CELEX: 31975R0797
Language: en
Date: 1975-03-27 00:00:00
Title: Regulation (EEC) No 797/75 of the Commission of 26 March 1975 fixing the amount of the subsidy on oil seeds

27. 3 . 75                               Official Journal of the European Communities                            No L 78 /43
                             REGULATION (EEC) No 797/ 75 OF THE COMMISSION
                                                        of 26 March 1975
                                     fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN                                     mining world market prices for oil seeds and fixed the
COMMUNITIES,                                                       frontier crossing point, fixed at Rotterdam ;
Having regard to the Treaty establishing the European              Whereas Article 1 of that Regulation provides that
Economic Community ;                                               when the world market price is being determined
                                                                   account should be taken of all offers on the world
                                                                   market known to the Commission and of quotations
Having regard to Council Regulation No 136/                        on those exchanges which are significant for interna­
66/EEC (') of 22 September 1966 on the establish­                  tional trade ; whereas Article 2 of Commission Regula­
ment of a common organization of the market in oils                tion No 225/67/ EEC (6) of 28 June 1967 on detailed
and fats, as last amended by Regulation (EEC) No                   rules for determining the world market price for oil
1707/73 (2), and in particular Article 27 (4) thereof ;            seeds, as last amended by the Act (7) annexed to the
                                                                   Treaty (8) on the accession of new Member States to
                                                                   the European Economic Community and the Euro­
Having regard to the Opinion of the Monetary
                                                                   pean Atomic Energy Community, signed at Brussels
Committee ;                                                        on 22 January 1972, provides that offers and quota­
                                                                   tions which do not relate to shipments to be effected
                                                                   within 30 days following the date on which the world
                                                                    market price is determined should be disregarded ;
Whereas Article 27 of Regulation No 136/66/ EEC                    whereas offers and quotations which the Commission
provides that a subsidy should be granted in respect of            believes, in view of general price movements or infor­
oil seeds harvested and processed within the Commu­                 mation available to it, not to be representative of the
nity when the target price for a species of seed is                 real trend of the market must also be disregarded ;
higher than the price on the world market ; whereas                whereas offers and quotations relating to quantities of
these provisions apply only in respect of colza, rape               less than 500 metric tons and offers relating to seed of
and sunflower seeds ;
                                                                    a quality other than that normally acceptable on the
                                                                   world market must also be disregarded ;
Whereas the subsidy on oil seeds should , theoretically,
be equal to the difference between those two prices ;               Whereas Article 3 of Regulation No 225/67/ EEC
                                                                    provides that of the offers and quotations taken into
                                                                    consideration, those for delivery c and f should be
Whereas the target price for each species of seed was               increased by 0-2 % ; whereas offers and quotations for
fixed by Council Regulation (EEC) No 1 1 22/74 (3) of               delivery fas, fob or otherwise should be increased, as
29 April 1974 fixing target and basic intervention                  appropriate, by loading, transport and insurance costs
prices for oil seeds for the 1974/75 marketing year, as             from the point of shipment or loading to the frontier
amended by Regulation (EEC) No 2496/74 (4) ;                        crossing point ; whereas cif offers and quotations for
                                                                    frontier crossing points other than Rotterdam should
                                                                    be adjusted to allow for the difference in transport
Whereas Article 29 of Regulation No 136/66/ EEC                     costs as compared with a product delivered cif
provides that the world market price, calculated for a              Rotterdam ; whereas the Commission should take
Community frontier crossing point, is to be deter­                  account only of the loading, transport and insurance
mined on the basis of the most favourable purchasing                costs which to its knowledge are the lowest ; whereas,
opportunities, quotations being adjusted where neces­               finally, offers and * quotations for delivery cif
sary to take account of quotations for competing                    Rotterdam should be increased by 0-20 unit of
products ;                                                          account ;
Whereas Article 4 of Council Regulation No 115/                     Whereas Article 5 of Regulation No 115/67/ EEC
67/ EEC (5) of 6 June 1967 laid down criteria for deter­            provides tHat the world market price should be deter­
                                                                    mined for seed of the standard quality for which the
(') OJ  No 172, 30 . 9 . 1966, p. 3025/66.                          target price has been fixed, delivered in bulk ;
(2) OJ  No L 175, 29. 6. 1973, p. 5 .
