31991R3198

No L 303/34 1 . 11 . 91 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3198/91 of 31 October 1991 fixing the amount of the subsidy on oil seeds

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 1991 /92 marketing year were fixed by Council Regula­ tions (EEC) No 1722/91 (7) and (EEC) No 1723/91 (8);

Having regard to the Treaty establishing the European Economic Community, 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 Act of Accession of Spain and Portugal,

Whereas the abatement of the subsidy for colza and rape Having regard to Council Regulation No 136/66/EEC of seed which arises, where appropriate, from the system of 22 September 1966 on the establishment of a common maximum guaranteed quantities for the 1991 /92 marke­ organization of the market in oils and fats ('), as last ting year, has been fixed by Commission Regulation amended by Regulation (EEC) No 1720/91 (2), and in (EEC) No 3207/91 (9) ; particular Article 27 (4) thereof,

Having regard to Council Regulation (EEC) No 1678/85 (3) fixing the conversion rates to be applied in Whereas the abatement of the subsidy for sunflower seed agriculture, as last amended by Regulation (EEC) No which arise from the system of maximum guaranteed 2922/91 (4), quantities for the 1991 /92 marketing year has been fixed by Commission Regulation (EEC) 3208/91 (10) ;

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 Article 27a (3) of Regulation No 136/66/EEC (EEC) No 2206/90 (®), and in particular Article 2 (3) provides that the adjustment of the amount of aid for thereof, rapeseed produced in Spain for the 1991 /92 marketing year shall be fixed so that the adjusted target price is the same in Spain as in the Community as constituted at 31 December 1985 ; Having regard to the opinion of the Monetary Committee,

Whereas Article 27 of Regulation No 136/66/EEC Whereas Article 29 of Regulation No 136/66/EEC provides that a subsidy should be granted in respect of oil provides that the world market price, calculated for a seeds harvested and processed within the Community Community frontier crossing point, is to be determined when the target price for a species of seed is higher than on the basis of the most favourable purchasing opportuni­ the price on the world market ; whereas these provisions ties, quotations being adjusted where necessary to take at present apply only in respect of colza, rape and account of quotations for competing products ; sunflower seeds ;

Whereas the subsidy on oil seeds should, theoretically, be Whereas Article 4 of Council Regulation No 115/67/EEC equal to the difference between those two prices ; of 6 June 1967 laying down criteria for determining world market prices for oil seeds and fixing the frontier crossing point ("), as last amended by Regulation (EEC) Whereas the target price and the monthly increases in the No 1983/82 (12), fixed the said crossing point at target price for colza, rape and sunflower seed for the Rotterdam ; whereas Article 1 of that Regulation provides

(') OJ No 172, 30. 9. 1966, p. 3025/66. O OJ No L 162, 26. 6. 1991 , p. 31 . 0 OJ No L 162, 26. 6. 1991 , p. 27. («) OJ No L 162, 26. 6. 1991 , p. 33. (3) OJ No L 164, 24. 6. 1985, p. 11 . f) See page 68 of this Official Journal. 0 OJ No L 279, 7. 10. 1991 , p. 43. (10) See page 69 of this Official Journal. 0 OJ No L 167, 25. 7. 1972, p. 9. (") OJ No 111 , 10. 6. 1967, p. 2196/67. («) OJ No L 201 , 31 . 7. 1990, p. 11 . H OJ No L 215, 23. 7. 1982, p. 6.

1 . 11 . 91 Official Journal of the European Communities No L 303/35

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 1 1 5/67/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 115/67/EEC, the price determined for colza, rape and sunflower seeds sion should take account only of the loading, transport 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 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 (l), 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 2964/91 (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 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 O OJ No L 266, 28 . 9. 1983, p. 1 . for determining the world market price, that price should (4) OJ No L 282, 10 . 10. 1991 , p. 15.

