CELEX: 31988R3025
Language: en
Date: 1988-10-01 00:00:00
Title: Commission Regulation (EEC) No 3025/88 of 30 September 1988 fixing the amount of the subsidy on oil seeds

No L 271 /62                            Official Journal of the European Communities                                1 . 10. 88
                                     COMMISSION REGULATION (EEC) No 3025/88
                                                      of 30 September 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 /88f) 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
 2792/88 (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 (*), as last amended by Regulation          account of quotations for competing products ;
 (EEC) No 2216/88 (*), and in particular Article 2 (3)
 thereof,
 Having regard to the opinion of the Monetary Committee,            Whereas Article 4 of Council Regulation No 1 1 5/67/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 (12), 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
 sunflower seeds ;                                                  known to the Commission and of quotations on those
                                                                    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 (14), 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 (EEC) 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 ;
(') OJ No   172, 30. 9. 1966, p. 3025/66.
0   OJ No   L 197, 26. 7. 1988, p. 1 .
(3) OJ No   L 164, 24. 6. 1985, p. 11 .                             0 OJ No L 247, 6. 9. 1988, p. 7.
0   OJ No   L 250, 9. 9. 1988, p. 12.                               (10) See page 104 of this Official Journal.
0   OJ No   L 167, 25. 7. 1972, p. 9.                               (") OJ No L 273, 26. 9. 1987, p. 16.
0   OJ No   L 197, 26. 7. 1988, p. 10.                              H OJ No 111 , 10. 6. 1967, p. 2196/67.
0   OJ No   L 197, 26. 7. 1988, p. 6.                               (,3) 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---        1 . 10. 88
                                             Official Journal of the European Communities                                No L 271 /63
       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 1 15/67/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 ;
    whereas offers and quotations relating to a quality other            June 1983 on the subsidy for oil seeds ('), as last amended
    than the standard quality for- which the target price was            by Regulation (EEC) No 2215/88 (2), laid down rules for
    fixed should be adjusted on the basis of the coefficients of         granting the subsidy on oil seeds ; whereas, under that
   equivalence shown in the Annex to that Regulation ;                   Regulation, where the subsidy to be granted is fixed 'in
   whereas, in the case of offers on the world market for                advance, the amount of such subsidy must be equal to the
   qualities of colza and rape seed other than those listed in           amount applicable on the day on which the application
   that Annex, coefficients of equivalence derived from those            for advance fixing was lodged, adjusted by the difference
   listed in that Annex may, pursuant to Article 4 of Regula­            between the target price valid on that day and the target
   tion No 225/67/EEC, be applied ; whereas, when derived               price valid on the day on which the seeds are placed
   coefficients are being calculated, account must be taken of          under control at an oil or feed mill and, where appro­
   the differences between prices for the qualities of seed in          priate, a corrective amount ; whereas Article 35 of
  question and prices for the qualities listed in that Annex,           Commission Regulation (EEC) No 2681 /83 of 21
  and of the characteristics of these various seeds •                   September 1983 laying down detailed rules for the appli­
                                                                        cation of the subsidy system for oil seeds (3), as last
                                                                        amended by Regulation (EEC) No 2823/88 (4), provides
                                                                        that such adjustment should involve increasing or redu­
                                                                        cing the amount of subsidy applicable on the day on
  Whereas Article 2 of Regulation No 1 15/67/EEC provides               which the application was lodged by the corrective
  that, where no offer or quotation can be used as a basis              amount and the difference between the target prices
  for determining the world market price, that price should             mentioned in Article 35 of Regulation (EEC) No
 be determined on the basis of the value of the average                268 1 /83 ;
 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
Regulation ;                                                           difference between the world market price for colza, rape
                                                                     ( 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.
Whereas Article 3 of Regulation No 115/67/EEC provides                (2) OJ No L 197, 26. 7. 1988.
that, where no offer or quotation can be used as a basis              (3) OJ No L 266, 28. 9. 1983, p. 1 .
                                                                      C) OJ No L 254, 14. 9. 1988, p. 8.
