31990R3866

No L 367/80 29 . 12. 90 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3866/90 of 28 December 1990 fixing the amount of the subsidy on oil seeds

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the standard quality for sunflower seed has been maintained by the Council for the 1989/90 and 1990/91 marketing years ; whereas the coefficients of equivalence Having regard to the Treaty establishing the European applied to the prices of sunflower seed from third coun­ Economic Community, tries have been fixed by Commission Regulation No 225/67/EEC (»), as last amended by Regulation (EEC) No 2869/87 (10) ; Having regard to the Act of Accession of Spain and Portugal,

Having regard to Council Regulation No 136/66/EEC of Whereas the target prices and the intervention prices 22 September 1966 on the establishment of a common fixed by the Council are to be reduced in accordance with organization of the market in oils and fats ('), as last Commission Regulation (EEC) No 1756/90 of 27 June amended by Regulation (EEC) No 3577/90 (2), and in 1990 establishing the target ?nd intervention prices for particular Article 27 (4) thereof, colza, rape and sunflower seed and the guide and minimum prices for soya beans, fixed in ecus by the Having regard to Council Regulation (EEC) No Council and reduced as a result of the monetary realign­ 1678/85 (3) fixing the conversion rates to be applied in ment of 5 January 1990 ("); agriculture, as last amended by Regulation (EEC) No 3709/90 (4),

Having regard to Council Regulation (EEC) No 1569/72 Whereas the abatement of the subsidy for colza and rape of 20 July 1972 laying down special measures for colza, seed which arises, where appropriate, from the system of maximum guaranteed quantities for the 1990/91 marke­ rape and sunflower seed (s), as last amended by Regulation (EEC) No 2206/90 (*), and in particular Article 2 (3) ting year, has been fixed by Commission Regulation thereof, (EEC) No 2509/90 (I2) ;

Having regard to the opinion of the Monetary Committee, Whereas the abatement of the subsidy for sunflower seed Whereas Article 27 of Regulation No 136/66/EEC which arise from the system of maximum guaranteed provides that a subsidy should be granted in respect of oil quantities for the 1990/91 marketing year has been fixed seeds harvested and processed within the Community by Commission Regulation (EEC) 2833/90 (13) ; 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 sunflower seeds ; Whereas Article 29 of Regulation No 136/66/EEC provides that the world market price, calculated for a Whereas the subsidy on oil seeds should, theoretically, be Community frontier crossing point, is to be determined equal to the difference between those two prices ; on the basis of the most favourable purchasing opportuni­ ties, quotations being adjusted where necessary to take account of quotations for competing products ; Whereas the target price and the monthly increases in the target price for colza, rape and sunflower seed for the 1990/91 marketing year were fixed by Council Regula­ tions (EEC) No 1317/90 f) and (EEC) No 1318/90 (8); Whereas Article 4 of Council Regulation No 115/67/EEC of 6 June 1967 laying down criteria for determining Whereas a supplement to the target price for 'double zero' world market prices for oil seeds and fixing the frontier colza and rape seed was fixed by Regulation (EEC) No crossing point (H), as last amended by Regulation (EEC) 1317/90 for the 1990/91 marketing year ; No 1983/82 (1S), fixed the said crossing point at Rotterdam ; whereas Article 1 of that Regulation provides

(') OJ No 172, 30. 9. 1966, p. 3025/66. 0 OJ No L 353, 17. 12. 1990, p. 23. C) OJ No 136, 30. 6. 1967, p. 2919/67. 0 OJ No L 164, 24. 6. 1985, p. 11 . (,0) OJ No L 273, 26. 9. 1987, p. 16. (4) OJ No L 358 , 21 . 12. 1990, p. 13. (") OJ No L 162, 28 . 6. 1990, p. 19. 0 OJ No L 167, 25. 7. 1972, p. 9. (,2) OJ No L 237, 1 . 9. 1990, p. 7. («) OJ No L 201 , 31 . 7. 1990, p. 11 . H OJ No L 268, 29 . 9. 1990, p. 86. f) OJ No L 132, 23. 5. 1990, p. 9. ('<) OJ No 111 , 10. 6. 1967, p. 2196/67. (8) OJ No L 132, 23. 5. 1990, p. 11 . H OJ No L 215, 23 . 7. 1982, p. 6.

