CELEX: 31989R2944
Language: en
Date: 1989-09-30
Title: Commission Regulation (EEC) No 2944/89 of 29 September 1989 fixing the amount of the subsidy on oil seeds

30. 9 . 89                               Official Journal of the European Communities                           No L 281 /59
                                    COMMISSION REGULATION (EEC) No 2944/89
                                                     of 29 September 1989
                                       fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        applied to the prices of sunflower seed from third coun­
                                                                   tries have been fixed by Commission Regulation (EEC)
Having regard to the Treaty establishing the European              No 2869/87 0 ;
Economic Community,
Having regard to the Act of Accession of Spain and                 Whereas the abatement of the subsidy for colza and tape
Portugal,                                                          seed which arises from the system of maximum guaran­
                                                                   teed quantities for the 1989/90 marketing year has been
                                                                   fixed by Commission Regulation (EEC) No 2625/89 (10) ;
Having regard to Council Regulation No 136/66/EEC of
22 September 1966 on the establishment of a common
organization of the market in oils and fats ('), as last           Whereas the abatement of the subsidy for sunflower seed
amended by Regulation (EEC) No 1225/89 0, and in                   which arises, where appropriate, from the system of
particular Article 27 (4) thereof,                                  maximum guaranteed quantities for the 1989/90 marke­
                                                                    ting year, has been fixed by Commission Regulation
Having regard to Council Regulation (EEC) No                       (EEC) No 2957/89 (") ; whereas the amount of the subsidy
1678/85 (3) fixing the conversion rates to be applied in            for the 1989/90 marketing year has been provisionally
agriculture, as last amended by Regulation (EEC) No                 calculated on the basis of an abatement of ECU 11,55 per
2639/89 (4),                                                        100 kilograms ;
Having regard to Council Regulation (EEC) No 1569/72
of 20 July 1972 laying down special measures for colza,            Whereas Article 29 of Regulation No 136/66/EEC
rape and sunflower seed (*), as last amended by Regulation          provides that the world market price, calculated for a
(EEC) No 2216/88 (*), and in particular Article 2 (3)               Community frontier crossing point, is to be determined
thereof,                                                            on the basis of the most favourable purchasing opportuni­
                                                                    ties, quotations being adjusted where necessary to take
Having regard to the opinion of the Monetary Committee,             account of quotations for competing products ;
Whereas Article 27 of Regulation No 136/66/EEC                      Whereas Article 4 of Council Regulation No 1 1 5/67/EEC
provides that a subsidy should be granted in respect of oil         of 6 June 1967 laying down criteria for determining
seeds harvested and processed within the Community
when the target price for a species of seed is higher than          world market prices for oil seeds and fixing the frontier
the price on the world market ; whereas these provisions
                                                                    crossing point (12), as last amended by Regulation (EEC)
at present apply only in respect of colza, rape and                 No 1983/82 (13), fixed the said crossing point at
sunflower seeds ;                                                   Rotterdam ; whereas Article 1 of that Regulation provides
                                                                    that when the world market price is being determined
                                                                    account should be taken of all offers on the world market
Whereas the subsidy on oil seeds should, theoretically, be          known to the Commission and of quotations on those
equal to the difference between those two prices ;                  exchanges which are significant for international trade ;
                                                                    whereas Article 2 of Commission Regulation No 225/
Whereas the target price and the monthly increases in the           67/EEC of 28 June 1967 on detailed rules for determi­
target price for colza, rape and sunflower seed for the             ning the world market price for oil seeds (H), as last
 1989/90 marketing year were fixed by Regulations (EEC)             amended by Regulation (EEC) No 2869/87, provides that
No 1228/89 O and (EEC) No 1229/89 (8);                              offers and quotations which do not relate to shipments to
                                                                    be effected within 30 days following the date on which
Whereas a supplement to the target price for 'double zero'          the world market price is determined should be disre­
colza and rape seed was fixed in Regulation (EEC) No                garded ; whereas offers and quotations which the
1228/89 ;                                                           Commission believes, in view of general price movements
                                                                    or information available to it, not to be representative of
Whereas the standard quality for sunflower seed has been            the real trend of the market must also be disregarded ;
maintained by the Council for the 1988/89 and 1989/90              whereas offers and quotations relating to quantities of less
marketing years ; whereas the coefficients of equivalence           than 500 tonnes and offers relating to seed of a quality
                                                                    other than that normally acceptable on the world market
                                                                    must also be disregarded ;
(l) OJ  No 172, 30. 9. 1966, p. 3025/66.
