31991R1897

No L 169/ 16 29 . 6 . 91 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1897/91 of 28 June 1991 fixing the amount of the subsidy on oil seeds

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas a supplement to the target price for 'double zero colza and rape seed was fixed by Regulation (EEC) No 1722/91 for the 1991 /92 marketing year ; Having regard to the Treaty establishing the European Economic Community, Whereas the abatement of the subsidy for colza and rape seed which arises, where appropriate, from the system of Having regard to the Act of Accession of Spain and maximum guaranteed quantities for the 1990/91 marke­ Portugal, ting year, has been fixed by Commission Regulation (EEC) No 2509/90 (9) ;

Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common Whereas the abatement of the subsidy for sunflower seed organization of the market in oils and fats ('), as last which arise from the system of maximum guaranteed amended by Regulation (EEC) No 1720/91 (2), and in quantities for the 1990/91 marketing year has been fixed particular Article 27 (4) thereof, by Commission Regulation (EEC) 2833/90 (10) ;

Having regard to Council Regulation (EEC) No Whereas, owing to the lack of an adjustment in the rate of 1678/85 (3) fixing the conversion rates to be applied in aid colza, rape seed and sunflower seed resulting from the agriculture, as last amended by Regulation (EEC) Ho maximum guaranteed quantity arrangements for the 1842/91 (4), 1991 /92 marketing year, the rate of the aid for this marketing year has only been able to be calculated provi­ sionally on the basis of the abatement applicable for the Having regard to Council Regulation (EEC) No 1569/72 1990/91 marketing year ; whereas this amount should of 20 July 1972 laying down special measures for colza, therefore only be applied provisionally and should be rape and sunflower seed (*), as last amended by Regulation confirmed or replaced once the prices and related (EEC) No 2206/90 (6), and in particular Article 2 (3) measures and the consequences of the maximum guaran­ thereof, teed quantity arrangements for the 1991 /92 marketing year are known ;

Having regard to the opinion of the Monetary Committee, Whereas Article 27a (3) of Regulation No 136/66/ EEC provides that the adjustment of the amount of aid for Whereas Article 27 of Regulation No 136/66/EEC rapeseed produced in Spain for the 1991 /92 marketing provides that a subsidy should be granted in respect of oil year shall be fixed so that the adjusted target price is the seeds harvested and processed within the Community same in Spain as in the Community as constituted at 31 when the target price for a species of seed is higher than December 1985 ; 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 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 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 Whereas Article 4 of Council Regulation No 1 15/67/EEC 1991 /92 marketing year were fixed by Council Regula­ of 6 June 1967 laying down criteria for determining tions (EEC) No 1722/91 0 and (EEC) No 1723/91 (8) ; world market prices for oil seeds and fixing the frontier crossing point ("), as last amended by Regulation (EEC) (') OJ No 172, 30. 9 . 1966, p. 3025/66. No 1983/82 (l2), fixed the said crossing point at (2) OJ No L 162, 26. 6. 1991 , p. 27. Rotterdam ; whereas Article 1 of that Regulation provides (■') OJ No L 164, 24. 6. 1985, p. 11 . (4) OJ No L 172, 1 . 7. 1991 , p. 53. 0 OJ No L 167, 25. 7. 1972, p. 9. 0 OJ No L 237, 1 . 9 . 1990, p. 7. (6) OJ No L 201 , 31 . 7. 1990 , p. 11 . O OJ No L 268 , 29 . 9. 1990, p. 86. 0 OJ No L 162, 26. 6. 1991 , p. 31 . (") OJ No 111 , 10 . 6. 1967, p. 2196/67. (8) OJ No L 162, 26. 6. 1991 , p. 33 . (12) OJ No L 215, 23. 7. 1982, p. 6.

