CELEX: 31983R0075
Language: en
Date: 1983-01-14 00:00:00
Title: Commission Regulation (EEC) No 75/83 of 13 January 1983 fixing the amount of the subsidy on oil seeds

No L 12/32                           Official Journal of the European Communities                               14. 1 . 83
                                   COMMISSION REGULATION (EEC) No 75/83
                                                   of 13 January 1983
                                   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 Q, 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
                                                               be adjusted to allow for the difference in transport and
Whereas the target price and the monthly increases in          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 (J)            account only of the loading, transport and insurance
and (EEC) No 1419/82 (4) ; whereas Article 29 of Regu­         costs which to its knowledge are the lowest ; whereas,
lation No 136/66/EEC provides that the world market
                                                               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         Whereas Article 5 of Regulation No 115/67/EEC
for competing products ;
                                                               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 (*), as last amended by            Whereas Article 3 of Regulation No 225/67/EEC
Regulation (EEC) No 1983/82 (% 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 shouid 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.
W Ol No 111 . 10 . 6 . 1967 . D . 2196/ 67 .                    0 OJ No 136, 30 . 6. 1967, p. 2919/67.
(<j OJ No L 215, 23. 7. 1981, p. 6.                             (8) OJ No L 189, 1 . 7. 1982, p. 62.
 ---pagebreak--- 14. 1 . 83                          Official Journal of the European Communities                          No L 12/33
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 45/83 (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 1 1 5/67/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
                                                              provides that the corrective amount must be equal to
rence between the price of 100 kilograms of colza or          the difference between the world market price for
rape seed plus processing costs and the total price of
the quantities of oil and oil cake given by processing        colza, rape and sunflower seeds and the forward price
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 1 1 5/67/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.
                                                              O   OJ  No   L 116,   28 . 4. 1978 , p. 4.
    of one or more other seeds, plus processing costs,        O   OJ  No   L 133 ,  10 . 6. 1972, p. 1 .
    and the total of the prices of the quantities of oil      (4) OJ  No   L 6, 8 .  1 . 1983 , p. 7.
 ---pagebreak--- No L 12/34                         Official Journal of the European Communities                          14. 1 . 83
nation, the method of calculation provided for in                relation to the Community currencies referred to
Article 38 of Regulation (EEC) No 1204/72 should be              in the previous indent ;
used ; whereas the abovementioned difference may be
adjusted pursuant to Article 39 of Regulation (EEC)          Whereas it follows from applying these provisions to
No 1204/72, account being taken of prices for soya           the offers and quotations known to the Commission
seeds on the world market ;                                  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 ;        HAS ADOPTED THIS REGULATION :
whereas the subsidy may be altered whenever it
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 14 January
    these currencies recorded for a given period in          1983 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 13 January 1983 .
                                                                       For the Commission
                                                                         Poul DALSAGER
                                                                  Member of the Commission
 ---pagebreak--- 14. 1 . 83                     Official Journal of the European Communities                                 No L 12/35
                                                   ANNEX
           to the Commission Regulation of 13 January 1983 fixing the amount of the subsidy
                                                 on oil seeds
                                                                                                            (ECU / 100 kg)
     CCT
   heading                           Description                                            Subsidy
      No
ex 12.01     Colza and rape seed                                                            25-757
ex 12.01     Sunflower seed                                                                 33-461
                                                                                                            (ECU/ 100 kg)
                                                                        Subsidy in the case of advance
     CCT                                                                   fixing for the month of
   heading                  Description
      No                                                 January February      March       April       May        June
                                                           1983    1983         1983       1983        1983       1983
ex 12.01     Colza and rape seed                         25-757  26-301       26-554      26-714     26-403     26-252
ex 12.01     Sunflower seed                              33-461  33-673       33-471      33-202     33-073        —