CELEX: 31990R3866
Language: en
Date: 1990-12-29 00:00:00
Title: Commission Regulation (EEC) No 3866/90 of 28 December 1990 fixing the amount of the subsidy on oil seeds

No L 367/80                              Official Journal of the European Communities                              29. 12. 90
                                    COMMISSION REGULATION (EEC) No 3866/90
                                                     of 28 December 1990
                                       fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Whereas the standard quality for sunflower seed has been
                                                                    maintained by the Council for the 1989/90 and 1990/91
                                                                    marketing years ; whereas the coefficients of equivalence
Having regard to the Treaty establishing the European               applied to the prices of sunflower seed from third coun­
Economic Community,                                                 tries have been fixed by Commission Regulation No
                                                                    225/67/EEC (»), as last amended by Regulation (EEC) No
Having regard to the Act of Accession of Spain and                  2869/87 (10) ;
Portugal,
Having regard to Council Regulation No 136/66/EEC of
22 September 1966 on the establishment of a common                  Whereas the target prices and the intervention prices
                                                                    fixed by the Council are to be reduced in accordance with
organization of the market in oils and fats ('), as last            Commission Regulation (EEC) No 1756/90 of 27 June
amended by Regulation (EEC) No 3577/90 (2), and in                  1990 establishing the target ?nd intervention prices for
particular Article 27 (4) thereof,
                                                                    colza, rape and sunflower seed and the guide and
                                                                    minimum prices for soya beans, fixed in ecus by the
Having regard to Council Regulation (EEC) No                        Council and reduced as a result of the monetary realign­
1678/85 (3) fixing the conversion rates to be applied in            ment of 5 January 1990 (");
agriculture, as last amended by Regulation (EEC) No
3709/90 (4),
Having regard to Council Regulation (EEC) No 1569/72                Whereas the abatement of the subsidy for colza and rape
of 20 July 1972 laying down special measures for colza,             seed which arises, where appropriate, from the system of
rape and sunflower seed (s), as last amended by Regulation          maximum guaranteed quantities for the 1990/91 marke­
(EEC) No 2206/90 (*), and in particular Article 2 (3)               ting year, has been fixed by Commission Regulation
thereof,                                                            (EEC) No 2509/90 (I2) ;
Having regard to the opinion of the Monetary Committee,
                                                                    Whereas the abatement of the subsidy for sunflower seed
Whereas Article 27 of Regulation No 136/66/EEC                      which arise from the system of maximum guaranteed
provides that a subsidy should be granted in respect of oil         quantities for the 1990/91 marketing year has been fixed
seeds harvested and processed within the Community                  by Commission Regulation (EEC) 2833/90 (13) ;
when the target price for a species of seed is higher than
the price on the world market ; whereas these provisions
at present apply only in respect of colza, rape and
sunflower seeds ;                                                   Whereas Article 29 of Regulation No 136/66/EEC
                                                                    provides that the world market price, calculated for a
Whereas the subsidy on oil seeds should, theoretically, be          Community frontier crossing point, is to be determined
equal to the difference between those two prices ;                  on the basis of the most favourable purchasing opportuni­
                                                                    ties, quotations being adjusted where necessary to take
                                                                    account of quotations for competing products ;
Whereas the target price and the monthly increases in the
target price for colza, rape and sunflower seed for the
1990/91 marketing year were fixed by Council Regula­
tions (EEC) No 1317/90 f) and (EEC) No 1318/90 (8);                 Whereas Article 4 of Council Regulation No 115/67/EEC
                                                                    of 6 June 1967 laying down criteria for determining
Whereas a supplement to the target price for 'double zero'          world market prices for oil seeds and fixing the frontier
colza and rape seed was fixed by Regulation (EEC) No                crossing point (H), as last amended by Regulation (EEC)
1317/90 for the 1990/91 marketing year ;                            No 1983/82 (1S), fixed the said crossing point at
                                                                    Rotterdam ; whereas Article 1 of that Regulation provides
(') OJ No  172, 30. 9.  1966, p. 3025/66.
