04 — Netherlands (Fl) 63,98 65,42 65,91 65,91 65,91 — BLEU (Bfrs/Lfrs) 1 163,57 1 189,89 1 198,87 1 198,87 1 198,87 — France (FF) 177,15 181,34 182,70 182,70 182,70 — Denmark (Dkr) 211,21 216,04 217,67 217,67 217,67 — Ireland (£ Irl) 19,704 20,1 69 20,321 20,321 20,321 — United Kingdom (£) 15,211 15,588 15,706 15,691 15,691 — Italy (Lit) 38 086 38 989 39 222 39 104 39 104 — Greece (Dr) 2 950,19 3 023,38 3 016,96 2 986,80 2 986,80 (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) 3 834,63 3 916,82 3 944,20 3 933,65 3 933,65 (c) Seed harvested in Portugal and processed : \

— in Portugal (Esc) 0,00 0,00 0,00 0,00 0,00 — in Spain (Esc) 6 800,57 6 906,45 6 936,24 6 923,35 6 923,35 — in another Member State (Esc) 6 627,75 6 730,93 6 759,97 6 747,40 6 747,40 3. Compensatory aids : — in Spain (Pta) 3 786,42 3 870,55 3 899,86 3 889,31 3 889,31 4. Special aid : \ Illl — in Portugal (Esc) 6 627,75 6 730,93 6 759,97 6 747,40 6 747,40 (') 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 1,0260760.

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 3 4 5 6 7 8

DM 2,079360 2,075730 2,072270 2,069210 2,069210 2,059510 Fl 2,347900 2,344900 2,342450 2,339200 2,339200 2,329910 Bfrs/Lfrs 43,583500 43,576400 43,565600 43,546400 43,546400 43,487200 FF 7,060090 7,063780 7,067290 7,071040 7,071040 7,083180 Dkr 8,111440 8,109920 8,108710 8,107480 8,107480 8,107410 £Irl 0,778758 0,778011 0,777379 0,776980 0,776980 0,776430 £ 0,651030 0,652530 0,653776 0,654980 0,654980 0,659141 Lit 1 527,06 1 532,00 1 537,41 1 542,68 1 542,68 1 557,84 Dr 174,93100 176,85400 178,40700 180,02400 180,02400 184,48300 Esc 171,49800 172,03800 172,59800 173,17000 173,17000 175,00800 Pta 129,51600 129,85700 130,27800 130,70100 130,70100 132,10500