31991R0772

CELEX: 31991R0772
Datum: 1991-03-28
Källa: eur-lex.europa.eu

No L 81 /62 28 . 3 . 91 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 772/91 of 27 March 1991 fixing the amount of the subsidy on oil seeds

THE COMMISSION OF THE EUROPEAN COMMUNITIES, applied to the prices of sunflower seed from third coun tries have been fixed by Commission Regulation No Having regard to the Treaty establishing the European 225/67/EEC (9), as last amended by Regulation (EEC) No Economic Community, 2869/ 87 (10) ;

Having regard to the Act of Accession of Spain and Whereas the target prices and the intervention prices Portugal, 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 No 136/66/EEC of 1990 establishing the target and intervention prices for 22 September 1966 on the establishment of a common colza, rape and sunflower seed, fixed in ecus by the organization of the market in oils and fats ('), as last Council and reduced as a result of the monetary realign ment of 5 January 1990 (u); amended by Regulation (EEC) No 3577/90 (2), and in particular Article 27 (4) thereof, Whereas the abatement of the subsidy for colza and rape Having regard to Council Regulation (EEC) No seed which arises, where appropriate, from the system of 1678/85 (3) fixing the conversion rates to be applied in maximum guaranteed quantities for the 1990/91 marke agriculture, as last amended by Regulation (EEC) No ting year, has been fixed by Commission Regulation 801 /91 (4), (EEC) No 2509/90 (12) ;

Having regard to Council Regulation (EEC) No 1569/72 Whereas the abatement of the subsidy for sunflower seed of 20 July 1972 laying down special measures for colza, which arise from the system of maximum guaranteed rape and sunflower seed (*), as last amended by Regulation quantities for the 1990/91 marketing year has been fixed (EEC) No 2206/90 (<% and in particular Article 2 (3) by Commission Regulation (EEC) 2833/90 (u) ; thereof,

Having regard to the opinion of the Monetary Committee, Whereas, owing to the lack of a target price for colza, rape seed and sunflower seed and of the adjustment in the rate of aid resulting from the maximum guaranteed quantity Whereas Article 27 of Regulation No 136/66/EEC arrangements for the 1991 /92 marketing year, the rate of provides that a subsidy should be granted in respect of oil the aid fixed in advance for this marketing year has only seeds harvested and processed within the Community been able to be calculated provisionally on the basis of when the target price for a species of seed is higher than the Commission's price proposals to the Council ; the price on the world market ; whereas these provisions whereas this amount should therefore only be applied at present apply only in respect of colza, rape and provisionally and should be confirmed or replaced once sunflower seeds ; the prices and related measures and the consequences of the maximum guaranteed quantity arrangements for the Whereas the subsidy on oil seeds should, theoretically, be 1991 /92 marketing year are known ; equal to the difference between those two prices ;

Whereas Article 29 of Regulation No 136/66/EEC Whereas the target price and the monthly increases in the provides that the world market price, calculated for a target price for colza, rape and sunflower seed for the Community frontier crossing point, is to be determined 1990/91 marketing year were fixed by Council Regula on the basis of the most favourable purchasing opportuni tions (EEC) No 1317/90 O and (EEC) No 1318/90 (8); ties, quotations being adjusted where necessary to take account of quotations for competing products ; Whereas a supplement to the target price for 'double zero' colza and rape seed was fixed by Regulation (EEC) No 1317/90 for the 1990/91 marketing year ; Whereas Article 4 of Council Regulation No 115/67/EEC of 6 June 1967 laying down criteria for determining Whereas the standard quality for sunflower seed has been world market prices for oil seeds and fixing the frontier maintained by the Council for the 1989/90 and 1990/91 crossing point (14), as last amended by Regulation (EEC) marketing years ; whereas the coefficients of equivalence No 1983/82 (15), fixed the said crossing point at Rotterdam ; whereas Article 1 of that Regulation provides

(') OJ No 172, 30 . 9. 1966, p. 3025/66. (2) OJ No L 353, 17. 12. 1990, p. 23. O OJ No 136, 30. 6. 1967, p. 2919/67. (3) OJ No L 164, 24. 6. 1985, p . 11 . (,0) OJ No L 273, 26. 9. 1987, p. 16. O OJ No L 82, 28 . 3. 1991 , p . 30. (>') OJ No L 162, 28 . 6. 1990, p. 19. 0 OJ No L 167, 25. 7. 1972, p . 9. (12) OJ No L 237, 1 . 9 . 1990, p. 7. (6) OJ No L 201 , 31 . 7. 1990, p. 11 . (13) 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. 2196/67. P) OT No L 132, 23 . 5 . 1990 , p . 11 . (IJ) OJ No L 215, 23 . 7. 1982, p. 6.

