31990R0339

No L 37/ 14 9 . 2. 90 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 339/90 of 8 February 1990 fixing the amount of the subsidy on oil seeds

THE COMMISSION OF THE EUROPEAN COMMUNITIES, tries have been fixed by Commission Regulation (EEC) No 2869/87 (») ; Having regard to the Treaty establishing the European Economic Community, Whereas the abatement of the subsidy for colza and rape seed which arises from the system of maximum guaran­ Having regard to the Act of Accession of Spain and teed quantities for the 1989/90 marketing year has been Portugal, fixed by Commission Regulation (EEC) No 2625/89 (,0) ;

Having regard to Council Regulation No 136/66/EEC of Whereas the abatement of the subsidy for sunflower seed 22 September 1966 on the establishment of a common which arises, where appropriate, from the system of organization of the market in oils and fats ('), as last maximum guaranteed quantities for the 1989/90 marke­ amended by Regulation (EEC) No 2902/89 (2), and in ting year, has been fixed by Commission Regulation particular Article 27 (4) thereof, (EEC) No 2957/89 (u) ;

Having regard to Council Regulation (EEC) No Whereas, in the absence of the target price for the 1678/85 (3) fixing the conversion rates to be applied in 1990/91 marketing year for colza and rape seed, the agriculture^ as last amended by Regulation (EEC) No abatement of the subsidy from the system of maximum 286/90 (4), guaranteed quantities, the amount of the subsidy in the case of advance fixing for this period for colza and rape Having regard to Council Regulation (EEC) No 1569/72 seed has been obtainable only provisionally on the basis of 20 July 1972 laying down special measures for colza, of the latest proposals from the Commission to the rape and sunflower seed (*), as last amended by Regulation Council on price and abatement and should be confirmed (EEC) No 2216/88 (*), and in particular Article 2 (3) or replaced when the indicative prices and where appro­ thereof, priate, the effects of the application of the system of maximum guaranted quantities of the 1990/91 marketing Having regard to the opinion of the Monetary Committee, year are known ;

Whereas Article 27 of Regulation No 136/66/EEC Whereas Article 29 of Regulation No 136/66/EEC provides that a subsidy should be granted in respect of oil provides that the world market price, calculated for a seeds harvested and processed within the Community Community frontier crossing point, is to be determined when the target price for a species of seed is higher than on the basis of the most favourable purchasing opportuni­ the price on the world market ; whereas these provisions ties, quotations being adjusted where necessary to take at present apply only in respect of colza, rape and account of quotations for competing products ; sunflower seeds ; Whereas Article 4 of Council Regulation No 115/67/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 (12), as last amended by Regulation (EEC) Whereas the target price and the monthly increases in the No 1983/82 (13), fixed the said crossing point at target price for colza, rape and sunflower seed for the Rotterdam ; whereas Article 1 of that Regulation provides 1989/90 marketing year were fixed by Regulations (EEC) that when the world market price is being determined account should be taken of all offers on the world market No 1228/89 0 and (EEC) No 1 229/89 f); known to the Commission and of quotations on those Whereas a supplement to the target price for 'double zero' exchanges which are significant for international trade ; colza and rape seed was fixed in Regulation (EEC) No whereas Article 2 of Commission Regulation No 225/ 1228/89 ; 67/EEC of 28 June 1967 on detailed rules for determi­ ning the world market price for oil seeds (H), as last amended by Regulation (EEC) No 2869/87, provides that Whereas the standard quality for sunflower seed has been offers and quotations which do not relate to shipments to maintained by the Council for the 1988/89 and 1989/90 be effected within 30 days following the date on which marketing years ; whereas the coefficients of equivalence the world market price is determined should be disre­ applied to the prices of sunflower seed from third coun­ garded ; whereas offers and quotations which the Commission believes, in view of general price movements (') OJ No 172, 30. 9. 1966, p. 3025/66. (2) OJ No L 280, 29. 9. 1989, p. 2. O OJ No L 164, 24. 6. 1985, p. 11 . O OJ No L 273, 26. 9. 1987, p. 16. (4) OJ No L 31 , 2. 2. 1990, p. 10. H OJ No L 254, 31 . 8 . 1989, p. 9. 0 OJ No L 167, 25. 7. 1972, p. 9. (") OJ No L 281 , 30. 9. 1989, p. 91 . («) OJ No L 197, 26. 7. 1988, p. 10 . (12) OJ No 111 , 10. 6. 1967, p. 2196/67. f) OJ No L 128, 11 . 5. 1989, p. 20. O OJ No L 215, 23. 7. 1982, p. 6. (8) OJ No L 128, 11 . 5. 1989, p. 22. O OJ No 136, 30. 6. 1967, p. 2919/67.

