CELEX: 31989R1442
Language: en
Date: 1989-05-26 00:00:00
Title: Commission Regulation (EEC) No 1442/89 of 25 May 1989 fixing the amount of the subsidy on oil seeds

26 . 5. 89                                Official Journal of the European Communities                           No L 143/25
                                    COMMISSION REGULATION (EEC) No 1442/89
                                                         of 25 May 1989
                                        fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         1989/90 marketing year were fixed by Regulations (EEC)
                                                                    No 1228/89Q and (EEC) No 1229/89 (I0);
Having regard to the Treaty establishing the European
Economic Community,                                                 Whereas a supplement to the target price for 'double zero'
                                                                    colza and rape seed was fixed in Regulations (EEC) No
                                                                    2213/88 and (EEC) No 1228/89 ;
Having regard to the Act of Accession of Spain and
Portugal,                                                           Whereas the abatement of the subsidy for colza, rape and
                                                                    sunflower seed which arises from the system of maximum
                                                                    guaranteed quantities for the 1988/89 marketing year has
Having regard to Regulation No 136/66/EEC of the                    been fixed by Commission Regulations (EEC) No
Council of 22 September 1966 on the establishment of a              2761 /88 (") and (EEC) No 3042/88 (12);
common organization of the market in oils and fats ('), as
last amended by Regulation (EEC) No 1225/89 (J), and in             Whereas the standard quality for sunflower seed has been
particular Article 27 (4) thereof,                                  maintained by the Council for the 1988/89 and 1989/90
                                                                    marketing years ; whereas the coefficients of equivalence
Having regard to Council Regulation (EEC) No                        applied to the prices of sunflower seed from third coun­
1678/85 (3) fixing the conversion rates to be applied in            tries have been fixed by Commission Regulation (EEC)
agriculture, as last amended by Regulation (EEC) No                 No 2869/87 (13) ;
1 132/89 (4),
                                                                    Whereas the abatement of the subsidy which arises, where
                                                                    appropriate, from the system of maximum guaranteed
Having regard to Regulation (EEC) No 1569/72 of the                 quantities for the 1989/90 year, has not, to date, been
Council of 20 July 1 972 laying down special measures for           fixed ; whereas the amount of the subsidy for the 1 989/90
colza, rape and sunflower seed 0, as last amended by                year has been provisionally calculated on the basis of an
Regulation (EEC) No 2216/88 (6), and in particular Article          abatement of ECU 3,44 per 100 kilograms for colza and
2 (3) thereof,                                                      rape seed, and of ECU 11,55 per 100 kilograms for
                                                                    sunflower seed ;
Having regard to the opinion of the Monetary Committee,
                                                                    Whereas Article 29 of Regulation No 1 36/66/EEC
                                                                    provides that the world market price, calculated for a
Whereas Article 27 of Regulation No 136/66/EEC                      Community frontier crossing point, is to be determined
provides that a subsidy should be granted in respect of oil         on the basis of the most favourable purchasing opportuni­
seeds harvested and processed within the Community                  ties, quotations being adjusted where necessary to take
when the target price for a species of seed is higher than          account of quotations for competing products ;
the price on the world market ; whereas these provisions
at present apply only in respect of colza, rape and                 Whereas Article 4 of Regulation No 115/67/EEC of the
sunflower seeds ;                                                   Council of 6 June 1967 laying down criteria for determi­
                                                                    ning world market prices for oil seeds and fixing the fron­
                                                                    tier crossing point (14), as last amended by Regulation
Whereas the subsidy on oil seeds should, theoretically, be          (EEC) No 1983/82 (15), fixed the said crossing point at
equal to the difference between those two prices ;                  Rotterdam ; whereas Article 1 of that Regulation provides
                                                                    that when the world market price is being determined
                                                                    account should be taken of all offers on the world market
Whereas the target price and the monthly increases in the
target price for colza, rape and sunflower seed for the             known to the Commission and of quotations on those
1988/89 marketing year were fixed by Regulations (EEC)              exchanges which are significant for international trade ;
No 2213/88 0 and (EEC) No 2214/88 (8);                              whereas Article 2 of Commission Regulation No 225/
                                                                    67/EEC of 28 June 1967 on detailed rules for determi­
                                                                    ning the world market price for oil seeds (16), as last
Whereas the target price and the monthly increases in the           amended by Regulation (EEC) No 2869/87, provides that
target price for colza, rape and sunflower seed for the             offers and quotations which do not relate to shipments to
(') OJ  No  172, 30. 9. 1966, p. 3025/66.                           O OJ No L 128, 11 . 5. 1989, p. 20.
