Proposal for a COUNCIL REGULATION ( EEC ) establishing a support system for soya beans, rape-seed and sunflower-seed
Date: 1991-08-29
Institutions: European Commission
Subjects: EU aid, area of holding, regional aid, soya bean, sunflower

COMMISSION OP THE EUROPEAN COMMUNITIES 

C0M(91) 318 final 

Brussels, 31 July 1991 

Proposal  for a 

COUNCIL REGULATION (EEC) 

establishing a support system for soya beans, 

rapaseed and sunflowerseed 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

Subject : Future  Support  for  Producers  of  Oilseeds 

A.  Introduction 

1.  In  the  communication  of  the  Commission  to  the  Council  (COM[91]100  of  1 
February  1991) and  the  follow-up  document  (C0M[91]258) of  11  July  1991), 
the  Commission  set  out  its  reflections  on  the  present  state  of  the 
Common  Agricultural  Policy,  why  it  needed  fundamental  change  and  the 
direction  of  change. 

2. The  Commission  concluded  that  existing  price  guarantees,  through  their 
direct  link  to  production,  provide  no  solution  to  the  problems  of  farm 
incomes  generally  and  were  insensitive  to  the  dual  role  of  farmers  as 
providers  of  primary  products  and  managers  of  the  countryside.  In 
particular, 
prices  with 
advocates 
substantial  compensation  for  farmers  in  the  form  of  a  system  of  direct 
payments. 

the  Commission 

lower  market 

3.  In  the  particular  case  of  oilseeds,  the  Community  has  accepted  the 
conclusions  of  a  GATT  Panel,  colloquially  known  as  the  Soya  Panel;  the 
text  of  the  Conclusions  (in  English)  are  reproduced  in  Annex  I.  In 
its  support 
consequence,  the  Community  has  undertaken  to  adapt 
arrangements  for  oilseeds  in  order  to  bring  the  relevant  Regulations 
Into conformity  with  the General  Agreement. 

4. As  part  of  the  deliberations  on  the  1991/92  proposals  on  prices  and 
related  measures,  the  Commission  undertook  to  table  proposals  to  reform 
the  support  arrangements  for  oilseeds by  31  July  1991, while  the Council 
pledged  that  it  would  take  the  necessary  decisions  by  31  October  1991. 
This  document  fulfills  the undertaking  given  by  the  Commission. 

-  2 -

5. The  Commission  has  recently  tabled  its  proposals  for  "The  Development 
and  Future  of  the  Common  Agricultural  Policy"  (C0M[91]258)  of  11  July 
1991).  The  relevant  proposals  for oilseeds  are  set  out  on  pages  9  to 11, 
notably: 

"...  support  for  oilseeds  ...  will  be provided  fully  in the  form  of  a 
standardized  compensatory  payment  system  with  per  hectare  aids  paid 
traditional 
direct 
institutional  prices will  be  redundant  and  will  no  longer  apply. 

In  this  context, 

the  producer. 

the 

to 

A  reference  price  for  the  world  market  will  be  established  for  the 
purpose  of  calculation of  the  compensatory  amounts. 

In  line  with  the  requirements  of  the  reformed  market  organization, 
new market  management  instruments  will  be  developed  by  the  Commission 
to  facilitate  the orderly  marketing  of  each  crop 

The  current  Maximum  Guaranteed  Quantities  and  their  associated 
stabilizer  mechanisms  are  based  on  the  traditional  system  of 
institutional  prices.  These  mechanisms  will  expire  with  the  full 
implementation  of  the  new  common  market  organization." 

Vegetable  pi is 

6.  The  European  Community  is  a  major  importer  of  vegetable  oils  (measured 
in  terms  of  oils  and  oilbearing  seeds  for  the  production  of  oil) 
importing  (nett)  40% of  its  requirements,  48%  if one  excludes  olive  oil 
from  the  balance.  Some  imports  of  vegetable  oils  are  subject  to  an  ad 
valorem  duty  of  10%. 

QiImeals 

7.  The  compound  feed  industry  of  the  European  Community  is a major  user  of 
oilmeals.  The  demand  for  oilmeals,  notably  soyameal  has  continued  to 
grow  as  graphic  number  1  illustrates.  Suffice  to  say  that  out  of  an 
estimated  demand  of  over  30  Mio  t,  imports  account  for  over  75%;  and 
that  mostly  soya.  Imports of  oiimeals  are  duty  free. 

Q»I seeds 

8. The  Community  support  system  for  the  producers  of  oilseeds  has  hitherto 
been  based  on  the  principle  of  supporting  the  price  for  oilseeds 
harvested  in  the  Community  and  applied  to  each  tonne  of  produce 
marketed.  However,  for  administrative  convenience  this support  has  been 
channelled  through  the  hands  of  a  limited  number  of  operators,  notably 
processors  or  first  buyers,  rather  than  directly  to producers. 