9 . 2. 90 Official Journal of the European Communities No L 37/ 15

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

Whereas Council Regulation (EEC) No 1594/83 of 14 Whereas Article 5 of Regulation No 115/67/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 2215/88 (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 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 1966/89 (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 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 the differences between prices for the qualities of seed in mentioned in Article 35 of Regulation (EEC) No 2681 /83 ; question and prices for the qualities listed in that Annex, and of the characteristics of these various seeds ;

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

No L 37/ 16 Official Journal of the European Communities 9 . 2. 90

with Article 38 of Regulation (EEC) No 2681 /83, account central rate of each of the currencies of the being taken of the prices of the main competing cereals ; Member States referred to in (a), and — the spot market rate for the currency of the Member State in question in relation to each of Whereas the aid Jor colza, rape or sunflower seed the currencies of the Member States referred to in harvested or processed in Spain or Portugal is to be (a), as recorded over a period to be determined ; advised as provided for in Council Regulation (EEC) No 478/86 (') ; whereas pursuant to Article 95 (2) and 293 (2) of the Act of Accession this aid is to be introduced at the Whereas Regulation (EEC) No 1813/84 specifies the spot and forward exchange rates and the period to be used for beginning of the 1986/87 marketing year for seed calculating the differential amounts ; whereas in cases harvested in these two Member States ; where, for one or more months, quotations of forward exchange rates are not available, the rates adopted for the previous months or the following months, as the case may Whereas, in Article 14 of Council Regulation (EEC) No be, must be used ; 475/86 of 25 February 1986 laying down general rules for the mechanism for controlling the prices and the quanti­ Whereas the subsidy should be fixed whenever the ties of certain products in the oils and fats sector released market situation makes it necessary and in such a way as for consumption in Spain (2), as amended by Regulation to ensure its being applied at least once a week ; whereas (EEC) No 198/90 (3), provision is made for the granting of the subsidy may be altered whenever it becomes obvious compensatory aid, subject to certain conditions ; whereas that such alteration is necessary ; compensatory aid should be fixed for sunflower seeds harvested in Spain ; Whereas it follows from applying these provisions to the offers and quotations known to the Commission that, Whereas Council Regulation (EEC) No 1920/87 (4), pursuant to Article 33 of Regulation (EEC) No 2681 /83 provides for the granting of a special subsidy for the amount of the subsidy in ecus and the amount of the sunflower seed harvested and processed in Portugal ; subsidy in each of the national currencies must be fixed whereas the amount of this subsidy should 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 ecus resulting from the calculation referred to above plus or minus the diffe­ rential amount ; whereas Article 1 of Commission Regula­ HAS ADOPTED THIS REGULATION : tion (EEC) No 1813/84 0, as last amended by Regulation (EEC) No 431 /89 (*), defined the elements which deter­ mine the differential amounts ; whereas these elements Article 1 are equal to the incidence on the target price less percen­ tage referred to in Article 5, paragraph 1 of the said regu­ 1 . The amounts of the subsidy and the exchange rates lation or the subsidy of the coefficient derived from the referred to in Article 33 (2) and (3) of Regulation (EEC) percentage referred to in Article 2 (1 ) of Regulation (EEC) No 2681 /83 shall be as set out in the Annex hereto. No 1 569/72 ; 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 (a) for those Member States whose currencies are main­ shown in Annex III to this Regulation for sunflower seed tained as between themselves within a spread at any harvested in Spain. given moment of 2,25 % , the difference between : — the conversion rate used under the common 3. The amount of the special subsidy provided for by Regulation (EEC) 1920/87 for sunflower seed agricultural policy, and harvested and processed in Portugal is fixed in Annex III. — the conversion rate resulting from the central rate ; 4. However, the amount of the subsidy in the case of (b) for the other Member States, the difference between : advance fixing for the 1990/91 marketing year for colza and rape will be confirmed or replaced as from 9 — the relationship between the conversion rate used February 1990 to take into account the target price, and under the common agricultural policy for the where appropriate, the effects of the application of the currency of the Member State concerned and the system of maximum guaranteed quantities for colza and rape seed. O OJ No L 53, 1 . 3. 1986, p. 55. o OJ No L 53, 1 . 3. 1986, p. 47. (3) OJ No L 22, 27. 1 . 1990, p. 1 . Article 2 (4) OJ No L 183, 3. 7. 1987, p. 18 . O OJ No L 170, 29 . 6. 1984, p. 41 H OJ No L 50, 22. 2. 1989, p. 7. This Regulation shall enter into force on 9 February 1990.

