31990R3723

No L 358/64 Official Journal of the European Communities 21 . 12. 90

COMMISSION REGULATION (EEC) No 3723/90 of 20 December 1990 fixing the amount of the subsidy on oil seeds

THE COMMISSION OF THE EUROPEAN COMMUNITIES, tries have been fixed by Commission Regulation No 225/67/EEC (?), as last amended by Regulation (EEC) No Having regard to the Treaty establishing the European 2869/87 (10) ; Economic Community,

Whereas the target prices and the intervention prices Having regard to the Act of Accession of Spain and fixed by the Council are to be reduced in accordance with Portugal, Commission Regulation (EEC) No 1756/90 of 27 June 1990 establishing the target and intervention prices for Having regard to Council Regulation No 136/66/EEC of colza, rape and sunflower seed and the guide and 22 September 1966 on the establishment of a common minimum prices for soya beans, fixed in ecus by the organization of the market in oils and fats (l), as last Council and reduced as a result of the monetary realign­ amended by Regulation (EEC) No 3499/90 (2), and in ment of 5 January 1990 (n); particular Article 27 (4) thereof,

Having regard to Council Regulation (EEC) No Whereas the abatement of the subsidy for colza and rape 1678/85 (3) fixing the conversion rates to be applied in seed which arises, where appropriate, from the system of agriculture, as last amended by Regulation (EEC) No maximum guaranteed quantities for the 1990/91 marke­ 3709/90 (4), ting year, has been fixed by Commission Regulation (EEC) No 2509/90 (12) ; Having regard to Council Regulation (EEC) No 1569/72 of 20 July 1972 laying down special measures for colza, rape and sunflower seed (*), as last amended by Regulation Whereas the abatement of the subsidy for sunflower seed (EEC) No 2206/90 (®), and in particular Article 2 (3) which arise from the system of maximum guaranteed thereof, quantities for the 1990/91 marketing year has been fixed by Commission Regulation (EEC) 2833/90 (13) ; Having regard to the opinion of the Monetary Committee, Whereas Article 29 of Regulation No 136/66/EEC Whereas Article 27 of Regulation No 136/66/EEC provides that the world market price, calculated for a provides that a subsidy should be granted in respect of oil Community frontier crossing point, is to be determined seeds harvested and processed within the Community on the basis of the most favourable purchasing opportuni­ when the target price for a species of seed is higher than ties, quotations being adjusted where necessary to take the price on the world market ; whereas these provisions account of quotations for competing products ; at present apply only in respect of colza, rape and 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 (H), as last amended by Regulation (EEC) Whereas the target price and the monthly increases in the No 1983/82 (15), fixed the said crossing point at target price for colza, rape and sunflower seed for the Rotterdam ; whereas Article 1 of that Regulation provides 1990/91 marketing year were fixed by Council Regula­ that when the world market price is being determined tions (EEC) No 1317/90 0 and (EEC) No 1318/90 (8); account should be taken of all offers on the world market 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 by Regulation (EEC) No whereas Article 2 of Regulation No 225/67/EEC provides 1317/90 for the 1990/91 marketing year ; that offers and quotations which do not relate to ship­ ments to be effected within 30 days following the date on Whereas the standard quality for sunflower seed has been which the world market price is determined should be maintained by the Council for the 1989/90 and 1990/91 disregarded ; whereas offers and quotations which the marketing years ; whereas the coefficients of equivalence Commission believes, in view of general price movements applied to the prices of sunflower seed from third coun­ or information available to it, not to be representative of the real trend of the market must also be disregarded ;

(>) OJ No 172, 30. 9. 1966, p. 3025/66. (J) OJ No L 338, 5. 12. 1990, p. 1 . O OJ No 136, 30. 6. 1967, p. 2919/67. O OJ No L 164, 24. 6. 1985, p. 11 . (l0) OJ No L 273, 26. 9 . 1987, p. 16. (4) See page 13 of this Official Journal. (") OJ No L 162, 28 . 6. 1990, p. 19. (j OJ No L 167, 25. 7. 1972, p. 9. (12) OJ No L 237, 1 . 9. 1990, p. 7. ft OJ No L 201 , 31 . 7. 1990, p. 11 . H OJ No L 268, 29 . 9 . 1990, p. 86. 0 OJ No L 132, 23. 5. 1990, p. 9 . H OJ No 111 , 10. 6. 1967, p. 21 96/67. (*) OJ No L 132, 23. 5. 1990, p. 11 . (1S) OJ No L 215, 23 . 7. 1982, p. 6.

