COMMISSION REGULATION (EC) No 297/96 of 16 February 1996 establishing final regional reference amounts for producers of soya beans, rape seed, colza seed and sunflower seed for the 1995/96 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1765/92 of 30 June 1992 establishing a support system for producers of certain agricultural crops (1), as last amended by Council Regulation (EC) No 2989/95 (2), and in particular Article 12 thereof,

Whereas Article 5 (1) (d) of Regulation (EEC) No 1765/92 specifies that the Commission must calculate a final regional reference amount based on the observed reference price for oil seeds by substituting the observed reference price for the projected reference price; whereas the Commission has determined the observed price using the information supplied pursuant to Commission Regulation (EC) No 3405/93 (3);

Whereas the area mentioned in Article 5 (1) (f) of Regulation (EEC) No 1765/92 for which the oilseeds compensatory payment is paid, does not exceed, after the application of Article 2 (6), the maximum guaranteed area; whereas, in accordance with Article 5 (1) (f) of Regulation (EEC) No 1765/92, there is no need to reduce the final regional reference amounts;

Whereas the ceiling applicable for irrigated soya in France, as fixed in Article 2 of Commission Regulation (EC) No 2715/94 (4), as last amended by Commission Regulation (EC) No 1799/95 (5), has not been exceeded; whereas in accordance with the first sentence of the sixth subparagraph of Article 3 (1) of Regulation (EEC) No 1765/92, there is no need to reduce the final regional reference amounts;

Whereas the maximum guaranteed area has not been exceeded for the 1995/96 marketing year; whereas the Commission, in accordance with Article 5 (1) (h) of Regulation (EEC) No 1765/92, has decided not to apply the sanctions applicable in the 1994/95 marketing year in the current marketing year;

Whereas in accordance with Article 3 of Commission Regulation (EC) No 240/95 (6) certain producers received an advance payment based on an estimated projected regional reference amount before the Commission had established the Regional Reference Amounts for the 1995/96 marketing year pursuant to Article 1 (2) of Commission Regulation (EC) No 1747/95 (7); whereas all other producers received an advance payment at the level established in Article 2 of Regulation (EC) No 1747/95;

Whereas Article 8 (1) of Commission Regulation (EEC) No 2294/92 of 31 July 1992 on detailed rules for the application of the support system for producers of the oil seeds referred to in Council Regulation (EEC) No 1765/92 (8), as last amended by Regulation (EC) No 2989/95 (9), specifies that the agricultural conversion rate valid on the first day of the marketing year in question must be used for all payments made in the course of that year;

Whereas the Joint Management Committee for Cereals, Oils and Fats and Dried Fodder has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

1. A succinct explanation of the calculation of the final regional reference amounts, as required by Article 5 (3) of Regulation (EEC) No 1765/92, is set out in Annex I.

2. The final regional reference amounts for the 1995/96 marketing year shall be as set out in Annex II.

3. In calculating the final compensatory payment to be made to the producers of oil seeds referred to in Article 11 (4) of Regulation (EEC) No 1765/92, the competent authority shall take account of:

(a) any reduction of the eligible area and of the level of the compensatory payment; and

(b) any advance payment made in accordance with Article 3 of Regulation (EC) No 240/95 or Article 2 of Regulation (EC) No 1747/95.

Article 2

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

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

Done at Brussels, 16 February 1996.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ No L 181, 1. 7. 1992, p. 12.

(2) OJ No L 312, 23. 12. 1995, p. 5.

(3) OJ No L 310, 14. 12. 1993, p. 10.

(4) OJ No L 288, 9. 11. 1994, p. 11.

(5) OJ No L 174, 26. 7. 1995, p. 22.

(6) OJ No L 29, 8. 2. 1995, p. 2.

(7) OJ No L 169, 19. 7. 1995, p. 6.

(8) OJ No L 221, 6. 8. 1992, p. 22.

(9) OJ No L 312, 23. 12. 1995, p. 5.

ANNEX I

A SUCCINCT EXPLANATION OF THE CALCULATION OF THE FINAL REGIONAL REFERENCE AMOUNT FOR PRODUCERS OF OIL SEEDS FOR THE 1995/96 MARKETING YEAR

Adjustment of support payments pursuant to the terms of Article 5 (1) (d) of Regulation (EEC) No 1765/92 - Final regional reference amounts

1. The observed reference price for oil seeds, which represents the average price recorded on representative markets during the 1995/96 marketing year, has been assessed at ECU 222,268 per tonne. This observed reference price has been calculated using offers and prices reported by Member States in accordance with the terms of Regulation (EC) No 3405/93.

2. The level of the observed reference price is such that it is necessary to reduce the projected level of the compensatory payments made to oil seed producers pursuant to the terms of Article 5 of Regulation (EEC) No 1765/92 by 4 %. The final regional reference amounts shall be established at a level 4 % lower than the Projected Regional Reference Amounts established by Regulation (EC) No 1747/95.

ANNEX II

>TABLE>