0   OJ No  L 353, 17.   12. 1990, p. 23.                            C) OJ No   136, 30. 6. 1967, p. 2919/67.
0   OJ No  L 164, 24.   6. 1985, p. 11 .                            (,0) OJ No  L 273, 26. 9. 1987, p. 16.
(4) OJ No  L 358, 21 .  12. 1990, p. 13.                            (") OJ No   L 162, 28 . 6. 1990, p. 19.
0   OJ No  L 167, 25.   7. 1972, p. 9.                              (,2) OJ No  L 237, 1 . 9. 1990, p. 7.
(«) OJ No  L 201 , 31 . 7. 1990, p. 11 .                            H OJ No     L 268, 29. 9. 1990, p. 86.
f)  OJ No  L 132, 23.   5. 1990, p. 9.                              ('<) OJ No  111 , 10. 6. 1967, p. 2196/67.
(8) OJ No  L 132, 23.   5. 1990, p. 11 .                            H OJ No     L 215, 23. 7. 1982, p. 6.
 ---pagebreak--- 29 . 12. 90                             Official Journal of the European Communities                             No L 367/81
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
 Whereas Article 3 of Regulation No 225/67/EEC provides            of the trend of world prices for competing products by
 that of the offers and quotations taken into consideration,       applying to that value the rules set out in Article 2 of
 those for delivery c and f should be increased by 0,2 % ;         Regulation No 115/67/EEC ; whereas Article 7 of Regula­
 whereas offers and quotations for delivery fas, fob or            tion No 225/67/EEC defines competing products as those
 otherwise should be increased, as appropriate, by loading,        oils or oil cakes, as the case may be, which appear to have
 transport and insurance costs from the point of shipment          been offered in the largest quantities on the world market
 or loading to the frontier crossing point ; whereas cif           during the period under consideration ;
 offers and quotations for frontier crossing points other
 than Rotterdam should be adjusted to allow for the diffe­
 rence in transport and insurance costs as compared with a
 product delivered cif Rotterdam ; whereas the Commis­             Whereas, under Article 6 of Regulation No 1 1 5/67/EEC,
 sion should take account only of the loading, transport            the price determined for colza, rape and sunflower seeds
 and insurance costs which to its knowledge are the                 must also be adjusted by an amount not exceeding the
 lowest ; whereas, finally, offers and quotations for delivery      margin, as calculated in accordance with that Article,
 cif Rotterdam should be increased by ECU 0,242 ;                   where that margin may affect the normal disposal of seeds
                                                                    harvested in the Community ;
 Whereas Article 5 of Regulation No 115/67/EEC provides
 that the world market price should be determined for
 seed of the standard quality for which the target price has        Whereas Council Regulation (EEC) No 1594/83 of 14
 been fixed, delivered in bulk ;                                    June 1983 on the subsidy for oil seeds ('), as last amended
                                                                    by Regulation (EEC) No 1321 /90 (2), laid down rules for
                                                                    granting the subsidy on oil seeds ; whereas, under that
                                                                    Regulation, where the subsidy to be granted is fixed in
 Whereas Article 3 of Regulation No 225/67/EEC provides             advance, the amount of such subsidy must be equal to the
 that offers and quotations relating to products presented          amount applicable on the day on which the application
  otherwise than in bulk should be adjusted by deducting            for advance fixing was lodged, adjusted by the difference
  the additional value resulting from that presentation ;           between the target price valid on that day and the target
 whereas offers and quotations relating to a quality other          price valid on the day on which the seeds are placed
  than the standard quality for which the target price was          under control at an oil or feed mill and, where appro­
  fixed should be adjusted on the basis of the coefficients of      priate, a corrective amount ; whereas Article 35 of
 equivalence shown in the Annex to that Regulation ;                Commission Regulation (EEC) No 2681 /83 of 21
 whereas, in the case of offers on the world market for             September 1983 laying down detailed rules for the appli­
 qualities of colza and rape seed other than those listed in        cation of the subsidy system for oil seeds (3), as last
  that Annex, coefficients of equivalence derived from those        amended by Regulation (EEC) No 3603/90 (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           O   OJ No  L  132, 23. 5. 1990, p. 15.
  that, where no offer or quotation can be used as a basis          0   OJ No  L  266, 28. 9. 1983, p. 1 .
  for determining the world market price, that price should         0   OJ No  L  350, 14. 12. 1990, p. 57.