No L 303/36 Official Journal of the European Communities 1 . 11 . 91

Whereas Article 37 of Regulation (EEC) No 2681 /83 Article 6 (1) of Regulation (EEC) No 1677/85 (4), as provides that the corrective amount must be equal to the last amended by Regulation (EEC) No 2205/90 (*) ; difference between the world market price for colza, rape and sunflower seeds and the forward price for those seeds (b) for Member States other than those referred to in (a), valid for a shipment effected during the month in which the difference between : the seeds were placed under control at an oil mill, those — the agricultural conversion rate, and prices being determined in accordance with Articles 1 , 4 and 5 of Regulation No 115/67/EEC ; whereas, if no offer — the average rate of the ecu as published in the C and no price can be used for such determination, the Series of the Official Journal of the European method of calculation provided for in Article 37 of Regu­ Communities during a period to be determined lation (EEC) No 2681 /83 should be used ; whereas the multiplied by the factor referred to in the second abovementioned difference may be adjusted in accordance indent of point (a); with Article 38 of Regulation (EEC) No 2681 /83, account being taken of the prices of the main competing cereals ; Whereas Regulation (EEC) No 1813/84 specifies the spot and forward exchange rates and the period to be used for 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 the aid for colza, rape or sunflower seed be, must be used ; harvested or processed in Spain or Portugal is to be adjusted as provided for in Council Regulation (EEC) No 478/86 (') ; whereas this aid is, for seed harvested in these Whereas the subsidy should be fixed whenever the Member States, to be determined in line with the provi­ market situation makes it necessary and in such a way as sions of Articles 95 (2) and (3) and 293 (2) and (3) of the to ensure its being applied at least once a week ; whereas Act of Accession : the subsidy may be altered whenever it becomes obvious that such alteration is necessary ;

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 Whereas Article 33 of Regulation (EEC) No 2681 /83 the amount of the subsidy in ecus and the amount of the provides for the publication of the amount of the final subsidy in each of the national currencies must be fixed subsidy obtained from the conversion into each of the in accordance with the Annex to this Regulation ; national currencies of the amount in ecus resulting from whereas, pursuant to the same Article, the spot and the calculation referred to above plus or minus the diffe­ forward exchange rates for the ecu in national currencies rential amount ; whereas Article 1 of Commission Regula­ determined in accordance with Article 4 of Regulation tion (EEC) No 1813/84 (2), as last amended by Regulation (EEC) No 1813/84 must also be published, (EEC) No 1539/90 (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 1 569/72 ; whereas, according to these provisions, this percentage represents :

Article1¶

(a) for those Member States whose currencies are main­ 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 Article 2

— the conversion rate resulting from the central rate multiplied by the correcting factor referred to in This Regulation shall enter into force on 1 November 1991 . 0 OJ No L 53, 1 . 3 . 1986, p. 55. 0 OJ No L 170, 29. 6. 1984, p. 41 . (4) OJ No L 164, 24. 6. 1985, p. 6. 0 OJ No L 145, 8. 6. 1990, p. 20. 0 OJ No L 201 , 31 . 7. 1990, p. 9 .

1 . 11 . 91 Official Journal of the European Communities No L 303/37

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

Done at Brussels, 31 October 1991 .

For the Commission Ray MAC SHARRY Member of the Commission

No L 303/38 Official Journal of the European Communities 1 . 11 . 91

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 11 12 1 2 3 4

1 . Gross aids (ECU): — Spain 15,513 15,711 15,959 15,987 14,755 15,033 — Portugal 24,593 24,791 25,039 25,067 23,835 24,113 — Other Member States 15,513 15,711 15,959 15,987 14,755 15,033 2. Final aids : Seed harvested and processed in : — Federal Republic of Germany (DM) 36,52 36,99 37,57 37,64 34,74 35,39 — Netherlands (Fl) 41,15 41,67 42,33 42,41 39,14 39,88 — BLEU (Bfrs/Lfrs) 753,25 762,87 774,91 776,27 716,45 729,95 — France (FF) 122,48 124,05 126,01 126,23 116,50 118,70 — Denmark (Dkr) 139,31 141,08 143,31 143,56 132,50 134,99 — Ireland (£ Irl) 13,632 13,806 14,024 14,049 12,966 13,211 — United Kingdom (£) 12,179 12,336 12,533 12,553 11,558 11,780 — Italy (Lit) 27 325 27 674 28 111 28 160 25 990 26 445 — Greece (Dr) 3 758,06 3 792,18 3 818,90 3 785,01 3 451,18 3 393,00 — Spain (Pta) 2 390,80 2 420,81 2 458,19 2 459,48 2 278,21 2 306,17 — Portugal (Esc) 5 210,63 5 252,20 5 303,91 5 305,58 5 056,13 5 088,64

