CELEX: 31986R0552
Language: en
Date: 1986-03-01 00:00:00
Title: Commission Regulation (EEC) No 552/86 of 18 February 1986 fixing the amount of the subsidy on oil seeds

1 . 3 . 86                                Official Journal of the European Communities                            No L 55/ 61
                                       COMMISSION REGULATION (EEC) No 552/86
                                                        of 28 February 1986
                                         fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          and in the absence of the amount of the monthly increase
                                                                     for April, May, and June 1986 for colza and rape seed, the
Having regard to the Treaty establishing the European                amount of the subsidy in the case of advance fixing for
Economic Community,                                                  March, April, May and June 1986 for colza and rape seed
                                                                     has been obtainable only provisionally on the basis of the
                                                                     target price and the monthly increase as last proposed by
Having regard to the Act of Accession of Spain and                   the Commission to the Council for the marketing year
Portugal,                                                            1985/86 ; whereas this amount may, therefore, be applied
                                                                     on a temporary basis and should be confirmed or replaced
Having regard to Council Regulation No 136/66/EEC of                 when the target price for the 1 985/86 marketing year is
22 September 1966 on the establishment of a common                   known ;
organization of the market in oils and fats (') as last
amended by Regulation (EEC) No 3768/85 (2) and in
particular Article 27 (4) thereof,                                   Whereas, in the absence of the target price for the
                                                                     1986/87 marketing year for colza, rape and sunflower
Having regard to Council Regulation (EEC) No                         seed, in the case of advance fixing for July and August
1678/85 (3) fixing the conversion rates to be applied in             1986 for colza and rape seed and for August 1986 for
agriculture, as last amended by Regulation (EEC) No                  sunflower seed, the amount of the subsidy on these
3772/85 (4),                                                         products has been obtainable only on the basis of the
                                                                     target price and the monthly increase proposed by the
Having regard to Council Regulation (EEC) No 1569/72                 Commission to the Council for the marketing year
of 20 July 1972 laying down special measures for colza,              1986/87 ; whereas this amount may, therefore, be applied
rape and sunflower seed (*), as last amended by Regulation           on a temporary basis and should be confirmed or replaced
(EEC) No 1474/84 (*), and in particular Article 2 (3)                when the target price for the 1986/87 marketing year is
thereof,                                                             known ;
Having regard to the opinion of the Monetary Committee,              Whereas Article 29 of Regulation No 136/66/EEC
                                                                     provides that the world market price, calculated for a
Whereas Article 27 of Regulation No 136/66/EEC                       Community frontier crossing point, is to be determined
provides that a subsidy should be granted in respect of oil          on the basis of the most favourable purchasing opportuni­
seeds harvested and processed within the Community                   ties, quotations being adjusted where necessary to take
when the target price for a species of seed is higher than           account of quotations for competing products ;
the price on the world market ; whereas these provisions
at present apply only in respect of colza, rape and
sunflower seeds ;                                                    Whereas Article 4 of Council Regulation No 115/67/EEC
                                                                     of 6 June 1967 laying down criteria for determining
Whereas the subsidy on oil seeds should, theoretically, be           world market prices for oil seeds and fixing the frontier
equal to the difference between those two prices ;                   crossing point (10), as last amended by Regulation (EEC)
                                                                     No 1983/82 (n), fixed the said crossing point at
Whereas the target price and the monthly increments in               Rotterdam ; whereas Article 1 of that Regulation provides
the target price of sunflower seed for the 1985/86 marke­            that when the world market price is being determined
ting year have been fixed in Regulations (EEC) No                    account should be taken of all offers on the world market
1489/85 Q, and (EEC) No 1490/85 (8) ; whereas the target             known to the Commission and of quotations on those
price for colza, rape and sunflower seed application in              exchanges which are significant for international trade ;
Spain and in Portugal was set by Regulation (EEC) No                 whereas Article 2 of Commission Regulation No 225/
454/86 0 ;                                                           67/EEC of 28 June 1967 on detailed rules for determi­
                                                                     ning the world market price for oil seeds (12), as last
Whereas, in the absence of the target price for the                  amended by Regulation (EEC) No 1971 /85 (13), provides
1985/86 marketing year for colza, rape and sunflower seed            that offers and quotations which do not relate to ship­
                                                                     ments to be effected within 30 days following the date on
                                                                     which the world market price is determined should be
(') OJ No 172, 30. 9. 1966, p. 3025/86.
