CELEX: 31990R2530
Language: en
Date: 1990-09-01 00:00:00
Title: Commission Regulation (EEC) No 2530/90 of 31 August 1990 fixing the amount of the subsidy on oil seeds

1 . 9. 90                                    Official Journal of the European Communities                            No L 237/59
                                       COMMISSION REGULATION (EEC) No 2530/90
                                                           of 31 August 1990
                                           fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                            225/67/EEC (9), as last amended by Regulation (EEC) No
                                                                       2869/87 (10);
Having regard to the Treaty establishing the European
Economic Community,
                                                                       Whereas the target prices and the intervention prices
Having regard to the Act of Accession of Spain and                     fixed by the Council are to be reduced in accordance with
Portugal,                                                              Commission Regulation (EEC) No 1756/90 of 27 June
                                                                        1990 establishing the target and intervention prices for
                                                                       colza, rape and sunflower seed and the guide and
Having regard to Council Regulation No 136/66/EEC of                    minimum prices for soya beans, fixed in ecus by the
22 September 1966 on the establishment of a common                      Council and reduced as a result of the monetary realign­
organization of the market in oils and fats ('), as last                ment of 5 January 1990 (n);
amended by Regulation (EEC) No 2902/89 (2), and in
particular Article 27 (4) thereof,
                                                                       Whereas the abatement of the subsidy for colza and rape
Having regard to Council Regulation (EEC) No                           seed which arises, where appropriate, from the system of
1678/85 (3) fixing the conversion rates to be applied in                maximum guaranteed quantities for the 1990/91 marke­
agriculture, as last amended by Regulation (EEC) No                     ting year, has been fixed by Commission Regulation
2496/90 (4),                                                            (EEC) No 2509/90 (,2) ;
Having regard to Council Regulation (EEC) No 1569/72
of 20 July 1972 laying down special measures for colza,                 Whereas the abatement of the subsidy for sunflower seed
rape and sunflower seed (*), as last amended by Regulation              which arises, where appropriate, from the system of
(EEC) No 2206/90 (6), and in particular Article 2 (3)                   maximum guaranteed quantities for the 1990/91 marke­
thereof,                                                                ting year, has not yet been fixed ; whereas the amount of
                                                                        the subsidy for the 1990/91 marketing year has been
Having regard to the opinion of the Monetary Committee,                 provisionally calculated on the basis of an abatement for
                                                                        the 1989/90 marketing year ;
Whereas Article 27 of Regulation No 136/66/EEC
provides that a subsidy should be granted in respect of oil             Whereas Article 29 of Regulation No 136/66/EEC
seeds harvested and processed within the Community                      provides that the world market price, calculated for a
when the target price for a species of seed is higher than              Community frontier crossing point, is to be determined
the price on the world market ; whereas these provisions                on the basis of the most favourable purchasing opportuni­
at present apply only in respect of colza, rape and                     ties, quotations being adjusted where necessary to take
sunflower seeds ;                                                       account of quotations for competing products ;
Whereas the subsidy on oil seeds should, theoretically, be
equal to the difference between those two prices ;                      Whereas Article 4 of Council Regulation No 115/67/EEC
                                                                        of 6 June 1967 laying down criteria for determining
Whereas the target price and the monthly increases in the               world market prices for oil seeds and fixing the frontier
target price for colza, rape and sunflower seed for the                 crossing point (13), as last amended by Regulation (EEC)
 1990/91 marketing year were fixed by Council Regula­                   No 1983/82 (H), fixed the said crossing point at
tions (EEC) No 1317/90 0 and (EEC) No 1318/90 (8) ;                     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 a supplement to the target price for 'double zero'
colza and rape seed was fixed by Regulation (EEC) No                     known to the Commission and of quotations on those
 1317/90 for the 1990/91 marketing year ;                                exchanges which are significant for international trade ;
                                                                        whereas Article 2 of Regulation No 225/67/EEC provides
Whereas the standard quality for sunflower seed has been                 that offers and quotations which do not relate to ship­
maintained by the Council for the 1989/90 and 1 990/91                   ments to be effected within 30 days following the date on
marketing years ; whereas the coefficients of equivalence               which the world market price is determined should be
applied to the prices of sunflower seed from third coun­                 disregarded ; whereas offers and quotations which the
 tries have been fixed by Commission Regulation No                       Commission believes, in view of general price movements
                                                                         or information available to it, not to be representative of
                                                                         the real trend of the market must also be disregarded ;
 (') OJ No   172, 30 . 9 . 1966, p. 3025/66.