No L 367/81 29 . 12. 90 Official Journal of the European Communities

that when the world market price is being determined be determined on the basis of the value of the average account should be taken of all offers on the world market quantities of oil and oil cake resulting from the proces­ known to the Commission and of quotations on those sing of 100 kilograms of seed within the Community less exchanges which are significant for international trade ; an amount corresponding to the cost of processing these whereas Article 2 of Regulation No 225/67/EEC provides seeds into oil and oil cake ; whereas the quantities and that offers and quotations which do not relate to ship­ costs to be taken into consideration for the purposes of ments to be effected within 30 days following the date on the calculation are fixed in Article 5 of Regulation No which the world market price is determined should be 225/67/EEC ; whereas the value of those quantities should be determined in accordance with Article 6 of that disregarded ; whereas offers and quotations which the Commission believes, in view of general price movements Regulation ; or information available to it, not to be representative of the real trend of the market must also be disregarded ;

Whereas Article 3 of Regulation No 115/67/EEC provides Whereas offers and quotations relating to quantities of that, where no offer or quotation can be used as a basis less than 500 tonnes and offers relating to seed of a for determining the world market price and where it is, quality other than that normally acceptable on the world moreover, impossible to establish the value of the oil or market must also be disregarded ; oil cake processed from such seed, the world market price should be determined on the basis of the most recent known value for oil or oil cake, adjusted to take account of the trend of world prices for competing products by Whereas Article 3 of Regulation No 225/67/EEC provides applying to that value the rules set out in Article 2 of that of the offers and quotations taken into consideration, Regulation No 115/67/EEC ; whereas Article 7 of Regula­ those for delivery c and f should be increased by 0,2 % ; tion No 225/67/EEC defines competing products as those whereas offers and quotations for delivery fas, fob or oils or oil cakes, as the case may be, which appear to have otherwise should be increased, as appropriate, by loading, been offered in the largest quantities on the world market transport and insurance costs from the point of shipment during the period under consideration ; 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 1 1 5/67/EEC, product delivered cif Rotterdam ; whereas the Commis­ sion should take account only of the loading, transport the price determined for colza, rape and sunflower seeds must also be adjusted by an amount not exceeding the and insurance costs which to its knowledge are the lowest ; whereas, finally, offers and quotations for delivery margin, as calculated in accordance with that Article, cif Rotterdam should be increased by ECU 0,242 ; 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 Whereas Council Regulation (EEC) No 1594/83 of 14 seed of the standard quality for which the target price has June 1983 on the subsidy for oil seeds ('), as last amended 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 Whereas Article 3 of Regulation No 225/67/EEC provides advance, the amount of such subsidy must be equal to the that offers and quotations relating to products presented amount applicable on the day on which the application otherwise than in bulk should be adjusted by deducting for advance fixing was lodged, adjusted by the difference the additional value resulting from that presentation ; between the target price valid on that day and the target whereas offers and quotations relating to a quality other price valid on the day on which the seeds are placed than the standard quality for which the target price was under control at an oil or feed mill and, where appro­ fixed should be adjusted on the basis of the coefficients of priate, a corrective amount ; whereas Article 35 of equivalence shown in the Annex to that Regulation ; Commission Regulation (EEC) No 2681 /83 of 21 whereas, in the case of offers on the world market for September 1983 laying down detailed rules for the appli­ qualities of colza and rape seed other than those listed in cation of the subsidy system for oil seeds (3), as last that Annex, coefficients of equivalence derived from those amended by Regulation (EEC) No 3603/90 (4), provides listed in that Annex may, pursuant to Article 4 of Regula­ that such adjustment should involve increasing or redu­ tion No 225/67/EEC, be applied ; whereas, when derived cing the amount of subsidy applicable on the day on coefficients are being calculated, account must be taken of which the application was lodged by the corrective the differences between prices for the qualities of seed in amount and the difference between the target prices question and prices for the qualities listed in that Annex, mentioned in Article 35 of Regulation (EEC) No and of the characteristics of these various seeds ; 2681 /83 ;

(') OJ No L 163, 22. 6. 1983, p. 44. Whereas Article 2 of Regulation No 1 1 5/67/EEC provides O OJ No L 132, 23. 5. 1990, p. 15. that, where no offer or quotation can be used as a basis 0 OJ No L 266, 28 . 9. 1983, p. 1 . for determining the world market price, that price should 0 OJ No L 350, 14. 12. 1990, p. 57.

