31990R1390

24. 5 . 90 Official Journal of the European Communities No L 133/43

COMMISSION REGULATION (EEC) No 1390/90 of 23 May 1990 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 No Economic Community, 225/67/EEC ("), as last amended by Regulation (EEC) No 2869/87 (> 2) ; Having regard to the Act of Accession of Spain and Portugal, Having regard to Council Regulation No 136/66/EEC of Whereas the abatement of the subsidy for colza and rape 22 September 1966 on the establishment of a common seed which arises from the system of maximum guaran­ organization of the market in oils and fats ('), as last teed quantities for the 1989/90 marketing year has been amended by Regulation (EEC) No 2902/89 (2), and in fixed by Commission Regulation (EEC) No 2625/89 (l3) ; particular Article 27 (4) thereof,

Having regard to Council Regulation (EEC) No Whereas the abatement of the subsidy for sunflower seed 1678/85 (3) fixing the conversion rates to be applied in which arises, where appropriate, from the system of agriculture, as last amended by Regulation (EEC) No maximum guaranteed quantities for the 1989/90 marke­ 1179/90 (4), ting year, has been fixed by Commission Regulation Having regard to Council Regulation (EEC) No 1569/72 (EEC) No 2957/89 (14V ; of 20 July 1972 laying down special measures for colza, rape and sunflower seed (*), as last amended by Regulation (EEC) No 2216/88 (6), and in particular Article 2 (3) Whereas the abatement of the subsidy which arises, where thereof, appropriate, from the ystem of maximum guaranteed quantities for the 1990/91 marketing year, has not yet Having regard to the opinion of the Monetary Committee, been fixed ; whereas the amount of the subsidy for the Whereas Article 27 of Regulation No 136/66/EEC 1990/91 marketing year has been calculated provisionally provides that a subsidy should be granted in respect of oil on the basis of the abatement for the 1989/90 marketing seeds harvested and processed within the Community year ; when the target price for a species of seed is higher than the price on the world market ; whereas these provisions at present apply only in respect of colza, rape and Whereas Article 29 of Regulation No 136/66/EEC sunflower seeds ; provides that the world market price, calculated for a Community frontier crossing point, is to be determined Whereas the subsidy on oil seeds should, theoretically, be on the basis of the most favourable purchasing opportuni­ equal to the difference between those two prices ; ties, quotations being adjusted where necessary to take Whereas the target price and the monthly increases in the account of quotations for competing products ; target price for colza, rape and sunflower seed for the 1989/90 marketing year were fixed by Council Regula­ tions (EEC) No 1228/89 0 and (EEC) No 1229/89 (8) ; Whereas Article 4 of Council Regulation No 115/67/EEC of 6 June 1967 laying down criteria for determining Whereas the target price and the monthly increases in the world market prices for oil seeds and fixing the frontier target price for colza, rape and sunflower seed for the crossing point (15), as last amended by Regulation (EEC) 1990/91 marketing year were fixed by Council Regula­ No 1983/82 (16), fixed the said crossing point at tions (EEC) No 1317/90 (9) and (EEC) No 1318/90 (10); Rotterdam ; whereas Article 1 of that Regulation provides Whereas a supplement to the target price for 'double zero' that when the world market price is being determined account should be taken of all offers on the world market colza and rape seed was fixed in Regulation (EEC) No 1228/89 for the 1989/90 marketing year and by Regula­ known to the Commission and of quotations on those tion (EEC) No 1317/90 for the 1990/91 marketing year ; exchanges which are significant for international trade ; whereas Article 2 of Regulation No 225/67/EEC provides Whereas the standard quality for sunflower seed has been that offers and quotations which do not relate to ship­ maintained by the Council for the 1989/90 and 1990/91 ments to be effected within 30 days following the date on which the world market price is determined should be (') OJ No 172, 30. 9. 1966, p. 3025/66. disregarded ; whereas offers and quotations which the 0 OJ No L 280, 29. 9. 1989, p. 2. Commission believes, in view of general price movements 0 OJ No L 164, 24. 6. 1985, p. 11 . 0 OJ No L 119, 11 . 5. 1990, p. 1 . (j OJ No L 167, 25. 7. 1972, p. 9. (") OJ No L 136, 30 . 6. 1967, p. 2919/67. Is) OJ No L 197, 26. 7. 1988, p. 10. (,a) OJ No L 273, 26. 9. 1987, p. 16. 0 OJ No L 128 , 11 . 5. 1989, p. 20. (13) OJ No L 254, 31 . 8 . 1989, p. 9 . (s) OJ No L 128, 11 . 5. 1989, p. 22. ('♦) OJ No L 281 , 30. 9. 1989, p. 91 . (») OJ No L 132, 23 . 5. 1990, p. 9. (IS) OJ No L 111 , 10. 6. 1967, p. 2196/67. (,0) OJ No L 132, 23 . 5. 1990, p. 11 . H OJ No L 215, 23 . 7. 1982, p. 6.