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 11 12 1 2 3 4

1 . Gross aids (ECU) : — Spain 16,763 16,961 17,209 17,237 16,005 16,283 — Portugal 25,843 26,041 26,289 26,317 25,085 25,363 — Other Member States 16,763 16,961 17,209 17,237 16,005 16,283 2. Final aids : Seed harvested and processed in : — Federal Republic of Germany (DM) 39,46 39,93 40,51 40,58 37,68 38,33 — Netherlands (Fl) 44,46 44,99 45,65 45,72 42,45 43,19 — BLEU (Bfrs/Lfrs) 813,95 823,56 835,61 836,96 777,14 790,64 — France (FF) 132,35 133,92 135,88 136,10 126,37 128,56 — Denmark (Dkr) 150,53 15231 154,53 154,79 143,72 146,22 — Ireland (£ Irl) 14,731 14,905 15,123 15,147 14,065 14,309 — United Kingdom (£) 13,173 13,330 13,528 13,548 12,552 12,774 — Italy (Lit) 29 527 29 876 30 313 30 362 28 192 28 647 — Greece (Dr) 4 073,22 4 107,33 4 134,05 4 100,16 3 766,33 3 708,15 . — Spain (Pta) 2 579,33 2 609,34 2 646,73 2 648,01 2 466,75 2 494,70 — Portugal (Esc) 5 471,48 5 513,04 5 564,76 5 566,43 5 316,98 5 349,49

1 . 11 . 91 Official Journal of the European Communities No L 303/39

ANNEX III

Aids to sunflower seed

(amounts per 100 kg) Current 1st period 2nd period 3rd period 4th period 11 12 1 2 3

1 . Gross aids (ECU): — Spain 25,665 26,115 26,446 27,125 26,437 — Portugal 32,558 33,305 33,636 34,309 33,640 — Other Member States 14,428 14,875 15,206 15,879 15,210 2. Final aids : (a) Seed harvested and processed in (') :

— Federal Republic of Germany (DM) 33,97 35,02 35,80 37,38 35,81 — Netherlands (Fl) 38,27 39,46 40,33 42,12 40,35 — BLEU (Bfrs/Lfrs) 700,57 722,27 738,35 771,03 738,54 — France (FF) 113,92 117,45 120,06 125,37 120,09 — Denmark (Dkr) 129,56 133,58 136,55 142,59 136,58 — Ireland (£ Irl) 12,679 13,072 13,363 13,954 13,366 — United Kingdom (£) 11,270 11,627 11,891 12,430 11,888 — Italy (Lit) 25 414 26 202 26 785 27 970 26 792 — Greece (Dr) 3 440,59 3 535,31 3 573,66 3 701,64 3 517,90 — Portugal (Esc) 6 953,04 7 045,44 7114,27 7 246,33 7 111,69 (b) Seed harvested in Spain and processed : — in Spain (Pta) 3 933,18 4 000,39 4 050,17 4 147,10 4 046,40 — in another Member State (Pta) 4 001,42 4 068,31 4118,09 4 214,19 4 116,24

(') 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 die currency of die processing country when the latter is a country other than die country of production (value of ECU 1) Current 1st period 2nd period 3rd period 4th period 5th period 11 12 1 2 3 4 \

DM 2,047450 2,046450 2,045570 2,044990 2,044990 2,042880 Fl 2,306790 2,305680 2,304520 2,303720 2,303720 2,301330 Bfrs/Lfrs 42,134700 42,114700 42,091800 42,069000 42,069000 42,013200 FF 6,988970 6,984370 6,979980 6,975830 6,975830 6,965160 Dkr 7,930120 7,926340 7,923230 7,917930 7,917930 7,909640 £Irl 0,765812 0,765590 0,765144 0,765143 0,765143 0,763674 £ 0,703410 0,703814 0,704168 0,704253 0,704253 0,704516 Lit 1 529,97 1 531,48 1 533,15 1 534,72 1 534,72 1 539,41 Dr 228,86600 230,91700 233,03400 235,25200 235,25200 242,11800 Esc 176,03700 176,42700 176,82300 177,23100 177,23100 178,57800 Pta 128,81200 129,13000 129,41100 129,65600 129,65600 130,35100