31989R2645

No L 255/32 Official Journal of the European Communities 1 . 9 . 89

COMMISSION REGULATION (EEC) No 2645/89 of 31 August 1989 fixing the amount of the subsidy on oil seeds

THE COMMISSION OF THE EUROPEAN COMMUNITIES, marketing years ; whereas the coefficients of equivalence applied to the prices of sunflower seed from third coun­ Having regard to the Treaty establishing the European tries have been fixed by Commission Regulation (EEC) Economic Community, No 2869/87 (») ;

Having regard to the Act of Accession of Spain and Whereas the abatement of the subsidy for colza and tape Portugal, seed which arises from the system of maximum guaran­ teed quantities for the 1989/90 marketing year has been Having regard to Regulation No 1 36/66/EEC of the fixed by Commission Regulation (EEC) No 2625/89 (10) ; Council of 22 September 1966 on the establishment of a common organization of the market in oils and fats ('), as last amended by Regulation (EEC) No 1225/89 (2), and in Whereas the abatement of the subsidy for sunflower seed particular Article 27 (4) thereof, which arises, where appropriate, from the system of maximum guaranteed quantities for the 1989/90 marke­ Having regard to Council Regulation (EEC) No ting year, has not, to date, been fixed ; whereas the 1678/85 (3) fixing the conversion rates to be applied in amount of the subsidy for the 1989/90 marketing year has agriculture, as last amended by Regulation (EEC) No been provisionally calculated on the basis of an abatement 2639/89 (4), of 11,55 ECU per 100 kilograms ;

Having regard to Regulation (EEC) No 1569/72 of the Council of 20 July 1972 laying down special measures for Whereas Article 29 of Regulation No 1 36/66/EEC colza, rape and sunflower seed (*), as last amended by provides that the world market price, calculated for a Regulation (EEC) No 2216/88 (% and in particular Article Community frontier crossing point, is to be determined 2 (3) thereof, 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 1 36/66/EEC Whereas Article 4 of Regulation No 115/67/EEC of the provides that a subsidy should be granted in respect of oil Council of 6 June 1967 laying down criteria for determi­ seeds harvested and processed within the Community ning world market prices for oil seeds and fixing the fron­ when the target price for a species of seed is higher than tier crossing point ("), as last amended by Regulation the price on the world market ; whereas these provisions (EEC) No 1983/82 (1?), fixed the said crossing point at at present apply only in respect of colza, rape and sunflower seeds ; 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 the subsidy on oil seeds should, theoretically, be known to the Commission and of quotations on those equal to the difference between those two prices ; exchanges which are significant for international trade ; whereas Article 2 of Commission Regulation No 225/ Whereas the target price and the monthly increases in the 67/EEC of 28 June 1967 on detailed rules for determi­ target price for colza, rape and sunflower seed for the ning the world market price for oil seeds (13), as last 1989/90 marketing year were fixed by Regulations (EEC) amended by Regulation (EEC) No 2869/87, provides that No 1228 /89 0 and (EEC) No 1229/89 (8) ; offers and quotations which do not relate to shipments to be effected within 30 days following the date on which Whereas a supplement to the target price for 'double zero' the world market price is determined should be disre­ colza and rape seed was fixed in Regulation (EEC) No garded ; whereas offers and quotations which the 1228 /89 ; 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 the standard quality for sunflower seed has been whereas offers and quotations relating to quantities of less maintained by the Council for the 1988/89 and 1989/90 than 500 tonnes and offers relating to seed of a quality other than that normally acceptable on the world market (') OJ No 172, 30. 9. 1966, p. 3025/66. must also be disregarded ; (2) OJ No L 128, 11 . 5. 1989, p. 15. (3) OJ No L 164, 24. 6. 1985, p. 11 . (4) See page 14 of this Official Journal. 0 OJ No L 273, 26. 9 . 1987, p. 16. 0 OJ No L 167, 25. 7. 1972, p. 9. (10) OJ No L 254, 31 . 8. 1989, p. 9. («) OJ No L 197, 26. 7. 1988, p. 10 . (") OJ No 111 , 10 . 6. 1967, p. 2196/67. 0 OJ No L 128, 11 . 5. 1989, p. 20. (12) OJ No L 215, 23. 7. 1982, p. 6. 8 OJ No L 128, 11 . 5. 1989, p. 22. (13) OJ No 136, 30 . 6. 1967, p. 2919/67.