 ---pagebreak--- No L 367/82                              Official Journal of the European Communities                               29 . 12. 90
Whereas Article 37 of Regulation (EEC) No 2681 /83                 (b) for Member States other than those referred to in (a),
provides that the corrective amount must be equal to the                the difference between :
difference between the world market price for colza, rape               — the agricultural conversion rate, and
and sunflower seeds and the forward price for those seeds
valid for a shipment effected during the month in which                 — the average rate of the ecu as published in the C
the seeds were placed under control at an oil mill, those                   Series of the Official Journal of the European
prices being determined in accordance with Articles 1 , 4                   Communities during a period to be determined
and 5 of Regulation No 115/67/EEC ; whereas, if no offer                    multiplied by the factor referred to in the second
and no price can be used for such determination, the                        indent of point (a);
method of calculation provided for in Article 37 of Regu­
lation (EEC) No 2681 /83 should be used ; whereas the
abovementioned difference may be adjusted in accordance             Whereas Regulation (EEC) No 1813/84 specifies the spot
with Article 38 of Regulation (EEC) No 2681 /83, account            and forward exchange rates and the period to be used for
being taken of the prices of the main competing cereals ;           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
                                                                    be, must be used ;
Whereas the aid for colza, rape or sunflower seed                   Whereas the subsidy should be fixed whenever the
harvested or processed in Spain or Portugal is to be                market situation makes it necessary and in such a way as
adjusted as provided for in Council Regulation (EEC) No             to ensure its being applied at least once a week ; whereas
478/86 (') ; whereas this aid is, for seed harvested in these       the subsidy may be altered whenever it becomes obvious
Member States, to be determined in line with the provi­             that such alteration is necessary ;
sions of Articles 95 (2) and (3) and 293 (2) and (3) of the
Act of Accession :
                                                                    Whereas it follows from applying these provisions to the
                                                                    offers and quotations known to the Commission that,
                                                                    pursuant to Article 33 of Regulation (EEC) No 2681 /83
                                                                    the amount of the subsidy in ecus and the amount of the
                                                                    subsidy in each of the national currencies must be fixed
Whereas Article 33 of Regulation (EEC) No 2681 /83                  in accordance with the Annex to this Regulation ;
provides for the publication of the amount of the final             whereas, pursuant to the same Article, the spot and
subsidy obtained from the conversion into each of the               forward exchange rates for the ecu in national currencies
national currencies of the amount in ecus resulting from            determined in accordance with Article 4 of Regulation
the calculation referred to above plus or minus the diffe­          (EEC) No 1813/84 must also be published,
rential amount ; whereas Article 1 of Commission Regula­
tion (EEC) No 1813/84 (2), as last amended by Regulation
(EEC) No 1 539/90 (3), defined the elements which deter­
mine the differential amounts ; whereas these elements
are equal to the incidence on the target price less percen­
tage referred to in Article 5, paragraph 1 of the said regu­        HAS ADOPTED THIS REGULATION :
lation 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 :                                                                      Article 1
                                                                    The amounts of the subsidy and the exchange rates
                                                                    referred to in Article 33 (2) and (3) of Regulation (EEC)
(a) for those Member States whose currencies are main­              No 2681 /83 shall be as set out in the Annexes hereto.
     tained as between themselves within a spread at any
     given moment of 2,25 % , the difference between :
                                                                    2. The amount of the compensatory aid referred to in
                                                                    Article 14 of Regulation (EEC) No 475/86 shall be as
     — the conversion rate used under the common                    shown in Annex III to this Regulation for sunflower seed
         agricultural policy, and                                   harvested in Spain.