-  3  -

While  oilseeds  have  always  been  grown  in  Western  Europe,  a  substantial 
increase  in  plantings  occurred  from  1984  and  onwards  as  graphics  2,  3 
and  4  illustrate.  The  increased  interest  In  cultivating  these  crops 
coincided  with  improved  varieties  and  cultivation  techniques  leading  to 
higher  yields.  The  rate  of  expansion  was  sharply  curtailed  by  the 
implementation  of  the  current  stabilizer  arrangements  from  the  beginning 
of  the  1988/89  marketing  year,  which  has  led  to  sharp  reductions  in 
support  per  tonne  (for  1990/91:  Rapeseed  Intervention  Buying  In  Price 
-18%,  Sunflower  Seed  Intervention  Buying  In  Price  -24%,  Soyabeans 
Minimum  Price  - 3 4 % ).  The  historical  development  is shown  in graphic  5. 

B.  The  content  of  the  proposal  (see  also  attached  draft  regulation) 

1.  This  proposal  is  a  measure  implementing  a  "compensatory  payment  system 
with  per  hectare  aids  paid  direct  to  the  producer."  This  proposal  would 
have  the  advantage  of  providing  a  more  stable  income  to  producers, 
largely  independent  of  the  volume  of  oilseeds  which  they  harvest  in  a 
particular  year.  On  the  one  hand,  the  compensatory  payment  will  only 
compensate  partially  for  the  movements  in  world  market  prices.  On  the 
other  hand,  these  proposals  offer  producers  more  stable  receipts. 

2.  This  proposal  applies  to  Oilseeds  (defined  for  the  purposes  of  this 
regime  as  Rapeseed,  Sunflower  Seed  and  Soyabeans)  harvested  after  30 
June  1992.  Because  of  the  residual  rights  of  those  holding  old  stocks 
(farmers,  merchants,  traders,  industrialists,  public  authorities)  the 
current  legislative  arrangements  will  be  cancelled  at  a  later  date  once 
they  are  completely  redundant.  Any  operator  wishing  to  benefit  from  the 
continued  application  of  the  present  provisions  will  be  obliged  to 
prove  that  the  merchandise  in  question  was  harvested  prior  to  the 
beginning  of  the  1992/93  marketing  year  notably  by  meeting  the  current 
"identification"  conditions. 

Mechanism  to  establish  the  direct  aid  scheme  of  compensatory  payments 

3.  The  objective  is  to  provide  an  aid  for  oilseeds  which  as  between 
oilseeds  and  cereals  does  not  provide  a  particular  incentive  to  opt  for 
one  crop  rather  than  another.  To  achieve  this  objective,  it  has  been 
calculated,  requires  a  price  relationship  of  2.1:1.  The  "compensatory 
payment  system"  will  be  based  on  a  regionalized  system  of  per  hectare 
aids,  paid  directly  to  the  producers. 

4.  In order  to  calculate  the  aid,  it  is  necessary  to  prescribe  a  Projected 
Reference  Price  (currently  announced  as  163  Ecu/t)  defined  as  the 
expected  medium  term  equilibrium  price  for  oilseeds  (notably  soyabeans) 
on  a  stabilized  world  market.  This  represents  the  approximate  price 
which  a  producer  might  expect  to  receive  for  his  produce. 

5.  Since  the  objective  is  to  not  provide  a  particular  incentive  to  opt  for 
one  crop  as  opposed  to  another,  producers  will  require  a  compensatory 
payment  (per  hectare)  in  order  to  maintain  their  incomes.  It  has  been 
calculated  that  based  on  the  EC  average  yield  for  cereals  (4.6  t/ha)  and 
oilseeds  (2.36  t/ha)  the  Community  Reference  Amount  for  oilseeds  should 
be  set  at  384  Ecu/ha  taking  account  of  the  Projected  Reference  Price 
(see  below). 

-  5 

6.  Because  of  the  substantial  regional  variations  which  exist,  the  aid 
should  be  regionalized  in  order  to  reduce  the  risk  of  systematic  over-
or  under-compensation  of  producers.  Since  a  strong  correlation  exists 
between  the  yields  of  cereals  and  oilseeds  in  various  regions,  it  is 
proposed  to  correct  the  Community  Reference  Amount  for  oilseeds 
according  to  the  regional  yield  for  cereals  (compared  with  the  Community 
average),  i.e.  if  the  regional  yield  for  cereals  is double  the  Community 
average,  oilseeds  producers  in  that  region  would  receive  double  the 
Community  Reference  Amount  per  hectare;  if  the  cereals  yield  was  half, 
they  would  receive  half  the  Community  Reference  Amount. 

7.  The  regionalization  plan: 

-  for  the  purposes  of  establishing  the  aid  to  be  paid  per  hectare,  each 
Member  State  will  draw  up  a  regionalization(*)  plan  for  its  territory 
which  must  be  submitted  to  the  Commission;  each  Member  State  should 
submit  this  plan  and  the  criteria  upon  which  the  regions  are  based 
before  15  November  1991. 

-  Member  States  shall  submit  all  relevant  supporting  information  to  the 

Commission  notably  statistics  of  area,  production  and  yield; 

-  each  region(*) must  be of  a minimum  size,  for  which  a  historical  three 
year  average  cereals  yield  (and  if  possible  oilseed  yields  including 
where  appropriate  for  each  individual  oilseed)  will  be  calculated. 
This  should  be  based  on  the  average  of  three  of  the  last  five 
marketing  years  (1986/87  to  1990/91)  i.e.  after  eliminating  the  lowest 
and  the  highest  figure.  This  regional  average  yield  will  be  the  basis 
for  translating  the  Community  compensatory  payment  into  a  personalized 
payment ; 

-  the  regionalization  plan  may  be  revised. 