No L 133/44 Official Journal of the European Communities 24. 5 . 90

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 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 1321 /90 (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 534/90 (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 2 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. (2) OJ No L 132, 23. 5. 1 990, p. 15. Whereas Article 3 of Regulation No 115/67/EEC provides (3) OJ No L 266, 28 . 9. 1983, p. 1 . that, where no offer or quotation can be used as a basis (4) OJ No L 55, 2. 3. 1990, p. 8 .

24. 5 . 90 Official Journal of the European Communities No L 133/45

central rate of each of the currencies of the with Article 38 of Regulation (EEC) No 2681 /83, account 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 for 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) Whereas Regulation (EEC) No 1813/84 specifies the spot of the Act of Accession this aid is to be introduced at the 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 last amended by Regula­ to ensure its being applied at least once a week ;l whereas tion (EEC) No 387/90 (3), provision is made for the gran­ the subsidy may be altered whenever it becomes obvious ting of compensatory aid, subject to certain conditions ; that such alteration is necessary ; whereas 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 (*), 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 lation or the subsidy of the coefficient derived from the 1 . The amounts of the subsidy and the exchange rates percentage referred to in Article 2 (1) of Regulation (EEC) referred to in Article 33 (2) and (3) of Regulation (EEC) No 1 569(72 ; whereas, according to these provisions, this No 2681 /83 shall be as set out in the Annex hereto . percentage represents : 2. The amount of the compensatory aid referred to in (a) for those Member States whose currencies are main­ Article 14 of Regulation (EEC) No 475/86 shall be as tained as between themselves within a spread at any shown in Annex III to this Regulation for sunflower seed given moment of 2,25 % , the difference between : harvested in Spain.

— the conversion rate used under the common 3. The amount of the special subsidy provided agricultural policy, and for by Regulation (EEC) 1920/87 for sunflower seed — the conversion rate resulting from the central rate ; harvested and processed in Portugal is fixed in Annex III.

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 — the relationship between the conversion rate used and rape will be confirmed or replaced as from 24 May under the common agricultural policy for the 1990 to take into account the application of the system of currency of the Member State concerned and the maximum guaranteed quantities for colza and rape seed for the 1990/91 marketing year.

(') OJ No L 53 , 1 . 3 . 1986, p. 55 . (J) OJ No L 53, 1 . 3. 1986, p. 47. (3) OJ No L 42, 16. 2. 1990, p. 8 . Article 2 (*) OJ No L 183, 3 . 7. 1987, p . 18 . 0 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 24 May 1990.

No L 133 /46 Official Journal of the European Communities 24. 5. 90

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

Done at Brussels, 23 May 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 I

5 6 7 (') 8 (') 9 0 io o \

1 . Gross aids (ECU): l l

— Spain 1,170 1,170 1,750 1,750 1,750 1,750 — Portugal 0,000 0,000 0,000 0,000 0,000 0,000 — Other Member States 27,366 26,987 19,920 19,920 19,920 19,920 2. Final aids : (a) Seed harvested and processed in : — Federal Republic of Germany \ (DM) 64,86 63,97 46,64 46,66 46,66 46,85 — Netherlands (Fl) 72,19 71,19 52,55 52,55 52,55 52,76 — BLEU (Bfrs/Lfrs) 1 321,42 1 303,12 961,88 961,88 961,88 961,88 — France (FF) 208,77 205,79 156,41 156,41 156,41 156,41 — Denmark (Dkr) 244,38 241,00 177,89 177,89 177,89 177,89 — Ireland (£ Irl) 23,236 22,905 17,408 17,408 17,408 17,405 — United Kingdom (£) 17,611 17,293 14,412 14,365 14,365 14,230 45 888 45 224 34 893 34 893 34 893 34 820 — Italy (Lit) — Greece (Dr) 4 779,47 4 667,12 3 986,52 3 932,33 3 932,33 3 787,84 (b) Seed harvested in Spain and \\Il \\ processed : \\ \\ — in Spain (Pta) 178,89 178,89 267,57 267,57 267,57 267,57 — in another Member State (Pta) 3 922,86 3 867,04 2 912,29 2 903,26 2 903,26 2 877,36 (c) Seed harvested in Portugal and \ processed : l — in Portugal (Esc) 0,00 0,00 0,00 0,00 0,00 0,00 — in another Member State (Esc) 5 659,96 5 581,54 4 41 1,95 4 391,17 4 391,17 4 333,37

0) Subject to the abatement resulting from the system of maximum guaranteed quantities for the 1990/91 marketing year.

