CELEX: 31988R3398
Language: en
Date: 1988-11-01 00:00:00
Title: Commission Regulation (EEC) No 3398/88 of 31 October 1988 fixing the amount of the subsidy on oil seeds

1 . 11 . 88                                Official Journal of the European Communities                           No L 299/41
                                       COMMISSION REGULATION (EEC) No 3398/88
                                                          of 31 October 1988
                                           fixing the amount of the subsidy on oil seeds
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           Whereas the abatement of the subsidy for colza, rape and
                                                                       sunflower seed which arises from the system of maximum
 Having regard to the Treaty establishing the European                 guaranteed quantities for the 1988/89 marketing year has
 Economic Community,                                                   been fixed by Commission Regulations (EEC) No
                                                                       2761 /88 (s) and (EEC) No 3042/88 (10) ;
 Having regard to the Act of Accession of Spain and
 Portugal,
                                                                       Whereas the standard quality for sunflower seed has been
 Having regard to Council Regulation No 136/66/EEC of                  maintained by the Council for the 1988/89 marketing
 22 September 1966 on the establishment of a common                    year ; whereas the coefficients of equivalence applied to
 organization of the market in oils and fats ('), as last              the prices of sunflower seed from third countries have
 amended by Regulation (EEC) No 2210/88 (2), and in                    been fixed by Commission Regulation (EEC) No 2869/87
 particular Article 27 (4) thereof,                                    (");
 Having regard to Council Regulation (EEC) No
 1678/85 (3) fixing the conversion rates to be applied in
 agriculture, as last amended by Regulation (EEC) No                   Whereas Article 29 of Regulation No 136/66/EEC
 3355/88 (4),
                                                                       provides that the world market price, calculated for a
                                                                       Community frontier crossing point, is to be determined
 Having regard to Council Regulation (EEC) No 1569/72                  on the basis of the most favourable purchasing opportuni­
of 20 July 1972 laying down special measures for colza,                ties, quotations being adjusted where necessary to take
 rape and sunflower seed 0, as last amended by Regulation              account of quotations for competing products ;
(EEC) No 2216788 0, and in particular Article 2 (3)
 thereof,
 Having regard to the opinion of the Monetary Committee,               Whereas Article 4 of Council Regulation No 115/67/EEC
                                                                       of 6 June 1967 laying down criteria for determining
Whereas Article 27 of Regulation No 136/66/EEC                         world market prices for oil seeds and fixing the frontier
provides that a subsidy should be granted in respect of oil            crossing point (l2), as last amended by Regulation (EEC)
seeds harvested and processed within the Community                     No 1983/82 (13), fixed the said crossing point at
when the target price for a species of seed is higher than             Rotterdam ; whereas Article 1 of that Regulation provides
the price on the world market ; whereas these provisions               that when the world market price is being determined
                                                                       account should be taken of all offers on the world market
at present apply only in respect of colza, rape and                    known to the Commission and of quotations on those
sunflower seeds ;
                                                                       exchanges which are significant for international trade ;
                                                                       whereas Article 2 of Commission Regulation No 225/
Whereas the subsidy on oil seeds should, theoretically, be             67/EEC of 28 June 1967 on detailed rules for determi­
equal to the difference between those two prices ;                     ning the world market price for oil seeds (H), as last
                                                                       amended by Regulation (EEC) No 2869/87, provides that
                                                                       offers and quotations which do not relate to shipments to
Whereas the target price and the monthly increases in the              be effected within 30 days following the date on which
target price for colza, rape and sunflower seed for the                the world market price is determined should be disre­
 1988/89 marketing year were fixed by Regulations (EEC)                garded ; whereas offers and quotations which the
 No 2213/88 0 and (EEQ No 2214/88 (8);                                 Commission believes, in view of general price movements
                                                                       or information available to it, not to be representative of
Whereas a supplement to the target price for 'double zero'             the real trend of the market must also be disregarded ;
colza and rape seed was fixed in Regulation (EEC) No                   whereas offers and quotations relating to quantities of less
2213/88 ;                                                              than 500 tonnes and offers relating to seed of a quality
                                                                       other than that normally acceptable on the world market
                                                                       must also be disregarded ;
0    OJ   No  172, 30. 9. 1966, p. 3025/66.
(2)  OJ   No  L 197, 26.  7. 1988, p. 1 .