-  the  Commission  will  verify  that  the  regionalization  programmes  are 
consistent  with  the  historical  references  for  each  Member  State  and 
the  Community,  notably  the  average  yields  for  cereals  (EC  average  4.6 
tonnes/hectare)  and  oilseeds  (EC  average  2.36 tonnes/hectare). 

(*)  The  term  'region"  is  intended  to  provide  the  necessary  flexibility  for  the 
recognition  of  distinctive  homogeneous  zones  and  allow  for  specific 
structural  characteristics  that  influence  yields  (e.g.  soil  fertility). 

-  6  -

The  aid  calculation 

8.  The  Commission  aid  calculation  is made  in  two  stages: 

-  a  provisional  calculation  made  on  the  basis  of  the  Projected  Reference 

Price  (currently  announced  as  163  Ecu/t); 

-  a  final  calculation  (made  about  half  way  through  the  marketing  year) 

made  on  the  basis  of  the Observed  Reference  Price. 

9.  The  provisional  calculation  leads  to  a  provisional  aid  (per  hectare) 

which  will  be  regionalized  according  to  the  regionalization  plans. 

10.  The  final  calculation  (made  by  the  Commission  about  half  way  through  the 

marketing  year) will  also be  regionalized. 

11.  However,  when  making  the  final  calculation,  the  Commission  shall  not 
take  account  of  price  variations  within  8%  of  the  Projected  Reference 
Price.  Exceptionally,  notably  for  the  first  year,  the  Commission  may 
make  the  final  calculation  separately  for  each  oilseed,  in  order  to 
avoid  favouring  one  oilseed  rather  than  another  and  to  take  account  of 
the  possible  application  of  the Maximum  Guaranteed  Area  system. 

Payments 

12.  The  aid  for  oilseeds  will  be  paid  in  two  parts.  The  first  part  may  be 
paid  after  the  crop  has  been  planted  but  before  it  is  harvested, 
provided  that  the  grower  is  the  holder  of  an  appropriate  cultivation 
contract  from  an  approved  first  buyer  ox  if  the  grower  has  already 
deposited  a  precise  cultivation  plan  with  the  relevant  national 
organization.  Following  the  final  calculation,  the  second  part  of  the 
aid  will  be  payable  during  the  second  part  of  the  marketing  year  (see 
paragraph  11). 

13.  No  aid  shall  be  payable  for  any  application  lodged  after  the  30  April 
preceding  the  marketing  year,  by  which  time  the  seed  must  have  been 
planted,  i.e.  no  payments  will  be  made  for  catch-cropping.  However, 
should  exceptional  weather  conditions  delay  planting  of  Spring  sown 
oilseeds,  notably  rapeseed,  this  date  may  be  varied  for  specific 
reasons. 

14.  Payments  may  be  enhanced  a  manner  conducive  to  orderly  marketing.  In 
particular  a  bonus  will  be  paid  to  producers  who  can  demonstrate  that 
they  delayed  selling  their  crop.  For  illustrative  purposes  this  has  been 
calculated  as  an  average  10  Ecu/ha  for  a  3 month  delay  or  20  Ecu/ha  for 
a  6 month  delay. 

7 -

15.  Payments  will  be  financed  by  FEOGA  Guarantee. 

16.  To  ensure  that  the  system  is  implemented  as  intended,  payments  should  be 
made  within  90  days of  the  date  when  entitlement  is established.  If  this 
timetable  is  not  respected,  the  total  amount  due  will  no  longer  be 
eligible  for  reimbursement  by  FEOGA  Guarantee. 

Other  provisions  (transitional  arrangements) 

Spain  and  Portugal 

17.  Until  the  end  of  the  transitional  period  foreseen  by  the  Treaty  of 
Accession,  producers  of  Sunflower  Seed  in  these  countries  will  continue 
to  benefit  from  a  separate  calculation.  This  will  be  made  in  the  form 
of  a  standard  bonus,  calculated  annually  by  the  Commission  to  reflect 
the  differential  foreseen  in current  legislation. 

Maximum  Guaranteed  Area 

for  producers  of  crops  (proposed  by  the  Commission 

18.  Temporarily,  pending  the  application  of  the  integrated  approach  to 
support 
in 
C0M[91]258),  an  analogous  stabilizer  based  on  area  planted  will  apply; 
instead  of  the  existing  stabilizer  arrangements  which  are  related  to 
quantities.  However,  since  the  system  is  intended  as  a  budgetary  safety 
net,  the  Maximum  Guaranteed  Area  is  set  at  the  current  level  of 
plantings  except  for  producers  of  sunflower  seed  in  Spain  and  Portugal 
who  will  continue  to  be  subject  to  a  separate  quarantee  threshold.  In 
addition,  aid  will  only  be  paid  on  land  previously  cultivated  (i.e. 
areas  not  cultivated  with  arable  crops  during  the  reference  years 
(1989/90  to  1990/91),  with  the  exception  of  an  area  that  has  been  set 
aside  in  previous  years  under  publicly  funded  setaside  arrangements, 
will  not  be  eligible  for aid). 