28 . 3 . 91 No L 81 /63 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 disregarded ; whereas offers and quotations which the be determined in accordance with Article 6 of that 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 knowi} 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 product delivered cif Rotterdam ; whereas the Commis Whereas, under Article 6 of Regulation No 1 1 5/67/EEC, sion should take account only of the loading, transport the price determined for colza, rape and sunflower seeds and insurance costs which to its knowledge are the must also be adjusted by an amount not exceeding 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 1 1 5/67/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 been fixed, delivered in bulk ; June 1983 on the subsidy for oil seeds ('), as last amended 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 0 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 (4) OJ No L 350 , 14. 12. 1990, p. 57.

28 . 3 . 91 No L 81 /64 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), provides that the corrective amount must be equal to the the difference between : 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 1 1 5/67/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 rential amount ; whereas Article 1 of Commission Regula (EEC) No 1813/84 must also be published, tion (EEC) No 1813/84 (2), as last amended by Regulation (EEC) No 1539/90 ('), defined the elements which deter mine the differential amounts ; whereas these elements are equal to the incidence on the target price less percen tage referred to in Article 5, paragraph 1 of the said regu HAS ADOPTED THIS REGULATION : 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

1 . , The amounts of the subsidy and the exchange rates (a) for those Member States whose currencies are main referred to in Article 33 (2) and (3) of Regulation (EEC) tained as between themselves within a spread at any No 2681 /83 shall be as set out in the Annexes hereto. given moment of 2,25 % , the difference between :

2. However, the amount of the aid fixed in advance for — the conversion rate used under the common the 1991 /92 marketing year for colza, rape and sunflower agricultural policy, and seed shall be confirmed or replaced with effect from 1 April 1991 to take account of the prices and related — the conversion rate resulting from the central rate measures for the 1991 /92 marketing year and of the multiplied by the correcting factor referred to in consequences of the maximum guaranteed quantity arran Article 6 (1 ) of Regulation (EEC) No 1677/85 (4), as gements. last amended by Regulation (EEC) No 2205/90 (*) ;

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

28 . 3 . 91 No L 81 /65 Official Journal of the European Communities

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

Done at Brussels, 27 March 1991 .

For the Commission Ray MAC SHARRY Member of the Commission

No L 81 / 66 28 . 3 . 91 Official Journal of the European Communities

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 4 5 6 7 8 0 9 (')

1 . Gross aids (ECU) : — Spain 0,000 0,000 0,000 8,000 8,000 8,000 — Portugal 24,970 24,970 24,970 14,970 14,970 14,970 — Other Member States 18,000 18,000 18,000 8,000 8,000 8,000 2. Final aids : \ Seed harvested and processed in : \ — Federal Republic of Germany (DM) 42,38 42,38 42,38 18,83 18,83 18,83 — Netherlands (Fl) 47,75 47,75 47,75 21,22 21,22 21,22 — BLEU (Bfrs/Lfrs) 874,01 874,01 874,01 388,45 388,45 388,45 — France (FF) 142,12 142,12 142,12 63,17 63,17 63,17 — Denmark (Dkr) 161,64 161,64 161,64 71,84 71,84 71,84 — Ireland (£ Irl) 15,818 15,818 15,818 7,030 7,030 7,030 — United Kingdom (£) 13,667 13,662 13,662 5,764 5,764 5,733 31 706 31 706 31 706 14 092 14 092 13 941 — Italy (Lit) — Greece (Dr) 3 521,08 3 496,17 3 457,37 1 025,94 1 025,94 890,23 — Spain (Pta) 0,00 0,00 0,00 1 332,27 1 332,27 1 310,94 — Portugal (Esc) 5 274,92 5 275,92 5 273,36 3 191,22 3 191,22 3 142,07

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 4 5 6 7 8 (') 9 (-)

1 . Gross aids (ECU) : — Spain 0,000 0,000 0,000 10,500 10,500 10,500 — Portugal 27,470 27,470 27,470 17,470 17,470 17,470 — Other Member States 20,500 20,500 20,500 10,500 10,500 10,500 2. Final aids : ||\

