CELEX: 31982R1718
Language: en
Date: 1982-07-01 00:00:00
Title: Commission Regulation (EEC) No 1718/82 of 30 June 1982 fixing the amount of the subsidy on oil seeds

No L 189 /46                           Official Journal of the European Communities                                1 . 7 . 82
                                  COMMISSION REGULATION (EEC) No 1718/82
                                                      of 30 June 1982
                                   fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN                                   offers on the world market known to the Commission
COMMUNITIES,                                                     and of quotations on those exchanges which are signi­
                                                                 ficant for international trade ; whereas Article 2 of
                                                                 Commission Regulation No 225/67/EEC of 28 June
Having regard to the Treaty establishing the European            1967 on detailed rules for determining the world
Economic Community,
                                                                 market price for oil seeds (7), as last amended by Regu­
                                                                 lation (EEC) No 1 725/82 (8), provides that offers and
Having regard to Council Regulation No 136/66/EEC                quotations which do not relate to shipments to be
of 22 September 1966 on the establishment of a                   effected within 30 days following the date on which
common organization of the market in oils and fats ('),          the world market price is determined should be disre­
as last amended by Regulation (EEC) No 1413/82 (2),              garded ; whereas offers and quotations which the
and in particular Article 27 (4) thereof,                        Commission believes, in view of general price move­
                                                                 ments or information available to it, not to be repre­
                                                                 sentative of the real trend of the market must also be
Having regard to the opinion of the Monetary                     disregarded ; whereas offers and quotations relating to
Committee,                                                       quantities of less than 500 tonnes and offers relating to
                                                                 seed of a quality other than that normally acceptable
Whereas Article 27 of Regulation No 136/66/EEC                   on the world market must also be disregarded ;
provides that a subsidy should be granted in respect of
oil seeds harvested and processed within the Commu­
nity when the target price for a species of seed is              Whereas Article 3 of Regulation No 225/67/ EEC
higher than the price on the world market ; whereas              provides that of the offers and quotations taken into
these provisions at present apply only in respect of             consideration, those for delivery c and f should be
colza, rape and sunflower seeds ;                                increased by 0-2 % ; whereas offers and quotations for
                                                                 delivery fas, fob or otherwise should be increased, as
                                                                 appropriate, by loading, transport and insurance costs
Whereas the subsidy on oil seeds should, theoretically,          from the point of shipment or loading to the frontier
be equal to the difference between those two prices ;            crossing point ; whereas cif offers and quotations for
                                                                 frontier crossing points other than Rotterdam should
Whereas the target price and the monthly increases in            be adjusted to allow for the difference in transport and
                                                                 insurance costs as compared with a product delivered
the target price for oil seeds for the 1982/83 marketing         cif Rotterdam ; whereas the Commission should take
year were fixed by Regulations (EEC) No 1418/82 (3)
                                                                 account only of the loading, transport and insurance
and (EEC) No 1419/82 (4) ; whereas Article 29 of Regu­
lation No 136/66/ EEC provides that the world market             costs which to its knowledge are the lowest ; whereas,
                                                                 finally, offers and quotations for delivery cif Rotterdam
price, calculated for a Community frontier crossing              should be increased by 0-242 ECU ;
point, is to be determined on the basis of the most
favourable purchasing opportunities, quotations being
adjusted where necessary to take account of quotations
for competing products ;                                         Whereas Article 5 of Regulation No 1 1 5/67/EEC
                                                                 provides that the world market price should be deter­
                                                                 mined for seed of the standard quality for which the
Whereas Article 4 of Council Regulation No 115/                  target price has been fixed, delivered in bulk ;
67/EEC of 6 June 1967 laying down criteria for deter­
mining world market prices for oil seeds and fixing
the frontier crossing point (5), as last amended by              Whereas Article 3 of Regulation No 225/ 67/EEC
Regulation (EEC) No 1779/81 (6) fixed the said cros­             provides that offers and quotations relating to products
sing point at Rotterdam ; whereas Article 1 of that              presented otherwise than in bulk should be adjusted
Regulation provides that when the world market price             by deducting the additional value resulting from that
is being determined account should be taken of all               presentation ; whereas offers and quotations relating to
                                                                 a quality other than the standard quality for which the
(') OJ No  172, 30. 9. 1966, p. 3025/66.                         target price was fixed should be adjusted on the basis
(2) OJ No  L 162, 12. 6. 1982, p. 6.                             of the coefficients of equivalence shown in the Annex
(3) OJ No  L 162, 12. 6. 1982, p . 14.