1 . 9 . 89 Official Journal of the European Communities No L 255/33

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 115/67/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 sion should take account only of the loading, transport and insurance costs which to its knowledge are the Whereas, under Article 6 of Regulation No 115/67/EEC, lowest ; whereas, finally, offers and quotations for delivery the price determined for colza, rape and sunflower seeds cif Rotterdam should be increased by ECU 0,242 ; must also be adjusted by an amount not exceeding the margin, as calculated in accordance with that Article, where that margin may affect the normal disposal of seeds harvested in the Community ; Whereas Article 5 of Regulation No 115/67/EEC provides that the world market price should be determined for seed of the standard quality for which the target price has been fixed, delivered in bulk ; Whereas Council Regulation (EEC) No 1594/83 of 14 June 1983 on the subsidy for oil seeds ('), as last amended by Regulation (EEC) No 2215/88 0, laid down rules for Whereas Article 3 of Regulation No 225/67/EEC provides granting the subsidy on oil seeds ; whereas, under that that offers and quotations relating to products presented Regulation, where the subsidy to be granted is fixed in otherwise than in bulk should be adjusted by deducting advance, the amount of such subsidy must be equal to the the additional value resulting from that presentation ; amount applicable on the day on which the application whereas offers and quotations relating to a quality other for advance fixing was lodged, adjusted by the difference than the standard quality for which the target price was between the target price valid on that day and the target fixed should be adjusted on the basis of the coefficients of price valid on the day on which the seeds are placed equivalence shown in the Annex to that Regulation ; under control at an oil or feed mill and, where appro­ whereas, in the case of offers on the world market for priate, a corrective amount ; whereas Article 35 of qualities of colza and rape seed other than those listed in Commission Regulation (EEC) No 2681 /83 of 21 that Annex, coefficients of equivalence derived from those September 1983 laying down detailed rules for the appli­ listed in that Annex may, pursuant to Article 4 of Regula­ cation of the subsidy system for oil seeds (J), as last tion No 225/67/EEC, be applied ; whereas, when derived amended by Regulation (EEC) No 1966/89 (4), provides coefficients are being calculated, account must be taken of that such adjustment should involve increasing or redu­ the differences between prices for the qualities of seed in cing the amount of subsidy applicable on the day on question and prices for the qualities listed in that Annex, which the application was lodged by the corrective and of the characteristics of these various seeds ; amount and the difference between the target prices mentioned in Article 35 of Regulation (EEC) No 2681 /83 ;

Whereas Article 2 of Regulation No 115/67/EEC provides that, where no offer or quotation can be used as a basis for determining the world market price, that price should be determined on the basis of the value of the average Whereas Article 37 of Regulation (EEC) No 2681 /83 quantities of oil and oil cake resulting from the proces­ provides that the corrective amount must be equal to the sing of 100 kilograms of seed within the Community less difference between the world market price for colza, rape an amount corresponding to the cost of processing these and sunflower seeds and the forward price for those seeds seeds into oil and oil cake -; whereas the quantities and valid for a shipment effected during the month in which costs to be taken into consideration vfor the purposes of the seeds were placed under control at an oil mill, those the calculation are fixed in Article 5 of Regulation No prices being determined in accordance with Articles 1 , 4 225/67/EEC ; whereas the value of those quantities should and 5 of Regulation No 1 1 5/67/EEC ; whereas, if no offer be determined in accordance with Article 6 of that and no price can be used for such determination, the Regulation ; method of calculation provided for in Article 37 of Regu­ lation (EEC) No 2681 /83 should be used ; whereas the abovementioned difference may be adjusted in accordance with Article 38 of Regulation (EEC) No 2681 /83, account Whereas Article 3 of Regulation No 115/67/EEC provides being taken of the prices of the main competing cereals ; that, where no offer or quotation can be used as a basis for determining the world market price and where it is, (>) OJ No L 163, 22. 6. 1983, p. 44. moreover, impossible to establish the value of the oil or 0 OJ No L 197, 26. 7. 1988, p. 9. oil cake processed from such seed, the world market price O OJ No L 266, 28. 9. 1983, p. 1 . should be determined on the basis of the most recent (") OJ No L 187, 1 . 7. 1989, p. 130.