(3) OJ  No L 128 , 10 . 5. 1974, p. 8 .                            (6) OJ No 136, 30 . 6. .1967, p . 2919 / 67 .
(4) OJ  No L 268 , 3 . 10 . 1974, p. 1 .                            ( 7) OJ No L 73, 27. 3 . 1972, p. 14.
(5) OJ  No 111 , 10. 6. 1967, p. 2196/67.                          (8 ) OJ No L 73 , 27. 3 . 1972, p. 5 .
 ---pagebreak--- No L 78 /44.                      Official Journal of the European Communities                                 27 . 3 . 75
whereas Article 3 of Regulation No 225/67/ EEC              — the difference between the price of 100 kg of
provides that offers and quotations relating to                     colza, rape or sunflower seeds, plus processing
products presented otherwise than in bulk should be                 costs, and the total of the prices of the quantities
adjusted by deducting the additional value resulting                of oil and oil cake resulting from the processing of
from that presentation ; whereas offers and quotations              the type of seed in question , and
relating to a quality other than the standard quality
for which the target price was fixed should be adjusted     — the difference between the price of 100 kg of one
on the basis of the coefficients of equivalence shown               or more other seeds, plus processing costs, and the
in the Annex to that Regulation ; whereas, in the case              total of the prices of the quantities of oil and oil
of offers on the world market for qualities of colza                cake resulting from the processing of these seeds ;
and rape seed other than those listed in that Annex,
coefficients of equivalence derived from those listed       Whereas the factors to be taken into consideration for
in that Annex may, pursuant to Article 4 of Regula­          the purpose of determining that margin are defined in
tion No 225/67/ EEC, be applied ; whereas, when             Article 8 of Regulation No 225/ 67/ EEC ; whereas no
derived coefficients are being calculated, account must      adjustment should be made where the margin is
be taken of the differences between prices for the qual­     found to be less than 0-50 unit of account ; whereas
ities of seed in question and prices for the qualities       Article 6 (2) of Regulation No 115/67/ EEC provides
listed in that Annex, and of the characteristics of these
                                                             that, when the amount of the adjustment is being
various seeds ;                                              determined, account should be taken of the incidence
                                                             of the margin in question on marketing operations of
                                                             Community traders and on the disposal of the various
                                                             types of seed on the world market ;
 whereas Article 2 of Regulation No 115/67/ EEC
provides that, where no offer or quotation can be used
as a basis for determining the world market price, that      Whereas Council Regulation (EEC) No 2114/71 (') of
price should be determined on the basis of the value         28 September 1971 on the subsidy for oil seeds, as
of the average quantities of oil and oil cake resulting      amended by Regulation (EEC) No 2730/71 (2 ), laid
from the processing of 100 kg of seed within the             down rules for granting the subsidy on oil seeds ;
Community less an amount corresponding to the cost           whereas under that Regulation , where the subsidy to
of processing these seeds into oil and oil cake ;            be granted is fixed in advance, the amount of such
whereas the quantities and costs to be taken into            subsidy must be equal to the amount applicable on
consideration for the purposes of the calculation are        the day on which the application for advance fixing
 fixed in Article 5 of Regulation No 225/67/ EEC ;           was lodged, adjusted by the difference between the
whereas the value of those quantities should be deter­        target price valid on that day and the target price valid
 mined in accordance with the provisions of Article 6        on the day on which the seeds are placed under
 of that Regulation ;                                        control at an oil mill and, where appropriate, a correc­
                                                              tive amount ; whereas Article 36 of Commission Regu­
                                                              lation (EEC) No 1 204/72 (3 ) of 7 June 1972 laying
                                                              down detailed rules for the application of the subsidy
 Whereas Article 3 of Regulation No 115/67/EEC                system for oil seeds, as last amended by Regulation
 provides that, where no offer or quotation can be used       ( EEC) No 1021 /74 (4), provides that such adjustment
 as a basis for determining the world market price and        should involve increasing or reducing the amount of
 where it is, moreover, impossible to establish the value     subsidy applicable on the day on which the applica­
 of the oil or oil cake processed from such seed , the        tion was lodged by the difference between the target
 world market price should be determined on the basis         price valid during the month during which the seeds
 of the most recent known value for oil or oil cake,          were placed under control at an oil mill and the target
 adjusted to take account of the trend of world prices        price valid on the day on which the application was
 for competing products by applying to that value the         lodged ;
 rules set out in Article 2 of Regulation No 1 1 5/
 67/ EEC ; whereas Article 7 of Regulation No 225/
 67/ EEC defines competing products as those oils or          Whereas Article 38 of Regulation ( EEC) No 1204/72
 oil cakes, as the case may be, which appear to have           provides that the corrective amount must be equal to
 been offered in the largest quantities on the world           the difference between the world market price for
 market during the period under consideration ;                colza , rape and sunflower seeds and the forward price
                                                               for those seeds valid for a shipment effected during
                                                               the month in which the seeds were placed under
                                                               control at an oil mill, those prices being determined
 Whereas Article 6 ( 1 ) of Regulation No 115/ 67/ EEC         in accordance with Articles 1 , 4 and 5 of Regulation
  provides that, when the world market price of a type
 of seed is being determined, the price used should be         (')  OJ   No L  222,   2 . 10 . 1971 , p. 2 .