 ---pagebreak---   No L 271 /64                           Official Journal of the European Communities                                 1 . 10 . 88
                                                                                          /
 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            Whereas Regulation (EEC) No 1813/84 specifies the spot
 478/86 ('); whereas pursuant to Article 95(2) and 293 (2)         and forward exchange rates and the period to be used for
 of the Act of Accession of Spain and Portugal this aid is         calculating the differential amounts ; whereas in cases
 to be introduced at the beginning of the 1986/87 marke­           where, for one or more months, quotations of forward
 ting year for seed harvested in these two Member States ;         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
 475/86 (2) of 25 February 1986 laying down general rules          Whereas the subsidy should be fixed whenever the
 for the mechanism for controlling the prices and the              market situation makes it necessary and in such a way as
 quantities of certain products in the oils and fats sector        to ensure its being applied at least once a week ; whereas
 released for consumption in Spain provision is made for           the subsidy may be altered whenever it becomes obvious
 the granting of compensatory aid, subject to certain              that such alteration is necessary ;
 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 (3),                  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 (4), as last amended by Regulation
(EEC) No 2138/87 (^ 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 .
 1 569/72 ; 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.
(2) OJ  No  L  53, 1 . 3. 1986, p. 47.                                                       Article 2
(3) OJ  No  L  183, 3 . 7. 1987, p. 18 .
(4) OJ  No  L  170, 29. 6. 1984, p. 41 .
0   OJ  No  L 200, 21 . 7. 1987, p. 9.                             This Regulation shall enter into force on 1 October 1988 .
 ---pagebreak--- 1 . 10 . 88                    Official Journal of the European Communities                        No L 271 /65
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 30 September 1988.
                                                                   For the Commission
                                                                    Frans ANDRIESSEN
                                                                       Vice-President
 ---pagebreak--- No L 271 /66                                 Official Journal of the European Communities                                   1 . 10 . 88
                                                                  ANNEX I
                                          Aids to colza and rape seed other than 'double zero'
                                                                                                           (amounts per 100 kilograms)
                                                  Current        1st period  2nd period   3rd period   4th period       5th period
                                                     10               11          12           1             2                3
1 . Gross aids (ECU):                                       v
    — Spain                                           0,580            0,580       0,580        0,580         0,580            0,580
    — Portugal                                        0,000            0,000       0,000        0,000         0,000            0,000
    — Other Member States                           18,524            17,920      18,238      18,376        17,307           17,625
2. Final aids :                              IIIl||||
    (a) Seed harvested and processed in :                     ll1                        Il||
        — Federal Republic of Germany        IIIlIIII\
            (DM)                                    44,14           • 42,73      43,48        43,83         41,34            42,35
        —   Netherlands (Fl)                        49,22             47,63      48,47        48,84         46,02            47,07
        —   BLEU (Bfrs/Lfrs)                       885,96           856,73      872,01       887,32       835,70           851,06
        —   France (FF)                            130,99           126,13      128,50       133,74       125,26           127,67
        —   Denmark (Dkr)                          158,69           153,24      156,02       160,61       151,04           153,85
        —   Ireland (£ Irl)                         14,553            14,011     14,276       14,873        13,929           14,198
        —   United Kingdom (£)                      10,555            10,085     10,293       11,099        10,291           10,410
       .—   Italy (Lit)                        27 029           25 946       26 374      27 959       26 074            26 259
        —   Greece (Dr)                          1 967,33        1 817,80     1 826,96     1 811,09     1 591,16         1 539,84
    (b) Seed     harvested
        processed :
                            in Spain   and
                                                              \
        — in Spain (Pta)                            89,44             89,44      89,44        89,44        89,44             89,44
        — in another Member State (Pta)          2 719,76        2 625,42     2 668,42     2 678,12     2 510,33         2 525,84
    (c) Seed harvested in Portugal and                                                                                             -
        processed :
        — in Portugal (Esc)                           0,00             0,00        0,00        0,00          0,00              0,00   •
        — in another Member State (Esc)         4 057,83         3 940,43     3 990,71    3 982,64     3 773,72          3 769,36
 ---pagebreak--- 1 . 10 . 88                               Official Journal of the European Communities                              No L 271 /67
                                                             ANNEX II
                                             Aids to colza and rape seed 'double zero'
                                                                                                         (amounts per 100 kilograms)
                                               Current      1st period   2nd period    3rd period   4th period        5th period
                                                  10            11           12             1              2               3
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                         21,024        20,420       20,738        20,876         19,807          20,125
2. Final aids :
    (a) Seed harvested and processed in :
        — Federal Republic of Germany
           (DM)                                   50,04         48,63        49,38         49,74          47,24           48,25
        — Netherlands (Fl)                        55,83         54,24        55,09         55,45          52,64           53,68
        — BLEU (Bfrs/Lfrs)                     1 006,13        976,89       992.18      1 008,04        956,42           971,77
        — France (FF)                            149,68        144,81       147.19        152,70        144,22           146,63
        — Denmark (Dkr)                          180,57        175,12 .     177,91        182,72        173,14           175,96
        — Ireland (£ Irl)                         16,631        16,090       16,354        16,983         16,039          16,307