No L 255/34 Official Journal of the European Communities 1 . 9 . 89

Whereas the aid for colza, rape or sunflower seed — the spot market rate for the currency of the harvested or processed in Spain or Portugal is to be Member State in question in relation to each of advised as provided for in Council Regulation (EEC) No the currencies of the Member States referred to in 478/86 (') ; whereas pursuant to Article 95 (2) and 293 (2) (a), as recorded over a period to be determined ; of the Act of Accession this aid is to be introduced at the beginning of the 1986/87 marketing year for seed Whereas Regulation (EEC) No 1813/84 specifies the spot harvested in these two Member States ; and forward exchange rates and the period to be used for calculating the differential amounts ; whereas in cases where, for one or more months, quotations of forward Whereas, in Article 14 of Council Regulation (EEC) No exchange rates are not available, the rates adopted for the 475/86 of 25 February 1986 laying down general rules for previous months or the following months, as the case may the mechanism for controlling the prides and the quanti­ be, must be used ; ties of certain products in the oils and fats sector released for consumption in Spain (2), as amended by Regulation Whereas the subsidy should be fixed whenever the (EEC) No 1930/88 (3), provision is made for the granting market situation makes it necessary and in such a way as of compensatory aid, subject to certain conditions ; to ensure its being applied at least once a week ; whereas whereas compensatory aid should be fixed for sunflower the subsidy may be altered whenever it becomes obvious seeds harvested in Spain ; that such alteration is necessary ;

Whereas it follows from applying these provisions to the Whereas Council Regulation (EEC) No 1920/87 (4), offers and quotations known to the Commission that, provides for the granting of a special subsidy for pursuant to Article 33 of Regulation (EEC) No 2681 /83 sunflower seed harvested and processed in Portugal ; the amount of the subsidy in ecus and the amount of the whereas the amount of this subsidy should be fixed ; 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 Whereas Article 33 of Regulation (EEC) No 2681 /83 forward exchange rates for the ecu in national currencies provides for the publication of the amount of the final determined in accordance with Article 4 of Regulation subsidy obtained from the conversion into each of the (EEC) No 1813/84 must also be published, national currencies of the amount in ecus resulting from the calculation referred tot above plus or minus the diffe­ rential amount ; whereas Article 1 of Commission Regula­ tion (EEC) No 1813/84 (^ as last amended by Regulation (EEC) No 431 /89 (*), defined the elements which deter­ HAS ADOPTED THIS REGULATION : 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 lation or the subsidy of the coefficient derived from the Article 1 percentage referred to in Article 2 (1 ) of Regulation (EEC) No 1 569/72 ; whereas, according to these provisions, thfis 1 . The amounts of the subsidy and the exchange rates percentage represents : referred to in Article 33 (2) and (3) of Regulation (EEC) No 2681 /83 shall be as set out in the Annex hereto. (a) for those Member States whose currencies are main­ tained as between themselves within a spread at any 2. The amount of the compensatory aid referred to in given moment of 2,25 % , the difference between : Article 14 of Regulation (EEC) No 475/86 shall be as — the conversion rate used under the common shown in Annex III to this Regulation for sunflower seed harvested in Spain. agricultural policy, and