 (2) OJ No   L 280, 29.    9. 1989, p. 2.
 O   OJ No   L 164, 24.    6. 1985, p. 11 .                              (») OJ No. 136, 30. 6. 1967, p. 2919/67.
 (4) OJ No   L 236, 31 .   8. 1990, p. 8 .                               (■») OJ No L 273, 26. 9. 1987, p. 16.
 0   OJ No   L 167, 25.    7. 1972, p. 9.                                (») OJ No L 162, 28 . 6. 1990, p. 19 .
 (6) OJ No   L 201 , 31 .  7. 1990, p. 11 .                              (12) See page 7 of this Official Journal.
 0   OJ No   L 132, 23.    5. 1990, p. 9.                                (13) OJ No 111 , 10. 6. 1967, p. 2196/67.
 (8) OJ No   L 132, 23 .   5. 1990, p. 11 .                              ('") OJ No L 215, 23. 7. 1982, p. 6.
 ---pagebreak---  No L 237/60                           Official Journal of the European Communities                                    1 . 9. 90
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 115/67/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
rence in transport and insurance costs as compared with a       . Whereas, under Article 6 of Regulation No 1 1 5/67/EEC,
product delivered cif Rotterdam ; whereas the Commis­             the price determined for colza, rape and sunflower seeds
sion should take account only of the loading, transport           must also be adjusted by an amount not exceeding the
and insurance costs which to its knowledge are the                margin, as calculated in accordance with that Article,
lowest ; whereas, finally, offers and quotations for delivery     where that margin may affect the normal disposal of seeds
cif Rotterdam should be increased by ECU 0,242 ;                  harvested in the Community ;
Whereas Article 5 of Regulation No 115/67/EEC provides
that the world market price should be determined for              whereas Council Regulation (EEC) No 1594/83 of 14
seed of the standard quality for which the target price has       June 1983 on the subsidy for oil seeds ('), as last amended
been fixed, delivered in bulk ;                                   by Regulation (EEC) No 1321 /90 (2), laid down rules for
                                                                  granting the subsidy on oil seeds ; whereas, under that
                                                                  Regulation, where the subsidy to be granted is fixed in
Whereas Article 3 of Regulation No 225/67/EEC provides            advance, the amount of such subsidy must be equal to the
that offers and quotations relating to products presented         amount applicable on the day on which the application
otherwise than in bulk should be adjusted by deducting            for advance fixing was lodged, adjusted by the difference
the additional value resulting from that presentation ;           between the target price valid on that day and the target
whereas offers and quotations relating to a quality other         price valid on the day on which the seeds are placed
than the standard quality for which the target price was          under control at an oil or feed mill and, where appro­
fixed should be adjusted on the basis of the coefficients of      priate, a corrective amount ; whereas Article 35 of
equivalence shown in the Annex to that Regulation ;               Commission Regulation (EEC) No 2681 /83 of 21
whereas, in the case of offers on the world market for            September 1983 laying down detailed rules for the appli­
qualities of colza and rape seed other than those listed in       cation of the subsidy system for oil seeds (3), as last
                                                                  amended by Regulation (EEC) No 2248/90 (*), provides
that Annex, coefficients of equivalence derived from those
listed in that Annex may, pursuant to Article 4 of Regula­
                                                                  that such adjustment should involve increasing or redu­
tion No 225/67/EEC, be applied ; whereas, when derived            cing the amount of subsidy applicable on the day on
coefficients are being calculated, account must be taken of       which the application was lodged by the corrective
the differences between prices for the qualities of seed in
                                                                  amount and the difference between the target prices
                                                                  mentioned in Article 35 of Regulation (EEC) No
question and prices for the qualities listed in that Annex,       2681 /83 ;
and of the characteristics of these various seeds ;
Whereas Article 2 of Regulation No 115/67/EEC provides            Whereas Article 37 of Regulation (EEC) No 2681 /83
that, where no offer or quotation can be used as a basis          provides that the corrective amount must be equal to the
for determining the world market price, that price should         difference between the world market price for colza, rape
be determined on the basis of the value of the average            and sunflower seeds and the forward price for those seeds
quantities of oil and oil cake resulting from the proces­         valid for a shipment effected during the month in which
sing of 100 kilograms of seed within the Community less           the seeds were placed under control at an oil mill, those
an amount corresponding to the cost of processing these           prices being determined in accordance with Articles 1 , 4
seeds into oil and oil cake ; whereas the quantities and          and 5 of Regulation No 115/67/EEC ; whereas, if no offer
costs to be taken into consideration for the purposes of          and no price can be used for such determination, the
the calculation are fixed in Article 5 of Regulation No           method of calculation provided for in Article 37 of Regu­
225/67/EEC ; whereas the value of those quantities should         lation (EEC) No 2681 /83 should be used ; whereas the
be determined in accordance with Article 6 of that
                                                                  abovementioned difference may be adjusted in accordance
Regulation ;
                                                                  (•) OJ No   L 163,  22. 6. 1983, p. 44.