Oilseed  Rape  - Quality  Policy 

19.  Access  to  the  aid  for  growers  of  oilseed  rape  will  in  future  be 
restricted  to  those  using  certified  seed  (from  the  national  list)  which 
has  been  demonstrated  to  normally  produce  a  harvest  of  less  than 
25  fM moles  of  glucosinolates.  This  standard  may  be  reinforced  over  time 
in  the  light  of  scientific  progress  and  market  developments. 

8 -

20.  Since  growers  may  already  have  committed  themselves  to  planting  other 
seed  in  1991, exceptionally  for  the  first  marketing  year  (1992/93) other 
seed  may  be  tolerated,  subject  to appropriate  checks  being  made. 

21.  In  such  circumstances,  the  aid  will  only  be  paid  after  completion  of 

such  checks. 

22.  The  same  provisions  are  made  in  order  to  continue  to  support  the 
cultivation  of  HEAR,  rapeseed  varieties  rich  in erucic  acid,  grown  under 
contract  for  industrial  purposes. 

Other 

23.  The  new  support  arrangements  will  require  additional  administrative 
mechanisms  and  in particular  new  control  procedures. These  subjects  will 
be  examined  in  depth  by  the  services  of  the  Commission,  in  conjunction 
with  the  representatives  of  national  administrations,  on  the  basis  of 
the  experience  developed  in  the  light  of  R/2069/91/EC  (the  detailed 
rules  for  the  temporary  fallowing  scheme  approved  in  1991). 

24.  The  Commission  will  continue  to  be  aided  by  the  Management  Committee  on 

'0iIs  and  Fats'. 

9  -

ANNEX 

CONCLUSIONS  (of  the  GATT  Panel) 

155.  The  panel  found  that  the  Community  Regulations  providing  for 
payments  to  seed  processors  conditional  on  the  purchase  of  oilseeds 
originating  in  the  Community  are  inconsistent  with  Article  III-.4 of  the 
General  Agreement,  according  to  which  imported  products  shall  be  given 
treatment  no  less  favourable  than  that  accorded  to  like  domestic 
products 
internal 
in  respect  of  all  regulations  affecting  their 
purchase.  The  Panel  recommends  that  the  CONTRACTING  PARTIES  request  the 
Community  to  bring  these  Regulations  into  conformity  with  the  General 
Agreement. 

156.  The  Panel  further  found  that  benefits  accruing  to  the  United  States 
under  Article  II  of  the  General  Agreement  in  respect  of  the  zero  tariff 
bindings  for  oilseeds  in  the  Community  Schedule  of  Concessions  were 
impaired  as  a  result  of  the  introduction  of  production  subsidy  schemes 
which  operate  to  protect  Community  producers  of  oilseeds  completely  from 
the  movement  of  prices  of  imports  and  thereby  prevent  the  tariff 
concessions  from  having  any  impact  on  the  competitive  relationship 
between  domestic  and  imported  oilseeds.  The  Panel  recommends  that  the 
CONTRACTING  PARTIES  suggest  that  the  Community  consider  ways  and  means 
to eliminate  the  impairment  of  its  tariff  concessions  for  oilseeds. 

157.  The  Panel  finally  considered  that,  as  the  inconsistency  with 
Article  lll:4  and  the  impairment  of  the  tariff  concessions  arise  from 
the  same  Community  Regulations,  a  modification  of  these  Regulations  in 
the  light  of  Article  lll:4  could  also  eliminate  the  impairment  of  the 
tariff  concessions.  The  Panel  therefore  recommends  that  the  CONTRACTING 
PARTIES  take  no  further  action  under  Article  XXI I 1:2  in  relation  to  the 
impairment  of  the  tariff  concessions  until  the  Community  has  had  a 
reasonable  opportunity  to  adjust  its  Regulations  to  conform  to  Article 
I I 1:4. 

EC - IMPORTS of Soya 

GRAPH  1 

25ooo 

20000 

15oooh 

10oooh 

5ooo h 

0 

1966 

Soya- Eur12 

GRAPH  2 

2500 

2000  h 

1500  h 

1000  h 

500  h 

Rapeseed - EurlO 

GRAPH  3 

1981 

82 

83 

84 

85 

86 

87 

88 

89 

1990 

3500 

Sunflower- EurlO 

GRAPH  4 

CEE - Graines  Oléagineuses 
Prix de Soutien Effectifs  (1) 

ECU/100 Kg 
55 

GRAPH  5 

50  h 

45 

40  h 

35 

30 

1980/81 

8 1 / 82 

8 2 / 83 

8 3 / 84 

8 4 / 85 

1985/86 

8 6 / 87 

8 7 / 88 

8 8 / 89 

89/90  1990/91 

CAMPAGNES DE COMMERCIALISATION 

(1)  -Colza et tournesol  : prix "d'achat à l'Intervention"  (à partir de la campggne 1987/88) 

incluant également les abattements QMG. 
-Soja : prix minimal, tenant compte des abattements QMG. 

