31990R1823

30 . 6 . 90 Official Journal of the European Communities No L 167/63

COMMISSION REGULATION (EEC) No 1823/90 of 29 June 1990 fixing the amount of the subsidy on oil seeds

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 1228/89 for the 1989/90 marketing year and by Regula­ tion (EEC) No 1317/90 for the 1990/91 marketing year ; Having regard to the Treaty establishing the European Economic Community, Whereas the standard quality for sunflower seed has been maintained by the Council for the 1989/90 and 1990/91 Having regard to the Act of Accession of Spain and marketing years ; whereas the coefficients of equivalence Portugal, applied to the prices of sunflower seed from third coun­ tries have been fixed by Commission Regulation No Having regard to Council Regulation No 136/66/EEC of 225/67/EEC (u), as last amended by Regulation (EEC) No 22 September 1966 on the establishment of a common 2869/87 (,2); organization of the market in oils and fats ('), as last amended by Regulation (EEC) No 2902/89 (2), and in Whereas the target prices and the intervention prices particular Article 27 (4) thereof, fixed by the Council are to be reduced in accordance with Commission Regulation (EEC) No 1756/90 of 27 June Having regard to Council Regulation (EEC) No 1990 establishing the target and intervention prices for 1678/85 (3) fixing the conversion rates to be applied in colza, rape and sunflower seed and the guide and agriculture, as last amended by Regulation (EEC) No minimum prices for soya beans, fixed in ecus by the 1775/90 (4), Council and reduced as a result of the monetary realign­ ment of 5 January 1990 (13) ; Having regard to Council Regulation (EEC) No 1569/72 of 20 July 1972 laying down special measures for colza, Whereas the abatement of the subsidy for sunflower seed rape and sunflower seed (*), as last amended by Regulation which arises, where appropriate, from the system of (EEC) No 2216/88 (6), and in particular Article 2 (3) thereof, maximum guaranteed quantities for the 1989/90 marke­ ting year, has been fixed by Commission Regulation (EEC) No 2957/89 (14) ; Having regard to the opinion of the Monetary Committee,

Whereas Article 27 of Regulation No 136/66/EEC Whereas the abatement of the subsidy for colza, rape and provides that a subsidy should be granted in respect of oil sunflower seed which arises, where appropriate, from the seeds harvested and processed within the Community system of maximum guaranteed quantities for the when the target price for a species of seed is higher than 1990/91 marketing year, has not yet been fixed ; whereas the price on the world market ; whereas these provisions the amount of the subsidy for the 1990/91 marketing year at present apply only in respect of colza, rape and has been calculated provisionally on the basis of the sunflower seeds ; abatement for the 1989/90 marketing year ;

Whereas the subsidy on oil seeds should, theoretically, be Whereas Article 29 of Regulation No 136/66/EEC equal to the difference between those two prices ; provides that the world market price, calculated for a Community frontier crossing point, is to be determined Whereas the target price and the monthly increases in the on the basis of the most favourable purchasing opportuni­ target price for sunflower seed for the 1989/90 marketing ties, quotations being adjusted where necessary to take year were fixed by Council Regulations (EEC) No account of quotations for competing products ; 1228/89 Q and (EEC) No 1229/89 (8) ; Whereas Article 4 of Council Regulation No 115/67/EEC Whereas the target price and the monthly increases in the of 6 June 1967 laying down criteria for determining target price for colza, rape and sunflower seed for the world market prices for oil seeds and fixing the frontier 1990/91 marketing year were fixed by Council Regula­ crossing point (15), as last amended by Regulation (EEC) tions (EEC) No 1317/90 (') and (EEC) No 1318/90 (I0) ; No 1983/82 (16), fixed the said crossing point at 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 colza and rape seed was fixed in Regulation (EEC) No account should be taken of all offers on the world market known to the Commission and of quotations on those (") OJ No 172, 30. 9 . 1966, p. 3025/66. exchanges which are significant for international trade ; (2) OJ No L 280, 29. 9. 1989, p. 2. whereas Article 2 of Regulation No 225/67/EEC provides O OJ No L 164, 24. 6. 1985, p. 11 . (4) OJ No L 163, 29. 6. 1990, p. 9. O OJ No L 167, 25. 7. 1972, p. 9. (") OJ No 136, 30. 6. 1967, p. 2919/67. («) OJ No L 197, 26. 7. 1988, p. 10. (>2) OJ No L 273, 26. 9. 1987, p. 16. 0 OJ No L 128, 11 . 5. 1989, p. 20. H OJ No L 162, 28 . 6. 1990, p. 19. (8) OJ No L 128, 11 . 5. 1989, p. 22. H OJ No L 281 , 30 . 9. 1989, p. 91 . O OJ No L 132, 23. 5. 1990, p. 9. H OJ No 111 , 10. 6. 1967, p. 2196/67. (10) OJ No L 132, 23 . 5. 1990, p. 11 . H OJ No L 215, 23 . 7. 1982, p. 6.

