CELEX: 31986R0191
Language: en
Date: 1986-01-30 00:00:00
Title: Commission Regulation (EEC) No 191/86 of 29 January 1986 fixing the amount of the subsidy on oil seeds

30 . 1 . 86                                  Official Journal of the European Communities                          J
                                                                                                                      No L 23/21
                                          COMMISSION REGULATION (EEC) No 191 /86
                                                            of 29 January 1986
                                           fixing the amount of the subsidy on oil seeds
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                            and June 1986 for colza and rape seed has been
                                                                        obtainable only provisionally on the basis of the target
 Having regard to the Treaty establishing the European                  price and the monthly increase as last proposed by the
 Economic Community,                                                    Commission to the Council for the marketing year
                                                                         1985/86 ; whereas this amount may, therefore, be applied
                                                                        on a temporary basis and should be confirmed or replaced
 Having regard to Council Regulation No 136/66/EEC of                   when the indicative price of the 1985/86 marketing year
 22 September 1966 on the establishment of a common                     is known ;
 organization of the market in oils and fats ('), as last
 amended by Regulation (EEC) No 3768/85 (2), and in
 particular Article 27 (4) thereof,
                                                                        Whereas Article 29 of Regulation No 136/66/EEC
                                                                        provides that the world market price, calculated for a
 Having regard to Council Regulation (EEC) No 1223/83
                                                                        Community frontier crossing point, is to be determined
of 20 May 1983 on the exchange rates to be applied in
                                                                        on the basis of the most favourable purchasing opportuni­
agriculture (3), as last amended by Regulation (EEC) No                 ties, quotations being adjusted where necessary to take
 1297/85 (4),
                                                                        account of quotations for competing products ;
Having regard to Council Regulation (EEC) No 1569/72
of 20 July 1972 laying down special measures for colza,
rape and sunflower seed (*), as last amended by Regulation              Whereas Article 4 of Council Regulation No 115/67/EEC
(EEC) No 1474/84 (6), and in particular Article 2 (3)                   of 6 June 1967 laying down criteria for determining
thereof,                                                                world market prices for oil seeds and fixing the frontier
                                                                        crossing point (9), as last amended by Regulation (EEC)
                                                                        No 1983/82 (10), fixed the said crossing point at
Having regard to the opinion of the Monetary Committee,                 Rotterdam ; whereas Article 1 of that Regulation provides
                                                                        that when the world market price is being determined
Whereas Article 27 of Regulation No 136/66/EEC                          account should be taken of all offers on the world market
provides that a subsidy should be granted in respect of oil             known to the Commission and of quotations on those
seeds harvested and processed within the Community                      exchanges which are significant for international trade ;
when the target price for a species of seed is higher than              whereas Article 2 of Commission Regulation No 225/
the price on the world market ; whereas these provisions                67/EEC of 28 June 1967 on detailed rules for determi­
at present apply only in respect of colza, rape and                     ning the world market price for oil seeds ("), as last
sunflower seeds ;                                                       amended by Regulation (EEC) No 1971 /85 (l2), provides
                                                                        that offers and quotations which do not relate to ship­
                                                                        ments to be effected within 30 days following the date on
Whereas the subsidy on oil seeds should, theoretically, be              which the world market price is determined should be
equal to the difference between those two prices ;                      disregarded ; whereas offers and quotations which the
                                                                        Commission believes, in view of general price movements
Whereas the target price and the monthly increments in                  or information available to it, not to be representative of
the target price of sunflower seed for the 1985/86 marke­               the real trend of the market must also be disregarded ;
ting year have been fixed in Regulations (EEC) No                       whereas offers and quotations relating to quantities of less
 1489/85 0, and (EEC) No 1490/85 (8) ;                                  than 500 tonnes and offers relating to seed of a quaflity
                                                                        other than that normally acceptable on the world market
                                                                        must also be disregarded ;
Whereas in the absence of the target price for the
 1985/86 marketing year for colza and rape seed and in
the absence of the amount of the monthly increase for
 February, March, April, May and June 1986 for colza and                Whereas Article 3 of Regulation No 225/67/EEC provides
rape seed, the amount of the subsidy in the case of                     that of the offers and quotations taken into consideration,
advance fixing for January, February, March, April, May                 those for delivery c and f should be increased by 0,2 % ;
                                                                        whereas offers and quotations for delivery fas, fob or
(') OJ No 172, 30. 9. 1966, p. 3025/66.                                 otherwise should be increased, as appropriate, by loading,
(2) OJ   No  L 362,  31 . 12. 1985, p. 8 .                              transport and insurance costs from the point of shipment
(3  OJ   No  L 132,  21 . 5. 1983, p. 33.