— the conversion rate resulting from the central rate ; 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. (b) for the other Member States, the difference between :

— the relationship between the conversion rate used 4. However, the amount of the subsidy for sunflower under the common agricultural policy for the will be confirmed or replaced as from 1 September 1989 currency of the Member State concerned and the to take account of the consequences of the application of central rate of each of the currencies of the the system of maximum guaranteed quantities. Member States referred to in (a), and

(') OJ No L 53, 1 . 3. 1986, p. 55. Article 2 0 OJ No L 53, 1 . 3. 1986, p. 47. (3) OJ No L 170, 2. 7. 1988, p. 3. (4) OJ No L 183, 3. 7. 1987, p. 18 . 0 OJ No L 170, 29. 6. 1984, p. 41 This Regulation shall enter into force on 1 September (*) OJ No L 50, 22. 2. 1989, p. 7. 1989 .

1 . 9 . 89 Official Journal of the European Communities No L 255/35

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

Done at Brussels, 31 August 1989.

For the Commission Ray MAC SHARRY . Member of the Commission

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 I 5th period

9 10 11 42 1 2

1 . Gross aids (ECU): — Spain 1,170 1,170 1,170 1,170 1,170 1,170 — Portugal 0,000 0,000 0,000 0,000 0,000 0,000 — Other Member States 23,258 23,037 23350 23,628 23,662 23,945

2. Final aids :

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

— Federal Republic of Germany (DM) 55,21 54,69 55,43 56,08 56,17 56,96 — Netherlands (Fl) 6135 60,77 61,59 62,33 62,42 63,27 — BLEU (Bfrs/Lfrs) 1 123,06 1 11239 1 127,50 1 140,92 1 142,56 1 156,23 — France (FF) 176,78 175,04 177,46 179,61 179,84 182,02 — Denmark (Dkr) 207,70 205,72 208,52 211,00 21130 213,83 — Ireland (£Irl) 19,675 19,482 19,751 19,990 20,016 20,256 — United Kingdom (£) 15,502 15,335 15,534 15,694 15,706 15,882 — Italy (Lit) 38 975 38 607 39 117 39 515 39 572 39 813 — Greece (Dr) 3 867,13 3 812,85 3 845,44 3 864,74 3 865,59 3 822,00 (b) Seed harvested in Spain and processed : — in Spain (Pta) 178,89 178,89 178,89 178,89 178,89 178,89 — in another Member State (Pta) 3 335,97 3 303,83 3 340,92 3 374,78 3 38 1,27 3 394,59 (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) 4 705,61 4 662,74 4 662,56 4 693,08 4 69138 4689,12

No L 255/36 Official Journal of the European Communities 1 . 9 . 89

ANNEX II

Aids to colza and rape seed 'double zero'

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

9 10 11 12 1 2

1 . Gross aids (ECU): \

— Spain 3,670 3,670 3,670 3,670 3,670 3,670 — Portugal 2,500 2,500 2,500 2,500 2,500 2,500 — Other Member States 25,758 25,537 25,850 26,128 26,162 26,445 2. Final aids : \

(a) Seed harvested and processed in :

— Federal Republic of Germany (DM) 61,11 60,59 61,33 61,99 62,07 62,86 — Netherlands (Fl) 67,95 67,36 68,19 68,92 69,01 69,86 — BLEU (Bfrs/Lfrs) . 1 243,77 1 233,10 1 248,22 1 261,64 1 263,28 1 276,95 — France (FF) 196,02 194,28 196,70 198,85 199,08 201,27 — Denmark (Dkr) 230,02 228,05 230,84 233,32 233,63 236,16 — Ireland (£Irl) 21,817 21,624 21,893 22,132 22,157 22,398 — United Kingdom (£) 17,256 17,089 17,287 17,448 17,459 17,636 — Italy (Lit) 43 158 42 789 43 299 43 697 43 754 43 995 — Greece (Dr) 4 315,60 4 261,32 4 293,91 4 313,20 4 314,05 4 270,47 (b) Seed harvested in Spain and processed : — in Spain (Pta) 561,13 561,13 561,13 561,13 561,13 561,13 — in another Member State (Pta) 3 718,21 3 686,07 3 723,16 3 757,02 3 763,51 3 776,83