24. 5. 90 Official Journal of the European Communities No L 133/47

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 5 6 7 0 8 0 9 0 10 0 \

1 . Gross aids (ECU) : \

— Spain 3,670 3,670 4,250 4,250 4,250 4,250 — Portugal 2,500 2,500 2,500 2,500 2,500 2,500 — Other Member States 29,866 29,487 22,420 22,420 22,420 22,420 2. Final aids : \

I (a) Seed harvested and processed in : I

— Federal Republic of Germany \ \ (DM) 70,76 69,87 52,49 52,51 52,51 52,70 — Netherlands (Fl) 78,78 77,78 59,14 59,14 59,14 59,35 — BLEU (Bfrs/Lfrs) 1 442,14 1 423,84 1 082,59 1 082,59 1 082,59 1 082,59 — France (FF) 228,01 225,04 176,04 176,04 176,04 176,04 — Denmark (Dkr) 266,71 263,32 200,21 200,21 200,21 200,21 — Ireland (£ Irl) 25,378 25,047 19,593 19,593 19,593 19,590 — United Kingdom (£) 19,372 19,054 16,361 16,314 16,314 16,179 — Italy (Lit) 50 138 49 474 39 272 39 272 39 272 39 199 — Greece (Dr) 5 259,41 5 147,05 4 529,88 4 475,69 4 475,69 4 331,19 (b) Seed harvested in Spain and llI \\\ processed : \l — in Spain (Pta) 561,13 561,13 649,81 649,81 649,81 649,81 — in another Member State (Pta) 4 305,10 4 249,28 3 294,53 3 285,50 3 285,50 3 259,60 (c) Seed harvested in Portugal and ll processed : ll — in Portugal (Esc) 499,40 499,40 517,26 517,26 517,26 517,26 — in another Member State (Esc) 6 159,36 6 080,95 4 929,20 4 908,42 4 908,42 4 850,62

(') Subject to the abatement resulting from the system of maximum guaranteed quantities for the 1990/91 marketing year.

No L 133/48 Official Journal of the European Communities 24 . 5 . 90

ANNEX III

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

5 6 7 8 (') 9 (') \

1 . Gross aids (ECU): — Spain 6,890 6,890 6,890 8,600 8,600 — Portugal 0,000 0,000 0,000 0,000 0,000 — Other Member States 36,501 36,301 36,101 26,900 26,900 2. Final aids : (a) Seed harvested and processed in (2) :

— Federal Republic of Germany (DM) 86,45 85,98 85,51 63,01 63,01 — Netherlands (Fl) 96,28 95,76 95,23 70,96 70,96 — BLEU (Bfrs/Lfrs) 1 762,52 1 752,86 1 743,21 1 298,92 1 298,92 —France (FF) 278,96 277,39 275,82 211,21 211,21 — Denmark (Dkr) 325,96 324,17 322,38 240,22 240,22 — Ireland (£ Irl) 31,048 30,873 30,698 23,508 23,508 — United Kingdom (£) 23,927 23,759 23,569 19,632 - 19,632 — Italy (Lit) 61 372 61 022 60 672 47 120 47 120 — Greece (Dr) 6 499,53 6 427,09 6 337,37 5 390,00 5 390,00 (b) Seed harvested in Spain and processed : — in Spain (Pta) 1 053,45 1 053,45 1 053,45 1 314,91 1 314,91 — in another Member State (Pta) 4 627,53 4 598,07 4 565,10 3 461,29 3 461,29 (c) Seed harvested in Portugal and processed : — in Portugal (Esc) 0,00 0,00 0,00 0,00 0,00 — in Spain (Esc) 8 097,05 8 054,74 8 000,99 6 430,28 6 430,28 — in another Member State (Esc) 7 920,07 7 878,69 7 826,11 6 289,73 6 289,73 3. Compensatory aids : \

— in Spain (Pta) 4 598,87 4 569,41 4 536,43 3 432,63 3 432,63 4. Special aid : \\\ — in Portugal (Esc) 7920,07 7 878,69 7 826,1 1 6 289,73 6 289,73

(') Subject to the abatement resulting from the system of maximum guaranteed quantities for the 1990/91 marketing year. (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 1,0223450 .

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 5 6 7 8 9 10

DM 2,048040 2,043880 2,040050 2,036500 2,036500 2,027250 Fl 2,301960 2,297880 2,294020 2,290350 2,290350 2,280050 Bfrs/Lfrs 42,323200 42,306400 42,282900 42,265200 42,265200 42,170600 FF 6,903140 6,898650 6,894230 6,890880 6,890880 6,880020 Dkr 7,818820 7,819890 7,822090 7,822340 7,822340 7,821200 £Irl 0,764033 0,764051 0,764603 0,764961 0,764961 0,767990 £ 0,733704 0,736512 0,739123 0,741615 0,741615 0,748699 Lit 1 505,62 1 508,13 1 510,26 1 511,80 1 511,80 1 516,67 Dr 201,71200 204,79300 208,14400 210,94400 210,94400 218,41100 Esc 181,13 500 181,90100 182,81700 183,84100 183,84100 186,68900 Pta 127,79300 128,22300 128,63600 129,05200 129,05200 130,24400