0   OJ  No L 128, 11 . 5. 1989, p. 15.
(3) OJ  No L 164, 24. 6. 1985, p. 11 .                              O OJ No L 273, 26. 9. 1987, p. 16.
{*) OJ  No L 255, 1 . 9 . 1989, p. 14.                              (l0) OJ No L 254, 31 . 8 . 1989, p. 9.
(*) OJ  No L 167, 25. 7. 1972, p. 9.                                (") See page 91 of this Official Journal.
(s) OJ  No L 197, 26. 7. 1988, p. 10.                               (u) OJ No 111 , 10. 6. 1967, p. 2196/67.
O   OJ  No L 128, 11 . 5. 1989, p. 20.                             (13) OJ No L 215, 23 . 7. 1982, p. 6.
(•) OJ  No L 128, 11 . 5. 1989, p. 22.                             (u) OJ No 136, 30. 6. 1967, p. 2919/67.
 ---pagebreak--- No L 281 /60                           Official Journal of the European Communities                                  30 . 9 . 89
whereas Article 3 of Regulation No 225/67/EEC provides           known value for oil or oil cake, adjusted to take account
that of the offers and quotations taken into consideration,      of the trend of world prices for competing products by
those for delivery c and f should be increased by 0,2 % ;        applying to that value the rules set out in Article 2 of
whereas offers and quotations for delivery fas, fob or           Regulation No 115/67/EEC ; whereas Article 7 of Regula­
otherwise should be increased, as appropriate, by loading,       tion No 225/67/EEC defines competing products as those
transport and insurance costs from the point of shipment         oils or oil cakes, as the case may be, which appear to have
or loading to the frontier crossing point ; whereas cif          been offered in the largest quantities on the world market
offers and quotations for frontier crossing points other         during the period under consideration ;
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
sion should take account only of the loading, transport
ahd insurance costs which to its knowledge are the               whereas, under Article 6 of Regulation No 115/67/EEC,
lowest ; whereas, finally, offers and quotations for delivery    the price determined for colza, rape and sunflower seeds
cif Rotterdam should be increased by 0,242 ECU ;                 must also be adjusted by an amount not exceeding the
                                                                 margin, as calculated in accordance with that Article,
                                                                 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
been fixed, delivered in bulk ;
                                                                 whereas Council Regulation (EEC) No 1594/83 of 14
                                                                 June 1983 on the subsidy for oil seeds (l), as last amended
                                                                 by Regulation (EEC) No 2215/88 (2), laid down rules for
Whereas Article 3 of Regulation No 225/67/EEC provides           granting the subsidy on oil seeds ; whereas, under that
that offers and quotations relating to products presented        Regulation, where the subsidy to be granted is fixed in
otherwise than in bulk should be adjusted by deducting           advance, the amount of such subsidy must be equal to the
the additional value resulting from that presentation ;          amount applicable on the day on which the application
whereas offers and quotations relating to a quality other        for advance fixing was lodged, adjusted by the difference
than the standard quality for which the target price was         between the target price valid on that day and the target
fixed should be adjusted on the basis of the coefficients of     price valid on the day on which the seeds are placed
equivalence shown in the Annex to that Regulation ;              under control at an oil or feed mill and, where appro­
whereas, in the case of offers on the world market for           priate, a corrective amount ; whereas Article 35 of
qualities of colza and rape seed other than those listed in      Commission Regulation (EEC) No 2681 /83 of 21
that Annex, coefficients of equivalence derived from those       September 1983 laying down detailed rules for the appli­
listed in that Annex may, pursuant to Article 4 of Regula­       cation of the subsidy system for oil seeds (3), as last
tion No 225/67/EEC, be applied ; whereas, when derived           amended by Regulation (EEC) No 1966/89 (4), provides
coefficients are being calculated, account must be taken of      that such adjustment should involve increasing or redu­
the differences between prices for the qualities of seed in      cing the amount of subsidy applicable on the day on
question and prices for the qualities listed in that Annex,      which the application was lodged by the corrective
and of the characteristics of these various seeds ;              amount and the difference between the target prices
                                                                 mentioned in Article 35 of Regulation (EEC) No
                                                                 2681 /83 ;
Whereas Article 2 of Regulation No 1 1 5/67/EEC provides
that, where no offer or quotation can be used as a basis
for determining the world market price, that price should
be determined on the basis of the value of the average           Whereas Article 37 of Regulation (EEC) No 2681 /83
quantities of oil and oil cake resulting from the proces­        provides that the corrective amount must be equal to the
sing of 100 kilograms of seed within the Community less          difference between the world market price for colza, rape
an amount corresponding to the cost of processing these          and sunflower seeds and the forward price for those seeds
seeds into oil and oil cake ; whereas the quantities and         valid for a shipment effected during the month in which
costs to be taken into consideration for the purposes of         the seeds were placed under control at an oil mill, those
the calculation are fixed in Article 5 of Regulation No          prices being determined in accordance with Articles 1 , 4
225/67/EEC ; whereas the value of those quantities should        and 5 of Regulation No 115/67/EEC ; whereas, if no offer
be determined in accordance with Article 6 of that               and no price can be used for such determination, the
Regulation ;                                                      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
                                                                 with Article 38 of Regulation (EEC) No 2681 /83, account
Whereas Article 3 of Regulation No 115/67/EEC provides           being taken of the prices of the main competing cereals ;
that, where no offer or quotation can be used as a basis
for determining the world market price and where it is,
                                                                 (') OJ  No  L  163, 22. 6. 1983, p. 44.
