CELEX: 31981R1761
Language: en
Date: 1981-07-01 00:00:00
Title: Commission Regulation (EEC) No 1761/81 of 30 June 1981 fixing the amount of the subsidy on oil seeds

1 . 7 . 81                                 Official Journal of the European Communities                                No L 175/35
                                    COMMISSION REGULATION (EEC) No 1761 /81
                                                           of 30 June 1981
                                       fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN                                       mining world market prices for oil seeds and fixing
COMMUNITIES ,                                                        the frontier crossing point (5), as amended by Regula­
                                                                     tion (EEC) No 29 17/ 80 (6) fixed the said crossing
                                                                     point at Rotterdam ; whereas Article 1 of that Regula­
                                                                     tion provides that when the world market price is
Having regard to the Treaty establishing the European                being determined account should be taken of all
Economic Community,                                                  offers on the world market known to the Commission
                                                                     and of quotations on those exchanges which are signif­
                                                                      icant for international trade ; whereas Article 2 of
                                                                      Commission Regulation No 225/67/ EEC of 28 June
Having regard to Council Regulation No 136/66/ EEC
                                                                      1967 on detailed rules for determining the world
of 22 September 1966 on the establishment of a
                                                                      market price for oil seeds (7), as last amended by Regu­
common organization of the market in oils and
                                                                      lation (EEC) No 1744/ 80 (8), provides that offers and
fats ('), as last amended by Regulation (EEC) No
                                                                      quotations which do not relate to shipments to be
3454/80 (2), and in particular Article 27 (4) thereof,
                                                                      effected within 30 days following the date on which
                                                                      the world market price is determined should be disre­
                                                                     garded ; whereas offers and quotations which the
Having regard to the opinion of the Monetary                          Commission believes, in view of general price move­
Committee ,                                                           ments or information available to it, not to be repre­
                                                                      sentative of the real trend of the market must also be
                                                                      disregarded ; whereas offers and quotations relating to
                                                                      quantities of less than 500 tonnes and offers relating
Whereas Article 27 of Regulation No 136/66/EEC                        to seed of a quality other than that normally accep­
provides that a subsidy should be granted in respect of               table on the world market must also be disregarded ;
oil seeds harvested and processed within the Commu­
nity when the target price for a species of seed is
higher than the price on the world market ; whereas
these provisions at present apply only in respect of
colza, rape and sunflower seeds ;                                     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
                                                                      increased by 0-2 % ; whereas offers and quotations for
Whereas the subsidy on oil seeds should, theoretically,               delivery fas, fob or otherwise should be increased, as
be equal to the difference between those two prices ;                 appropriate, by loading, transport and insurance costs
                                                                      from the point of shipment or loading to the frontier
                                                                      crossing point ; whereas cif offers and quotations for
                                                                      frontier crossing points other than Rotterdam should
Whereas the target price and the monthly increases in                 be adjusted to allow for the difference in transport and
the target price for oil seeds for the 1980 / 81                      insurance costs as compared with a product delivered
marketing year were fixed by Regulations (EEC) No                     cif Rotterdam ; whereas the Commission should take
 1586/80 (3 ) and (EEC) No 1588 /80 (4 ) ; whereas Article            account only of the loading, transport and insurance
 29 of Regulation No 136/66/EEC provides that the                     costs which to its knowledge are the lowest ; whereas,
world market price , calculated for a Community fron­                 finally, offers and quotations for delivery cif
tier crossing point, is to be determined on the basis of              Rotterdam should be increased by 0-242 ECU ;
 the most favourable purchasing opportunities, quota­
tions being adjusted where necessary to take account
of quotations for competing products ;
                                                                      Whereas Article 5 of Regulation No 115/ 67/ EEC
                                                                       provides that the world market price should be deter­
Whereas Article 4 of Council Regulation No 115/                        mined for seed of the standard quality for which the
 67/ EEC of 6 June 1967 laying down criteria for deter­                target price has been fixed, delivered in bulk ;
(') OJ No 172, 30. 9. 1966, p . 302.5/66.                             (3 )  OJ No 111 , 10 . 6 . 1967, p . 2196/67.
  2 OJ No L 360, 31 . 12. 1980 , p . 16 .                              (b)  OJ No L 304, 13 . 11 . 1980 , p . 3 .
(3 ) OJ No L 160 , 26 . 6 . 1980 , p . 4 .                             ( 7) OJ No 136 , 30 . 6 . 1967, p . 2919 / 67 .