0    OJ   No  L 164, 24.  6. 1985, p. 11 .                             (9) OJ No L 247, 6. 9. 1988, p. 7.
(4)  OJ   No  L 296, 29.  10. 1988, p. 17.                             H OJ No L 271 , 1 . 10. 1988, p. 104.
0    OJ   No  L 167, 25.  7. 1972, p. 9.                               (") OJ No L 273, 26. 9. 1987, p. 16.
(«)  OJ   No  L 197, 26.  7. 1988, p. 10.                              (I2) OJ No 111 , 10. 6. 1967, p. 2196/67.
0    OJ   No  L 197, 26.  7. 1988, p. 6.                               (I3) OJ No L 215, 23. 7. 1982, p. 6.
(8)  OJ   No  L 197, 26.  7. 1988, p. 8.                               (H) OJ No 136, 30. 6. 1967, p. 2919/67.
 ---pagebreak--- No L 299/42                            Official Journal of the European Communities                                  1 . 11 . 88
Whereas Article 3 of Regulation No 225/67/EEC provides           for determining the world market price and where it is,
that of the offers and quotations taken into consideration,      moreover, impossible to establish the value of the oil or
those for delivery c and f should be increased by 0,2 % ;        oil cake processed from such seed, the world market price
whereas offers and quotations for delivery fas, fob or           should be determined on the basis of the most recent
otherwise should be increased, as appropriate, by loading,       known value for oil or oil cake, adjusted to take account
transport and insurance costs from the point of shipment         of the trend of world prices for competing products by
or loading to the frontier crossing point ; whereas cif          applying to that value the rules set out in Article 2 of
offers and quotations for frontier crossing points other         Regulation No 115/67/EEC ; whereas Article 7 of Regula­
than Rotterdam should be adjusted to allow for the diffe­        tion No 225/67/EEC defines competing products as those
rence in transport and insurance costs as compared with a        oils or oil cakes, as the case may be, which appear to have
product delivered cif Rotterdam ; whereas the Commis­            been offered in the largest quantities on the world market
sion should take account only of the loading, transport          during the period under consideration ;
and insurance costs which to its knowledge are the
lowest ; whereas, finally, offers and quotations for delivery
cif Rotterdam should be increased by 0,242 ECU ;
                                                                 Whereas, under Article 6 of Regulation No 115/67/EEC,
Whereas Article 5 of Regulation No 115/67/EEC provides           the price determined for colza, rape and sunflower seeds
that the world market price should be determined for              must also be adjusted by an amount not exceeding the
seed of the standard quality for which the target price has       margin, as calculated in accordance with that Article,
been fixed, delivered in bulk ;                                  where that margin may affect the normal disposal of seeds
                                                                  harvested in the Community ;
Whereas Article 3 of Regulation No 225/67/EEC provides
that offers and quotations relating to products presented
otherwise than in bulk should be adjusted by deducting            Whereas Council Regulation (EEC) No 1594/83 of 14
the additional value resulting from that presentation ;           June 1983 on the subsidy for oil seeds ('), as last amended
whereas offers and quotations relating to a quality other         by Regulation (EEC) No 2215/88 (2), laid down rules for
than the standard quality for which the target price was          granting the subsidy on oil seeds ; whereas, under that
 fixed should be adjusted on the basis of the coefficients of     Regulation, where the subsidy to be granted is fixed in
equivalence shown in the Annex to that Regulation ;               advance, the amount of such subsidy must be equal to the
whereas, in the case of offers on the world market for            amount applicable on the day on which the application
qualities of colza and rape seed other than those listed in       for advance fixing was lodged, adjusted by the difference
 that Annex, coefficients of equivalence derived from those       between the target price valid on that day and the target
 listed in that Annex may, pursuant to Article 4 of Regula­       price valid on the day on which the seeds are placed
 tion No 225/67/EEC, be applied ; whereas, when derived           under control at an oil or feed mill and, where appro­