(4) OJ   No  L 137,  27.  5. 1985, p. 1 .
0   OJ   No  L 167,  25.  7. 1972, p. 9 .                               0 OJ No 111 , 10 . 6. 1967, p. 2196/67.
(6) OJ   No  L 143,  30.  5. 1984, p. 4.                                ( ,0) OJ No L 215, 23 . 7. 1982, p. 6.
0   OJ   No  L 151 , 10.  6. 1985, p. 13 .                              (") OJ No 136, 30. 6. 1967, p. 2919/67.
 8) OJ   No  L 151 , 10 . 6. 1985, p. 14.                                 12 OJ No L 185, 18 . 7. 1985, p . 15.
 ---pagebreak--- No L 23/22                             Official Journal of the European Communities                                30 . 1 . 86
or loading to the frontier crossing point ; whereas cif          tion No 225/67/EEC defines competing products as those
offers and quotations for frontier crossing points other         oils or oil cakes, as the case may be, which appear to have
than Rotterdam should be adjusted to allow for the diffe­        been offered in the largest quantities on the world market
rence in transport and insurance costs as compared with a        during the period under consideration ;
product delivered cif Rotterdam ; whereas the Commis­
sion should take account only of the loading, transport
and insurance costs which to its knowledge are the
lowest ; whereas, finally, offers and quotations for delivery    Whereas, under Article 6 of Regulation No 115/67/EEC,
cif Rotterdam should be increased by 0,242 ECU ;                 the price determined for colza, rape and sunflower seeds
                                                                 must also be adjusted by an amount not exceeding the
                                                                 margin, as calculated in accordance with that Article,
                                                                 where that margin may affect the normal disposal of seeds
Whereas Article 5 of Regulation No 115/67/EEC provides           harvested in the Community ;
that the world market price should be determined for
seed of the standard quality for which the target price has
been fixed, delivered in bulk ;                                  Whereas the factors to be taken into consideration for the
                                                                 purpose of determining that margin are defined in Article
                                                                 8 of Regulation No 225/67/EEC ; whereas no adjustment
                                                                 should be made where the margin is found to be less than
Whereas Article 3 of Regulation No 225/67/EEC provides           0,604 ECU ;
that offers and quotations relating to products presented
otherwise than in bulk should be adjusted by deducting
the additional value resulting from that presentation ;
whereas offers and quotations relating to a quality other        Whereas Council Regulation (EEC) No 1594/83 of 14
than the standard quality for which the target price was         June 1983 on the subsidy for oil seeds (') laid down rules
fixed should be adjusted on the basis of the coefficients of     for 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 (2), as last
                                                                  amended by Regulation (EEC) No 3818 /85 (3), provides
                                                                  that such adjustment should involve increasing or redu­
Whereas Article 2 of Regulation No 115/67/EEC provides            cing the amount of subsidy applicable on the day on
 that, where no offer or quotation can be used as a basis         which the application was lodged by the corrective
 for determining the world market price, that price should        amount and the difference between the target prices
 be determined on the basis of the value of the average           mentioned in Article 35 of Regulation (EEC) No
 quantities of oil and oil cake resulting from the proces­        2681 / 83 :
 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         Whereas Article 37 of Regulation (EEC) No 2681 /83
 the calculation are fixed in Article 5 of Regulation No          provides that the corrective amount must be equal to the
 225/67/EEC ; whereas the value of those quantities should        difference between the world market price for colza, rape
 be determined in accordance with Article 6 of that Regu­         and sunflower seeds and the forward price for those seeds
 lation ;                                                         valid for a shipment effected during the month in which
                                                                  the seeds were placed under control at an oil mill, those
                                                                  prices being determined in accordance with Articles 1 , 4
                                                                  and 5 of Regulation No 115/67/EEC ; whereas, if no offer
 Whereas Article 3 of Regulation No 115/67/EEC provides           and no price can be used for such determination, the
  that, where no offer or quotation can be used as a basis         method of calculation provided for in Article 37 of Regu­
  for determining the world market price and where it is,          lation (EEC) No 2681 /83 should be used ; whereas the
  moreover, impossible to establish the value of the oil or        abovementioned difference may be adjusted in accordance
  oil cake processed from such seed, the world market price        with Article 38 of Regulation (EEC) No 2681 /83, account
  should be determined on the basis of the most recent             being taken of the prices of the main competing cereals ;
  known value for oil or oil cake, adjusted to take account
  of the trend of world prices for competing products by           (') OJ No L 163, 22. 6. 1983, p. 44.