Seed harvested and processed in : — Federal Republic of Germany (DM) 48,26 48,26 48,26 24,72 24,72 24,72 — Netherlands (Fl) 54,38 54,38 54,38 27,85 27,85 27,85 — BLEU (Bfrs/Lfrs) 995,40 995,40 995,40 509,84 509,84 509,84 — France (FF) 161,86 161,86 161,86 82,90 82,90 82,90 — Denmark (Dkr) 184,09 184,09 184,09 94,29 94,29 94,29 — Ireland (£ Irl) 18,015 18,015 18,015 9,227 9,227 9,227 — United Kingdom (£) 15,616 15,611 15,611 7,713 7,713 7,682 — Italy (Lit) 36 110 36 110 36 110 18 495 18 495 18 345 — Greece (Dr) 4 078,35 4 053,44 4 014,63 1 583,20 1 583,20 1 447,49 — Spain (Pta) 0,00 0,00 0,00 1 714,51 1 714,51 1 693,18 — Portugal (Esc) 5 796,61 5 797,61 5 795,05 3 712,91 3 712,91 3 663,76

(') Amount fixed provisionally, pending and subject to the setting of the prices and related measures and of the application of the maximum guaranteed quantity arrangements for the 1991 /92 marketing year, on the basis in particular : — of the Commission's proposals for the 1991 /92 marketing year as regards the target price, the monthly increases, the reduction for rape seed other than 'double zero' and the arrangements applying to rape seed harvested in Spain ; — the adjustment resulting from the maximum guaranteed quantity arrangements and the agricultural conversion rates applied for the 1990/91 marketing year.

28 . 3 . 91 Official Journal of the European Communities No L 81 /67

ANNEX III

Aids to sunflower seed

(amounts per 100 kg) Current 1st period 2nd period 3rd period 4th period 4 5 6 7 8 (')

1 . Gross aids (ECU): — Spain 27,253 27,247 27,247 27,247 21,101 — Portugal 36,240 36,240 36,240 36,240 28,240 — Other Member States 24,000 24,000 24,000 24,000 16,000 2. Final aids : Il

(a) Seed harvested and processed in (2) : \ — Federal Republic of Germany Il ||Il (DM) 56,50 56,50 56,50 56,50 37,67 — Netherlands (Fl) 63,66 63,66 63,66 63,66 42,44 — BLEU (Bfrs/Lfrs) 1 165,35 1 165,35 1 165,35 1 165,35 776,90 — France (FF) 189,50 189,50 189,50 189,50 126,33 — Denmark (Dkr) 215,52 215,52 215,52 215,52 143,68 — Ireland (£ Irl) 21,091 21,091 21,091 21,091 14,060 — United Kingdom (£) 18,317 18,310 18,310 . 18,310 11,975. — Italy (Lit) 42 275 42 275 42 275 42 275 28 183 — Greece (Dr) 4 820,63 4 79 2,95 4 751,08 4 709,95 2 768,52 — Portugal (Esc) 7 629,12 7 630,30 7 627,65 7 616,59 5 961,87 (b) Seed harvested in Spain and IlII II processed : II II — in Spain (Pta) 4 266,21 4 266,91 4 266,91 4 258,01 3 340,16 — in another Member State (Pta) 4 332,00 4 333,61 4 333,61 4 324,93 3 417,91

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 4 5 6 7 8 9

DM 2,051940 2,049760 2,048580 2,046430 2,046430 2,041820 Fl 2,309930 2,307780 2,306530 2,303990 2,303990 2,298790 Bfrs/Lfrs 42,255100 42,218100 42,192899 42,147000 42,147000 42,065700 FF 6,989050 6,983320 6,980350 6,973840 6,973840 6,962630 Dkr 7,879960 7,878600 7,878780 7,875040 7,875040 7,868770 £Irl 0,771150 0,771288 0,772288 0,772491 0,772491 0,774934 £ 0,700926 0,702229 0,703319 0,704068 0,704068 0,705727 Lit . 1 531,13 1 533,52 1 536,11 1 537,72 1 537,72 1 544,90 Dr 221,06700 223,22200 225,52300 227,78400 227,78400 234,08500 Esc 178,55400 178,99600 179,58500 180,16000 180,16000 182,21600 Pta 127,68600 128,09900 127,83500 128,73700 128,73700 129,57100