     — the conversion rate resulting from the central rate          3.    The amount of the special subsidy provided
         multiplied by the correcting factor referred to in         for by Regulation (EEC) 1920/87 for sunflower seed
         Article 6 (1 ) of Regulation (EEC) No 1677/85 (4), as      harvested and processed in Portugal is fixed in Annex III.
         last amended by Regulation (EEC) No 2205/90 (*) ;
(') OJ  No   L 53, 1 . 3. 1986, p. 55.
(2) OJ  No   L 170, 29. 6. 1984, p. 41 .                                                     Article 2
(3) OJ  No   L 145, 8. 6. 1990, p. 20.
(4) OJ  No   L 164, 24. 6. 1985, p. 6.
Is) OJ No L 201 , 31 . 7. 1990, p. 9.                               This Regulation shall enter into force on 1 January 1991 .
 ---pagebreak---     29 . 12. 90                           Official Journal of the European Communities                               No L 367/83
                      This Regulation shall be binding in its entirety and directly applicable in all Member
                      States .
                       Done at Brussels, 28 December 1990.
                                                                               For the Commission
                                                                                  Ray MAC SHARRY
                                                                           Member of the Commission
                                                              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
                                                   1              2             3              4              5                 6
1 . Gross aids (ECU) :                                                   I                            I
    — Spain                                         0,000          0,000         0,000          0,000          0,000             0,000
    — Portugal                                    25,970         25,970        25,970          25,970        25,970            25,970
    — Other Member States                         19,000         19,000        19,000          19,000        19,000            19,000
2. Final aids :                            \              IIIl                                        l
    Seed harvested and processed in :                     \                             \             \
    — Federal Republic of Germany (DM)            44,73          44,73         44,73           44,73         44,73             44,80
    — Netherlands (Fl)                            50,40          50,40         50,40           50,40         50,40             50,46
    — BLEU (Bfrs/Lfrs)                          922,57          922,57        922,57          922,57        922,57            922,57
    — France (FF)                                150,02         150,02        150,02          150,02        150,02            150,02
    — Denmark (Dkr)                              170,62         170,62        170,62          170,62        170,62            170,62
    — Ireland (£ Irl)                             16,697         16,697        16,697          16,697        16,697            16,697
    — United Kingdom (£)                          14,325         14,317        14,309          14,284        14,276            14,231
    — Italy (Lit)                            33 468         33 468         33 468         33 468        33 468            33 368
    — Greece (Dr)                             3 928,97       3 908,67       3 883,03        3 830,85      3 824,54          3 706,51
    — in Spain (Pta)                                0,00           0,00          0,00           0,00           0,00              0,00
    — in Portugal (Esc)                       5 430,95       5 431,16       5 431,36        5 423,67      5 423,74          5 391,67
 ---pagebreak--- No L 367/84                            Official Journal of the European Communities                                  29 . 12. 90
                                                          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
                                                1             2             3              4           5                 6
1 . Gross aids (ECU):                                                I             I
    — Spain                                      0,000         0,000         0,000          0,000       0,000             0,000
    — Portugal                                 28,470         28,470       28,470         28,470      28,470            28,470
    — Other Member States                      21,500         21,500       21,500         21,500      21,500            21,500
2. Final aids :                        I               \                           Il||
    Seed harvested and processed in :  \               \                           Il\
    — Federal Republic of Germany (DM)         50,61          50,61        50,61          50,61       50,61             50,68
    — Netherlands (Fl)                         57,03          57,03        57,03          57,03       57,03             57,09
    — BLEU (Bfrs/Lfrs)                      1 043,96       1 043,96     1 043,96       1 043,96    1 043,96          1 043,96
    — France (FF)                             169,76         169,76       169,76         169,76      169,76            169,76
    — Denmark (Dkr)                           193,07         193,07       193,07         193,07      193,07            193,07
    — Ireland (£ Irl)                          18,894         18,894       18,894         18,894      18,894            18,894
    — United Kingdom (£)                       16,274         16,266       16,258         16,233      16,225            16,180
    — Italy (Lit)                         37 871         37 871        37 871        37 871       37 871           37 772
    — Greece (Dr)                          4 486,23       4465,93       4 440,29       4 388,1 1   4 381,80          4 263,77