                                                                  (2) OJ No   L 1.32, 23. 5. 1990, p. 15.
Whereas Article 3 of Regulation No 1 1 5/67/EEC provides          f)  OJ No   L 266,  28 . 9. 1983, p. 1 .
that, where no offer or quotation can be used as a basis          (4) OJ No   L 203,  1 . 8. 1990, p. 55.
 ---pagebreak--- 1 . 9 . 90                                Official Journal of the European Communities                            No L 237/61
with Article 38 of Regulation (EEC) No 2681 /83, account                     Communities during a period to be determined
being taken of the prices of the main competing cereals ;                    multiplied by the factor referred to in the second
                                                                             indent of point (a) ;
Whereas the aid for colza, rape or sunflower seed
harvested or processed in Spain or Portugal is to be                Whereas Regulation (EEC) No 1813/84 specifies the spot
advised as provided for in Council Regulation (EEC) No              and forward exchange rates and the period to be used for
478/86 (') ; whereas pursuant to Article 95 (2) and 293 (2)         calculating the differential amounts ; whereas in cases
of the Act of Accession this aid is to be introduced at the
                                                                    where, for one or more months, quotations of forward
beginning of the 1986/87 marketing year for seed                    exchange rates are not available, the rates adopted for the
harvested in these two Member States ;                              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 of 25 February 1986 laying down general rules for
the mechanism for controlling the prices and the quanti­            Whereas the subsidy should be fixed whenever the
ties of certain products in the oils and fats sector released       market situation makes it necessary and in such a way as
for consumption in Spain (2), as last amended by Regula­            to ensure its being applied at least once a week ; whereas
tion (EEC) No 387/90 (3), provision is made for the gran­           the subsidy may be altered whenever it becomes obvious
ting of compensatory aid, subject to certain conditions ;           that such alteration is necessary ;
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,
Whereas Council Regulation (EEC) No 1920/87 (4),                    pursuant to Article 33 of Regulation (EEC) No 2681 /83
provides for the granting of a special subsidy for                  the amount of the subsidy in ecus and the amount of the
sunflower seed harvested and processed in Portugal ;                subsidy in each of the national currencies must be fixed
whereas the amount of this subsidy should be fixed ;                in accordance with the Annex to this Regulation ;
                                                                    whereas, pursuant to the same Article, the spot and
Whereas Article 33 of Regulation (EEC) No 2681 /83                  forward exchange rates for the ecu in national currencies
provides for the publication of the amount of the final             determined in accordance with Article 4 of Regulation
subsidy obtained from the conversion into each of the               (EEC) No 1813/84 must also be published,
national currencies of the amount in ecus resulting from
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
                                                                     HAS ADOPTED THIS REGULATION :
(EEC) No 1 539/90 (®), 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                                  Article 1
lation or the subsidy of the coefficient derived from the
percentage referred to in Article 2 (1 ) of Regulation (EEC)
No 1569/72 ; whereas, according to these provisions, this            1 . The amounts of the subsidy and the exchange rates
percentage represents :                                              referred to in Article 33 (2) and (3) of Regulation (EEC)
                                                                     No 2681 /83 shall be as set out in the Annexes hereto.
(a) for those Member States whose currencies are main­
     tained as between themselves within a spread at any             2. The amount of the compensatory aid referred to in
     given moment of 2,25 % , the difference between :               Article 14 of Regulation (EEC) No 475/86 shall be as
     — the conversion rate used under the common                     shown in Annex III to this Regulation for sunflower seed
          agricultural policy, and                                   harvested in Spain.
     — the conversion rate resulting from the central rate
          multiplied by the correcting factor referred to in         3. The amount of the special subsidy provided
         Article 6 (1 ) of Regulation (EEC) No 1677/85 Q, as         for by Regulation (EEC) 1920/87 for sunflower seed
          last amended by Regulation (EEC) No 2205/90 (8) ;          harvested and processed in Portugal is fixed in Annex III.