        — United Kingdom (£)                      12,195        11,725       11,934        12,787         11,979          12,097
        — Italy (Lit)                      , 31 021        29 939        30 366        32 046       30 161            30 347
        — Greece (Dr)                         2 339,32       2 189,80     2 198,96      2 183,09      1 963,16         1 911,84
    (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)       3 105,29       3 010,95     3 053,95      3 063,65     2 895,86          2 911,37
    (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)       4 527,85      4 410,44      4 460,73      4 452,65     4 243,74          4 239,38
 ---pagebreak--- No L 271 /68                                      Official Journal of the European Communities                                                          1 . 10 . 88
                                                                           ANNEX III
                                                                   Aids to sunflower seed
                                                                                                                                      (amounts per 100 kilograms)
                                                           Current             1st period           2nd period           3rd period              4th period
                                                              10                    11                 ' 12                      1                      2|
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                                    19,452                19,670               19,387                 19,604                  19,982
2. Final aids :                                                                                                              •
     (a) Seed harvested and processed in (') :
          — Federal Republic of Germany
             (DM)                                             46,40                 46,92                46,27                  46,81                   47,70
          — Netherlands (Fl)                                  51,71                 52,29                51,54                  52,12                   53,12
          — BLEU (Bfrs/Lfrs)                                 929,71                940,15               926,40               946,62                   964,87
          — France (FF)                                      136,46                138,03               135,66                142,04                   144,90
          — Denmark (Dkr)                                    166,13                168,01               165,41                 171,14                  174,48
          — Ireland (£ Irl)                                   15,158                15,333               15,069                 15,796                  16,115
          — United Kingdom (£)                                10,851                10,981               10,742                 11,693                  11,949
          — Italy (Lit)                                  28 011                28 339               27 707               29 592                   30 210
        ' — Greece (Dr)                                    1 951,05             1 950,51              1 836,39             1 827,92                 1 884,17
     (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)                  2 888,69             2 922,10              2 870,47             2 890,36                 2 948,65
      (c) Seed harvested in Portugal and
          processed :
          — in Portugal (Esc)                                   0,00                  0,00                 0,00                    0,00                   0,00
          — in Spain (Esc)                                 5 916,31              5 957,34             5 888,76             5 890,59                 5 963,77
          — in another Member State (Esc)                  5 745,07              5 784,91             5 718,32             5 720,09                 5 791,16
 3. Compensatory aids :                             \
      — in Spain (Pta)                                     2 834,14              2 867,00             2 815,37             2 831,96                 2 890,25
 4. Special aid
      — in Portugal (Esc)                                  5 745,07              5 784,91             5 718,32             5 720,09                 5 791,16
 (') 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)
I                                               Current
                                                   10
                                                                    1st period
                                                                        11
                                                                                        2nd period
                                                                                            12
                                                                                                           3rd period
                                                                                                                1
                                                                                                                               4th period
                                                                                                                                      2
                                                                                                                                                     5th period
                                                                                                                                                           3
  DM                                             2,072750              2,068920            2,065030           2,061340              2,061340            2,051280
  Fl                                             2,339230              2,336070            2,332950           2,329800              2,329800            2,319410
  Bfrs/Lfrs                                     43,429000             43,427300           43,433000          43,446900            43,446900            43,430900
  FF                                             7,050780              7,053630            7,057410           7,061950              7,061950            7,074680
  Dkr                                            7,947760              7,949960            7,956240           7,963680              7,963680            7,987150
  £Irl                                           0,773190              0,773043            0,772884           0,773035              0,773035            0,773341
  £                                              0,660001              0,661385            0,662757           0,664054              0,664054             0,668257
  Lit                                        1 546,26             1 552,29             1 557,72          1 562,54           1 562,54               1 576,64
  Dr                                           168,03300             170,12700           172,19300          173,73600           173,73600             178,70300
  Esc                                          170,82000             171,69600           172,11500          173,57000           173,57000             176,19900
  Pta                                          137,62900             138,08400           138,57500          139,05300           139,05300             140,38400