    — Spain (Pta)                                0,00          0,00          0,00           0,00        0,00              0,00
    — Portugal (Esc)                       5 952,64       5 952,85      5 953,05       5 945,36    5 945,43          5 913,36
 ---pagebreak--- 29 . 12. 90                                     Official Journal of the European Communities                                            No L 367/85
                                                                       ANNEX III
                                                                Aids to sunflower seed
                                                                                                                                    (amounts per 100 kg)
                                                        Current             1st period          2nd period         3rd period            4th period
                                                           1                    2                    3                   4                     5
1 . Gross aids (ECU):                            \
    — Spain                                               27,272                27,266              27,259              27,253                27,247
    — Portugal                                            36,240                36,240              36,240              36,240                36,240
    — Other Member States                                 24,000                24,000              24,000              24,000                24,000
2. Final aids :                                  l
    (a) Seed harvested and processed in (') :    I
         — Federal Republic of Germany           \                                          \                    l
            (DM)                                          56,50                 56,50                56,50              56,50                 56,50
         — Netherlands (Fl)                               63,66                 63,66                63,66              63,66                 63,66
         —  BLEU (Bfrs/Lfrs)                           1 165,35              1 165,35            1 165,35           1 165,35              1 165,35
         —  France (FF)                                  189,50                189,50              189,50              189,50                189,50
         —  Denmark (Dkr)                                215,52                215,52              215,52             215,52                 215,52
         —  Ireland (£ Irl)                               21,091                21,091               21,091             21,091                21,091
         —  United Kingdom (£)                            18,152                18,143               18,133              18,104               18,095
         —  Italy (Lit)                               42 275               42 275               42 275             42 275                42 275
         —  Greece (Dr)                                4 999,23              4 975,76            4946,14            4 886,06              4 878,55
         —  Portugal (Esc)                             7 575,27              7 575,51            7 575,75           7 567,25              7 567,33
     (b) Seed harvested in Spain and
         processed :
         — in Spain (Pta)                              4 231,62              4 231,76            4 228,40           4 223,66              4 223,66
         — in another Member State (Pta)               4 295,52              4 296,57            4 294,22           4 290,52              4 291,44
(') For seed harvested in Member States other than Spain and processed in Spain, the amounts shown in 2 (a) to be multiplied by 1,0186140.
                                                                        ANNEX IV
                  Exchange rate of the ecu to be used for converting final aids into the currency of the processing
                              country when the latter is a country other than the country of production
                                                                                                                                        (value of ECU 1)
                                              Current           1st period         2nd period         3rd period       4th period          5th period
                                                 1                   2                   3                 4                 5                   6
 DM                                            2,041940            2,039490            2,036890          2,034790          2,034790           2,028030
 Fl                                            2,299390            2,296680            2,294090          2,291850          2,291850           2,284530
 Bfrs/Lfrs                                    42,178600          42,137100           42,116000          42,077400        42,077400           41,985300
 FF                                            6,948130            6,943660            6,941570          6,939130          6,939130           6,935700
 Dkr                                           7,879510            7,871490            7,870100          7,861830          7,861830           7,862350
£Irl                                           0,766651            0,766451            0,766417          0,766579          0,766579           0,767061
£                                              0,710623            0,712462            0,714125          0,715171          0,715171           0,717780
 Lit                                      1 540,86            1 543,19            1 544,75          1 547,64         1 547,64            1 554,10
 Dr                                         213,08600           215,12500           216,40300          219,27900       219,27900           226,45300
 Esc                                        181,19400           181,49900           181,78800          182,57000        182,57000          184,44900
 Pta                                        130,23800           130,65200           131,06000          131,29200        131,29200          132,44300