(4) OJ No  L 162, 12. 6 . 1982, p . 15 .
O   OJ No  111 , 10 . 6. 1967, p. 2196/67.                       0 OJ No 136, 30. 6 . 1967, p. 2919/67.
(«) OJ No  L 176, 1 . 7. 1981 , p. 5 .                           (8) See page 62 of this Official Journal .
 ---pagebreak--- 1 . 7 . 82                           Official Journal of the European Communities                          No L 189/47
to that Regulation ; whereas, in the case of offers on              and oil cake resulting from the processing of these
the world market for qualities of colza and rape seed               seeds ;
other than those listed in that Annex, coefficients of
                                                               Whereas the factors to be taken into consideration for
equivalence derived from those listed in that Annex
may, pursuant to Article 4 of Regulation No 225/               the purpose of determining that margin are defined in
67/EEC, be applied ; whereas, when derived coef­               Article 8 of Regulation No 225/67/EEC ; whereas no
ficients are being calculated, account must be taken of        adjustment should be made where the margin is found
the differences between prices for the qualities of seed       to be less than 0-604 ECU ; whereas Article 6 (2) of
in question and prices for the qualities listed in that        Regulation No 115/67/EEC provides that, when the
Annex, and of the characteristics of these various             amount of the adjustment is being determined,
                                                               account should be taken of the incidence of the
seeds ;
                                                               margin in question on marketing operations of
Whereas Article 2 of Regulation No 115/67/EEC                  Community traders and on the disposal of the various
provides that, where no offer or quotation can be used         types of seed on the world market ;
as a basis for determining the world market price, that
price should be determined on the basis of the value           Whereas Council Regulation (EEC) No 2114/71 of 28
of the average quantities of oil and oil cake resulting        September 1971 on the subsidy for oil seeds ('), as
from the processing of 100 kilograms of seed within            amended by Regulation (EEC) No 851 /78 (2), laid
the Community less an amount corresponding to the              down rules for granting the subsidy on oil seeds ;
cost of processing these seeds into oil and oil cake ;         whereas, under that Regulation, where the subsidy to
whereas the quantities and costs to be taken into              be granted is fixed in advance, the amount of such
consideration for the purposes of the calculation are          subsidy must be equal to the amount applicable on the
fixed in Article 5 of Regulation No 225/67/EEC ;               day on which the application for advance fixing was
whereas the value of those quantities should be deter­         lodged, adjusted by the difference between the target
mined in accordance with Article 6 of that Regula­             price valid on that day and the target price valid on
tion ;                                                         the day on which the seeds are placed under control at
                                                               an oil mill and, where appropriate, a corrective
Whereas Article 3 of Regulation No 115/67/ EEC                 amount ; whereas Article 36 of Commission Regula­
provides that, where no offer or quotation can be used         tion (EEC) No 1204/72 of 7 June 1972 laying down
as a basis for determining the world market price and          detailed rules for the application of the subsidy system
where it is, moreover, impossible to establish the value       for oil seeds (3), as last amended by Regulation (EEC)
of the oil or oil cake processed from such seed, the           No 3699/81 (4), provides that such adjustment should
world market price should be determined on the basis           involve increasing or reducing the amount of subsidy
of the most recent known value for oil or oil cake,            applicable on the day on which the application was
adjusted to take account of the trend of world prices          lodged by the difference between the target price valid
for competing products by applying to that value the           during the month during which the seeds were placed
rules set out in Article 2 of Regulation No 115/               under control at an oil mill and the target price valid
67/EEC ; whereas Article 7 of Regulation No 225/               on the day on which the application was lodged ;
67/EEC defines competing products as those oils or
oil cakes, as the case may be, which appear to have            Whereas the conditions for the sale of Community
been offered in the largest quantities on the world            seeds and the situation of forward offers and prices on
market during the period under consideration ;                 the world market make it necessary to extend the
                                                               period of validity of the AP part of the certificate until
Whereas, in accordance with Article 5 (a) of Regula­           the end of the sixth month following that during
tion No 115/ 67/ EEC, when the world market price for          which the application was lodged ;
colza or rape seed is determined, the price adopted is
                                                               Whereas Article 38 of Regulation (EEC) No 1204/72
to be adjusted by an amount not exceeding the diffe­
rence between the price of 100 kilograms of colza or
                                                               provides that the corrective amount must be equal to
                                                               the difference between the world market price for