(4 ) OJ No L 160 , 26 . 6 . 1980 , p . 8 .                             (8)  OJ No L 171 , 4 . 7 . 1980 , p . 12 .
 ---pagebreak--- No L 175/ 36                      Official Journal of the European Communities                                1 . 7. 81
Whereas Article 3 of Regulation No 225/67/ EEC              — the difference between the price of 100 kilograms
provides that offers and quotations relating to                   of 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 kilograms
on the basis of the coefficients of equivalence shown             of one or more other seeds, plus processing costs,
in the Annex to that Regulation ; whereas, in the case            and the total of the prices of the quantities of oil
of offers on the world market for qualities of colza              and oil cake resulting from the processing of these
and rape seed other than those listed in that Annex,              seeds ;
coefficients of equivalence derived from those listed
in that Annex may, pursuant to Article 4 of Regula­
tion No 225/ 67/ EEC, be applied ; whereas, when            Whereas the factors to be taken into consideration for
derived coefficients are being calculated, account must     the purpose of determining that margin are defined in
be taken of the differences between prices for the qual­    Article 8 of Regulation No 225/67/ EEC ; whereas no
ities of seed in question and prices for the qualities      adjustment should be made where the margin is
listed in that Annex, and of the characteristics of these   found to be less than 0-604 ECU ; whereas Article 6
various seeds ;                                             (2) of Regulation No 115/67/ EEC provides that, when
                                                            the amount of the adjustment is being determined,
                                                            account should be taken of the incidence of the
                                                            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
of the average quantities of oil and oil cake resulting     Whereas Council Regulation (EEC) No 2114/71 of 28
from the processing of 100 kilograms of seed within         September 1971 on the subsidy for oil seeds ( ! ), as
the Community less an amount corresponding to the           amended by Regulation (EEC) No 851 /78 (2), laid
cost of processing these seeds into oil and oil cake ;      down rules for granting the subsidy on oil seeds ;
whereas the quantities and costs to be taken into           whereas, under that Regulation, where the subsidy to
consideration for the purposes of the calculation are       be granted is fixed in advance, the amount of such
fixed in Article 5 of Regulation No 225/67/ EEC ;           subsidy must be equal to the amount applicable on
whereas the value of those quantities should be deter­      the day on which the application for advance fixing
mined in accordance with Article 6 of that Regula­          was lodged, adjusted by the difference between the
tion ;                                                      target price valid on that day and the target price valid
                                                            on the day on which the seeds are placed under
                                                            control at an oil mill and, where appropriate, a correc­
                                                            tive amount ; whereas Article 36 of Commission Regu­
Whereas Article 3 of Regulation No 115/67/ EEC              lation (EEC) No 1204/72 of 7 June 1972 laying down
provides that, where no offer or quotation can be used      detailed rules for the application of the subsidy system
as a basis for determining the world market price and       for oil seeds (3), as last amended by Regulation (EEC)
where it is, moreover, impossible to establish the value    No 1202/ 81 (4), provides that such adjustment should
of the oil or oil cake processed from such seed, the        involve increasing or reducing the amount of subsidy
world market price should be determined on the basis        applicable on the day on which the application was
of the most recent known value for oil or oil cake ,        lodged by the difference between the target price valid
adjusted to take account of the trend of world prices       during the month during which the seeds were placed
for competing products by applying to that value the        under control at an oil mill and the target price valid
rules set out in Article 2 of Regulation No 115/            on the day on which the application was lodged ;
67/ EEC ; whereas Article 7 of Regulation No 225/
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
                                                            the end of the sixth month following that during
                                                            which the application was logdged ;
Whereas, pursuant to Article 6 ( 1 ) of Regulation No
115/67/ EEC, the price adopted for colza, rape and          (>)  OJ  No   L 222,  2. 10 . 1971 , p. 2.
                                                            (2)  OJ  No   L 1 16, 28 . 4. 1978 , p. 4.
sunflower seeds must also be adjusted by an amount          (3 ) OJ  No   L 1 33, 10 . 6. 1972, p. 1 .
not exceeding the difference between :                      (4 ) OJ  No   L 122,  6 . 5 . 1981 , p . 19 .