(b) for Member States other than those referred to in (a),
     the difference between :                                        4. However, the amount of the subsidy in the case of
                                                                     advance fixing for the 1990/91 marketing year for
     — the agricultural conversion rate, and                         sunflower will be confirmed or replaced as from 1
     — the average rate of the ecu as published in the C             September 1990 to take into account the application of
          Series of the Official Journal of the European             the system of maximum guaranteed quantities for colza
                                                                     and rape seed for the 1990/91 marketing year.
 (') OJ  No   L 53, 1 . 3. 1986, p. 55.
 (2) OJ  No   L 53, 1 . 3. 1986, p. 47.
 (3) OJ  No   L 42, 16. 2. 1990, p. 8.                                                        Article 2
 (4) OJ  No   L 183, 3. 7. 1987, p. 18 .
 O   OJ  No   L 170, 29. 6. 1984, p. 41 .
 M OJ No L 145, 8. 6. 1990, p. 20.
 0 OJ No L 164, 24. 6. 1985, p. 6.                                   This Regulation shall enter into force on 1 September
 (8) OJ No L 201 , 31 . 7. 1990, p. 9.                                1990 .
 ---pagebreak---       No L 237/62                            Official Journal of the European Communities                                  1 . 9. 90
                        This Regulation shall be binding in its entirety and directly applicable in all Member
                        States.
                        Done at Brussels, 31 August 1990.
                                                                                 For the Commission
                                                                                   Ray MAC SHARRY
                                                                            Member of the Commission
                                                                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
                                                    9              10           11            12             1                  2
1 . Gross aids (ECU) :                                                                               \                 I
    — Spain                                          0,000          0,000        0,000         0,000          0,000              0,000
    — Portugal                                       0,000          0,000        0,000         0,000        26,505             26,783
    — Other Member States                           20,522         20,361       19,457        19,735        19,535             19,813
2. Final aids :
    (a) Seed harvested and processed in :                                                                              I
        — Federal Republic of Germany                                     \                                            \
           (DM)                                     48,04          47,67        45,55         46,21         45,74              46,54
        — Netherlands (Fl)                          54,13          53,71        51,32         52,06         51,53              52,44
        — BLEU (Bfrs/Lfrs)                         990,94         983,17       939,52        952,94        943,29             957,16
        — France (FF)                              161,14         159,87       152,77        154,96        153,39             155,57
        — Denmark (Dkr)                            183,26         181,83       173,75        176,23        174,45             176,93
        — Ireland (£ Irl)                           17,934         17,793       17,003        17,246        17,072             17,315
        — United Kingdom (£)                        15,905         15,778       15,041        15,223        15,061             15,185
            Italy (Lit)                        35 948         35 666        34 082        34 569        34 219            34 683
        — Greece (Dr)                            4 253,45       4 215,50     3 971,51      4 007,18      3 954,67          3 916,10
    (b) Seed harvested      in  Spain  and                 \\
        processed :                                        IlIl                                      IIIl
        — in Spain (Pta)                             0,00           0,00         0,00          0,00            0,00              0,00
        — in another Member State (Pta)              0,00           0,00         0,00          0,00            0,00              0,00
    (c) Seed harvested in Portugal and                     \\                           li||
        processed :                                        Il                                        II
        — in Portugal (Esc)                          0,00            0,00        0,00          0,00      5 437,43           5 459,99
        — in another Member State (Esc)          5 655,71       5 621,95     5 429,11      5 480,36      5 437,43           5 459,99
 ---pagebreak--- 1 . 9. 90                                  Official Journal of the European Communities                             No L 237/63
                                                              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
                                                   9             10            11           12            1                 2
1 . Gross aids (ECU) :                                                  \             I
    — Spain                                         2,500         2,500         2,500          2,500       2,500             2,500
    — Portugal                                      2,500 •       2,500         2,500          2,500     29,005            29,283
    — Other Member States                          23,022        22,861        21,957       22,235       22,035            22,313
2. Final aids :                            \                                          l      \
    (a) Seed harvested and processed in :  \
        — Federal Republic of Germany      l                            \             l
           (DM)                                    53,90         53,52         51,40        52,06        51,59             52,39
        — Netherlands (Fl)                         60,73         60,30         57,92        58,65        58,13             59,04
        — BLEU (Bfrs/Lfrs)                     1 111,66       1103,89       1 060,24     1 073,66     1 064,00         1 077,88
        — France (FF)                             180,76      . 179,50        172,40       174,59       173,02            175,20
        — Denmark (Dkr)                         , 205,59        204,15        196,08       198,56       196,77            199,26
        — Ireland (£ Irl)                          20,119        19,978        19,188       19,431       19,256            19,499
        — United Kingdom (£)                       17,854        17,727        16,990       17,171       17,010            17,133
        — Italy (Lit)                         40 327        40 045        38 461        38 948       38 598           39 062
        — Greece (Dr)                          4 796,81       4 758,86     4 514,87      4 550,54     4 498,03         4 459,46