1  -

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

establishing  a support  system  for  soya  beans, 

rapeseed  and  sunflowerseed 

THE  COUNCIL  OF  THE  EUROPEAN  ECONOMIC  COMMUNITY, 

Having  regard  to  the  Treaty  establishing  the  European  Economic 

Community,  and  in particular  Articles  42 and  43  thereof, 

Having  regard  to  the proposai  from  the  Commission, 

Having  regard  to  the Opinion  of  the  European  Parliament, 

Whereas  a  new  support  system  for  the  producers  of  soya  beans,  rapeseed 

and  sunflowerseed  harvested  within  the  Community, 

has  to  be 

established;  whereas  the  best  way  to  achieve  this  objective  is  to 

provide  tor  a  compensatory  payment  for  producers  who  sow  and  intend  to 

harvest  such  products; whereas  this  system  shall  be applied  with  effect 

from  those  plantings  intended  for  harvest  in  1992  thereby  superseding 

the  provisions  relating  to  oilseeds  aids  contained 

in  Council 

Regulation  136/66/EEC  and  Council  Regulation  (EEC) 1491/85; 

Whereas  such  compensatory  payments  should  reflect  the  specific 

structural  characteristics  that  influence  yields  and  that  the  drawing 

up of  a  regionalization  plan  based  on objective  criteria  should  be  left 

to  the  Member  States;  whereas  the  regionalization  plans  must  be 

consistent  with  the  average  yields  of  each  region  achieved  in  a  given 

period;  whereas  a  specific  procedure  should  be  provided  in  order  to 

examine  these  plans on  the Community  level; 

Whereas  in order  to calculate  a compensatory  payment  it  is necessary  to 

establish  a  Projected  Reference  Price,  a  Community  Reference  Amount, 

the calculation  method  and  appropriate  corrective  measures; 

_ 2 -

Whereas  it  is necessary  to specify  when  producers  shall  be  paid; 

Whereas  rules  must  be  established  in  order  to  take  into  account  the 

specific  situation  in Spain  and  Portugal; 

Whereas  as  long  as  an  integrated  approach  to  support  for  the  producers 

of  arable  crops  as proposed  by  the Commission  is not  in application,  it 

seems  appropriate  to ensure  a system  of  Maximum  Guaranteed  Areas; 

Whereas  a quality  policy  for  rapeseed  is  required; 

Whereas  the Member  States  should  enact  appropriate measures  in order  to 

ensure  the  respect  of  Community  legislation  concerning  oilseeds; 

Whereas  it  is  necessary  to  provide  for  transitional  measures,  in 

particular  to  preserve  the  acquired  rights  of  operators  holding  stocks 

of  oilseeds on  30 June  1992 as  foreseen  by  the  Treaty  of  Accession; 

HAS ADOPTED  THIS  REGULATION  ; 

Article 1 

1.  This  regulation  hereby  establishes  a  support  system  for  producers 

of  soya  beans,  rapeseed  and  sunflowerseed. 

2.  This  system  shall  be  applied  with  effect  from  those  plantings 

intended  for  harvest  in  1992  thereby  superseding  the  provisions 

relating  to  oilseeds  aids  contained 

in  Council 

Regulation 

136/66/EEC  and  Council  Regulation  (EEC)  1491/85. 

3.  The marketing  year  for  the  products  listed  in paragraph  1 shall  run 

from  1 July  to  30  June. 

-  3  ~ 

Art icle  2 

1.  Producers  established  in  the  Community  who  sow  and  intend  to 

harvest  the  products  listed  in Article  1 shall  be  entitled  to  apply 

for  a  compensatory  payment.  The  compensatory  payment  shall  be  paid 

directly  to  the  producer  who  makes  the  application,  provided  that 

entitlement  to  the  payment  is  recognized  by  the  Member  State  on 

whose  territory  the  production  holding  is  located. 

2.  In order  to  qualify  for  payment  of  the  compensatory  aid,  a  producer 

must,  by,  at  the  latest  the  30  April  preceding  the  marketing  year 

in which  the  product  is  to be  harvested; 

-  have  sown  the  seed 

-  have  lodged  an  application  in accordance  with  Article  5 

paragraph  3. 

3.  The  application  must  be  accompanied  by  the  references  enabling  the 

planted  area  to  be  identified.  Applications  may  only  be  made  in 

respect  of  arable  land  cultivated  during  the  period  1989/90  -

1990/91,  including  land  fallowed  in  conformity  with  a  publicly 

funded  scheme. 

Article  3 

Each  Member  State  shall  establish  a  regionalization  plan  setting 

out  the  criteria  for  the  establishment  of  separate  production 

regions.  The  criteria  used  must  be  appropriate,  objective  and 

provide 

the 

necessary 

flexibility 

for 

the 

recognition 

of 

distinctive  homogenous  zones  of  a  minimum  size  and  allow  for 

specific  structural  characteristics  that  influence  yields  such  as 

soil  fertility. 

-  4 

2.  For  each  production  region,  the  Member  State  shall  give  details  of 

the  areas  and  yields  of  cereals  and  oilseeds  produced  in  that 

region  during  the  five  year  period  1986/87  -  1990/91.  An  average 

cereals  yield  shall  be  calculated  for  each  region  by  excluding  the 

year  with  the  highest  and  the  year  with  the  lowest  yield  during 

that  period. 

3.  Member  States  shall  submit  their  regionalization  plan  to  the 

Commission  by  15  November  1991  together  with  all  available 

supporting  information. 

4.  The  Commission  shall  examine  the  regionalization  plans  submitted  by 

the  Member  States  and  shall  ensure  that  each  plan  is  based  on 

appropriate,  objective  criteria  and  is  consistent  with  available 

historical  information,  notably  the  Community  average  yield  for 

cereals  (4.6  tonnes/hectare)  and  oilseeds  (2.36  tonnes/hectare). 