rape seed plus processing costs and the total price of         colza, rape and sunflower seeds and the forward price
the quantities of oil and oil cake given by processing
those seeds ; whereas, pursuant to Article 6 ( 1 ) of the      for those seeds valid for a shipment effected during
                                                               the month in which the seeds were placed under
same Regulation , the price adopted for colza, rape and
                                                               control at an oil mill, those prices being determined in
sunflower seeds must also be adjusted by an amount
                                                               accordance with Articles 1 , 4 and 5 of Regulation No
not exceeding the difference between :
                                                               115/67/EEC ; whereas, however, in respect of colza
                                                               and rape seed, the price determined pursuant to
— the difference between the price of 100 kilograms            Article 38 (2) (a) is to be adjusted in accordance with
     of colza, rape or sunflower seeds, plus processing        Article 5 (a) of Regulation No 115/67/EEC ; whereas,
     costs, and the total of the prices of the quantities of
                                                               if no offer and no price can be used for such determi­
     oil and oil cake resulting from the processing of
     the type of seed in question, and
— the difference between the price of 100 kilograms            (') OJ  No   L 222,  2. 10. 1971 , p. 2.
                                                               (2) OJ  No   L 116,  28. 4. 1978, p. 4.
     of one or more other seeds, plus processing costs,        P   OJ  No   L 133 , 10 . 6 . 1972, p . 1 .
     and the total of the prices of the quantities of oil      (4) OJ  No   L 369,  24. 12. 1981 , p . 32.
 ---pagebreak--- No L 189 /48                      Official Journal of the European Communities                               1 . 7. 82
nation, the method of calculation provided for in                these currencies recorded for a given period in
Article 38 of Regulation (EEC) No 1204/72 should be              relation to the Community currencies referred to
used ; whereas the abovementioned difference may be              in the previous indent ;
adjusted pursuant to Article 39 of Regulation (EEC)
No 1204/72, account being taken of prices for soya           Whereas it follows from applying these provisions to
seeds on the world market ;                                  the offers and quotations known to the Commission
                                                             that the subsidy on colza, rape and sunflower seeds
Whereas the subsidy should be fixed whenever the             should be as set out in the Annex hereto,
market situation makes it necessary and in such a way
as to ensure its being applied at least once a week ;
whereas the subsidy may be altered whenever it               HAS ADOPTED THIS REGULATION :
becomes obvious that such alteration is necessary ;
                                                                                    Article 1
Whereas, if the subsidy system is to operate normally,
subsidies should be calculated on the following basis :      1 . The amount of the subsidy referred to in Article
                                                             27 of Regulation No 136/66/EEC shall be as set out in
— in the case of currencies which are maintained in          the Annex hereto .
    relation to each other at any given moment within
    a band of 2-25 % , a rate of exchange based on the
    central rate ,
                                                                                    Article 2
— for other currencies, an exchange rate based on the
    arithmetic mean of the spot market rates of each of      This Regulation shall enter into force on 1 July 1982.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 30 June 1982.
                                                                        For the Commission
                                                                          Poul DALSAGER
                                                                   Member of the Commission
 ---pagebreak--- 1 . 7 . 82                      Official Journal of the European Communities                             No L 189 /49
                                                    ANNEX
             to the Commission Regulation of 30 June 1982 fixing the amount of the subsidy
                                                  on oil seeds
                                                                                                           (ECU/ 100 kg)
       CCT
     heading                          Description                                          Subsidy
        No
ex 12.01     Colza and rape seed                                                           22-146
ex 12.01     Sunflower seed                                                                21-593
                                                                                                           (ECU / 100 kg)
                                                                       Subsidy in the case of advance
       CCT                                                                fixing for the month of
     heading                 Description
        No                                                 Ju!y  August     September    October   November   December
                                                           1982   1982         1982       1982        1982       1982
ex 12.01      Colza and rape seed                         22-146 22-049      22-542      23-203     22-863     23-252
ex 12.01     Sunflower seed                               21-593 25-608      25-608      25-910     26-646