    (b) Seed harvested    in   Spain   and Il||                                       \
        processed :                        IlIl                                       \              IIL
        — in Spain (Pta)                          382,24        382,24        382,24       382,24       382,24            382,24
        — in another Member State (Pta)           207,47        183,69         46,19        80,44        51,81             70,44
    (c) Seed harvested in Portugal and                                  I.\           \              ||
        processed :                                         II                        I
        — in Portugal (Esc)                       517,26        517,26        517,26       517,26     5 954,69         5 977,25
        — in another Member State (Esc) i      6 172,97       6 139,21      5946,36      5 997,61     5 954,69          5 977,25
 ---pagebreak---  No L 237/64                                       Official Journal of the European Communities                                                           1 . 9. 90
                                                                           ANNEX III
                                                                    Aids to sunflower seed
                                                                                                                                            (amounts per 100 kg)
                                                           Current             1st period           2nd period           3rd period              4th period
                                                              9                     10                   11                    12                      1
1 . Gross aids (ECU):
    — Spain                                                    8,600                 8,600                8,600                 8,600                 29,056
    — Portugal                                                 0,000                 0,000                0,000                 0,000                 38,069
    — Other Member States                                    35,401                34,355                34,335                34,666                 34,469
2. Final aids :                                                                                                                            l
    (a) Seed harvested and processed in (') :                                                                                              l
        — Federal Republic of Germany
            (DM)                                             82,88                 80,43                 80,38                 81,16                  80,70
        — Netherlands (Fl)                                   93,38                 90,62                 90,57                 91,44                  90,92
        — BLEU (Bfrs/Lfrs)                                1 709,41              1 658,90             1 657,93             1 673,91                 1 664,40
        — France (FF)                                       277,96                269,75               269,59                272,19                  270,64
        — Denmark (Dkr)                                     316,13                306,79               306,61                309,57                  307,81
        — Ireland (£ Irl)                                    30,937                30,023                30,005                30,295                 30,122
        — United Kingdom (£)                                 27,506                26,683                26,642                26,866                 26,707
        — Italy (Lit)                                   62 011                60 179                60 144              60 723                   60 378
        — Greece (Dr)                                     7 493,37              7 248,43             7211,11              7 259,03                7 206,28
    (b) Seed harvested in Spain and
        processed :
        — in Spain (Pta)                                  1 314,91              1 314,91             1 314,91             1 314,91                4 508,97
        — in another Member State (Pta)                   4 724,02              4 569,55             4 563,64             4 607,20                4 579,22
    (c) Seed harvested in Portugal and
        processed :
        — in Portugal (Esc)                                    0,00                  0,00                 0,00                  0,00              7 829,51
        — in Spain (Esc)                                  8 216,33              7 992,09             7 984,29             8 047,86                8 004,46
        — in another Member State (Esc)                   8 036,75              7 817,41             7 809,78             7 871,96                7 829,51
3. Compensatory aids :
    — in Spain (Pta)                                      4 700,27              4 544,98             4 539,07             4 582,63         \
4. Special aid :
    — in Portugal (Esc)                                   8 036,75              7 817,41             7 809,78             7 871,96                    —
(') 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 1,0223450.
                                                                           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
                                                  9                    10                  11                  12                  1                     2
DM                                              2,068020              2,064440            2,060820           2,057380            2,057380             2,047900
Fl                                              2,329910              2,326050            2,321960           2,318210            2,318210             2,307040
Bfrs/Lfrs                                      42,461200            42,423000            42,380300          42,328200 .        42,328200             42,221000
FF                                              6,939300              6,937550            6,935960           6,935570            6,935570             6,932900
Dkr                                             7,924060              7,925960            7,926730           7,926960            7,926960             7,921460
£Irl                                            0,770622              0,770879            0,771033           0,771231            0,771231             0,772797
£                                               0,685337              0,687839            0,690281           0,692533            0,692533             0,698362
Lit                                         1 536,69             1 537,86            1 539,36           1 541,07           1 541,07              1 545,80
Dr                                            203,82700            204,86800            206,80500         208,53500           208,53500             215,12700
Esc                                           182,96400            183,45800            184,05700         184,49500           184,49500             186,83100
Pta                                           128,91700            129,38700            129,82700          130,23600          130,23600             131,40700