No L 367/82 29 . 12. 90 Official Journal of the European Communities

Whereas Article 37 of Regulation (EEC) No 2681 /83 (b) for Member States other than those referred to in (a), the difference between : provides that the corrective amount must be equal to the difference between the world market price for colza, rape — the agricultural conversion rate, and and sunflower seeds and the forward price for those seeds valid for a shipment effected during the month in which — the average rate of the ecu as published in the C the seeds were placed under control at an oil mill, those Series of the Official Journal of the European prices being determined in accordance with Articles 1 , 4 Communities during a period to be determined and 5 of Regulation No 115/67/EEC ; whereas, if no offer multiplied by the factor referred to in the second and no price can be used for such determination, the indent of point (a); method of calculation provided for in Article 37 of Regu­ lation (EEC) No 2681 /83 should be used ; whereas the Whereas Regulation (EEC) No 1813/84 specifies the spot abovementioned difference may be adjusted in accordance and forward exchange rates and the period to be used for with Article 38 of Regulation (EEC) No 2681 /83, account calculating the differential amounts ; whereas in cases being taken of the prices of the main competing cereals ; 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 be, must be used ;

Whereas the aid for colza, rape or sunflower seed Whereas the subsidy should be fixed whenever the harvested or processed in Spain or Portugal is to be market situation makes it necessary and in such a way as adjusted as provided for in Council Regulation (EEC) No to ensure its being applied at least once a week ; whereas 478/86 (') ; whereas this aid is, for seed harvested in these the subsidy may be altered whenever it becomes obvious Member States, to be determined in line with the provi­ that such alteration is necessary ; sions of Articles 95 (2) and (3) and 293 (2) and (3) of the Act of Accession : Whereas it follows from applying these provisions to the 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 (2), as last amended by Regulation (EEC) No 1 539/90 (3), 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 Article 1 percentage represents :

The amounts of the subsidy and the exchange rates referred to in Article 33 (2) and (3) of Regulation (EEC) (a) for those Member States whose currencies are main­ No 2681 /83 shall be as set out in the Annexes hereto. tained as between themselves within a spread at any given moment of 2,25 % , the difference between : 2. The amount of the compensatory aid referred to in Article 14 of Regulation (EEC) No 475/86 shall be as — the conversion rate used under the common shown in Annex III to this Regulation for sunflower seed agricultural policy, and harvested in Spain.

— the conversion rate resulting from the central rate 3. The amount of the special subsidy provided multiplied by the correcting factor referred to in for by Regulation (EEC) 1920/87 for sunflower seed Article 6 (1 ) of Regulation (EEC) No 1677/85 (4), as harvested and processed in Portugal is fixed in Annex III. last amended by Regulation (EEC) No 2205/90 (*) ;

(') OJ No L 53, 1 . 3. 1986, p. 55. (2) OJ No L 170, 29. 6. 1984, p. 41 . Article 2 (3) OJ No L 145, 8 . 6. 1990, p. 20. (4) OJ No L 164, 24. 6. 1985, p. 6. Is) OJ No L 201 , 31 . 7. 1990, p. 9. This Regulation shall enter into force on 1 January 1991 .

29 . 12. 90 No L 367/83 Official Journal of the European Communities

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

Done at Brussels, 28 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 1 2 3 4 5 6

1 . Gross aids (ECU) : I I

— Spain 0,000 0,000 0,000 0,000 0,000 0,000 — Portugal 25,970 25,970 25,970 25,970 25,970 25,970 — Other Member States 19,000 19,000 19,000 19,000 19,000 19,000 2. Final aids : \ IIIl l Seed harvested and processed in : \ \ \

— Federal Republic of Germany (DM) 44,73 44,73 44,73 44,73 44,73 44,80 — Netherlands (Fl) 50,40 50,40 50,40 50,40 50,40 50,46 — BLEU (Bfrs/Lfrs) 922,57 922,57 922,57 922,57 922,57 922,57 — France (FF) 150,02 150,02 150,02 150,02 150,02 150,02 — Denmark (Dkr) 170,62 170,62 170,62 170,62 170,62 170,62 — Ireland (£ Irl) 16,697 16,697 16,697 16,697 16,697 16,697 — United Kingdom (£) 14,325 14,317 14,309 14,284 14,276 14,231 — Italy (Lit) 33 468 33 468 33 468 33 468 33 468 33 368 — Greece (Dr) 3 928,97 3 908,67 3 883,03 3 830,85 3 824,54 3 706,51 — in Spain (Pta) 0,00 0,00 0,00 0,00 0,00 0,00 — in Portugal (Esc) 5 430,95 5 431,16 5 431,36 5 423,67 5 423,74 5 391,67