No L 167/64 Official Journal of the European Communities 30 . 6. 90

that offers and quotations which do not relate to ship­ Whereas Article 3 of Regulation No 115/67/EEC provides ments to be effected within 30 days following the date on that, where no offer or quotation can be used as a basis which the world market price is determined should be for determining the world market price and where it is, disregarded ; whereas offers and quotations which the moreover, impossible to establish the value of the oil or Commission believes, in view of general price movements oil cake processed from such seed, the world market price or information available to it, not to be representative of should be determined on the basis of the most recent the real trend of the market must also be disregarded ; known value for oil or oil cake, adjusted to take account whereas offers and quotations relating to quantities of less of the trend of world prices for competing products by than 500 tonnes and offers relating to seed of a quality applying to that value the rules set out in Article 2 of other than that normally acceptable on the world market Regulation No 115/67/EEC ; whereas Article 7 of Regula­ must also be disregarded ; tion No 225/67/EEC defines competing products as those oils or oil cakes, as the case may be, which appear to have been offered in the largest quantities on the world market Whereas Article 3 of Regulation No 225/67/EEC provides during the period under consideration ; that of the offers and quotations taken into consideration, those for delivery c and f should be increased by 0,2 % ; whereas offers and quotations for delivery fas, fob or otherwise should be increased, as appropriate, by loading, Whereas, under Article 6 of Regulation No 1 1 5/67/EEC, transport and insurance costs from the point of shipment the price determined for colza, rape and sunflower seeds or loading to the frontier crossing point ; whereas cif must also be adjusted by an amount not exceeding the offers and quotations for frontier crossing points other margin, as calculated in accordance with that Article, than Rotterdam should be adjusted to allow for the diffe­ where that margin may affect the normal disposal of seeds rence in transport and insurance costs as compared with a harvested in the Community ; 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 Council Regulation (EEC) No 1594/83 of 14 lowest ; whereas, finally, offers and quotations for delivery June 1983 on the subsidy for oil seeds (l), as last amended cif Rotterdam should be increased by ECU 0,242 ; by Regulation (EEC) No ' 1321 /90 (2), laid down rules for granting the subsidy on oil seeds ; whereas, under that Whereas Article 5 of Regulation No 1 1 5/67/EEC provides Regulation, where the subsidy to be granted is fixed in that the world market price should be determined for advance, the amount of such subsidy must be equal to the seed of the standard quality for which the target price has amount applicable on the day on which the application been fixed, delivered in bulk ; for advance fixing was lodged, adjusted by the difference between the target price valid on that day and the target price valid on the day on which the seeds are placed Whereas Article 3 of Regulation No 225/67/EEC provides under control at an oil or feed mill and, where appro­ that offers and quotations relating to products presented priate, a corrective amount ; whereas Article 35 of otherwise than in bulk should be adjusted by deducting Commission Regulation (EEC) No 2681 /83 of 21 the additional value resulting from that presentation ; September 1983 laying down detailed rules for the appli­ whereas offers and quotations relating to a quality other cation of the subsidy system for oil seeds (3), as last than the standard quality for which the target price was amended by Regulation (EEC) No 1685/90 (4), provides fixed should be adjusted on the basis of the coefficients of that such adjustment should involve increasing or redu­ equivalence shown in the Annex to that Regulation ; cing the amount of subsidy applicable on the day on whereas, in the case of offers on the world market for which the application was lodged by the corrective qualities of colza and rape seed other than those listed in amount and the difference between the target prices that Annex, coefficients of equivalence derived from those mentioned in Article 35 of Regulation (EEC) No listed in that Annex may, pursuant to Article 4 of Regula­ 2681 /83 : tion No 225/67/EEC, be applied ; whereas, when derived coefficients are being calculated, account must be taken of the differences between prices for the qualities of seed in question and prices for die qualities listed in that Annex, Whereas Article 37 of Regulation (EEC) No 2681 /83 and of the characteristics of these various seeds ; provides that the corrective amount must be equal to the difference between the world market price for colza, rape and sunflower seeds and the forward price for those seeds Whereas Article 2 of Regulation No 115/67/EEC provides valid for a shipment effected during the month in which that, where no offer or quotation can be Used as a basis the seeds were placed under control at an oil mill, those for determining the world market price, that price should prices being determined in accordance with Articles 1 , 4 be determined on the basis of the value of the average and 5 of Regulation No 115/67/EEC ; whereas, if no offer quantities of oil and oil cake resulting from the proces­ and no price can be used for such determination, the sing of 100 kilograms of seed within the Community less method of calculation provided for in Article 37 of Regu­ an amount corresponding to the cost of processing these lation (EEC) No 2681 /83 should be used ; whereas the seeds into oil and oil cake ; whereas the quantities and abovementioned difference may be adjusted in accordance costs to be taken into consideration for the purposes of the calculation are fixed in Article 5 of Regulation No (') OJ No L 163, 22. 6. 1983, p. 44. 225/67/EEC ; whereas the value of those quantities should (2) OJ No L 132, 23. 5. 1990, p. 15. be determined in accordance with Article 6 of that 0 OJ No L 266, 28 . 9. 1983, p. 1 . Regulation ; (<) OJ No L 157, 22. 6. 1990, p. 33.

