CELEX: 31991R3198
Language: en
Date: 1991-11-01 00:00:00
Title: Commission Regulation (EEC) No 3198/91 of 31 October 1991 fixing the amount of the subsidy on oil seeds

No L 303/34                              Official Journal of the European Communities                                 1 . 11 . 91
                                    COMMISSION REGULATION (EEC) No 3198/91
                                                      of 31 October 1991
                                       fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        1991 /92 marketing year were fixed by Council Regula­
                                                                   tions (EEC) No 1722/91 (7) and (EEC) No 1723/91 (8);
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 by Regulation (EEC) No
Having regard to the Act of Accession of Spain and                 1722/91 for the 1991 /92 marketing year ;
Portugal,
Having regard to Council Regulation No 136/66/EEC of               Whereas the abatement of the subsidy for colza and rape
22 September 1966 on the establishment of a common                 seed which arises, where appropriate, from the system of
organization of the market in oils and fats ('), as last           maximum guaranteed quantities for the 1991 /92 marke­
amended by Regulation (EEC) No 1720/91 (2), and in                 ting year, has been fixed by Commission Regulation
particular Article 27 (4) thereof,                                 (EEC) No 3207/91 (9) ;
Having regard to Council Regulation (EEC) No
1678/85 (3) fixing the conversion rates to be applied in           Whereas the abatement of the subsidy for sunflower seed
agriculture, as last amended by Regulation (EEC) No                which arise from the system of maximum guaranteed
2922/91 (4),                                                        quantities for the 1991 /92 marketing year has been fixed
                                                                    by Commission Regulation (EEC) 3208/91 (10) ;
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 27a (3) of Regulation No 136/66/EEC
(EEC) No 2206/90 (®), and in particular Article 2 (3)               provides that the adjustment of the amount of aid for
thereof,                                                            rapeseed produced in Spain for the 1991 /92 marketing
                                                                    year shall be fixed so that the adjusted target price is the
                                                                    same in Spain as in the Community as constituted at 31
                                                                    December 1985 ;
Having regard to the opinion of the Monetary Committee,
Whereas Article 27 of Regulation No 136/66/EEC                      Whereas Article 29 of Regulation No 136/66/EEC
provides that a subsidy should be granted in respect of oil         provides that the world market price, calculated for a
seeds harvested and processed within the Community                  Community frontier crossing point, is to be determined
when the target price for a species of seed is higher than          on the basis of the most favourable purchasing opportuni­
the price on the world market ; whereas these provisions            ties, quotations being adjusted where necessary to take
at present apply only in respect of colza, rape and                 account of quotations for competing products ;
sunflower seeds ;
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
                                                                    world market prices for oil seeds and fixing the frontier
                                                                    crossing point ("), as last amended by Regulation (EEC)
Whereas the target price and the monthly increases in the           No 1983/82 (12), fixed the said crossing point at
target price for colza, rape and sunflower seed for the             Rotterdam ; whereas Article 1 of that Regulation provides
(') OJ No  172, 30. 9. 1966, p.  3025/66.                           O OJ No L 162, 26. 6. 1991 , p. 31 .
0   OJ No  L 162, 26. 6. 1991 ,  p. 27.                             («) OJ No L 162, 26. 6. 1991 , p. 33.
(3) OJ No  L 164, 24. 6. 1985,   p. 11 .                            f) See page 68 of this Official Journal.
0   OJ No  L 279, 7. 10. 1991 ,  p. 43.                             (10) See page 69 of this Official Journal.
0   OJ No  L 167, 25. 7. 1972,   p. 9.                              (") OJ No 111 , 10. 6. 1967, p. 2196/67.
(«) OJ No  L 201 , 31 . 7. 1990, p. 11 .                            H OJ No L 215, 23. 7. 1982, p. 6.