No L 367/84 Official Journal of the European Communities 29 . 12. 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 1 2 3 4 5 6 1 . Gross aids (ECU): I I

— Spain 0,000 0,000 0,000 0,000 0,000 0,000 — Portugal 28,470 28,470 28,470 28,470 28,470 28,470 — Other Member States 21,500 21,500 21,500 21,500 21,500 21,500 2. Final aids : I \ Il|| Seed harvested and processed in : \ \ Il\

— Federal Republic of Germany (DM) 50,61 50,61 50,61 50,61 50,61 50,68 — Netherlands (Fl) 57,03 57,03 57,03 57,03 57,03 57,09 — BLEU (Bfrs/Lfrs) 1 043,96 1 043,96 1 043,96 1 043,96 1 043,96 1 043,96 — France (FF) 169,76 169,76 169,76 169,76 169,76 169,76 — Denmark (Dkr) 193,07 193,07 193,07 193,07 193,07 193,07 — Ireland (£ Irl) 18,894 18,894 18,894 18,894 18,894 18,894 — United Kingdom (£) 16,274 16,266 16,258 16,233 16,225 16,180 — Italy (Lit) 37 871 37 871 37 871 37 871 37 871 37 772 — Greece (Dr) 4 486,23 4465,93 4 440,29 4 388,1 1 4 381,80 4 263,77 — Spain (Pta) 0,00 0,00 0,00 0,00 0,00 0,00 — Portugal (Esc) 5 952,64 5 952,85 5 953,05 5 945,36 5 945,43 5 913,36

No L 367/85 29 . 12 . 90 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 1 2 3 4 5 1 . Gross aids (ECU): \

27,272 27,266 27,259 27,253 27,247 — Spain — Portugal 36,240 36,240 36,240 36,240 36,240 — Other Member States 24,000 24,000 24,000 24,000 24,000

2. Final aids : l

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

— Federal Republic of Germany \ \ l (DM) 56,50 56,50 56,50 56,50 56,50 — Netherlands (Fl) 63,66 63,66 63,66 63,66 63,66 — BLEU (Bfrs/Lfrs) 1 165,35 1 165,35 1 165,35 1 165,35 1 165,35 — France (FF) 189,50 189,50 189,50 189,50 189,50 — Denmark (Dkr) 215,52 215,52 215,52 215,52 215,52 — Ireland (£ Irl) 21,091 21,091 21,091 21,091 21,091 — United Kingdom (£) 18,152 18,143 18,133 18,104 18,095 — Italy (Lit) 42 275 42 275 42 275 42 275 42 275 — Greece (Dr) 4 999,23 4 975,76 4946,14 4 886,06 4 878,55 — Portugal (Esc) 7 575,27 7 575,51 7 575,75 7 567,25 7 567,33 (b) Seed harvested in Spain and processed : — in Spain (Pta) 4 231,62 4 231,76 4 228,40 4 223,66 4 223,66 — in another Member State (Pta) 4 295,52 4 296,57 4 294,22 4 290,52 4 291,44

(') For seed harvested in Member States other than Spain and processed in Spain, the amounts shown in 2 (a) to be multiplied by 1,0186140.

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 1 2 3 4 5 6

DM 2,041940 2,039490 2,036890 2,034790 2,034790 2,028030 Fl 2,299390 2,296680 2,294090 2,291850 2,291850 2,284530 Bfrs/Lfrs 42,178600 42,137100 42,116000 42,077400 42,077400 41,985300 FF 6,948130 6,943660 6,941570 6,939130 6,939130 6,935700 Dkr 7,879510 7,871490 7,870100 7,861830 7,861830 7,862350 £Irl 0,766651 0,766451 0,766417 0,766579 0,766579 0,767061 £ 0,710623 0,712462 0,714125 0,715171 0,715171 0,717780 Lit 1 540,86 1 543,19 1 544,75 1 547,64 1 547,64 1 554,10 Dr 213,08600 215,12500 216,40300 219,27900 219,27900 226,45300 Esc 181,19400 181,49900 181,78800 182,57000 182,57000 184,44900 Pta 130,23800 130,65200 131,06000 131,29200 131,29200 132,44300