21 . 12. 90 No L 358/65 Official Journal of the European Communities

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

Whereas Article 5 of Regulation No 115/67/EEC provides Whereas Council Regulation (EEC) No 1594/83 of 14 that the world market price should be determined for June 1983 on the subsidy for oil seeds ('), as last amended seed of the standard quality for which the target price has been fixed, delivered in bulk : by Regulation (EEC) No 1321 /90 (2), laid down rules for granting the subsidy on oil seeds ; whereas, under that 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 3603/90 (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 tion No 225/67/EEC, be applied ; whereas, when derived which the application was lodged by the corrective coefficients are being calculated, account must be taken of amount and the difference between the target prices the differences between prices for the qualities of seed in mentioned in Article 35 of Regulation (EEC) No question and prices for the qualities listed in that Annex, 2681 /83 ; and of the characteristics of these various seeds :

Whereas Article 2 of Regulation No 1 15/67/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 1 15/67/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. 1990, p. 15. Whereas Article 3 of Regulation No 115/67/EEC provides 0 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 350, 14. 12. 1990, p. 57.

No L 358/66 Official Journal of the European Communities 21 . 12. 90

with Article 38 of Regulation (EEC) No 2681 /83, account — the agricultural conversion rate, and being taken of the prices of the main competing cereals ; — the average rate of the ecu as published in the C Series of the Official Journal of the European Whereas the aid for colza, rape or sunflower seed Communities during a period to be determined harvested or processed in Spain or Portugal is to be multiplied by the factor referred to in the second advised as provided for in Council Regulation (EEC) No indent of point (a) ; 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 beginning of the 1986/87 marketing year for seed and forward exchange rates and the period to be used for harvested in these two Member States ; 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 be, must be used ; the mechanism for controlling the prices and the quanti­ ties of certain products in the oils and fats sector released for consumption in Spain (2), as last amended by Regula­ Whereas the subsidy should be fixed whenever the tion (EEC) No 387/90 (3), provision is made for the gran­ market situation makes it necessary and in such a way as ting 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 Council Regulation (EEC) No 1920/87 (4), Whereas it follows from applying these provisions to the provides for the granting of a special subsidy for offers and quotations known to the Commission that, sunflower seed harvested and processed in Portugal ; pursuant to Article 33 of Regulation (EEC) No 2681 /83 whereas the amount of this subsidy should be fixed ; 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 (*), as last amended by Regulation (EEC) No 1 539/90 (*), defined the elements which deter­ mine the differential amounts ; whereas these elements are equal to the incidence on the target price less percen­ HAS ADOPTED THIS REGULATION : tage referred to in Article 5, paragraph 1 of the said regu­ 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 Annexes hereto. — the conversion rate used under the common agricultural policy, and 2. The amount of the compensatory aid referred to in — the conversion rate resulting from the central rate Article 14 of Regulation (EEC) No 475/86 shall be as multiplied by the correcting factor referred to in shown in Annex III to this Regulation for sunflower seed Article 6 (1 ) of Regulation (EEC) No 1677/85 f), as harvested in Spain. last amended by Regulation (EEC) No 2205/90 (*) ; 3. The amount of the special subsidy provided (b) for Member States other than those referred to in (a), for by Regulation (EEC) 1920/87 for sunflower seed the difference between : harvested and processed in Portugal is fixed in Annex III.

(') OJ No L 53, 1 . 3. 1986, p. 55. 0 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. O OJ No L 170, 29 . 6. 1984, p. 41 . (') OJ No L 145, 8 . 6. 1990, p. 20. 0 OJ No L 164, 24. 6. 1985, p. 6. This Regulation shall enter into force on 21 December (8) OJ No L 201 , 31 . 7. 1990, p. 9. 1990 .

21 . 12. 90 No L 358 / 67 Official Journal of the European Communities

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

Done at Brussels, 20 December 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 \

12 1 2 3 4 5 I

1 . Gross aids (ECU): — Spain 0,000 0,000 0,000 0,000 0,000 0,000 — Portugal 0,000 28,667 25,970 25,970 25,970 25,970 — Other Member States 21,765 21,697 19,000 19,000 19,000 19,000 2. Final aids : l \ l

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

— Federal Republic of Germany (DM) 51,24 51,08 44,73 44,73 44,73 44,79 — Netherlands (Fl) 57,73 57,55 50,40 50,40 50,40 50,46 — BLEU (Bfrs/Lfrs) 1 056,83 1 053,53 922,57 922,57 922,57 922,62 — France (FF) 171,85 171,31 150,02 150,02 150,02 150,02 — Denmark (Dkr) 195,45 194,84 170,62 170,62 170,62 170,62 — Ireland (£ Irl) 19,127 19,067 16,697 16,697 16,697 16,697 — United Kingdom (£) 16,579 16,516 14,314 14,289 14,281 14,228 — Italy (Lit) 38 338 38 218 33 468 33 468 33 468 33 371 — Greece (Dr) 4 607,68 4 574,64 3 874,91 3 828,41 3 821,96 3 695,12 (b) Seed harvested in Spain and processed : I I

— in Spain (Pta) 0,00 0,00 0,00 0,00 0,00 0,00 — in another Member State (Pta) 0,00 0,00 0,00 0,00 0,00 0,00 (c) Seed harvested in Portugal and processed : I I

— in Portugal (Esc) 0,00 5 988,90 5 427,89 5 418,25 5 418,23 5 377,45 — in another Member State (Esc) 6 002,90 5 988,90 5 427,89 5 418,25 5 418,23 5 377,45