29 . 6 . 91 Official Journal of the European Communities No L 169/ 17

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 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 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 1905/91 (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 115/67/EEC provides 2 OJ No L 132, 23 . 5. 1990, p. 15. that, where no offer or quotation can be used as a basis (3) OJ No L 266, 28 . 9 . 1983, p. 1 . for determining the world market price, that price should (4) See page 43 of this Official Journal,

No L 169 / 18 Official Journal of the European Communities 29 . 6. 91

Whereas Article 37 of Regulation (EEC) No 2681 /83 — the agricultural conversion rate, and provides that the corrective amount must be equal to the — the average rate of the ecu as published in the C difference between the world market price for colza, rape Series of the Official Journal of the European and sunflower seeds and the forward price for those seeds Communities during a period to be determined valid for a shipment effected during the month in which multiplied by the factor referred to in the second the seeds were placed under control at an oil mill, those indent of point (a) ; prices being determined in accordance with Articles 1 , 4 and 5 of Regulation No 115/67/EEC ; whereas, if no offer and no price can be used for such determination, the Whereas Regulation (EEC) No 1813/84 specifies the spot method of calculation provided for in Article 37 of Regu­ and forward exchange rates and the period to be used for lation (EEC) No 2681 /83 should be used ; whereas the calculating the differential amounts ; whereas in cases abovementioned difference may be adjusted in accordance where, for one or more months, quotations of forward with Article 38 of Regulation (EEC) No 2681 /83, account exchange rates are not available, the rates adopted for the being taken of the prices of the main competing cereals ; 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 Whereas Article 33 of Regulation (EEC) No 2681 /83 subsidy in each of the national currencies must be fixed provides for the publication of the amount of the final in accordance with the Annex to this Regulation ; subsidy obtained from the conversion into each of the whereas, pursuant to the same Article, the spot and national currencies of the amount in ecus resulting from forward exchange rates for the ecu in national currencies the calculation referred to above plus or minus the diffe­ determined in accordance with Article 4 of Regulation 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 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 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) HAS ADOPTED THIS REGULATION : No 1569/72 ; whereas, according to these provisions, this percentage represents :

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

— the conversion rate resulting from the central rate 2. However, the amount of the aid for the 1991 /92 multiplied by the correcting factor referred to in marketing year for colza, rape and sunflower seed shall be Article 6 ( 1 ) of Regulation (EEC) No 1677/85 (4), as confirmed or replaced with effect from 1 July 1991 to last amended by Regulation (EEC) No 2205/90 (5) ; take account of the consequences of the maximum guaranteed quantity arrangements for the 1991 /92 marke­ ting year. (b) for Member States other than those referred to in (a), the difference between :

(') 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. («) OJ No L 164, 24. 6. 1985, p. 6. (j OJ No L 201 , 31 . 7. 1990, p. 9. This Regulation shall enter into force on 1 July 1991 .

29 . 6 . 91 Official Journal of the European Communities No L 169/ 19

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

Done at Brussels, 28 June 1991 . For the Commission Ray MAC SHARRY Member of the Commission

No L 169/20 29 . 6 . 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 7 0 8 (') 9 (') io o 110 12 0

1 . Gross aids (ECU) : — Spain 13,530 13,923 13,008 13,280 12,861 13,039 — Portugal 20,540 20,933 20,018 20,290 19,871 20,049 — Other Member States 13,570 13,963 13,048 13,320 12,901 13,079 2 . Final aids : Seed harvested and processed in : — Federal Republic of Germany (DM) 31,95 32,87 30,72 31,36 30,37 30,79 — Netherlands (Fl) 36,00 37,04 34,61 35,33 34,22 34,69 — BLEU (Bfrs/Lfrs) 658,91 677,99 633,56 646,77 626,42 635,07 — France (FF) 107,14 110,25 103,02 105,17 101,86 103,27 — Denmark (Dkr) 121,86 125,39 117,17 119,61 115,85 117,45 — Ireland (£ Irl) 11,925 12,270 11,466 11,705 11,337 11,494 — United Kingdom (£) 10,662 10,978 10,243 10,462 10,124 10,265 — Italy (Lit) 23 903 24 595 22 983 23 463 22 724 22 970 — Greece (Dr) 3 329,52 3 418,62 3 139,42 3 166,16 3 053,88 2 968,14 — Spain (Pta) 2 101,52 2 159,53 2 024,46 2 064,57 2 003,50 2 016,74 — Portugal (Esc) 4 343,29 4 424,05 4 229,85 4 274,94 4 188,98 4 193,33

ANNEX II

Aids to colza and rape seed 'double zero'

(amounts per 100 kg) s Current 1st period 2nd period 3rd period 4th period 5th period 7 0 8 (') 9 (') io o 110 12 (')