 ---pagebreak--- 1 . 7 . 81                         Official Journal of the European Communities                        No L 175/37
Whereas Article 38 of Regulation (EEC) No 1204/72             August, September, October, November and
provides that the corrective amount must be equal to          December 1980 for colza and rape seed and
the difference between the world market price for             September, October and November for sunflower seed
colza, rape and sunflower seeds and the forward price         and on the basis of the monthly increase applicable
for those seeds valid for a shipment effected during          during September, October, November and December
the month in which the seeds were placed under                1980 for colza and rape seed ; whereas this amount
control at an oil mill, those prices being determined         must therefore be applied only provisionally and will
in accordance with Articles 1 , 4 and 5 of Regulation         have to be either confirmed or replaced as soon as the
No 115/67/EEC ; whereas, if no offer and no price             target price for the 1981 /82 marketing year and the
can be used for such determination, the method of             said increase are known ;
calculation provided for in Article 38 of Regulation
(EEC) No 1204/72 should be used ; whereas the above­          Whereas the Council has not yet definitely fixed the
mentioned difference may be adjusted pursuant to              prices applicable for the new marketing year in the
Article 39 of Regulation (EEC) No 1204/72, account            oils and fats sector ; whereas, in order to prevent a
being taken of prices for soya seeds on the world             hitch of continuity in the subsidy schemes that would
                                                              cause serious disturbances on the markets, it is neces­
market ;
                                                              sary, pending the Council's decision on the matter, to
Whereas the subsidy should be fixed whenever the              fix the subsidy on the basis of the data used up to 30
market situation makes it necessary and in such a way         June 1981 ;
as to ensure its being applied at least once a week ;         Whereas it follows from applying these provisions to
whereas the subsidy may be altered whenever it                the offers and quotations known to the Commission
becomes obvious that such alteration is necessary ;
                                                              that the subsidy on colza, rape and sunflower seeds
Whereas, if the subsidy system is to operate normally,        should be as set out in the Annex hereto,
subsidies should be calculated on the following basis :
— in the case of currencies which are maintained in           HAS ADOPTED THIS REGULATION :
     relation to each other at any given moment within
     a band of 2-25 % , a rate of exchange based on                                  Article 1
     their effective parity,
                                                              1 . The amount of the subsidy referred to in Article
— for other currencies, an exchange rate based on the         27 of Regulation No 136/66/EEC shall be as set out
     arithmetic mean of the spot market rates of each         in the Annex hereto .
     of these currencies recorded for a given period in
     relation to the Community currencies referred to         2.    The amount of the subsidy for July, August,
     in the previous indent ;                                 September, October, November and December 1981
                                                              for colza and rape seed, and for September, October
Whereas, in the absence of the target price for the           and November 1981 for sunflower seed, will, however,
1981 /82 marketing year for colza and rape seed and           be confirmed or replaced as from 1 July 1981 to take
for sunflower seed and in the absence of the amount
                                                              into account the indicative price which is fixed for
of the monthly increase for September, October,               these products for the 1981 /82 marketing year, and
November and December 1981 for colza and rape                 the amount of the monthly increase for September,
seed and the month of November 1981 for sunflower
                                                              October, November and December 1981 for colza and
seed, the amount of the - ,sidy in the case of advance        rape seed and for the month of November 1981 for
fixing for July, A           st, September, October,          sunflower seed .
November and Dece ;r 1981 for colza and rape
seed and September, ctober and November 1981 for                                     Article 2
sunflower seed has been obtainable only provisionally
on the basis of the target price applicable during July,      This Regulation shall enter into force on 1 July 1981 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 30 June 1981 .
                                                                        For the Commission
                                                                           The President
                                                                          Gaston THORN
 ---pagebreak--- No L 175/38                          Official Journal of the European Communities                                        1 . 7. 81
                                                         ANNEX
               to the Commission Regulation of 30 June 1981 fixing the amount of the subsidy on oil
                                                           seeds
                                                                                                                     (ECU / 100 kg)
      CCT
     heading                              Description                                                Subsidy
       No
ex 12.01           Colza and rape seed                                                               14118
ex 12.01          Sunflower seed                                                                     15-713
                                                                                                                     (ECU / 100 kg)
                                                                                 Subsidy in the case of advance
      CCT                                                                           fixing for the month of
     heading                      Description
       No                                                        July      August    September     October   November   December
                                                                 1981       1981         1981       1981        1981        1981
ex 12.01           Colza and rape seed                         14-118 (') 13-648 (') 13-771 (') 14-175 (') 13-546 (') 13-950 (')
ex 12.01           Sunflower seed                               15-713     15-713     13-041 (') 12-572 (') 12-675 (')       —
(') Subject to confirmation.