O   OJ  No  L 128, 11 . 5. 1989, p. 15.                             ( I#) OJ No L 128, 11 . 5. 1989, p. 22.
(') OJ  No  L 164, 24.  6. 1985, p. 11 .                            (») OJ No L 247, 6. 9 . 1988 , p. 7.
0   OJ  No  L 119, 29.  4. 1989, p. 26.                             (I2) 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.
(6) OJ  No  L 197, 26.  7. 1988, p. 10.                             04) OJ No 111 , 10. 6. 1967, p. 2196/67.
O   OJ  No  L 197, 26.  7. 1988, p. 6.                              H OJ No L 215, 23. 7. 1982, p. 6.
(«) OJ  No  L 197, 26.  7. 1988, p. 8 .                             (") OJ No 136, 30. 6. 1967, p. 2919/67.
 ---pagebreak---  No L 143/26                           Official Journal of the European Communities                                  26. 5. 89
be effected within 30 days following the date on which           be determined in accordance with Article 6 of that
the world market price is determined should be disre­            Regulation ;
garded ; whereas offers and quotations which the
Commission believes, in view of general price movements
or information available to it, not to be representative of      Whereas Article 3 of Regulation No 1 1 5/67/EEC provides
the real trend of the market must also be disregarded ;          that, where no offer or quotation can be used as a basis
whereas offers and quotations relating to quantities of less     for determining the world market price and where it is,
than 500 tonnes and offers relating to seed of a quality         moreover, impossible to establish the value of the oil or
other than that normally acceptable on the world market          oil cake processed from such seed, the world market price
must also be disregarded ;                                       should be determined on the basis of the most recent
                                                                 known value for oil or oil cake, adjusted to take account
                                                                 of the trend of world prices for competing products by
Whereas Article 3 of Regulation No 225/67/EEC provides           applying to that value the rules set out in Article 2 of
that of the offers and quotations taken into consideration,      Regulation No 1 1 5/67/EEC ; whereas Article 7 of Regula­
those for delivery c and f should be increased by 0,2 % ;        tion No 225/67/EEC defines competing products as those
whereas offers and quotations for delivery fas, fob or           oils or oil cakes, as the case may be, which appear to have
otherwise should be increased, as appropriate, by loading,       been offered in the largest quantities on the world market
transport and insurance costs from the point of shipment         during the period under consideration ;
or loading to the frontier crossing point ; whereas cif
offers and quotations for frontier crossing points other
than Rotterdam should be adjusted to allow for the diffe­        Whereas, under Article 6 of Regulation No 115/67/EEC,
rence in transport and insurance costs as compared with a        the price determined for colza, rape and sunflower seeds
product delivered cif Rotterdam ; whereas the Commis­            must also be adjusted by an amount not exceeding the
sion should take account only of the loading, transport          margin, as calculated in accordance with that Article,
and insurance costs which to its knowledge are the               where that margin may affect the normal disposal of seeds
lowest ; whereas, finally, offers and quotations for delivery    harvested in the Community ;
cif Rotterdam should be increased by ECU 0,242 ;
                                                                 Whereas Council Regulation (EEC) No 1594/83 of 14
Whereas Article 5 of Regulation No 115/67/EEC provides           June 1983 on the subsidy for oil seeds ('), as last amended