 coefficients are being calculated, account must be taken of      priate, a corrective amount ; whereas Article 35 of
 the differences between prices for the qualities of seed in      Commission Regulation (EEC) No 2681 /83 of 21
 question and prices for the quafities listed in that Annex,      September 1983 laying down detailed rules for the appli­
 and of the characteristics of these various seeds ;              cation of the subsidy system for oil seeds (3), as last
                                                                  amended by Regulation (EEC) No 3378/88 (4), provides
                                                                  that such adjustment should involve increasing or redu­
                                                                  cing the amount of subsidy applicable on the day on
                                                                  which the application was lodged by the corrective
 Whereas Article 2 of Regulation No 115/67/EEC provides           amount and the difference between the target prices
 that, where no offer or quotation can be used as a basis         mentioned in Article 35 of Regulation (EEC) No
 for determining the world market price, that price should        2681 /83 :
 be determined on the basis of the value of the average
 quantities of oil and oil cake resulting from the proces­
 sing of 100 kilograms of seed within the Community less
 an amount corresponding to the cost of processing these
 seeds into oil and oil cake ; whereas the quantities and
 costs to be taken into consideration for the purposes of
 the calculation are fixed in Article 5 of Regulation No          Whereas Article 37 of Regulation (EEC) No 2681 /83
  225/67/EEC ; whereas the value of those quantities should        provides that the corrective ^amount must be equal to the
  be determined in accordance with Article 6 of that               difference between the world market price for colza, rape
  Regulation ;                                                     and sunflower seeds and the forward price for those seeds
                                                                   valid for a shipment effected during the month in which
                                                                   (') OJ No  L  163, 22.  6. 1983, p. 44.
                                                                   (*) OJ No  L  197, 26.  7. 1988, p. 9.
  Whereas Article 3 of Regulation No 1 15/67/EEC provides          (3) OJ No  L  266, 28 . 9. 1983, p. 1 .
  that, where no offer or quotation can be used as a basis         0   OJ No  L  296, 29.  10. 1988, p. 71 .
 ---pagebreak---   1 . 11 . 88                              Official Journal of the European Communities                              No L 299/43
  the seeds were placed under control at an oil mill, those               — the conversion rate resulting from the central rate,
  prices being determined in accordance with Articles 1 , 4
  and 5 of Regulation No 115/67/EEC ; whereas, if no offer            (b) for the other Member States, the difference between :
  and no price can be used for such determination, the                    — the relationship between the conversion rate used
  method of calculation provided for in Article 37 of Regu­                   under the common agricultural policy for the
  lation (EEC) No 2681 /83 should be used ; whereas the                       currency of the Member State concerned and the
  abovementioned difference may be adjusted in accordance                     central rate of each of the currencies of the
 with Article 38 of Regulation (EEC) No 2681 /83, account                     Member States referred to in (a), and
  being taken of the prices of the main competing cereals ;
                                                                          — the spot market rate for the . currency of the
                                                                              Member State in question in relation to each of
                                                                              the currencies of the Member States referred to in
 Whereas the aid for colza, rape or sunflower seed                            (a), as recorded over a period to be determined ;
  harvested or processed in Spain or Portugal is to be
 advised as ( provided for in Council Regulation (EEC) No
 478/86 ('); whereas pursuant to Article 95(2) and 293 (2)           Whereas Regulation (EEC) No 1813/84 specifies the spot
 of the Act of Accession of Spain and Portugal this aid is           and forward exchange rates and the period to be used for