Plans  which  are  not  in  conformity  or  not  compatible  with  the 

average  yield  shall  be  subject  to  adjustment  by  the  Member  State 

concerned  after  consultation  with  the  Commission. 

5.  The  regionalization  plan  may  be  revised  by  the  Member  State 

concerned  at  the  request  of  the  Commission  in  accordance  with  the 

same  procedure  as outlined  in the  preceding  paragraphs. 

Article  4 

1.  A  Projected  Reference  Price  for oilseeds  is set  at  163  Ecu/tonne. 

2.  A  Community  Reference  Amount 

for  oilseeds  is  set  at  384 

Ecu/hectare. 

3.  For  each  region  identified  under  Article  3,  a  Projected  Regional 

Reference  Amount  shall  be  established  by  the  Commission  which 

reflects  the  comparison  between  the  cereals  yield  for  that  region 

and 

the 

average 

cereals 

yield 

for 

the 

Community 

(4.6 

tonnes/hectare). 

5  -

4.  Before  30  January  in  each  marketing  year  the  Commission,  in 

accordance  with  the  procedure  laid  down  in Article  38 of  Regulation 

136/66/EEC,  shall  calculate  a Final  Regional  Reference  Amount  based 

on  the  Observed  Reference  Price  for  oilseeds.  This  Final 

calculation  shall  be  made  by  substituting  the  Observed  Reference 

Price  for  the  Projected  Reference  Price;  no  account  shall  be  taken 

of  price  variations  within  8% of  the  Projected  Reference  Price. 

5.  Exceptionally,  notably  for  the  1992/93  marketing  year,  the 

Commission  may  make  the  final  calculations  separately  for  each 

oilseed  in order  to avoid  favouring  one  oilseed  rather  than  another 

and  to  take  account  of  the  possible  application  of  Article  7. 

6.  The  Commission  shall  publish  the  aforementioned  amounts  in  the 

Official 

Journal.  The  publication  shall 

include  a  succinct 

explanation  of  the  calculations made. 

Article  5 

1.  The  Final  Regional  Reference  Amount  shall  be  payable  provided  that 

proof  is supplied  that  the  crop  has  been  harvested. 

2.  Those  producers  who  lodge  a  contract  or  a  plan  in  accordance  with 

Article  2  shall  be  entitled  to  an  advance  payment  of  no  more  than 

50%  of  the  Provisional  Regional  Reference  Amount.  Member  States 

shall  carry  out  the  necessary  checks  to  ensure  entitlement  to  the 

advance  is  Justified. 

3.  In  order  to  qualify  for  an  advance  payment  a  producer  must  have 

lodged  with  the  competent  agency  of  the Member  State  by  30 April  at 

the  latest 

either, 

-  a  contract  with  an  approved  first  buyer  for  the  cultivation  of 

oi I seeds, 

or, 

-  a  detailed  cultivation  plan  for  his  holding  showing  the  land  to 

be  used  for  cultivating  oilseeds. 

6  -

Where  an  advance  has  been  made  a balance  shall  be  paid  equal  to  the 

difference,  if any,  between  the  amount  of  the  advance  and  the  Final 

Regional  Reference  Amount  subject  to  proof  of  harvesting  being 

provided. 

Where  a producer  demonstrates  that  he  has  retained  ownership  of  the 

product  for  a  period  to  be  determined,  an  orderly  marketing  bonus 

may  be  payable.  The  amount  of  the  bonus  and  the  conditions 

determining  eligibility  shall  be  set  by  the  Commission  in 

accordance  with  the  procedure  referred  to  in  Article  38  of 

136/66/EEC. 

Payment  shall  be made  by  the Member  State  to each  eligible  producer 

within  a  period  of  90  days  after  publication  of  the  amounts 

(advances  and  final  payments)  in  the  Official  Journal.  Where  a 

Member  State  fails  to  comply  with  this  provision  it  shall  be 

obliged  to pay  the  amount  without  reimbursement  from  the  EAGGF. 

Article  6 

Until  the  end  of  the  1994/95  marketing  year,  a  standard  bonus  for 

sunflowerseed  cultivation  will  be  payable  in  Spain  and  Portugal. 

These  amounts,  which  are  in  addition  to  the  compensatory  payment, 

will  be  calculated  by  the  Commission  annually  for  Spain  and 

Portugal 

to  reflect 

the  differential 

foreseen 

in  current 

legislation.  The  amounts  will  be  subject 

to  the  possible 

application  of  Article  7. 

-  7 -

Article  7 

1.  For  the  1992/93  marketing  year,  a  system  of  Maximum  Guaranteed 

Areas  shall  apply  for  payments.  The  Maximum  Guaranteed  Areas  shall 

be : 

Soya  beans 

EC12 

Rapeseed 

EC12 

Sunflowerseed 

Spain 

Portugal 

509,000 hectares, 

2,377,000  hectares, 

1,411,000  hectares 

122,000  hectares 

The  rest  of  the Community 

1,202,000  hectares 

2.  if  the  area  planted  to  an  oilseed  exceeds  the  Maximum  Guaranteed 

Area  then  the  relevant  compensatory  aids  will  be  reduced  by  1%  for 

each  1%  overshoot.  The  relevant  compensatory  aids  will  be  reduced 

by  the  Commission  when  the  Final  Regional  Representative  Amounts 

are  calculated. 