1 . Gross aids (ECU) : — Spain 14,780 15,173 14,258 14,530 14,111 14,289 — Portugal 21,790 22,183 21,268 21,540 21,121 21,299 — Other Member States 14,820 15,213 14,298 14,570 14,151 14,329 2 . Final aids : Seed harvested and processed in : — Federal Republic of Germany (DM) 34,89 35,81 33,66 34,30 33,31 33,73 — Netherlands (Fl) 39,31 40,35 37,93 38,65 37,54 38,01 — BLEU (Bfrs/ Lfrs) 719,60 738,69 694,26 707,47 687,12 695,76 — France (FF) 117,01 120,12 112,89 115,04 111,73 113,14 — Denmark (Dkr) 133,08 136,61 128,39 130,84 127,07 128,67 — Ireland (£ Irl) 13,023 13,369 12,565 12,804 12,436 12,592 — United Kingdom (£) 11,656 11,972 11,238 11,456 11,118 11,259 — Italy (Lit) 26 105 26 797 25 185 25 664 24 926 25 171 — Greece (Dr) 3 644,67 3 733,77 3 454,57 3 481,31 3 369,03 3 283,29 — Spain (Pta) 2 290,05 2 348,06 2 213,00 2 253,11 2 192,04 2 205,28 — Portugal (Esc) 4 604,14 4 684,90 4 490,69 4 535,78 4 449,83 4 454,18

(') Amount fixed provisionally, pending and subject to the application of the maximum guaranteed quantity arrangements for the 1991 /92 marketing year, confor­ ming to the adjustment resulting from the maximum guaranteed quantity arrangements applied for the 1990/91 marketing year.

29 . 6 . 91 Official Journal of the European Communities No L 169/21

ANNEX III

Aids to sunflower seed

(amounts per 100 kg) Current 1st period 2nd period . 3rd period 4th period 7 8 9 (') io (') 11 0 )

1 . Gross aids (ECU) : — Spain 25,561 25,079 24,408 24,483 24,814 — Portugal 34,585 32,276 31,618 31,691 32,022 — Other Member States 22,345 20,036 19,378 19,451 19,782 2. Final aids : (a) Seed harvested and processed in (2) : — Federal Republic of Germany (DM) 52,60 47,17 45,62 45,79 46,57 — Netherlands (Fl) 59,27 53,15 51,40 51,59 52,47 — BLEU (Bfrs/Lfrs) 1 084,99 972,87 940,92 944,47 960,54 — France (FF) 176,43 158,20 153.00 153,58 156,19 — Denmark (Dkr) 200,66 179,92 174.01 174,67 177,64 — Ireland (£ Irl) 19,636 17,607 17,029 17,093 17,384 — United Kingdom (£) 16,969 15,803 15,275 15,334 15,597 — Italy (Lit) 39 360 35 292 34 133 34 262 34 845 — Greece (Dr) 4 309,53 4 945,64 4 731,54 4 704,98 4 788,87 — Portugal (Esc) 7 274,57 6 791,27 6 649,94 6 654,06 6 723,04 (b) Seed harvested in Spain and processed : — in Spain (Pta) 4 012,42 3 843,71 3 744,78 3 755,71 3 805,50 — in another Member State (Pta) 4 083,80 3 912,68 3 815,56 3 826,29 3 876,08

(') Amount fixed provisionally, pending and subject to the application of the maximum guaranteed quantity arrangements for the 1991 /92 marketing year, confor­ ming to the adjustment resulting from the maximum guaranteed quantity arrangements applied for the 1990/91 marketing year. (2) 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 7 8 9 10 11 12

DM 2,050870 2,049060 2,047520 2,046090 2,046090 2,042660 Fl 2,312590 2,311470 2,310100 2,308680 2,308680 2,305060 Bfrs/Lfrs 42,272000 42,237200 42,209000 42,181100 42,181100 42,100000 FF 6,970740 6,970440 6,969170 6,968570 6,968570 6,963910 Dkr 7,933430 7,929430 7,925630 7,922230 7,922230 7,914390 £Irl 0,767991 0,768086 0,767994 0,768038 0,768038 0,767496 £ 0,700527 0,701328 0,701998 0,702431 0,702431 0,703277 Lit 1 527,04 1 528,53 1 530,06 1 531,94 1 531,94 1 537,66 Dr 224,58200 226,27800 228,27400 230,32000 230,32000 236,15100 Esc 179,70600 180,35700 180,89200 181,40700 181,40700 182,90400 Pta 129,03700 129,28100 129,49900 129,68400 129,68400 130,27900