that the world market price should be determined for             by Regulation (EEC) No 2215/88 (2), laid down rules for
seed of the standard quality for which the target price has      granting the subsidy on oil seeds ; whereas, under that
been fixed, delivered in bulk ;                                  Regulation, where the subsidy to be granted is fixed in
                                                                 advance, the amount of such subsidy must be equal to the
                                                                 amount applicable on the day on which the application
Whereas Article 3 of Regulation No 225/67/EEC provides           for advance fixing was lodged, adjusted by the difference
that offers and quotations relating to products presented        between the target price valid on that day and the target
otherwise than in bulk should be adjusted by deducting           price valid on the day on which the seeds are placed
the additional value resulting from that presentation ;          under control at an oil or feed mill and, where appro­
whereas offers and quotations relating to a quality other        priate, a corrective amount ; whereas Article 35 of
than the standard quality for which the target price was         Commission Regulation (EEC) No 2681 /83 of 21
fixed should be adjusted on the basis of the coefficients of     September 1983 laying down detailed rules for the appli­
equivalence shown in the Annex to that Regulation ;              cation of the subsidy system for oil seeds (3), as last
whereas, in the case of offers on the world market for           amended by Regulation (EEC) No 1382/89 (4), provides
qualities of colza and rape seed other than those listed in      that such adjustment should involve increasing or redu­
that Annex, coefficients of equivalence derived from those       cing the amount of subsidy applicable on the day on
listed in that Annex may, pursuant to Article 4 of Regula­       which the application was lodged by the corrective
tion No 225/67/EEC, be applied ; whereas, when derived           amount and the difference between the target prices
coefficients are being calculated, account must be taken of      mentioned in Article 35 of Regulation (EEC) No
the differences between prices for the qualities of seed in      2681 /83 ;
question and prices for the qualities listed in that Annex,
and of the characteristics of these various seeds ;
                                                                 Whereas Article 37 of Regulation (EEC) No 2681 /83
                                                                 provides that the corrective amount must be equal to the
Whereas Article 2 of Regulation No 1 1 5/67/EEC provides         difference between the world market price for colza, rape
that, where no offer or quotation can be used as a basis         and sunflower seeds and the forward price for those seeds
 for determining the world market price, that price should       valid for a shipment effected during the month in which
be determined on the basis of the value of the average           the seeds were placed under control at an oil mill, those
 quantities of oil and oil cake resulting from the proces­        prices being determined in accordance with Articles 1 , 4
sing of 100 kilograms of seed within the Community less           and 5 of Regulation No 1 15/67/EEC ; whereas, if no offer
 an amount corresponding to the cost of processing these
 seeds into oil and oil cake ; whereas the quantities and
                                                                  (') OJ No L 163, 22. 6. 1983, p. 44.
 costs to be taken into consideration for the purposes of         (2) OJ No L 197, 26. 7. 1988, p. 9.
 the calculation are fixed in Article 5 of Regulation No          (3) OJ No L 266, 28. 9. 1983, p. 1 .
 225/67/EEC ; whereas the value of those quantities should        b) OJ No L 139, 23. 5. 1989, p. 7.