Article  8 

Access  to  the  compensatory  payment  for  growers  of  oilseed  rape  is 

restricted  to  those  using  certified  seed  from  the  national  list. 

The  Commission,  in  accordance  with  the  procedure  laid  down  in 

Article  38  of  136/66/EEC,  may  specify  that  certain  varieties  of 

rapeseed  included  in the national  list  are  ineligible  for  aid. 

-  8  -

Article  9 

The  determination  of  the  amounts,  the  rules  governing  the  payment 

of  the  compensatory  aid,  including  the  determination  of  the  minimum 

size  of  a  region  and 

the  other 

detailed 

rules  for 

the 

implementation  of  this  Regulation  shall  be  decided  on  by  the 

Commission  in accordance  with  the  procedure  laid  down  in Article  38 

of  Council  Regulation  136/66/EEC. 

Article  10 

1.  Member  States  shall  take  all  action  necessary  to  ensure  that  the 

provisions  of  this  Regulation  are  fully  respected. 

2.  Detailed  rules  for  the  application  of  this  Regulation  shall  be 

adopted  in accordance  with  the  procedure  laid  down  in Article  38 of 

Regulation  136/66/EEC,  and  in particular  : 

those  relating  to  the minimum  area  to  be  cultivated;  such  rules 

shall  take  particular  account  of  the  monitoring  requirements 

and  of  the  sought-after  effectiveness  of  the  scheme  in 

quest ion, 

those  relating  to  monitoring;  such  rules  shall  include,  inter 

alia,  the  use  of  means  of  remote  sensing  and/or  plausibility 

monitoring  on  the  basis  of  binding  official  documents  that  are 

already  available  in  the  national  administrations, 

the  date  of  30  April  referred  to  in  Article  2  paragraph  2  and 

Article  5  paragraph  3  may  be  varied  for  specific  regions  to 

take  account  of  exceptional  circumstances. 

-  9 -

Article 11 

1.  The  provisions  of  Council  Regulation  (EEC)  No  1491/85  and  the 

related  provisions  in  the  regulations  in  force  on  30  June  1992 

shall  continue  to apply  after  that  date  to soya  beans  harvested  in 

the Community  and  identified by 30 June 1992. 

2.  The  provisions  of  Council  Regulation  No  136/66/EEC  and  the  related 

provisions  in  the  regulations  in  force  on  30  June  1992  shall 

continue  to  apply  after  that  date  to  rapeseed  and  sunflowerseed 

harvested  in the Community  and  identified by 30 June 1992. 

3.  The  relevant  provisions  relating  to  the  Community  support  system 

for  the products mentioned  in paragraphs  1 and  2 above  shall  remain 

applicable  until  the  products  in  question  are  no  longer  eligible 

for  Community 

support.  Transitional 

measures  necessary  to 

facilitate  the  disposal  or  orderly  marketing  of  the  products 

mentioned  in paragraphs  1 and  2 of  this article shall  be adopted  in 

accordance with  the procedure  laid down  in Article  38 of  Regulation 

136/66/EEC. 

4.  Regulation  136/66/EEC  and  Regulation  (EEC)  No  1491/85  as  well  as 

the  implementing  rules  thereof  shall  remain  in  force  in so  far  as 

they  are compatible  with  the provisions of  this Regulation. 

Article  12 

Should  additional  or  transitional  measures  be  necessary  to  facilitate 

the  transition  from  the  system  in  force  to  that  established  by  this 

Regulation,  in particular  if the  introduction of  this system would  give 

rise  to  substantial  difficulties  in  respect  of  certain  products  such 

measures  shall  be adopted  in accordance with  the procedure  laid down  in 

Article 38 of Regulation  136/66/EEC. 

-  10  -

Article  13 

The  present  regulation  shall  enter  onto  force  on  the  third  day  after 

its publication  in  the  Official  Journal  of  the  European  Communities. 

This  Regulation  shall  be  binding  in  its  entirety  and  directly 

applicable  in ail  Member  States. 

Done  at  Brussels 

For  the  Council 

FICHE  FINANCIERE 

(RS/91/FF/003) 

DATE 

29.07.1991 

1.  LIGNE BUDGETAIRE  :  Articles 125 et 127 et Postes 1260, 
1261 et 1262 

CREDITS  : 3.721 Mio ECU 

2.  INTITULE DE LA MESURE : 

Règlement  du Conseil établissant un régime de soutien pour  les graines de soja, de 
colza et de tournesol. 

3.  BASE JURIDIQUE  :  Articles 42 et 43 du Traité 

4.  OBJECTIFS DE LA MESURE : 

Etablir un nouveau régime de soutien aux producteurs de 
graines oléagineuses sur  la base de paiements compensatoires directs. 

5.  INCIDENCES FINANCIERES 

5.0  DEPENSES A LA CHARGE 

- DU BUDGET DES CE 

PERIODE DE 
12  MOIS 

EXERCICE EN 
COURS  (91) 

EXERCICE 
SUIVANT (92) 

(REST ITUT IONS/1NTERVENTIONS) 

-  1.091  Mio ECU 

- DES BUDGETS NATIONAUX 
- D'AUTRES SECTEURS 

p.m. 