 ---pagebreak--- 1 . 11 . 91                            Official Journal of the European Communities                            No L 303/35
that when the world market price is being determined             be determined on the basis of the value of the average
account should be taken of all offers on the world market        quantities of oil and oil cake resulting from the proces­
known to the Commission and of quotations on those               sing of 100 kilograms of seed within the Community less
exchanges which are significant for international trade ;        an amount corresponding to the cost of processing these
whereas Article 2 of Regulation No 225/67/EEC provides           seeds into oil and oil cake ; whereas the quantities and
that offers and quotations which do not relate to ship­          costs to be taken into consideration for the purposes of
ments to be effected within 30 days following the date on        the calculation are fixed in Article 5 of Regulation No
which the world market price is determined should be             225/67/EEC ; whereas the value of those quantities should
disregarded ; whereas offers and quotations which the            be determined in accordance with Article 6 of that
Commission believes, in view of general price movements          Regulation ;
or information available to it, not to be representative of
the real trend of the market must also be disregarded ;
                                                                 Whereas Article 3 of Regulation No 115/67/EEC provides
Whereas offers and quotations relating to quantities of          that, where no offer or quotation can be used as a basis
less than 500 tonnes and offers relating to seed of a            for determining the world market price and where it is,
quality other than that normally acceptable on the world         moreover, impossible to establish the value of the oil or
market must also be disregarded ;                                oil cake processed from such seed, the world market price
                                                                 should be determined on the basis of the most recent
                                                                 known value for oil or oil cake, adjusted to take account
Whereas Article 3 of Regulation No 225/67/EEC provides           of the trend of world prices for competing products by
that of the offers and quotations taken into consideration,      applying to that value the rules set out in Article 2 of
those for delivery c and f should be increased by 0,2 % ;        Regulation No 1 1 5/67/EEC ; whereas Article 7 of Regula­
whereas offers and quotations for delivery fas, fob or           tion No 225/67/EEC defines competing products as those
otherwise should be increased, as appropriate, by loading,       oils or oil cakes, as the case may be, which appear to have
transport and insurance costs from the point of shipment         been offered in the largest quantities on the world market
or loading to the frontier crossing point ; whereas cif          during the period under consideration ;
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
product delivered cif Rotterdam ; whereas the Commis­            Whereas, under Article 6 of Regulation No 115/67/EEC,
sion should take account only of the loading, transport          the price determined for colza, rape and sunflower seeds
and insurance costs which to its knowledge are the               must also be adjusted by an amount not exceeding the
lowest ; whereas, finally, offers and quotations for delivery    margin, as calculated in accordance with that Article,
cif Rotterdam should be increased by ECU 0,242 ;                 where that margin may affect the normal disposal of seeds
                                                                 harvested in the Community ;
Whereas Article 5 of Regulation No 115/67/EEC provides
that the world market price should be determined for
seed of the standard quality for which the target price has      Whereas Council Regulation (EEC) No 1594/83 of 14
been fixed, delivered in bulk ;                                  June 1983 on the subsidy for oil seeds (l), as last amended
                                                                 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
that Annex, coefficients of equivalence derived from those       amended by Regulation (EEC) No 2964/91 (4), provides
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
question and prices for the qualities listed in that Annex,       mentioned in Article 35 of Regulation (EEC) No
and of the characteristics of these various seeds :
                                                                  2681 /83 ;
Whereas Article 2 of Regulation No 1 1 5/67/EEC provides         (') OJ  No  L  163, 22.  6. 1983, p. 44.
                                                                 0   OJ  No  L  132, 23.  5. 1990, p. 15.
that, where no offer or quotation can be used as a basis         O   OJ  No  L 266,  28 . 9. 1983, p. 1 .
for determining the world market price, that price should        (4) OJ  No  L 282,  10.  10. 1991 , p. 15.