moreover, impossible to establish the value of the oil or        (J) OJ  No  L  197, 26. 7. 1988, p. 9.
oil cake processed from such seed, the world market price        (3) OJ  No  L  266, 28. 9. 1983, p. 1 .
should be determined on the basis of the most recent             (<)  OJ No  L  187, 1 . 7. 1989, p. 130.
 ---pagebreak--- 30 . 9 . 89                              Official Journal of the European Communities                              No L 281 /61
Whereas the aid for colza, rape or sunflower seed                           central rate of each of the currencies of the
harvested or processed in Spain or Portugal is to be                        Member States referred to in (a), and
advised as provided for in Council Regulation (EEC) No
478/86 (*) ; whereas pursuant to Article 95 (2) and 293 (2)             — the spot market rate for the currency of the
of the Act of Accession this aid is to be introduced at the                 Member State in question in relation to each of
                                                                            the currencies of the Member States referred to in
beginning of the 1986/87 marketing year for seed
harvested in these two Member States ;                                      (a), as recorded over a period to be determined ;
                                                                   Whereas Regulation (EEC) No 1813/84 specifies the spot
Whereas, in Article 14 of Council Regulation (EEC) No              and forward exchange rates and the period to be used for
475/86 of 25 February 1986 laying down general rules for            calculating the differential amounts ; whereas in cases
the mechanism for controlling the prices and the quanti­           where, for one or more months, quotations of forward
ties of certain products in the oils and fats sector released      exchange rates are not available, the rates adopted for the
for consumption in Spain (2), as amended by Regulation              previous months or the following months, as the case may
                                                                   be, must be used ;
(EEC) No 1930/88 (3), provision is made for the granting
of compensatory aid, subject to certain conditions ;
whereas compensatory aid should be fixed for sunflower             Whereas the subsidy should be fixed whenever the
seeds harvested in Spain ;                                          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 becomes obvious
                                                                    that such alteration is necessary ;
Whereas Council Regulation (EEC) No 1920/87 (4),
provides for the granting of a special subsidy for
sunflower seed harvested and processed in Portugal ;                Whereas it follows from applying these provisions to the
whereas the amount of this subsidy should be fixed ;                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 Q, as last amended by Regulation
(EEC) No 431 /89 (*), 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
(a) for those Member States whose currencies are main­
     tained as between themselves within a spread at any            1 . The amounts of the subsidy and the exchange rates
     given moment of 2,25 %, the difference between :               referred to in Article 33 (2) and (3) of Regulation (EEC)
                                                                    No 2681 /83 shall be as set out in the Annex hereto.
     — the conversion rate used under the common
          agricultural policy, and                                  2. The amount of the compensatory aid referred to in
                                                                    Article 14 of Regulation (EEC) No 475/86 shall be as
     — the conversion rate resulting from the central rate ;        shown in Annex III to this Regulation for sunflower seed
                                                                    harvested in Spain.
(b) for the other Member States, the difference between :
                                                                    3. The amount of the special subsidy provided
     — the relationship between the conversion rate used            for by Regulation (EEC) 1920/87 for sunflower seed
         under the common agricultural policy for the               harvested and processed in Portugal is fixed in Annex III.
          currency of the Member State concerned and the
(') OJ   No  L  53, 1 . 3 . 1986, p. 55.