 ---pagebreak--- 26. 5. 89                              Official Journal of the European Communities                             No L 143/27
and no price can be used for such determination, the                 — the conversion rate used under the common
method of calculation provided for in Article 37 of Regu­                agricultural policy, and
lation (EEC) No 2681 /83 should be used ; whereas the
abovementioned difference may be adjusted in accordance              — the conversion rate resulting from the central rate ;
with Article 38 of Regulation (EEC) No 2681 /83, account
being taken of the prices of the main competing cereals ;        (b) for the other Member States, the difference between :
                                                                     — the relationship between the conversion rate used
                                                                         under the common agricultural policy for the
                                                                         currency of the Member State concerned and the
Whereas the aid for colza, rape or sunflower seed                        central rate of each of the currencies of the
harvested or processed in Spain or Portugal is to be                     Member States referred to in (a), and
advised as provided for in Council Regulation (EEC) No
478/86 (') ; whereas pursuant to Article 95 (2) and 293 (2)           — the spot market rate for the currency of the
of the Act of Accession this aid is to be introduced at the              Member State in question in relation to each of
beginning of the 1986/87 marketing year for seed                         the currencies of the Member States referred to in
harvested in these two Member States :                                   (a), as recorded over a period to be determined ;
                                                                 Whereas Regulation (EEC) No 1813/84 specifies the spot
                                                                 and forward exchange rates and the period to be used for
Whereas, in Article 14 of Council Regulation (EEC) No            calculating the differential amounts ; whereas in cases
475/86 of 25 February 1986 laying down general rules for         where, for one or more months, quotations of forward
the mechanism for controlling the prices and the quanti­         exchange rates are not available, the rates adopted for the
ties of certain products in the oils and fats sector released    previous months or the following months, as the case may
for consumption in Spain (2), as amended by Regulation           be, must be used ;
(EEC) No 1930/88 (3), provision is made for the granting
of compensatory aid, subject to certain conditions ;
whereas compensatory aid should be fixed for sunflower           Whereas the subsidy should be fixed whenever the
seeds harvested in Spain ;                                       market situation makes it necessary, and in such a way as
                                                                 to ensure its being applied at least once a week ; whereas
                                                                 the subsidy may be altered whenever it becomes obvious
                                                                 that such alteration is necessary ;
Whereas Council Regulation (EEC) No 1920/87 (4),
provides for the granting of a special subsidy for
sunflower seed harvested and processed in Portugal ;             Whereas it follows from applying these provisions to the
whereas the amount of this subsidy should be fixed ;             offers and quotations known to the Commission that,
                                                                 pursuant to Article 33 of Regulation (EEC) No 2681 /83
                                                                 the amount of the subsidy in ecus and the amount of the
                                                                 subsidy in each of the national currencies must be fixed
                                                                 in accordance with the Annex to this Regulation ;
Whereas Article 33 of Regulation (EEC) No 2681 /83               whereas, pursuant to the same Article, the spot and
provides for the publication of the amount of the final          forward exchange rates for the ecu in national currencies
subsidy obtained from the conversion into each of the            determined in accordance with Article 4 of Regulation
national currencies of the amount in ecus resulting from         (EEC) No 1813/84 must also be published,
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 431 /89 (% defined the elements which deter­
mine the differential amounts ; whereas these elements
are equal to the incidence on the target price less percen­
tage referred to in Article 5, paragraph 1 of the said regu­      HAS ADOPTED THIS REGULATION :
lation or the subsidy of the coefficient derived from the
percentage referred to in Article 2 (1) of Regulation (EEC)
No 1 569/72 ; whereas, according to these provisions, this
percentage represents :
                                                                                            Article 1
(a) for those Member States whose currencies are main­
      tained as between themselves within a spread at any         1 . The amounts of the subsidy and the exchange rates
     given moment of 2,25 %, the difference between :             referred to in Article 33 (2) and (3) of Regulation (EEC)
                                                                  No 2681 /83 shall be as set out in the Annex hereto.
(')  OJ  No  L 53, 1 . 3. 1986, p. 55.
(J   OJ  No  L 53, 1 . 3. 1986, p. 47.                            2. The amount of the compensatory aid referred to in
0    OJ  No  L 170, 2. 7. 1988, p. 3.                             Article 14 of Regulation (EEC) No 475/86 shall be as
(4)  OJ  No  L 183, 3. 7. 1987, p. 18.
 (*) OJ  No  L 170, 29. 6. 1984, p. 41                            shown in Annex III to this Regulation for sunflower seed
 (*) OJ  No  L 50, 22. 2. 1989, p. 7.                             harvested in Spain.
 ---pagebreak--- No L 143/28                         Official Journal of the European Communities                               26. 5. 89
3. The amount of the special subsidy provided                  the application of the system of maximum guaranteed
for by Regulation (EEC) 1920/87 for sunflower seed             quantities.
harvested and processed in Portugal is fixed in Annex III.
4. However, the amount of the subsidy in the case of
advance fixing for the 1989/90 marketing year for colza,                               Article 2
rape and sunflower will be confirmed or replaced as from
26 May 1989 to take into account the prices and
connected measures, for the 1989/90 marketing year, and        This Regulation shall enter into force on 26 May 1989.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 25 May 1989.