30. 6. 90 Official Journal of the European Communities No L 1671€5

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) 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 harvested in these two Member States : calculating the differential amounts ; whereas in cases 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 ties of certain products in the oils and fats sector released Whereas the subsidy should be fixed whenever the for consumption in Spain (2), as last amended by Regula­ market situation makes it necessary and in such a way as tion (EEC) No 387/90 (3), provision is made for the gran­ to ensure its being applied at least once a week ; whereas ting of compensatory aid, subject to certain conditions ; the subsidy may be altered whenever it becomes obvious whereas compensatory aid should be fixed for sunflower that such alteration is necessary ; 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 1539/90 (*), 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 1569/72 ; whereas^ according to these provisions, this No 2681 /83 shall be as set out in the Annexes 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 rape and sunflower will be confirmed or replaced as from under the common agricultural policy for the 1 July 1990 to take into account the application of the currency of the Member State concerned and the system of maximum guaranteed quantities for colza and rape seed for the 1990/91 marketing year. (') OJ No L 53, 1 . 3. 1986, p. 55. O OJ No L 53, 1 . 3. 1986, p. 47. O OJ No L 42, 16. 2. 1990, p. 8. Article 2 (4) OJ No L 183, 3. 7. 1987, p. 18 . O OJ No L 170, 29. 6. 1984, p. 41 . («) OJ No L 145, 8. 6. 1990, p. 20. This Regulation shall enter into force on 1 July 1990.

No L 167/66 Official Journal of the European Communities 30 . 6. 90

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

Done at Brussels, 29 June 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 7 (') 8 (') 9 0 10 o 11 0 12 0

1 . Gross aids (ECU) : — Spain 1,750 1,750 1,750 1,750 1,750 1,750 — Portugal 0,000 0,000 0,000 0,000 0,000 0,000 — Other Member States 25,403 25.448 25,526 25,797 24,884 25,162 2. Final aids : (a) Seed harvested and processed in :

— Federal Republic of Germany (DM) 59,47 59,58 59,76 60,40 58,27 59,05 — Netherlands (Fl) 67,01 67,13 67,33 68,05 65,64 66,52 — BLEU (Bfrs/Lfrs) 1 226,63 1 228,81 1 232,57 1 245,66 1 201,57 1 215,00 — France (FF) 199,46 199,81 200,43 202,55 195,38 197,57 — Denmark (Dkr) 226,85 227,25 227,95 230,37 222,22 224,70 — Ireland (£ Irl) 22,200 22,239 22,307 22,544 21,746 21,982 — United Kingdom (£) 19,412 19.449 19,487 19,678 18,925 19,043 — Italy (Lit) 44 498 44 576 44 713 45 188 43 589 44 076 — Greece (Dr) 5 364,22 5 366,13 5 357,78 5 389,65 5 170,46 5 127,70 (b) Seed harvested in Spain and processed : — in Spain (Pta) 267,57 267,57 267,57 267,57 267,57 267,57 — in another Member State (Pta) 3 757,14 3 763,65 3 770,89 3 804,11 3 673,04 3 700,27 (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) 5 553,18 5 562,46 5 575,71 5 618,90 5 429,21 5 446,45

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

30 . 6. 90 Official Journal of the European Communities No L 167/67

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 7 (') 8 (>) 9 (') 10 o 110 12 (1)

1 . Gross aids (ECU) : — Spain 4,250 4,250 4,250 4,250 4,250 4,250 — Portugal 2,500 2,500 2,500 2,500 2,500 2,500 — Other Member States 27,903 27,948 28,026 28,297 27,384 27,662 2. Final aids : (a) Seed harvested and processed in :