9 . 2. 90 Official Journal of the European Communities No L 37/ 17

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

Done at Brussels, 8 February 1990. 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

2 3 4 5 6 7 (') \

1 . Gross aids (ECU): ||

— Spain 1,170 1,170 1,170 1,170 1,170 1,770 — Portugal 0,000 0,000 0,000 0,000 0,000 0,000 — Other Member States 25,404 25,482 25,469 25,813 23,047 22,000 2. Final aids : || IlII

((a) Seed harvested and processed in :

— Federal Republic of Germany (DM) 60,25 60,44 60,41 61,27 54,80 52,54 — Netherlands (Fl) 67,01 67,22 67,18 68,10 60,80 58,26 — BLEU (Bfrs/Lfrs) 1 226,68 1 230,45 1 229,82 1 246,43 1 112,87 1 062,31 — France (FF) 193,48 194,05 193,91 196,58 174,86 166,90 — Denmark (Dkr) 226,86 227,56 227,44 230,51 205,81 196,46 — Ireland (£ Irl) 21,534 21,598 21,582 21,879 19,462 18,576 — United Kingdom (£) 16,214 16,248 16,192 16,415 14,114 13,569 — Italy (Lit) 42 489 42 613 42 577 43 168 38 322 37 822 — Greece (Dr) 4 532,72 4 529,98 4 495,31 4 534,72 3919,57 4 280,89 (b) Seed harvested in Spain and processed : — in Spain (Pta) 178,89 178,89 178,89 178,89 178,89 270,63 — in another Member State (Pta) 3 578,40 3 590,64 3 585,57 3 630,82 3 211,03 3 117,89 (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) 5 286,33 5 301,07 5 285,98 5 338,26 4 765,89 4 701,87

0) Subject in the case of advance fixing for the 1990/91 marketing year to the adoption of prices and measures and where appropriate, the effects of the application of the system of maximum guaranteed quantities.

No L 37/ 18 Official Journal of the European Communities 9 . 2. 90

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 \

2 3 4 5 6 7 (') 1 . Gross aids (ECU): I

— Spain 3,670 3,670 3,670 3,670 3,670 4,270 — Portugal 2,500 2,500 2,500 2,500 2,500 2,500 — Other Member States 27,904 27,982 27,969 28,313 25,547 24,500 2. Final aids : \