                                                                        For the Commission
                                                                          Ray MAC SHARRY
                                                                    Member of the Commission
 ---pagebreak---   26. 5. 89                                         Official Journal of the European Communities                                           No L 143/29
                                                                          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
\                                                           5                 6                7 (')            80             90               ioo
  1 . Gross aids (ECU) :
      — Spain                                                0,580             0,580              1,170          1,170           1,170             1,170
      — Portugal                                             0,000             0,000             0,000           0,000          0,000             0,000
      — Other Member States                                19,951            19,913             15,316          14,689         14,219            13,848
  2. Final aids :
      (a) Seed harvested and processed in :
          — Federal Republic of Germany
              (DM)                                         47,52             47.43              36,58           35,11          34,01             33,20
          — Netherlands (Fl)                               53,00             52,90              40,40           38,75          37,51             36,89
          — BLEU (Bfrs/ Lfrs)                             963,37            961,54            739,56           709,29         686,59            668,68
          —   France (FF)                                 145,81            145,51            114,69           109,77         106,08            103,16
          —    Denmark (Dkr)                              174,58            174,24            136,77           131,17         126,98            123,66
          —    Ireland (£ Irl)                              16,216           16,183             12,765          12,217         11,806            11,482
          —   United Kingdom (£)                            12,328           12,301             10,135           9,677           9,334            8,994
          —   Italy (Lit)                              31 434           31 370            25 190            24 042        23 245             22 344
          —   Greece (Dr)                               2 245,95          2 205,54          2 277,93         2 114,65       2 018,95          1 835,32
      (b) Seed harvested in Spain and
          processed :
          — in Spain (Pta)                                 89,44             89.44            178,89           178,89         178,89            178,89
          — in another Member State (Pta)               3 153,67          3 148,16          2 474,34         2 370,07       2 301,36          2 205,66
      (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)               4 316,53          4 309,23          3 588,21         3 450,20       3 359,27          3 233,23
  (1) Subject in the case of advance fixing for the 1989/90 marketing year to the application of the system of maximum guaranteed quantities
 ---pagebreak---    No L 143/30                                     Official Journal of the European Communities                                                 26. 5. 89
                                                                         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
                                                           5                 6                7 (')             8 0)          9 (') ■            10 (')
   1 . Gross aids (ECU) :
       — Spain                                              3,080             3,080             3,670             3,670         3,670              3,670
       — Portugal                                           2,500             2,500             2,500             2,500         2,500              2,500
       — Other Member States                              22,451            22,413             17,816            17,189        16,719             16,348
  2. Final aids :
       (a) Seed harvested and processed in :
           — Federal Republic of Germany
              (DM)                                        53,42             53,33             42,48             41,01         39,91               39,10
           —   Netherlands (Fl)                           59,62             59,52             47,00             45,35         44,11               43,48
           —   BLEU (Bfrs/ Lfrs)                       1 084,09          1 082,25            860,28            830.00        807.31             789,39
           —   France (FF)                               164,77            164,47            133,93            129.01        125.32             122,41
           —   Denmark (Dkr)                             196,69            196,35            159,10            153,50        149,30             145,99
           —   Ireland (£ Irl)                            18,326            18,293             14,907            14,359        13,948             13,624
           —   United Kingdom (£)                         14,016            13,988             11,889            11,431        11,087             10,747
           —   Italy (Lit)                            35 522           35 457            29 372            28 225         27 427             26 526
           —  Greece (Dr)                              2 636,00         2 595,59           2 726,39          2 563,12      2 467,42           2 283,79
       (b) Seed harvested      in   Spain    and
           processed :
           — in Spain (Pta)                              474,98            474,98            561,13            561,13        561,13             561,13
           — in another Member State (Pta)             3 539,21         3 533,69           2 856,58          2 752,31      2 683,60           2 587,90
       (c) Seed harvested in Portugal and
           processed :
           — in Portugal (Esc)                           470,02            470,02            480,01            480,01        480,01             480,01
           — in another Member State (Esc)             4 786,54         4 779,25           4 068,22          3 930,20      3 839,28           3 713,23
  () Subject in the case of advance fixing for the 1989/90 marketing year to the application of the system of maximum guaranteed quantities.