— Federal Republic of Germany (DM) 65,32 65,43 65,61 66,26 64,12 64,91 — Netherlands (Fl) 73,60 73,72 73,93 74,64 72,23 73,12 — BLEU (Bfrs/Lfrs) 1 347,35 1 349,52 1 353,29 1 366,38 1 322,29 1 335,71 — France (FF) ! 219,09 219,44 220,06 222,18 215,01 217,20 — Denmark (Dkr) 249,18 249,58 250,27 252,69 244,54 247,02 — Ireland (£ Irl) 24,384 24,424 24,492 24,729 23,931 24,167 — United Kingdom (£) 21,361 21,398 21,436 21,627 20,874 20,992 — Italy (Lit) 48 877 48 956 49 092 49 567 47 968 48 455 — Greece (Dr) 5 907,58 5 909,49 5 901,14 5 933,01 5 713,82 5 671,06 (b) Seed harvested in Spain and processed : — in Spain (Pta) 649,81 649,81 649,81 649,81 649,81 649,81 — in another Member State (Pta) 4 139,38 4 145,89 4 153,13 4186,35 4 055,28 4 082,51 (c) Seed harvested in Portugal and processed : — in Portugal (Esc) 517,26 517,26 517,26 517,26 517,26 517,26 — in another Member State (Esc) 6 070,43 6 079,72 6 092,96 6 136,16 5 946,46 5 963,71

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

No L 167/68 Official Journal of the European Communities 30 . 6. 90

ANNEX III

Aids to sunflower seed (amounts per 100 kg) Current 1st period 2nd period 3rd period 4th period 7 8 (') * 0) 10 0) 11 (1)

1 . Gross aids (ECU) : — Spain 6,890 8,600 8,600 8,600 8,600 — Portugal 0,000 0,000 0,000 0,000 0,000 — Other Member States 37,398 32,677 32,809 33,080 33,412 2. Final aids : (a) Seed harvested and processed in (2) : — Federal Republic of Germany . (DM) 88,55 76,50 76,81 77,46 78,23 — Netherlands (Fl) 98,65 86,20 86,55 87,26 88,14 — BLEU (Bfrs/Lfrs) 1 805,83 1 577,87 1 584,25 1 597,33 1 613,36 — France (FF) 286,00 256,57 257,61 259,74 262,35 — Denmark (Dkr) 333,97 291,81 292,99 295,41 298,37 — Ireland (£ Irl) 31,831 28,556 28,672 28,909 29,199 —- United Kingdom (£) 25,036 25,008 25,085 25,270 25,530 — Italy (Lit) 62 944 57 239 57 471 57 945 58 527 — Greece (Dr) 6 714,62 6 905,00 6 904,02 6 929,74 7 002,69 (b) Seed harvested in Spain and processed : — in Spain (Pta) 1 053,45 1 314,91 1 314,91 1 314,91 1 314,91 — in another Member State (Pta) 4 793,68 4 368,16 4 382,30 4 414,11 4 464,55 (c) Seed harvested in Portugal and processed : — in Portugal (Esc) 0,00 0,00 0,00 0,00 0,00 — in Spain (Esc) 8 294,22 7 682,58 7 707,01 7 748,87 7 819,13 — in another Member State (Esc) 8 112,93 7 514,67 7 538,56 7 579,51 7 648,23 3 . Compensatory aids : — in Spain (Pta) 4 768,70 4 342,77 4 356,91 4 388,31 4438,75 4. Special aid : — in Portugal (Esc) . 8 112,93 7 514,67 7 538,56 7 579,51 7 648,23

(') 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 die 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 7 8 9 10 11 12

DM 2,063410 2,059610 2,055800 2,052400 2,052400 2,043290 Fl 2,320770 2,316800 2,312870 2,309280 2,309280 2,299090 Bfrs/Lfrs 42,302699 42,286100 42^61300 42,230200 42,230200 42,121300 FF 6,926960 6,924570 6,922210 6,920750 6,920750 6,915820 Dkr 7,843170 7,846190 7,846540 7,846820 7,846820 7,844770 £Irl 0,768926 0,769133 0,769702 0,770118 0,770118 0,773249 £ 0,711185 0,713850 0,716595 0,718829 0,718829 0,725707 Lit 1 511,20 1 512^6 1 513,37 1 514,44 1 514,44 1 517^9 Dr 201,66800 203,30600 205,28400 207,68000 207,68000 214,97800 Esc 180,88500 181,34900 181,99400 182^3200 182^3200 185,63800 Pta 126,88200 127,34500 127,78400 128,19500 128,19500 129,12500