(2) OJ No L 362, 31 . 12. 1985, p. 8 .                               disregarded ; whereas offers and quotations which the
(3) OJ No L 132, 21 . 5. 1983, p. 33.                                Commission believes, in view of general price movements
(«)  OJ   No L 137, 27.   5. 1985, p. 1.
0    OJ   No L 167, 25.   7. 1972, p. 9.
(«)  OJ   No L 143, 30.   5. 1984, p. 4.                             (">) OJ No 111 , 10 . 6. 1967, p. 2196/67.
                                                                     fin OT Nn I. 21 5    23 . 7 . 1982. o . 6 .
0    OJ   No L 151 , 10.  6. 1985, p. 13.
(8)  OJ   No L 151 , 10.  6. 1985, p. 14.                            (12) OJ No 136, 30. 6. 1967, p. 2919/67.
f)   OJ   No L 53, 1 . 3.  1986.                                     C3) OJ No L 185, 18 . 7. 1985, p. 15.
 ---pagebreak--- No L 55/62                             Official Journal of the European Communities                                 1 . 3 . 86
or information available to it, not to be representative of      for determining the world market price and where it is,
the real trend of the market must also be disregarded ;          moreover, impossible to. establish the value of the oil or
whereas offers and quotations relating to quantities of less     oil cake processed from such seed, the world market price
than 500 tonnes and offers relating to seed of a quality         should be determined on the basis of the most recent
other than that normally acceptable on the world market          known value for oil or oil cake, adjusted to take account
must also be disregarded ;                                       of the trend of world prices for competing products by
                                                                 applying to that value the rules set out in Article 2 of
                                                                 Regulation No 1 15/67/EEC ; whereas Article 7 of Regula­
Whereas Article 3 of Regulation No 225/67/EEC provides
                                                                 tion No 225/67/EEC defines competing products as those
that of the offers and quotations taken into consideration,
those for delivery c and f should be increased by 0,2 % ;        oils or oil cakes, as the case may be, which appear to have
                                                                 been offered in the largest quantities on the world market
whereas offers and quotations for delivery fas, fob or
                                                                 during the period under consideration ;
otherwise should be increased, as appropriate^ by loading,
transport and insurance costs from the point of shipment
or loading to the frontier crossing point ; whereas cif
offers and quotations for frontier crossing points other         Whereas, under Article 6 of Regulation No 1 15/67/EEC,
than Rotterdam should be adjusted to allow for the diffe­        the price determined for colza, rape and sunflower seeds
rence in transport and insurance costs as compared with a        must also be adjusted by an amount not exceeding the
product delivered cif Rotterdam ; whereas the Commis­            margin, as calculated in accordance with that Article,
sion should take account only of the loading, transport          where that margin may affect the normal disposal of seeds
and insurance costs which to its knowledge are the               harvested in the Community ;
lowest ; whereas, finally, offers and quotations for delivery
cif Rotterdam should be increased by 0,242 ECU ;
                                                                 Whereas the factors to be taken into consideration for the
Whereas Article 5 of Regulation No 1 15/67/EEC provides          purpose of determining that margin are defined in Article
that the world market price should be determined for             8 of Regulation No 225/67/EEC ; whereas no adjustment
seed of the standard quality for which the target price has      should be made where the margin is found to be less than
been fixed, delivered in bulk ;                                  0,604 ECU ;
Whereas Article 3 of Regulation No 225/67/EEC provides
that offers and quotations relating to products presented        Whereas Council Regulation (EEC) No 1594/83 of 14
otherwise than in bulk should be adjusted by deducting           June 1983 on the subsidy for oil seeds (') laid down rules
the additional value resulting from that presentation ;          for granting the subsidy on oil seeds ; whereas, under that
whereas offers and quotations relating to a quality other        Regulation, where the subsidy to be granted is fixed in
than the standard quality for which the target price was         advance, the amount of such subsidy must be equal to the
fixed should be adjusted on the basis of the coefficients of     amount applicable on the day on which the application
equivalence shown in the Annex to that Regulation ;              for advance fixing was lodged, adjusted by the difference
whereas, in the case of offers on the world market for           between the target price valid on that day and the target
qualities of colza and rape seed other than those listed in      price valid on the day on which the seeds are placed