 to be introduced at the beginning of the 1986/87 marke­             calculating the differential amounts ; whereas in cases
 ting year for seed harvested in these two Member States ;           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, in Article 14 of Council Regulation (EEC) No
 475/76 of 25 February 1986 laying down general rules for            Whereas the subsidy should be fixed whenever the
 the mechanism for controlling the prices and the quanti­            market situation makes it necessary and in such a way as
 ties of certain products in the oils and fats sector released       to ensure its being applied at least once a week ; whereas
 for consumption in Spain (2), as amended by Regulation              the subsidy may be altered whenever it becomes obvious
 (EEC) No 1930/88 (3), provision is made for the granting            that such alteration is necessary ;
 of compensatory aid, subject to certain conditions ;
 whereas compensatory aid should be fixed for sunflower
 seeds harvested in Spain ;                                          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 ECU and the amount of the
 Whereas Council Regulation (EEC) No 1920/87 (4),                    subsidy in each of the national currencies must be fixed
 provides for the granting of a special subsidy for                  in accordance with the Annex to this Regulation ;
 sunflower seed harvested and processed in Portugal ;                whereas, pursuant to the same Article, the spot and
 whereas the amount of this subsidy should be fixed ;                forward exchange rates for the ECU in national currencies
                                                                     determined in accordance with Article 4 of Regulation
                                                                     (EEC) No 1813/84 must also be published,
 Whereas Article 33 of Regulation (EEC) No 2681 /83
 provides for the publication of the amount of the final
 subsidy obtained from the conversion into each of the
 national, currencies of the amount in ECU resulting from            HAS ADOPTED THIS REGULATION :
 the calculation referred to above plus or minus the diffe­
 rential amount ; whereas Article 1 of Commission Regula­
 tion (EEC) No 1813/84 (*), as last amended by Regulation
 (EEC) No 2138/87 (6), defined the elements which deter­                                        Article 1
 mine the differential amounts ; whereas these elements
 are equal to the incidence on the target price less 7,5 %           1 . The amounts of the subsidy and the exchange rates
 or the subsidy of the coefficient derived from the percen­          referred to in Article 33 (2) and (3) of Regulation (EEC)
 tage referred to in Article 2 (1 ) of Regulation (EEC) No           No 2681 /83 shall be as set out in the Annex hereto.
 1569/72 ; whereas, according to these provisions, this
 percentage represents :                                             2. The amount of the compensatory aid referred to in
                                                                     Article 14 of Regulation (EEC) No 475/86 shall be as
(a) for those Member States whose currencies are main­               shown in Annex III to this Regulation for sunflower seed
      tained as between themselves within a spread at any            harvested in Spain.                        '
      given moment of 2,25% , the difference between :
                                                                     3. The amount of the special subsidy provided
      — the conversion rate used under the common                    for by Regulation (EEC) 1920/87 for sunflower seed
           agricultural policy, and                                  harvested and processed in Portugal is fixed in Annex III.
(')  OJ   No  L 53, 1 . 3. 1986, p. 55.
0    OJ   No  L 53, 1 . 3. 1986, p. 47.                                                         Article 2
O    OJ   No  L  170, 2. 7. 1988, p. 3.
0    OJ   No  L  183, 3. 7. 1987, p. 18 .
O    OJ   No  L  170, 29. 6. 1984, p. 41 .                           This Regulation shall enter into force on 1 November
(6)  OJ   No  L 200, 21 . 7. 1987, p, 9.                             1988 .
 ---pagebreak---   No L 299/44                              Official Journal of the European Communities                                  1 . 11 . 88
                       This Regulation shall be binding in its entirety and directly applicable in all Member
                       States .
                       Done at Brussels, 31 October 1988 .
