31989R2944

30 . 9 . 89 Official Journal of the European Communities No L 281 /59

COMMISSION REGULATION (EEC) No 2944/89 of 29 September 1989 fixing the amount of the subsidy on oil seeds

THE COMMISSION OF THE EUROPEAN COMMUNITIES, applied to the prices of sunflower seed from third coun­ tries have been fixed by Commission Regulation (EEC) Having regard to the Treaty establishing the European No 2869/87 0 ; Economic Community,

Whereas the abatement of the subsidy for colza and tape Having regard to the Act of Accession of Spain and seed which arises from the system of maximum guaran­ Portugal, teed quantities for the 1989/90 marketing year has been fixed by Commission Regulation (EEC) No 2625/89 (10) ; Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats ('), as last Whereas the abatement of the subsidy for sunflower seed amended by Regulation (EEC) No 1225/89 0, and in which arises, where appropriate, from the system of particular Article 27 (4) thereof, maximum guaranteed quantities for the 1989/90 marke­ ting year, has been fixed by Commission Regulation Having regard to Council Regulation (EEC) No (EEC) No 2957/89 (") ; whereas the amount of the subsidy 1678/85 (3) fixing the conversion rates to be applied in for the 1989/90 marketing year has been provisionally agriculture, as last amended by Regulation (EEC) No calculated on the basis of an abatement of ECU 11,55 per 2639/89 (4), 100 kilograms ;

Having regard to Council Regulation (EEC) No 1569/72 of 20 July 1972 laying down special measures for colza, Whereas Article 29 of Regulation No 136/66/EEC rape and sunflower seed (*), as last amended by Regulation provides that the world market price, calculated for a (EEC) No 2216/88 (*), and in particular Article 2 (3) Community frontier crossing point, is to be determined 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 136/66/EEC Whereas Article 4 of Council Regulation No 1 1 5/67/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 (12), as last amended by Regulation (EEC) the price on the world market ; whereas these provisions No 1983/82 (13), 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 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 (H), as last 1989/90 marketing year were fixed by Regulations (EEC) amended by Regulation (EEC) No 2869/87, provides that No 1228/89 O 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 maintained by the Council for the 1988/89 and 1989/90 whereas offers and quotations relating to quantities of less than 500 tonnes and offers relating to seed of a quality marketing years ; whereas the coefficients of equivalence other than that normally acceptable on the world market must also be disregarded ; (l) OJ No 172, 30. 9. 1966, p. 3025/66. 0 OJ No L 128, 11 . 5. 1989, p. 15. (3) OJ No L 164, 24. 6. 1985, p. 11 . O OJ No L 273, 26. 9. 1987, p. 16. {*) OJ No L 255, 1 . 9 . 1989, p. 14. (l0) OJ No L 254, 31 . 8 . 1989, p. 9. (*) OJ No L 167, 25. 7. 1972, p. 9. (") See page 91 of this Official Journal. (s) OJ No L 197, 26. 7. 1988, p. 10. (u) OJ No 111 , 10. 6. 1967, p. 2196/67. O OJ No L 128, 11 . 5. 1989, p. 20. (13) OJ No L 215, 23 . 7. 1982, p. 6. (•) OJ No L 128, 11 . 5. 1989, p. 22. (u) OJ No 136, 30. 6. 1967, p. 2919/67.

No L 281 /60 Official Journal of the European Communities 30 . 9 . 89

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 ahd 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 0,242 ECU ; 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 (l), as last amended by Regulation (EEC) No 2215/88 (2), 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 (3), 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 1 1 5/67/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 for 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 115/67/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 (J) OJ No L 197, 26. 7. 1988, p. 9. oil cake processed from such seed, the world market price (3) 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.

30 . 9 . 89 Official Journal of the European Communities No L 281 /61

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 — the spot market rate for the currency of the 478/86 (*) ; whereas pursuant to Article 95 (2) and 293 (2) 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 1930/88 (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 1920/87 (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 Whereas Article 33 of Regulation (EEC) No 2681 /83 in accordance with the Annex to this Regulation ; provides for the publication of the amount of the final whereas, pursuant to the same Article, the spot and subsidy obtained from the conversion into each of the forward exchange rates for the ecu in national currencies national currencies of the amount in ecus resulting from determined in accordance with Article 4 of Regulation the calculation referred to above plus or minus the diffe­ (EEC) No 1813/84 must also be published, rential amount ; whereas Article 1 of Commission Regula­ tion (EEC) No 1813/84 Q, as last amended by Regulation (EEC) No 431 /89 (*), 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. — the conversion rate used under the common agricultural policy, and 2. The amount of the compensatory aid referred to in Article 14 of Regulation (EEC) No 475/86 shall be as — the conversion rate resulting from the central rate ; shown in Annex III to this Regulation for sunflower seed harvested in Spain. (b) for the other Member States, the difference between : 3. The amount of the special subsidy provided — the relationship between the conversion rate used for by Regulation (EEC) 1920/87 for sunflower seed under the common agricultural policy for the harvested and processed in Portugal is fixed in Annex III. currency of the Member State concerned and the

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

No L 281 /62 Official Journal of the European Communities 30 . 9 . 89

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

Done at Brussels, 29 September 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 5th period \

10 11 12 1 2 3

1 . Gross aids (ECU): \ I \

— 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 22,170 22^96 22,474 22,593 22^00 23,189 2. Final aids : \ \ l \