that Annex, coefficients of equivalence derived from those       under control at an oil or feed mill and, where appro­
listed in that Annex may, pursuant to Article 4 of Regula­       priate, a corrective amount ; whereas Article 35 of
tion No 225/67/EEC, be applied ; whereas, when derived           Commission Regulation (EEC) No 2681 /83 of 21
coefficients are being calculated, account must be taken of      September 1983 laying down detailed rules for the appli­
the differences between prices for the qualities of seed in      cation of the subsidy system for oil seeds (2), as last
question and prices for the qualities listed in that Annex,      amended by Regulation (EEC) No 3818/85 (3), provides
and of the characteristics of these various seeds ;              that such adjustment should involve increasing or redu­
                                                                 cing the amount of subsidy applicable on the day on
                                                                 which the application was lodged by the corrective
Whereas Article 2 of Regulation No 1 15/67/EEC provides          amount and the difference between the target prices
that, where no offer or quotation can be used as a basis         mentioned in Article 35 of Regulation (EEC) No
for determining the world market price, that price should        2681 /83 :
be determined on the basis of the value of the average
quantities of oil and oil cake resulting from the proces­
sing of 100 kilograms of seed within the Community less          Whereas Article 37 of Regulation (EEC) No 2681 /83
an amount corresponding to the cost of processing these          provides that the corrective amount must be equal to the
seeds into oil and oil cake ; whereas the quantities and         difference between the world market price for colza, rape
costs to be taken into consideration for the purposes of         and sunflower seeds and the forward price for those seeds
the calculation are fixed in Article 5 of Regulation No
225/67/EEC ; whereas the value of those quantities should
                                                                 valid for a shipment effected during the month in which
                                                                 the seeds were placed under control at an oil mill, those
be determined in accordance with Article 6 of that Regu­
lation ;
                                                                 prices being determined in accordance with Articles 1 , 4
                                                                 (') OJ No L 163, 22. 6. 1983, p. 44.
Whereas Article 3 of Regulation No 1 15/67/EEC provides          0 OJ No L 266, 28 . 9. 1983, p. 1 .
 that, where no offer or quotation can be used as a basis        (3 OJ No L 368, 31 . 12. 1985, p. 20.
 ---pagebreak--- 1 . 3 . 86                               Official Journal of the European Communities                             No L 55/63
and 5 of Regulation No 115/67/EEC ; whereas, if no offer           Whereas Regulation (EEC) No 1813/84 specifies the spot
and no price can be used for such determination, the               and forward exchange rates and the period to be used for
method of calculation provided for in Article 37 of Regu­          calculating the differential amounts ; whereas in cases
lation (EEC) No 2681 /83 should be used ; whereas the              where, for one or more months, quotations of forward
abovementioned difference may be adjusted in accordance            exchange rates are not available, the rates adopted for the
with Article 38 of Regulation (EEC) No 2681 /83, account           previous months or the following months, as the case may
being taken of the prices of the main competing cereals ;          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
advised as provided for in Council Regulation (EEC) No             to ensure its being applied at least once a week ; whereas
478/86 (') ; whereas pursuant to Article 95 (2) and 293 (2)        the subsidy may be altered whenever it becomes obvious
of the Act of Accession of Spain and Portugal this aid is          that such alteration is necessary ;
to be introduced at the beginning of the 1986/87 marke­
ting year for seed harvested in these two Member States ;          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 ECU 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 ECU 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 Regulation (EEC)             determined in accordance with Article 4 of Regulation
No 1813/84 (2) defined the elements which determine the            (EEC) No 1813/84 must also be published,
differential amounts ; whereas these elements are equal to
the incidence on the target price 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 :        HAS ADOPTED THIS REGULATION :
(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 :                                       Article 1
     — the conversion rate used under the common agri­
         cultural policy, and                                       1 . The amounts of the subsidy and the exchange rates
     — the conversion rate resulting from the central rate,        referred to in Article 33 (2) and (3) of Regulation (EEC)
                                                                    No 2681 /83 shall be as set out in the Annex hereto.