  applying to that value the rules set out in Article 2 of         (2) OJ No L 266, 28 . 9 . 1983, p. 1 .
  Regulation No 115/67/EEC ; whereas Article 7 of Regula­          (') OJ No L 368, 31 . 12. 1985, p. 20.
 ---pagebreak--- 30 . 1 . 86                             Official Journal of the European Communities                            No L 23/23
Whereas Article 33 of Regulation (EEC) No 2681 /83                previous months or the following months, as the case may
provides for the publication of the amount of the final           be, must be used ;
subsidy obtained from the conversion into each of the
national currencies of the amount in ECU resulting from           Whereas the subsidy should be fixed whenever the
the calculation referred to above plus or minus the diffe­        market situation makes it necessary and in such a way as
rential amount ; whereas Article 1 of Regulation (EEC)            to ensure its being applied at least once a week ; whereas
No 1813/84 (') defined the elements which determine the           the subsidy may be altered whenever it becomes obvious
differential amounts ; whereas these elements are equal to        that such alteration is necessary ;
the incidence on the target price or the subsidy of the
coefficient derived from the percentage referred to in            Whereas it follows from applying these provisions to the
Article 2 ( 1 ) of Regulation (EEC) No 1569/72 ; whereas,         offers and quotations known to the Commission that,
according to these provisions, this percentage represents :       pursuant to Article 33 of Regulation (EEC) No 2681 /83
                                                                  the amount of the subsidy in ECU and the amount of the
(a) for those Member States whose currencies are main­            subsidy in each of the national currencies must be fixed
     tained as between themselves within a spread at any          in accordance with the Annex to this Regulation ;
     given moment of 2,25 % , the difference between :            whereas, pursuant to the same Article, the spot and
     — the conversion rate used under the common agri­             forward exchange rates for the ECU in national currencies
         cultural policy, and                                     determined in accordance with Article 4 of Regulation
     — the conversion rate resulting from the central rate,       (EEC) No 1813/84 must also be published,
(b) for Italy, the United Kingdom and Greece, the diffe­
     rence between :
                                                                   HAS ADOPTED THIS REGULATION :
     — the relationship between the conversion rate used
         under the common agricultural policy for the
         currency of the Member State concerned and the                                     Article 1
         central rate of each of the currencies of the
         Member States referred to in (a), and                     1 . The amounts of the subsidy and the exchange rates
                                                                   referred to in Article 33 (2) and (3) of Regulation (EEC)
     — the spot market rate for the currency of the                No 2681 /83 shall be as set out in the Annex hereto .
         Member State in question in relation to each of
         the currencies of the Member States referred to in
                                                                   2. The amount of the subsidy in the case of advance
         (a), as recorded over a period to be determined ;         fixing for January, February, March, April, May and June
Whereas, however, pursuant to Article 2a of Regulation             1986 for colza and rape seed will, however, be confirmed
(EEC) No 1569/72, the monetary disparity for the marke­            or replaced as from 30 January 1986 to take into account
ting years 1984/85 to 1986/87 will be calculated by a              the indicative price which is fixed for these products for
method which takes into account a coefficient applied to           the 1985/86 marketing year, and the amount of the
the conversion rate resulting from the central rate ;              monthly increase for February, March, April, May and
whereas Regulation (EEC) No 2679/85 (2) fixed the coeffi­          June 1986 for colza and rape seed.
cient ;
Whereas Regulation (EEC) No 1813/84 specifies the spot
 and forward exchange rates and the period to be used for                                   Article 2
 calculating the differential amounts ; whereas in cases
where, for one or more months, quotations of forward               This Regulation shall enter into force on 30 January
 exchange rates are not available, the rates adopted for the        1986 .