 ---pagebreak---  26. 5. 89                                         Official Journal of the European Communities                                                  No L 143/31
                                                                           ANNEX III
                                                                   Aids to sunflower seed
                                                                                                                                            (amounts per 100 kg)
                                                           Current             1st period           2nd period           3rd period               4th period
                                                              5                     6                     7                   8 (')                   9 (')
 1 . Gross aids (ECU) :
     — Spain                                                   5,170                 5,170                 5,170                6,890                   6,890
     — Portugal                                               0,000                  0,000                 0,000                0,000                   0,000
     — Other Member States                                   21,604                21,687                21,729                17,578                  17,578
2. Final aids :
     (a) Seed harvested and processed in (2) :
         — Federal Republic of Germany
             (DM)                                            51,49                 51,69                 51,78                 41,97                  41,97
         — Netherlands (Fl)                                  57,41                 57,63                 57,74                 46,37                  46,37
         — BLEU (Bfrs/Lfrs)                               1 043,19              1 047,20             1 049,23                848,79                  848,79
         —   France (FF)                                    157,39                158,04               158,37                131,75                  131,75
         —   Denmark (Dkr)                                  188,88                189,62               190,00                156,97                  156,97
         —   Ireland (£ Irl)                                 17,504                17,576                17,613                14,664                  14,664
         —   United Kingdom (£)                              13,247                13,307                13,338                11,655                 11,655
         —   Italy (Lit)                                33 931                34 072                34 116              28 835                   28 835
         —   Greece (Dr)                                  2 353,67              2 331,74             2 300,37             2 592,88                 2 592,88
     (b) Seed harvested in Spain and
         processed :
         — in Spain (Pta)                                   797,28                797,28               797,28             1 053,45                 1 053,45
         — in another Member State (Pta)                  3 471,78              3 483,83             3 477,90             3 025,05                 3 025,05
     (c) Seed harvested in Portugal and
         processed :
         — in Portugal (Esc)                                  0,00                   0,00                  0,00                 0,00                    0,00
         — in Spain (Esc)                                 6 300,34              6 316,70             6 310,19             5 706,17                 5 706,17
         — in another Member State (Esc)                  6 140,23              6 156,17             6 149,83             5 561,16                 5 561,16
3. Compensatory aids :
     — in Spain (Pta)                                     3 423,10              3 436,1 1            3 430,66             2 977,27                 2 977,27
4. Special aid :
     — in Portugal (Esc)                                  6 140,23              6 156,17             6 149,83             5 561,16                 5 561,16
(') Subject in the case of advance fixing for the 1989/90 marketing year to the application of the system of maximum guaranteed quantities.
(2) 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 1,0260760.
                                                                           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 ECU 1)
                                               Current             1st period         2nd period          3rd period         4th period            5th period
                                                   5                    6                   7                   8                   9                   10
 DM                                             2,087790              2,085050            2,082710            2,080550           2,080550             2,075050
Fl                                              2,352880              2,348740            2344890             2,340970           2,340970             2,326690
Bfrs/ Lfrs                                     43,648599            43,641800           43,640999           43,637800          43,637800             43,616400
 FF                                             6,977780              6,978640            6,979900            6,982110           6,982110             6,987170
 Dkr                                            8,122360              8,125050            8,130760            8,137270           8,137270             8,155280
£Irl                                            0,780032              0,779856            0,780077            0,780311           0,78031 1            0,781234
£                                               0,655766              0,657016            0,657991            0,658927           0,658927             0,661944
 Lit                                        1 515,94             1 520,48            1 524,58           1 528,17           1 528,17              1 539,17
 Dr                                           176,92000            179,61400           181,49200           183,17600          183,17600             187,95100
 Esc                                          172,30100            173,06300           173,73300           174,46800          174,46800             176,69400
 Pta                                          130,19300            130,72200           131,26600           131,78000          131,78000             133,36000