                                                               (-)  OJ   No L  282,   23 . 12 . 1971 , p. 18 .
  adjusted by an amount not exceeding the margin               (3 ) OJ   No L  1 33 , 10 . 6 . 1972, p. 1 .
  between :                                                    (4 ) OJ   No  L 117,   30 . 4 . 1974, p. 29 .
 ---pagebreak--- 27. 3 . 75                           Official Journal of the European Communities                           No L 78 /45
1 15/67/ EEC ; whereas, if no offer and no price can be         — for other currencies an exchange rate based on the
used for such determination , the method of calcula­                 arithmetic mean of the spot market rates of each
tion provided for in Article 38 of Regulation (EEC)                  of these currencies recorded for a given period, in
No 1204/72 should be used ; whereas the abovemen­                    relation to the Community currencies referred to
tioned difference may be adjusted pursuant to Article                in the previous subparagraph ;
39 of Regulation (EEC) No 1204/72, account being
taken of prices for soya seeds on the world market ;            Whereas it follows from applying all these provisions
                                                                to the offers and quotations known to the Commis­
Whereas the subsidy should be fixed whenever the                sion that the subsidy on colza, rape and sunflower
market situation makes it necessary and in such a way           seeds should be fixed as shown in the table annexed
as to ensure its being applied at least once a week ;           to this Regulation ,
Whereas Article. 34 of Regulation (EEC)' No 1204/72
provides that the subsidy fixed previously should be            HAS ADOPTED THIS REGULATION :
retained if the variation in the factors used to calculate
it entails an increase or reduction in that subsidy of
less than 0-10 unit of account ; whereas the subsidy                                    Article 1
may be altered whenever it becomes obvious that such
alteration is necessary ;                                       The amount of the subsidy referred to in Article 27 of
                                                                Regulation No 136/66/ EEC is hereby fixed as shown
Whereas, if the subsidy system is to operate normally,          in the table annexed to this Regulation .
subsidies should be calculated on the following basis :
— in the case of currencies which are maintained in                                     Article 2
      relation to each other, at any given moment,
      within a band of 2 25 % , a rate of exchange based        This Regulation shall enter into force on 1 April
    , on their effective parity ;                                1975 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
               . Done at Brussels , 26 March 1975 .
                                                                            For the Commission
                                                                              P.J. LARDINOIS
                                                                        Member of the Commission
                                                                   /
 ---pagebreak--- No L 78 /46                        Official Journal of the European Communities                           27 . 3 . 75
                                                       ANNEX
            to the Commission Regulation of 26 March 1975 fixing the amount of the subsidy on oil
                                                         seeds
            Subsidy applicable from 1 April 1975 to colza and rape seeds (CCT heading No ex 12.01 ) and
                                 sunflower seeds (CCT heading No ex 12.01 ) (u.a./ 100 kg)
                                                                  Colza and rape seed      Sunflower seed
            Subsidy                                                       0.486                  0
            Subsidy in the case of advance fixing :
            —   for the month  of April 1975                              0.486                   0
            —   for the month  of May 1975                                0-486                   0
            —   for the month  of June 1975                               0-985                   0
            —   for the month  of July 1975                               2-261                   0
            —   for the month  of August 1975                             2.831                  —
            —   for the month  of  September 1975                         3.061                  —