 ---pagebreak--- No L 303/36                             Official Journal of the European Communities                                 1 . 11 . 91
Whereas Article 37 of Regulation (EEC) No 2681 /83                         Article 6 (1) of Regulation (EEC) No 1677/85 (4), as
provides that the corrective amount must be equal to the                   last amended by Regulation (EEC) No 2205/90 (*) ;
difference between the world market price for colza, rape
and sunflower seeds and the forward price for those seeds         (b) for Member States other than those referred to in (a),
valid for a shipment effected during the month in which                the difference between :
the seeds were placed under control at an oil mill, those
prices being determined in accordance with Articles 1 , 4              — the agricultural conversion rate, and
and 5 of Regulation No 115/67/EEC ; whereas, if no offer               — the average rate of the ecu as published in the C
and no price can be used for such determination, the                       Series of the Official Journal of the European
method of calculation provided for in Article 37 of Regu­                  Communities during a period to be determined
lation (EEC) No 2681 /83 should be used ; whereas the                      multiplied by the factor referred to in the second
abovementioned difference may be adjusted in accordance                    indent of point (a);
with Article 38 of Regulation (EEC) No 2681 /83, account
being taken of the prices of the main competing cereals ;
                                                                  Whereas Regulation (EEC) No 1813/84 specifies the spot
                                                                  and forward exchange rates and the period to be used for
                                                                  calculating the differential amounts ; whereas in cases
                                                                  where, for one or more months, quotations of forward
                                                                  exchange rates are not available, the rates adopted for the
                                                                  previous months or the following months, as the case may
Whereas the aid for colza, rape or sunflower seed                 be, must be used ;
harvested or processed in Spain or Portugal is to be
adjusted as provided for in Council Regulation (EEC) No
478/86 (') ; whereas this aid is, for seed harvested in these     Whereas the subsidy should be fixed whenever the
Member States, to be determined in line with the provi­           market situation makes it necessary and in such a way as
sions of Articles 95 (2) and (3) and 293 (2) and (3) of the       to ensure its being applied at least once a week ; whereas
Act of Accession :                                                the subsidy may be altered whenever it becomes obvious
                                                                   that such alteration is necessary ;
                                                                  Whereas it follows from applying these provisions to the
                                                                   offers and quotations known to the Commission that,
                                                                   pursuant to Article 33 of Regulation (EEC) No 2681 /83
Whereas Article 33 of Regulation (EEC) No 2681 /83                 the amount of the subsidy in ecus and the amount of the
provides for the publication of the amount of the final            subsidy in each of the national currencies must be fixed
subsidy obtained from the conversion into each of the              in accordance with the Annex to this Regulation ;
national currencies of the amount in ecus resulting from          whereas, pursuant to the same Article, the spot and
the calculation referred to above plus or minus the diffe­         forward exchange rates for the ecu in national currencies
rential amount ; whereas Article 1 of Commission Regula­           determined in accordance with Article 4 of Regulation
tion (EEC) No 1813/84 (2), as last amended by Regulation           (EEC) No 1813/84 must also be published,
(EEC) No 1539/90 (3), 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
lation or the subsidy of the coefficient derived from the
percentage referred to in Article 2 (1 ) of Regulation (EEC)       HAS ADOPTED THIS REGULATION :
No 1 569/72 ; whereas, according to these provisions, this
percentage represents :
                                                                                              Article 1
(a) for those Member States whose currencies are main­             The amounts of the subsidy and the exchange rates
     tained as between themselves within a spread at any           referred to in Article 33 (2) and (3) of Regulation (EEC)
    given moment of 2,25 %, the difference between :               No 2681 /83 shall be as set out in the Annexes hereto.
    — the conversion rate used under the common
         agricultural policy, and
                                                                                              Article 2
    — the conversion rate resulting from the central rate
         multiplied by the correcting factor referred to in        This Regulation shall enter into force on 1 November
                                                                    1991 .
0 OJ No L 53, 1 . 3. 1986, p. 55.
0 OJ No L 170, 29. 6. 1984, p. 41 .                                (4) OJ No L 164, 24. 6. 1985, p. 6.
0 OJ No L 145, 8. 6. 1990, p. 20.                                  0 OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- 1 . 11 . 91                    Official Journal of the European Communities                        No L 303/37
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 31 October 1991 .