(b) for Italy, the United Kingdom and Greece, the diffe­
     rence between :                                                2. The amount of the subsidy in the case of advance
                                                                    fixing for March, April, May and June 1986 for colza and
     — the relationship between the conversion rate used            rape seed will, however, be confirmed or replaced as from
         under the common agricultural policy for the               1 March 1986 to take into account the target price which
          currency of the Member State concerned and the            is fixed for these products for the 1985/86 marketing year,
          central rate of each of the currencies of the             and the amount of the monthly increase for April, May
          Member States referred to in (a), and                     and June 1986 for colza and rape seed.
     — the spot market rate for the currency of the
          Member State in question in relation to each of           3.    The amount of the subsidy in the case of advance
          the currencies of the Member States referred to in        fixing for July and August 1986 for colza and rape seed
          (a), as recorded over a period to be determined ;         and for August 1986 for sunflower seed will however be
                                                                    confirmed or replaced as from 1 March 1986 to take into
                                                                    account the target price which is fixed for these products
Whereas, however, pursuant to Article 2a of Regulation              for the 1986/87 marketing year.
 (EEC) No 1569/72, the monetary disparity for the marke­
 ting years 1984/85 to 1986/87 will be calculated by a
 method which takes into account a coefficient applied to
 the conversion rate resulting from the central rate ;
 whereas Regulation (EEC) No 2679/85 (3) fixed the coeffi­
 cient ;
                                                                                              Article 2
 (') OJ No L 53, 1 . 3. 1986.
 (*) No L 170, 29. 6. 1984, p. 41 .
 (3) OJ No L 254, 25. 9. 1985, p. 14.                                This Regulation shall enter into force on 1 March 1986.
 ---pagebreak--- No L 55/64                    Official Journal of the European Communities                        1 . 3 . 86
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 28 February 1986.
                                                                  For the Commission
                                                                   Frans ANDRIESSEN
                                                                      Vice-President
 ---pagebreak--- 1 . 3 . 86                                 Official Journal of the European Communities                                          No L 55/ 65
                                                                 ANNEX I
                                                       Aids to colza and rape seed
                                                                                                                     (amounts per 100 kilograms)
                                                 Current
                                                              2nd month (')     3rd month (')  4th month (')    5th month (2)    6th month (*)
                                                month (')
1 . Gross aids (ECU)                        \    ' —
                                                                                              \I
    — Spain                                                        —                  —             —
                                                                                                                       0,613            0,613
    — Portugal                                     —               —                  —
                                                                                                    — ,                0,000            0,000
    — Other Member States                          32,868           27,976            27,976        28,693            24,419           24,419
2. Final aids
    (a) Seed harvested and processed in :
        — Federal Republic of Germany
            (DM)                                   79,56            68,26             68,28         70,08             59,89            60,32
        — Netherlands (Fl)                         89,65            76,91             76,91         78,93             67,46            67,88
        — BLEU (Bfrs/Lfrs)                      1 525,46        1 298,42           1 298,42      1 330,84         1 132,47         1 126,02
        — France (FF)                             228,30          193,48             193,14        197,62            167,68           165,46
        — Denmark (Dkr)                           276,58          235,42             235,42        241,45            205,49           205,03
        — Ireland (£ Irl)                          24,655           20,985            20,982         21,311           18,104           18,000
        — United Kingdom (£)                       19,164           15,769            15,769         16,262           13,610           13,461
        — Italy (Lit)                          47 398          39 732            39 555         40 514           34 169           33 570
        — Greece (Dr)                           2 716,68        2 012,16          2 012,16       2 112,54         1 670,83         1 670,83
    (b) Seed harvested in Spain and
        processed :
        — in Spain (Pta)                                                                                              97,00            11,08
        — in Portugal (Pta)                                                                                       2 733,75         2 686,84
        — in a Member State listed at (a)
             (Pta)                                                                                                2 733,75         2 686,84
    (c) Seed harvested in Portugal and
        processed :
        — in Spain (Esc)                                                                                          3 521,15         3 405,24
        — in Portugal (Esc)                                                                                            0,00             0,00
        — in a Member State listed at (a)
             (Esc)                                                                                                 3 521,15         3 405,24
    (d) Seed harvested in a Member State
        listed at (a) and processed :
        — in Spain                                                     The amounts given at (a) remain unchanged
        — in Portugal                                                  The amounts given at (a) remain unchanged
(>) On the basis of the Commission's proposal concerning the indicative price for the 1985/86 marketing year and subject to confirmation by the
     Council's decision.