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels, 29 January 1986.
                                                                             For the Commission
                                                                              Frans ANDRIESSEN
                                                                                 Vice-President
 (') OJ No L 170, 29. 6. 1984, p. 41 .
 h) OJ No L 254, 25. 9. 1985, p. 14.
 ---pagebreak--- No L 23 /24                                   Official Journal of the European Communities                                                        30 . 1 . 86
                                                                      ANNEX I
                                                          Aids to colza and rape seed
                                                                                                                                (amounts per 100 kilograms)
                                                   Current
                                                                    2nd month          3rd month          4th month         5th month         6th month
                                                    month
1 . Gross aids (ECU)(l)                               25,358            25,824             27,264             24,072             24,072            24,072
2. Final aids (')                                                                                                                         l
    Seeds harvested and processed in :                                                                                                    l
    —   Federal Republic of Germany (DM)              62,09             63,20              66,60              59,40              59,40             59,91
    —   Netherlands (Fl)                              69,96             71,22              75,02              66,90              66,90             67,41
    —   BLEU (Bfrs/Lfrs)                          1 176,91           1 198,54           1 265,37           1 116,19          1 116,19          1 108,42
    —   France (FF)                                 175,04             178,30             188,13             164,58            164,58             164,59
    —  Denmark (Dkr)                                213,39             217,31             229,43             202,57            202,57            202,01
    —   Ireland (£ Irl)                               19,021            19,371             20,447             18,005             18,005            17,675
    —  United Kingdom (£)                             14,289            14,574             15,520             13,325             13,325            13,146
    —  Italy (Lit)                               35 774             36 458            38 484             33 241            33 241            32 519
    —  Greece (Dr)                                1 704,36           1 750,02           1 932,05           1 465,55          1 465,55          1 465,55
(') On the basis of the Commission's last proposal concerning the indicative price and subject to confirmation by the Council s decision.
                                                                     ANNEX II
                                                              Aids to sunflower seed
                                                                                                                                (amounts per 100 kilograms)
                                                     Current
                                                                         2nd month­             3rd month            4th month              5th month
                                                     month
1 . Gross aids (ECU)                                   35,157                 36,818                 37,184               34,455                 34,455
2. Final aids
    Seeds harvested and processed in :
    — Federal Republic of Germany (DM)                 85,53                  89,42                  90,33                84,17                  84,17
    — Netherlands (Fl)                                 96,37                 100,75                101,76                 94,81                  94,81
    — BLEU (Bfrs/Lfrs)                              1 631,70               1 708,79              1 725,78             1 598,08               1 598,08
    — France (FF)                                     243,54                 255,28                257,45               237,26                 237,26
    — Denmark (Dkr)                                   295,85                 309,82                312,90               289,94                 289,94
    — Ireland (£ Irl)                                  26,372                 27,618                 27,888               25,793                 25,793
    — United Kingdom (£)                                20,292                21,382                 21,593               19,744                 19,744
                                                   50 220                52 759                53 095                48 621                48 621
    — Italy (Lit)
    — Greece (Dr)                                   2 669,54              2 878,93               2 907,01             2 524,92               2 524,92
                                                                     ANNEX III
                        Exchange rate of the ECU to be used for converting final aids into the currency of the
                        processing country when the latter is a country other than the country of production
                                                                                                                                          (value of 1 ECU)
                                          Current                                                     4th month          5th month           6th month
                                                             2nd month           3rd month
                                           month
DM                                         2,168640             2,160750            2,152600             2,142890           2,142890            2,120640
Fl                                         2,443860             2,437280            2,430130             2,421330           2,421330             2,402010
Bfrs/ Lfrs                                44,325600            44,388700          44,447700             44,471300         44,471300            44,548700
FF                                          6,654790            6,660120            6,674120             6,702350           6,702350             6,751460
Dkr                                        7,979910             7,975850            7,966540             7,954250           7,954250             7,940290
£ Irl                                      0,714877             0,718149            0,720945             0,723591           0,723591             0,729739
£                                           0,640795            0,643115            0,644966             0,646868            0,646868            0,653033
Lit                                    1 478,71            1 489,36            1 499,52             1 509,69           1 509,69            1 534,06
Dr                                       132,56540            132,56630          132,51980            132,40670          132,40670            132,28350