No L 358 /68 21 . 12. 90 Official Journal of the European Communities

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 I

12 1 2 3 4 5 1 . Gross aids (ECU) : I 1 \

— Spain 0,000 2,007 0,000 0,000 0,000 0,000 — Portugal 1,030 31,167 28,470 28,470 28,470 28,470 — Other Member States 24,265 24,197 21,500 21,500 21,500 21,500 2. Final aids : l l l

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

— Federal Republic of Germany (DM) 57,12 56,96 50,61 50,61 50,61 50,68 — Netherlands (Fl) 64,36 64,18 57,03 57,03 57,03 57,09 BLEU (Bfrs/Lfrs) 1 178,22 1 174,92 1 043,96 1 043,96 1 043,96 1 044,01 — France (FF) 191,59 191,05 169,76 169,76 169,76 169,76 — Denmark (Dkr) 217,90 217,29 193,07 193,07 193,07 193,07 — Ireland (£ Irl) 21,323 21,264 18,894 18,894 18,894 18,894 — United Kingdom (£) 18,528 18,465 16,263 16,238 16,230 16,177 — Italy (Lit) 42 742 42 622 37 871 37 871 37 871 37 775 — Greece (Dr) 5 164,95 5 131,90 4 432,17 4 385,67 4 379,22 4 252,38 (b) Seed harvested in Spain and processed : I I I l

— in Spain (Pta) 0,00 361,78 0,00 0,00 0,00 0,00 — in another Member State (Pta) 371,04 361,78 0,00 0,00 0,00 0,00 (c) Seed harvested in Portugal and processed : I I I

— in Portugal (Esc) 214,94 6 510,59 5 949,58 5 939,94 5 939,92 5 899,14 — in another Member State (Esc) 6 524,59 6 510,59 5 949,58 5 939,94 5 939,92 5 899,14

21 . 12. 90 No L 358 / 69 Official Journal of the European Communities

ANNEX III

Aids to sunflower seed (amounts per 100 kg)

Current 1st period 2nd period 3rd period 4th period 12 1 2 3 4 1 . Gross aids (ECU): \

— Spain 8,600 29,733 27,266 27,667 27,253 — Portugal 0,000 38,656 36,240 36,640 36,240 — Other Member States 26,285 26,416 24,000 24,400 24,000 2. Final aids : l l

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

— Federal Republic of Germany (DM) 61,88 62,19 56,50 57,44 56,50 — Netherlands (Fl) 69,72 70,07 63,66 64,72 63,66 — BLEU (Bfrs/Lfrs) 1 276,30 1 282,66 1 165,35 1 184,77 1 165,35 — France (FF) 207,54 208,57 189,50 192,65 189,50 — Denmark (Dkr) 236,04 237,21 215,52 219,11 215,52 — Ireland (£ Irl) 23,099 23,214 21,091 21,442 ' 21,091 — United Kingdom (£) 20,018 20,115 18,140 18,437 18,101 — Italy (Lit) 46 300 46 530 42 275 42 979 42 275 — Greece (Dr) 5 561,95 5 574,15 4 937,09 4 983,38 4 875,86 (b) Seed harvested in Spain and processed : I

— in Spain (Pta) 1 314,91 4 598,85 4 228,44 4 282,63 4 221,55 — in another Member State (Pta) 4 635,43 4 656,04 4 293,34 4 347,51 4 288,47 (c) Seed harvested in Portugal and processed : I I

— in Portugal (Esc) 0,00 8 074,41 7 571,90 7 644,73 7 561,21 — in Spain (Esc) 8 226,79 8 254,84 7 741,09 7 815,56 7 730,17 — in another Member State (Esc) 8 046,98 8 074,41 7 571,90 7 644,73 7 561,21 3. Compensatory aids : II \ — in Spain (Pta) 4 606,52 — — — — 4. Special aid : ||Il \ — in Portugal (Esc) 8 046,98 — — — —

(') 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 I 5th period 12 1 2 3 4 5

DM 2,041570 2,038950 2,036470 2,034300 2,034300 2,027980 Fl 2,304490 2,301740 2,298990 2,296910 2,296910 2,289670 Bfrs/Lfrs 42,287700 42,243100 42,206100 42,172000 42,172000 42,073500 FF 6,939100 6,933540 6,930220 6,928350 6,928350 6,923370 Dkr 7,878370 7,874620 7,870670 7,870220 7,870220 7,864700 £Irl 0,766932 0,766825 0,766415 0,766479 0,766479 0,766439 £ 0,710475 0,712514 0,714195 0,715187 0,715187 0,717792 Lit 1 540,24 1 542,80 1 544,91 1 546,67 1 546,67 1 553,30 Dr 212,70000 214,67000 216,88300 219,43000 219,43000 226,73400 Esc 180,50800 180,73500 181,14200 182,00100 182,00100 184,38000 Pta 130,21500 130,63800 131,03100 131,37000 131,37000 132,45800