(c) Seed harvested in Portugal and processed : — in Portugal (Esc) 480,01 480,01 480,01 480,01 480,01 480,01 — in another Member State (Esc) 5185,62 5 142,75 5 142,56 5173,09 5 171,38 5 169,12

1 . 9 . 89 Official Journal of the European Communities No L 255/37

ANNEX III

Aids to sunflower seed (amounts per 100 kg) Current 1st period 2nd period 3rd period 4th period '0 io o 110 12 (') 10

1 . Gross aids (ECU) : — Spain 6,890 6,890 6,890 6,890 6,890 — Portugal 0,000 0,000 0,000 0,000 0,000 — Other Member States 20,814 20,945 21,253 21,584 21,915 2. Final aids : IIII I

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

— Federal Republic of Germany (DM) 49,54 49,85 50,57 51,36 52,14 — Netherlands (Fl) 54,90 55,25 56,06 56,94 57,81 — BLEU (Bfrs/Lfrs) 1 005,04 1 011,37 1 026,24 1 042,22 1 058,21 — France (FF) 157,16 158,19 160,56 163,12 165,67 — Denmark (Dkr) 185,87 187,04 189,79 192,75 195,70 — Ireland (£ Irl) 17,492 17,606 17,870 18,155 18,439 — United Kingdom (£) 13,501 13,600 13,784 13,970 14,205 — Italy (Lit) 34 909 35128 35 626 36 090 36 644 — Greece (Dr) 3 320,52 3 333,42 3 355,72 3 374,28 3 434,74 (b) Seed harvested in Spain and processed : — in Spain (Pta) 1 053,45 1 053,45 1 053,45 1 053,45 1 053,45 — in another Member State (Pta) 3 513,16 3 532,21 3 565,89 3 605,31 3 655,65 (c) Seed harvested in Portugal and processed : — in Portugal (Esc) 0,00 0,00 0,00 0,00 0,00 — in Spain (Esc) 6 338,55 6 364,62 6 351,14 6 387,46 6 443,54 — in another Member State (Esc) 6 177,46 6 202,88 6 189,73 6 225,13 6 279,79 3. Compensatory aids : |||||1 — in Spain (Pta) 3 467,28 3 486,34 3 520,02 3 559,44 3 609,78 4. Special aid : \ ll — in Portugal (Esc) 6 177,46 6 202,88 6 189,73 6 225,13 6 279,79

(*) Subject to the consequences of the application of the system of maximum guaranteed quantities. (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 1,0260760

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 ECU 1) Current 1st period 2nd period 3rd period 4th period 5th period 9 10 11 12 1 2 I

DM 2,077040 2,073550 2,070090 2,066750 2,066750 2,059590 Fl 2,342370 2,338740 2,335110 2,331590 2,331590 2,324460 Bfrs/Lfrs 43,410600 43,386000 43,361200 43,333300 43,333300 43,294800 FF 7,003540 7,003710 7,003750 7,003810 7,003810 7,010170 Dkr 8,067060 8,068130 8,069570 8,072300 8,072300 8,087410 £Irl 0,777414 0,777101 0,777558 0,777832 0,777832 0,781437 £ 0,675448 0,677912 0,680442 0,682809 0,682809 0,684375 Lit 1 488,89 1 493,18 1 497,13 1 501,14 1 501,14 1 514,94 Dr 178,64200 180,20600 181,88900 184,00200 184,00200 190,34700 Esc 173,44900 174,04800 174,74500 175,69600 175,69600 178,69300 Pta 129,75500 130,37900 130,97800 131,45100 131,45100 133,10300