(*) Contingent on the Council's decision on prices and related matters for the 1986/87 marketing year.
 ---pagebreak---  No L 55/66                                     Official Journal of the European Communities                                                   1 . 3 . 86
                                                                       ANNEX II
                                                               Aids to sunflower seed
                                                                                                                           (amounts per 100 kilograms)
                                                       Current
                                                                           2nd month           3rd month         4th month              5th month
                                                        month
 1 . Gross aids (ECU)
      — Spain                                            —                     —
                                                                                                   —
      — Portugal                                         —
                                                                               —
                                                                                                   —
                                                                                                                     —
      — Other Member States                              39,689                38,926              38,926            41,648                  41,389
 2. Final aids                                  IIIIIIIlIl
      (a) Seed harvested and processed in :                                                                                      l
          — Federal Republic of Germany
               (DM)                                      96,11                 94,35               94,37            100,79                 100,19
          — Netherlands (Fl)                            108,30                106,31              106,31            113,54                 112,87
          — BLEU (Bfrs/Lfrs)                          1 842,04              1 806,63            1 806,63          1 932,20               1 920,17
          — France (FF)                                 275,62                270,19              269,86            288,69                 286,84
          — Denmark (Dkr)                               333,98                327,56              327,56            350,47                 348,29
          — Ireland (£ Irl)                              29,771                29,199              29,195            31,053                 30,856
          — United Kingdom (£)                           23,100                22,576              22,576            24,446                 24,268
          — Italy (Lit)                             57 189                55 997              55 824            59 941                59 534
          — Greece (Dr)                              3 257,74               3 150,91           3 150,91          3 532,03               3 495,76
     (b) Seed harvested in Spain and
          processed :                                                                                                            l
          — in Spain (Pta)                               —                     —                   —                 —                      —
          — in Portugal (Pta)                            —                     —                   —                 —                      —
          — in a Member State listed at (a)
               (Pta)                                     —                     —                   —                 —
     (c) Seed harvested in Portugal and
          processed :                                                l
          — in Spain (Esc)                               —                     —                   —                 —                      —
          — in Portugal (Esc)                            —                     —                   —                 —                      —
          — in a Member State listed at (a)
               (Esc)                                     —                     —                   —                 —                      —
     (d) Seed harvested in a Member State
          listed at (a) and processed :
          — in Spain                                                The amounts given at (a) are to be multiplied by 1,037269
          — in Portugal                                                      The amounts given at (a) remain unchanged           I
                                                                      ANNEX III
                          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 1 ECU)
                                            Current
                                                              2st month           3rd month         4nd month       5th month           6th month
                                             month
DM                                           2,163730            2,155740            2,144780          2,135660        2,135660             2,114240
Fl                                           2,443920            2,437280            2,427690          2,420030        2,420030             2,402680
Bfrs/ Lfrs                                  44,342900          44,374300           44,379100          44,409200      44,409200            44,437800
FF                                           6,650230            6,665480            6,702200          6,731600        6,731600             6,785560
Dkr                                          7,989740            7,979560            7,964750          7,954000        7,954000             7,941980
£ Irl                                        0,715512            0,720067            0,724915          0,728451        0,728451             0,733135
£                                            0,646257            0,647847            0,649025          0,650371        0,650371             0,655218
Lit                                      1 472,19           1 482,06            1 494,23          1 503,18        1 503,18            1 528,59
Dr                                         133,602200         133,534600          133,357000         133,262900     133,262900           133,121600
Pta                                        136,370304         136,928678          137,018840         137,774125     137,774125           139,066863
Esc                                        141,902080         145,750272          147,687848         149,384976     149,384976           154,359439