                                                                                For the Commission
                                                                                 Frans ANDRIESSEN
                                                                                     Vice-President
                                                               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
                                                    11             12            1                2            3                  4
L Gross aids (ECU) :
                                                      0,580          0,580        0,580            0,580        0,580              0,580
  — Spain
                                                      0,000          0,000        0,000            0,000        0,000              0,000
  — Portugal
  — Other Member States                             20,828         21,068       21,232            20,695       20,858             21,022
X Final aids :
  (a) Seed harvested and processed in :
       — Federal Republic of Germany                                                                                              50,31
                                                    49,54          50,10         50,49            49,28        49,67
          (DM)
                                                     55,30         55,93         56,37            54,95        55,39              56,05
       —  Netherlands (Fl)
                                                   997,15      1 008,67      1 025,23            999,30    1 007,17           1 015,09
       —  BLEU (Bfrs/Lfrs)
                                                   148,97         150,74       156,18            151,88      153,09              154,29
       —  France (FF)
                                                   179,21         181,30       186,12            181,30       182,73           , 184,14
       —  Denmark (Dkr)
                                                     16,554         16,751       17,731           16,893       17,027             17,161
       —  Ireland (£ Irl)
                                                     12,228         12,381       13,219           12,773       12,875              12,881
       —  United Kingdom (£)
                                                30 966        31 342       33 031            31 973      32 227             32 193
       —   Italy (Lit)
                                                 2 348,20      2 374,12      2 373,59          2 235,39    2 253,80           2 190,70
       —   Greece (Dr)          »
   (b) Seed harvested         in  Spain and
       processed :
                                                     89,44          89,44        89,44             89,44        89,44              89,44
       — in Spain (Pta)
                                                 3 106,06       3 143,08     3 161,05          3 066,78    3 091,82            3 081,47
       — in another Member State (Pta)
   (c) Seed harvested in Portugal and
       processed :
                                                       0,00           0,00         0,00             0,00         0,00               0,00
       — in Portugal (Esc)
                                                  4 492,02      4 536,92      4 551,11         4 427,19     4 457,06           4 432,20
       — in another Member State (Esc)
 ---pagebreak--- 1 . 11 . 88                               Official Journal of the European Communities                               No L 299/45
                                                             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
                                                  11             12           1              2            3                 4
1 . Gross aids (ECU) :
    — Spain                                        3,080          3,080        3,080          3,080        3,080             3,080
    — Portugal                                     2,500          2,500        2,500          2,500        2,500             2,500
    — Other Member States                        23,328         23,568       23,732         23,195       23,358            23,522
2. Final aids :
    (a) Seed harvested and processed in :
        — Federal Republic of Germany
            (DM)                                 55,44          56,01        56,40          55,19        55,57             56,21
        —   Netherlands (Fl)                     61,91          62,55        62,99          61,57        62,00             62,67
        —   BLEU (Bfrs/Lfrs)                  1 117,32       1 128,84     1 145,94       1 120,01     1 127,89          1 135,80
        —   France (FF)                         167,66         169,43       175,14         170,84       172,05            173,26
        —   Denmark (Dkr)                       201,10         203,19       208,23         203,41       204,84            206,24
        —   Ireland (£ Irl)                      18,632         18,829       19,481         19,003       19,136            19,271
        —   United Kingdom (£)                   13,868         14,021       14,906         14,461       14,563            14,569
        —   Italy (Lit)                     34 958         35 335       37 119         36 061       36 314            36 280
        —  Greece (Dr)                        2 720,19      2 746,12      2 745,59       2 607,38     2 625,80          2 562,70
    (b) Seed harvested in Spain and
        processed :
        — in Spain (Pta)                        474,98         474,98       474,98         474,98       474,98            474,98
        — in another Member State (Pta)       3 491,59      3 528,62      3 546,59       3 452,31     3 477,35          3 467,00
    (c) Seed harvested in Portugal and
        processed :
        — in Portugal (Esc)                     470,02         470,02       470,02         470,02       470,02            470,02
        — in another Member State (Esc)      4962,03        5 006,94      5 021,12      4 897,21     4 927,08           4 902,22
 ---pagebreak--- No L 299/46                                       Official Journal of the European Communities                                                         1 . 11 . 88
                                                                           ANNEX III
                                                                   Aids to sunflower seed
                                                                                                                                          (amounts per 100 kg)
                                                           Current             1st period           2nd period          3rd period              4th period
                                                             11                     12                    1                    2                       3
1 . Gross aids (ECU) :
    — Spain                                                   5,170                  5,170                 5,170                5,170                   5,170
    — Portugal                                                0,000                  0,000                 0,000                0,000                   0,000
    — Other Member States                                    22,583                 22,961               23,131               22,522                   22,900
2. Final aids :
    (a) Seed harvested and processed in (') : .