(2) OJ   No  L  53, 1 . 3 . 1986, p. 47.
                                                                                               Article 2
(3) OJ   No  L  170, 2. 7. 1988, p. 3 .
(4) OJ   No  L  183, 3. 7. 1987, p. 18 .
O   OJ   No  L  170, 29. 6. 1984, p. 41
(<) OJ   No  L  50, 22. 2. 1989, p. 7.                              This Regulation shall enter into force on 1 October 1989 .
 ---pagebreak---        No L 281 /62                           Official Journal of the European Communities                                 30. 9. 89
                        This Regulation shall be binding in its entirety and directly applicable in all Member
                        States.
                        Done at Brussels, 29 September 1989.
                                                                                     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
                                                      10             11              12            1           2                 3
  1 . Gross aids (ECU):                                       \              I              \
      — Spain                                           1,170          1,170          1,170         1,170       1,170             1,170
      — Portugal                                        0,000         0,000           0,000         0,000       0,000             0,000
      — Other Member States                           22,170         22^96           22,474       22,593      22^00             23,189
  2. Final aids :                              \              \              l              \
      (a) Seed harvested and processed in :                                  I              \
          — Federal Republic of Germany
             (DM)                                     52,66          53,19           5338         53,69       54,41             55,28
          — Netherlands (Fl)                          58,48          59,08           59,28        59,63       60,44             61,44
          — BLEU (Bfrs/Lfrs)                       1 070,52       1 081,43        1 085,20     1 090,95    1 105,77          1 120,42
          — France (FF)                              168,23         169,97          170,54       171,44      173,82            176,05
          — Denmark (Dkr)                            197,98         200,00          200,69       201,76      204,50            207,08
          — Ireland (£ Irl)                           18,724         18,917          18,981       19,081      19,345            19,594
          — United Kingdom (£)                        14,679         14,837          14,872       14,916      15,135            15,247
          — Italy (Lit)                          37188          37 566           37 698       37 859      38 373            38 698
          — Greece (Dr)                            3 621,74       3 645,81        3 623,91     3 607,63    3 664,50          3635,51
      (b) Seed harvested in Spain and
          processed :                                                        I              1
          — in Spain (Pta)                           178,89         178,89          178,89       178,89      178,89            178,89
          — in another Member State (Pta)          3 177»74       3 212,41        3 218,64     3 228,94    3 275,45          3 297,08
      (c) Seed harvested in Portugal and
          processed :                                                        I              I
          — in Portugal (Esc)                           0,00          0,00            0,00          0,00        0,00              0,00
          — in another Member State (Esc)          4 494,56       4 484,47     ;  4 487,75     4 487,37    4 539,02          4 537,31
 ---pagebreak--- 30. 9. 89                                 Official Journal of the European Communities                            No L 281 /63
                                                             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
                                                 10             11           12             1           2                3
1 . Gross aids (ECU):
    — Spain                                        3,670         3,670        3,670          3,670       3,670            3,670
    — Portugal                                     2,500         2,500        2,500          2,500       2,500            2,500
    — Other Member States                        24,670         24,896       24,974        25,093      25,400           25,689
2. Final aids :                                                                     l
    (a) Seed harvested and processed in : l              \                          I
        — Federal Republic of Germany                                               l
           (DM)                                  58,56          59,10        59,28         59,59       60,31            61,18
        — Netherlands (Fl)                       65,08          65,67        65,88         66,23       67,04            68,03
        — BLEU (Bfrs/Lfrs)                    1 191,24       1 202,15     1 205,92      1 211,66    1 226,49         1 241,14
        — France (FF)                           187,48         189,21       189,79        190,69      193,06           195,29
        — Denmark (Dkr)                         220,30         22232        223,02        224,08      226,82           229,40
        — Ireland (£ Irl)                        20,866         21,059       21,123        21,223      21,487           21,736
        — United Kingdom (£)                      16,433        16,590       16,626        16,669      16,889           17,000
        — Italy (Lit)                        41 371        41 749        41 880        42 042      42 555           42 881
        — Greece (Dr)                         4 070,20       4 094,27     4 07238       4 056,09    4112^7           4 083,98
    (b) Seed harvested in Spain and                      Illi                                      Il
        processed :                                      Il                                        \\
        — in Spain (Pta)                        561,13         561,13       561,13        561,13      561,13           561,13
        — in another Member State (Pta)       3 559,98       3 594,65     3 600,88      3 611,18    3 657,69         3 679,32
    (c) Seed harvested in Portugal and    IlII                                                     II
        processed :                                                                                Il
        — in Portugal (Esc)                     480,01         480,01       480,01        480,01      480,01           480,01