(a) Seed harvested and processed in : — Federal Republic of Germany \ \ (DM) 66,15 66,34 66,32 67,17 60,71 58,44 — Netherlands (Fl) 73,61 73,81 73,78 74,69 67,40 64,86 — BLEU (Bfrs/Lfrs) 1 347,40 1 351,17 1 350,54 1 367,15 1 233,59 1183,03 — France (FF) 212,72 213,30 213,16 215,82 194,10 186,14 — Denmark (Dkr) 249,18 249,88 249,76 252,84 228,14 218,79 — Ireland (£ Irl) 23,676 23,740 23,724 24,021 21,603 20,717 — United Kingdom (£) 17,974 18,009 1 7,953 18,176 15,875 15,344 — Italy (Lit) 46 739 46 863 46 827 47 418 42 572 42 162 — Greece (Dr) 5 012,66 5 009,92 4 975,24 5 014,66 4 399,50 4 804,67 (b) Seed harvested in Spain and II \ processed : Il\ Il — in Spain (Pta) 561,13 561,13 561,13 561,13 561,13 652,87 — in another Member State (Pta) 3 960,64 3 972,88 3 967,81 4 013,06 3 593,27 3 500,13 (c) Seed harvested in Portugal and \ Il processed : lililili — in Portugal (Esc) 499,40 499,40 499,40 499,40 499,40 512,33 — in another Member State (Esc) 5 785,73 5 800,47 5 785,39 5 837,66 5 265,29 5 214,20

(') Subject in the case of advance fixing for the 1990/91 marketing year to the adoption of prices and measures and where appropriate, the effects of the application of the system of maximum guaranteed quantities.

9 . 2. 90 Official Journal of the European Communities No L 37/ 19

ANNEX III

Aids to sunflower seed (amounts per 100 kg) Current 1st period 2nd period 3rd period 4th period 2 3 4 5 6 \

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 34,924 35,055 35,186 35,237 28,909 2. Final aids : \

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

— Federal Republic of Germany (DM) 82,74 83,05 83,36 83,53 68,74 — Netherlands (Fl) 92,12 92,47 92,82 92,96 76,27 — BLEU (Bfrs/Lfrs) 1 686,37 1 692,70 1 699,02 1 701,49 1 395,93 — France (FF) 266,71 267,69 268,67 269,03 219,34 — Denmark (Dkr) 311,87 313,04 314,21 314,67 258,16 — Ireland (£ Irl) 29,684 : 29,794 29,903 ^ 29,943 24,413 — United Kingdom (£) 22,876 22,948 23,005 22,978 17,713 — Italy (Lit) 58 655 58 869 59 084 59 158 48 074 — Greece (Dr) 6 351,47 6 358,74 6 353,86 6 326,19 4 918,86 (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) 4 335,49 4 355,81 4 372,37 4 372,77 3 412,38 (c) Seed harvested in Portugal and processed : — in Portugal (Esc) 0,00 0,00 0,00 0,00 0,00 — in Spain (Esc) 7 797,64 7 823,58 7 838,11 7 829,28 6 490,57 — in another Member State (Esc) 7 627,21 7 652,58 7 666,79 7 658,16 6 348,71 3. Compensatory aids : l — in Spain (Pta) 4 302,73 4 323,05 4 339,61 4 340,83 3 380,44 4. Special aid : \ \ — in Portugal (Esc) 7 627,21 7 652,58 7 6 66,79 7 658,16 6 348,71

(]) 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 1,0223450.

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 2 3 4 5 6 7

DM 2,039400 2,035060 2,030620 2,026300 2,026300 2,014350 Fl 2,299710 2,296050 2,291860 2,287900 2,287900 2,275520 Bfrs/Lfrs 42,642500 42,627100 42,610499 42,590700 42,590700 42,540400 FF 6,930320 6,929550 6,928850 6,929650 6,929650 6,930330 Dkr 7,885360 7,893250 7,902010 7,908260 7,908260 7,921150 £Irl 0,769233 0,769231 0,769501 0,769588 0,769588 0,771846 £ 0,721047 0,723353 0,725797 0,728146 0,728146 0,734389 Lit 1 514,91 1 517,56 1 520,06 1 521,99 1 521,99 1 529,04 Dr 191,49400 193,43900 195,26000 197,38900 197,38900 204# 1600 Esc 179,74700 180,46200 181,37800 182,50200 182,50200 185,90400 Pta 131,84500 132,25100 132,72000 133,15900 133,15900 134,43900