5.1  RECETTES 

- RESSOURCES PROPRES DES CE 

(PRELEVEMENTS/DROITS DE DOUANE) 

- SUR LE PLAN NATIONAL 

1993 

1994 

1995 

1996 

5.0.1  PREVISIONS DES DEPENSES 
5.1.1  PREVISIONS DES RECETTES 

- 403/-1.091 

5.2  MODE DE CALCUL 

Voir annexe. 

6.0  FINANCEMENT POSSIBLE PAR CREDITS  INSCRITS AU CHAPITRE CONCERNE DU BUDGET 

EN COURS D'EXECUTION 

6.1  FINANCEMENT POSSIBLE PAR VIREMENT ENTRE CHAPITRES DU BUDGET EN COURS 

D'EXECUTION 

6.2  NECESSITE D'UN BUDGET SUPPLEMENTAIRE 

6.3  CREDITS A  INSCRIRE DANS LES BUDGETS FUTURS 

OBSERVATIONS 

OU I/NON 

OU I/NON 

OUI/NON 

OU I/NON 

Vl-G-1 

ANNEXE A LA FICHE FINANCIERE 

I. 

CALCUL DES DEPENSES 

Aides 

Pays 

Surface 
estImée 

Rendement 
céréales 

Aide 
oléagineux 

Dépenses 

DT 

Dépenses 

1000 ha 

t/ha 

ECU (A)/ha 

Mio ECU 
(A) 

Mio ECU 
(B) 

a 

b 

c 

d- 2M  x c 
4,6 

e - b x d 

f 

Belgique 
Danemark 
Allemagne 
Ex DDR 
Grèce 
Espagne 
France 
Irlande 
Ital le 
Luxembourg 
Pays Bas 
Portugal 
Royaume Uni 

8 
285 
656 
294 
20 
1 .103 
1.780 
6 
504(1) 

6 
77 
450 

6,2 
5,2 
5,5 
4,6 
3,4 
2,5 
6 
5,5 
5,7(2) 
3,5 
6,6 
1,6 
5,8 

517 
434 
459 
384 
284 
208 
500 
459 
476 
292 
550 
133 
484 

4 
124 
301 
113 
6 
230 
891 
3 
240 

3 
10 
218 

1 ,145 
1 ,145 
1 ,145 
1 ,145 
1,119 
1,206 
1 ,145 
1,145 
1 ,145 
1,145 
1 ,145 
1 ,165 
1,145 

5 
142 
345 
129 
6 
277 
1.020 
3 
275 

4 
12 
249 

EUR-12 

5.189 

2.143 

1,151 

2.467 

Ce chiffre ne tient pas compte de 190.000 ha de soja prévus en 
double culture. 
Moyenne estimée des zones de production d'oléagineuses. 

(1) 

(2) 

Bonus 

-  Bonus tournesol Espagne et Portugal  (*) 

Espagne  :  73 ECU/ha x 1,073 mio ha x 1,206 (DT) 
Portugal  :  100 ECU/ha x 0,077 mio ha x 1,165 (DT) 

94 Mio ECU (B) 
9 Mio ECU (B) 

TOTAL 

103 Mio ECU.(B) 

-  Bonus pour ventes retardées 

(5,189/3) mio ha x 10 ECU/ha x 1,151  (DT) 
(5,189/3) mio ha x 20 ECU/ha x 1,151  (DT) 

TOTAL 

Total bonus :  (103+ 60) Mio ECU - 163 Mio ECU 

20 Mio ECU (B) 
40 Mio ECU (B) 

60 Mio ECU (B) 

(*)  Chiffres Drovisoires 

2  -

3. 

Dépenses  totales 

2.467 Mio  ECU  (aides) + 163 Mio  ECU  (bonus) - 2.630 Mio ECU 

II.  INCIDENCE POUR 12 MOIS 

Dépense  corespondant  à  la  lettre rectificative à  l'APB 1992 

Colza 
Tournesol 
Soja 

1.757 Mio ECU 
1.417 Mio ECU 
547 Mio ECU 

TOTAL 

3.721  Mio ECU 

Incidence  :  (2.630 - 3.721) Mio  ECU - - 1.091  Mio ECU 

I N.  INCIDENCE PAR EXERCICE  BUDGETAIRE 

L'abolition  du régime  actuel  à  la fin de  la campagne  1991/92 entraîne  la 
cessation des paiements des aides à  la production pour  lesquels  la prévision 
dans  I'APB 1992 est  de : 

Colza 
Tournesol 
Soja 

445 Mio ECU 
148 Mio ECU 
29 Mio ECU 

TOTAL 

622 Mio ECU 

Les avances seront  fonction  des disponibilités budgétaires  (respect  de  la 
gui deline). 

Pour  1993  l'économie  sera  comprise  dans une  fourchette  allant  de 403 à  1.091 
en  fonction  de  l'avance  qui  sera octroyée  pour  les campagnes  1992/93 et 
1993/94. 

ISSN 0254-1475 

COM(91) 318 final 

DOCUMENTS 

EN 

03 

Catalogue number : CB-CO-91-362-EN-C 

ISBN 92-77-75017-0 

Office for Official Publications of the European Communities 
Lr2985 Luxembourg