        — in another Member State (Esc)       4 974,56       4 964,48     4 967,75      4 967,37    5019,02          5 017,32
 ---pagebreak---   No L 281 /64                                       Official Journal of the European Communities                                                      30. 9. 89
                                                                              ANNEX III
                                                                    Aids to sunflower seed
                                                                                                                                           (amounts per 100 kg)
l                                                           Current              1st period          2nd period          3rd period               4th period
l                                                             10                      11                 12                    1                       2
   1 . Gross aids (ECU):
       — Spain                                                 6,890                   6,890               6,890                 6,890                  6,890
       — Portugal                                              0,000                   0,000               0,000                 0,000                  0,000
       — Other Member States                                  29,500                 29,793              29,924               30,196                  31,050
  2. Final aids :                                    II
       (a) Seed harvested and processed in (') :
           — Federal Republic of Germany
               (DM)                                           70,01                  70,01               71,02                71,69                   73,69
           — Netherlands (Fl)                                 77,82                  78,59               78,94                79,69                   81,94
           — BLEU (Bfrs/Lfrs)                              1 424,46               1 438,61            1 444,94            1 458,07                 1 49931
           — France (FF)                                     224,30                 226,55              227,54              229,63                   236,29
           — Denmark (Dkr)                                   263,44                 266,05              267,22              269,65                   277,28
           — Ireland (£ Irl)                                  24,964                 25,215              25,325               25,557                  26,299
           — United Kingdom (£)                               19,691                  19,896             19,968               20,120                  20,752
           — Italy (Lit)                                  49 466                49 956               50 176             50 588                   52 014
           — Greece (Dr)                                   4 883,66               4 917,84            4 900,95            4 910,08                 5 078,95
       (b) Seed harvested in Spain and
           processed :
           — in Spain (Pta)                                1 053,45               1 053,45            1 053,45            1 053,45                 1 053,45
           — in another Member State (Pta)                 3 620,20 '             3 664,96            3 678,00            3 709,43                 3 836,32
       (c) Seed harvested in Portugal and
           processed :
           — in Portugal (Esc)                                 0,00                    0,00                0,00                 0,00                    0,00
           — in Spain (Esc)                                6 485,04               6477,48             6 489,20            6 515,69                 6 676,52
           — in another Member State (Esc)                 6 320,24               6 312,87            6 324,29            6 350,1 1                6 506,84
  3. Compensatory aids :                             II\                                                             I                     L
       — in Spain (Pta)                                    3 574,32               3 619,09            3 632,13            3 663,07                 3 789,97
  4. Special aid :                                   \                      I                     Il
       — in Portugal (Esc)                                 6 320,24               6 312,87            6 324,29            6 350,11                 6 506,84
  (') For seed harvested m the Community as constituted at 31 December 1985 and processed in Spain, the amounts shown in 2 (a) to be multiplied by 1,0260760,
                                                                              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
                                                    10                   11                   12                1                  2                    3
  DM                                              2,073350             2,069410             2,065180         2,061740            2,061740             2,051540
  Fl                                              2,337500             2,332970             2,330850         2,323840            2,323840             2,310970
  Bfrs/Lfrs                                    43,445000             43,402500             43,354500        43,320300         43,320300              43,188700
  FF                                              7,013070             7,010270             7,006370         7,004500            7,004500             6,996950
  Dkr                                             8,060230             8,058850             8,056660         8,057050            8,057050             8,063030
 £Irl                                             0,778082             0,777414             0,777345         0,777195            0,777195             0,778471
 £                                                0,675663             0,677670             0,679674         0^81635             0,681635             0,687283
  Lit ;                                    1 495,78 -            1 499,03              1 502,13         1 505,39          1 50539                1 514,23
 Dr                                           180,21000             182,13600             184,15200       186,30700          186,30700              191,47400
 Esc                                          174,14400             174,64800             175,23700       176,11600          176,11600              178,96900
 Pta                                          129,86300             130,38000             130,87400       131,32900          131,32900             132,49200