(a) Seed harvested and processed in : I \

— Federal Republic of Germany (DM) 52,66 53,19 5338 53,69 54,41 55,28 — Netherlands (Fl) 58,48 59,08 59,28 59,63 60,44 61,44 — BLEU (Bfrs/Lfrs) 1 070,52 1 081,43 1 085,20 1 090,95 1 105,77 1 120,42 — France (FF) 168,23 169,97 170,54 171,44 173,82 176,05 — Denmark (Dkr) 197,98 200,00 200,69 201,76 204,50 207,08 — Ireland (£ Irl) 18,724 18,917 18,981 19,081 19,345 19,594 — United Kingdom (£) 14,679 14,837 14,872 14,916 15,135 15,247 — Italy (Lit) 37188 37 566 37 698 37 859 38 373 38 698 — Greece (Dr) 3 621,74 3 645,81 3 623,91 3 607,63 3 664,50 3635,51 (b) Seed harvested in Spain and processed : I 1

— in Spain (Pta) 178,89 178,89 178,89 178,89 178,89 178,89 — in another Member State (Pta) 3 177»74 3 212,41 3 218,64 3 228,94 3 275,45 3 297,08 (c) Seed harvested in Portugal and processed : I I

— in Portugal (Esc) 0,00 0,00 0,00 0,00 0,00 0,00 — in another Member State (Esc) 4 494,56 4 484,47 ; 4 487,75 4 487,37 4 539,02 4 537,31

30 . 9 . 89 Official Journal of the European Communities No L 281 /63

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 10 11 12 1 2 3

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 24,670 24,896 24,974 25,093 25,400 25,689 2. Final aids : l

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

— Federal Republic of Germany l (DM) 58,56 59,10 59,28 59,59 60,31 61,18 — Netherlands (Fl) 65,08 65,67 65,88 66,23 67,04 68,03 — BLEU (Bfrs/Lfrs) 1 191,24 1 202,15 1 205,92 1 211,66 1 226,49 1 241,14 — France (FF) 187,48 189,21 189,79 190,69 193,06 195,29 — Denmark (Dkr) 220,30 22232 223,02 224,08 226,82 229,40 — Ireland (£ Irl) 20,866 21,059 21,123 21,223 21,487 21,736 — United Kingdom (£) 16,433 16,590 16,626 16,669 16,889 17,000 — Italy (Lit) 41 371 41 749 41 880 42 042 42 555 42 881 — Greece (Dr) 4 070,20 4 094,27 4 07238 4 056,09 4112^7 4 083,98 (b) Seed harvested in Spain and Illi Il processed : Il \\ — in Spain (Pta) 561,13 561,13 561,13 561,13 561,13 561,13 — in another Member State (Pta) 3 559,98 3 594,65 3 600,88 3 611,18 3 657,69 3 679,32 (c) Seed harvested in Portugal and IlII II processed : Il — in Portugal (Esc) 480,01 480,01 480,01 480,01 480,01 480,01 — in another Member State (Esc) 4 974,56 4 964,48 4 967,75 4 967,37 5019,02 5 017,32

No L 281 /64 Official Journal of the European Communities 30 . 9 . 89

ANNEX III

Aids to sunflower seed (amounts per 100 kg) Current 1st period 2nd period 3rd period 4th period l

10 11 12 1 2 l

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 29,500 29,793 29,924 30,196 31,050 2. Final aids : II

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

— Federal Republic of Germany (DM) 70,01 70,01 71,02 71,69 73,69 — Netherlands (Fl) 77,82 78,59 78,94 79,69 81,94 — BLEU (Bfrs/Lfrs) 1 424,46 1 438,61 1 444,94 1 458,07 1 49931 — France (FF) 224,30 226,55 227,54 229,63 236,29 — Denmark (Dkr) 263,44 266,05 267,22 269,65 277,28 — Ireland (£ Irl) 24,964 25,215 25,325 25,557 26,299 — United Kingdom (£) 19,691 19,896 19,968 20,120 20,752 — Italy (Lit) 49 466 49 956 50 176 50 588 52 014 — Greece (Dr) 4 883,66 4 917,84 4 900,95 4 910,08 5 078,95 (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) 3 620,20 ' 3 664,96 3 678,00 3 709,43 3 836,32 (c) Seed harvested in Portugal and processed : — in Portugal (Esc) 0,00 0,00 0,00 0,00 0,00 — in Spain (Esc) 6 485,04 6477,48 6 489,20 6 515,69 6 676,52 — in another Member State (Esc) 6 320,24 6 312,87 6 324,29 6 350,1 1 6 506,84 3. Compensatory aids : II\ I L — in Spain (Pta) 3 574,32 3 619,09 3 632,13 3 663,07 3 789,97 4. Special aid : \ I Il — in Portugal (Esc) 6 320,24 6 312,87 6 324,29 6 350,11 6 506,84

(') For seed harvested m 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 10 1 1 12 1 2 3

DM 2,073350 2,069410 2,065180 2,061740 2,061740 2,051540 Fl 2,337500 2,332970 2,330850 2,323840 2,323840 2,310970 Bfrs/ Lfrs 43,445000 43,402500 43,354500 43,320300 43,320300 43,188700 FF 7,013070 7,010270 7,006370 7,004500 7,004500 6,996950 Dkr 8,060230 8,058850 8,056660 8,057050 8,057050 8,063030 £Irl 0,778082 0,777414 0,777345 0,777195 0,777195 0,778471 £ 0,675663 0,677670 0,679674 0^81635 0,681635 0,687283 Lit ; 1 495,78 - 1 499,03 1 502,13 1 505,39 1 50539 1 514,23 Dr 180,21000 182,13600 184,15200 186,30700 186,30700 191,47400 Esc 174,14400 174,64800 175,23700 176,11600 176,11600 178,96900 Pta 129,86300 130,38000 130,87400 131,32900 131,32900 132,49200