        — Federal Republic of Germany
            (DM)                                             53,74                  54,63                55,04                53,67                    54,56
        — Netherlands (Fl)                    '              59,97                  60,97                61,42                59,82                    60,82
        — BLEU (Bfrs/Lfrs)                                1 080,81              1 098,99             1 116,92             1 087,52                1 105,77
        — France (FF)                                       160,91                 163,75               169,75               164,88                 167,75
        — Denmark (Dkr)                                     194,03                 197,34               202,64               197,17                 200,52
        — Ireland (£ Irl)                                    17,880                 18,195               18,880                18,338                  18,657
        — United Kingdom (£)                                 13,128                 13,379               14,310                13,803                  14,060
                                                        33 368                 33 975               35 848              34 643                  35 264
        — Italy (Lit)
        — Greece (Dr)                                     2 478,26              2 526,91             2 521,85             2 363,62                2 421,13
    (b) Seed     harvested     in Spain     and
        processed :
        — in Spain (Pta)                                    797,28                 797,28               797,28               797,28                 797,28
        — in another Member State (Pta)                   3 40«,43              3 466,72             3 484,38             3 377,06                3 435,38
    (c) Seed harvested in Portugal and
        processed :
        — in Portugal (Esc)                                    0,00                   0,00                  0,00                 0,00                    0,00
        — in Spain (Esc)                                  6 525,52              6 598,82             6 612,07             6 467,16                6 540,52
        — in another Member State (Esc)                   6 336,64              6 407,82             6 420,69             6 279,97                6 351,21
3. Compensatory aids :
                                                          3 361,60              3 419,89             3 434,79             3 327,48                3 385,79
    — in Spain (Pta)
4. Special aid :
                                                          6 336,64               6 407,82             6 420,69            6 279,97                6 351,21
     — in Portugal (Esc)
(') For seed harvested in the Community as constituted at 31 December 1985 and processed in Spain, the amounts shown in 2 (a) to be multiplied by 1,0298070.
                                                                            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 1 ECU)
                                                Current             1st period          2nd period          3rd period        4th period           5th period
                                                                        12                   1                   2                  3                     4
                                                  11
 DM                                              2,072150              2,067930            2,063760            2,059890           2,059890              2,048560
 Fl                                              2,336610              2,332830            2,329380            2,325130           2,325130              2,314270
                                                43,435400            43,434400            43,436800           43,423500         43,423500            43,412800
 Bfrs/Lfrs
 FF                                              7,076570              7,082230            7,088050            7,094760           7,094760              7,111510
                                                 7,993410              7,997300            8,003260            8,011890           8,011890              8,034930
 Dkr
                                                 0,775606              0,775706            0,775669            0,775805           0,775805              0,775258
 £Irl
                                                 0,657241              0,659014            0,660741            0,662383           0,662383              0,667276
 £
                                            1 543,06              1 548,42             1 553,44          1 558,56           1 558,56             1 572,78
  Lit
                                              170,19000             171,51900            172,74600           174,08900         174,08900            178,95500
  Dr
                                              171,33200             172,15400            173,01200           173,93300         173,93300            176,57500
  Esc
                                               136,35800            136,84400            137,39800           137,92700         137,92700            139,55900
  Pta
                                                                                                                                                     /