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission
 ---pagebreak--- No L 303/38                              Official Journal of the European Communities                                   1 . 11 . 91
                                                             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
                                                 11             12            1              2           3                 4
1 . Gross aids (ECU):
    — Spain                                      15,513         15,711       15,959         15,987      14,755            15,033
    — Portugal                                   24,593         24,791       25,039         25,067      23,835            24,113
    — Other Member States                        15,513         15,711       15,959         15,987      14,755            15,033
2. Final aids :
    Seed harvested and processed in :
    —  Federal Republic of Germany (DM)          36,52          36,99        37,57          37,64       34,74            35,39
    —  Netherlands (Fl)                          41,15          41,67        42,33          42,41       39,14            39,88
    —  BLEU (Bfrs/Lfrs)                         753,25         762,87       774,91         776,27      716,45           729,95
    —  France (FF)                              122,48         124,05       126,01         126,23      116,50           118,70
    —  Denmark (Dkr)                            139,31         141,08       143,31         143,56      132,50           134,99
    —  Ireland (£ Irl)                           13,632         13,806       14,024         14,049      12,966            13,211
    —  United Kingdom (£)                        12,179         12,336       12,533         12,553      11,558            11,780
    —  Italy (Lit)                          27 325         27 674       28 111         28 160      25 990           26 445
    —  Greece (Dr)                            3 758,06      3 792,18      3 818,90       3 785,01    3 451,18         3 393,00
    —  Spain (Pta)                            2 390,80      2 420,81      2 458,19       2 459,48    2 278,21         2 306,17
    —  Portugal (Esc)                         5 210,63      5 252,20      5 303,91       5 305,58    5 056,13         5 088,64
                                                            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
                                                 11             12            1              2           3                 4
1 . Gross aids (ECU) :
    — Spain                                      16,763         16,961       17,209         17,237      16,005            16,283
    — Portugal                                   25,843         26,041       26,289         26,317      25,085           25,363
    — Other Member States                        16,763         16,961       17,209         17,237      16,005            16,283
2. Final aids :
    Seed harvested and processed in :
    —  Federal Republic of Germany (DM)          39,46          39,93        40,51          40,58       37,68            38,33
    —  Netherlands (Fl)                          44,46          44,99        45,65          45,72       42,45            43,19
    —  BLEU (Bfrs/Lfrs)                         813,95         823,56       835,61         836,96      777,14           790,64
    —  France (FF)                              132,35         133,92       135,88         136,10      126,37           128,56
    —  Denmark (Dkr)                            150,53         15231        154,53         154,79      143,72           146,22
    —  Ireland (£ Irl)                           14,731         14,905       15,123         15,147      14,065            14,309
    —  United Kingdom (£)                        13,173         13,330       13,528         13,548      12,552           12,774
    —  Italy (Lit)                          29 527         29 876       30 313         30 362      28 192           28 647
    —  Greece (Dr)                           4 073,22       4 107,33      4 134,05      4 100,16    3 766,33          3 708,15
   .—  Spain (Pta)                            2 579,33      2 609,34      2 646,73      2 648,01    2 466,75          2 494,70
    —  Portugal (Esc)                         5 471,48      5 513,04      5 564,76      5 566,43    5 316,98          5 349,49
 ---pagebreak---   1 . 11 . 91                                      Official Journal of the European Communities                                          No L 303/39
                                                                          ANNEX III
                                                                  Aids to sunflower seed
                                                                                                                                     (amounts per 100 kg)
                                                          Current              1st period         2nd period         3rd period           4th period
                                                            11                     12                  1                  2                    3
  1 . Gross aids (ECU):
      — Spain                                               25,665                 26,115             26,446             27,125               26,437
      — Portugal                                            32,558                 33,305             33,636             34,309               33,640
      — Other Member States                                 14,428                 14,875             15,206              15,879               15,210
  2. Final aids :
      (a) Seed harvested and processed in (') :
          — Federal Republic of Germany
              (DM)                                          33,97                  35,02              35,80              37,38                35,81
          — Netherlands (Fl)                                38,27                  39,46              40,33              42,12                40,35
          — BLEU (Bfrs/Lfrs)                               700,57                 722,27             738,35             771,03               738,54
          — France (FF)                                    113,92                 117,45             120,06             125,37               120,09
          — Denmark (Dkr)                                  129,56                 133,58             136,55             142,59               136,58
          — Ireland (£ Irl)                                 12,679                 13,072             13,363             13,954                13,366
          — United Kingdom (£)                              11,270                 11,627             11,891             12,430                11,888
          — Italy (Lit)                                 25 414                26 202              26 785            27 970               26 792
          — Greece (Dr)                                  3 440,59              3 535,31            3 573,66           3 701,64             3 517,90
          — Portugal (Esc)                               6 953,04              7 045,44            7114,27            7 246,33             7 111,69
      (b) Seed    harvested   in   Spain    and
          processed :
          — in Spain (Pta)                               3 933,18              4 000,39            4 050,17           4 147,10             4 046,40
          — in another Member State (Pta)                4 001,42              4 068,31            4118,09            4 214,19             4 116,24
  (') For seed harvested in Member States other than Spain and processed in Spain, the amounts shown in 2 (a) to be multiplied by 1,0186140.
                                                                          ANNEX IV
                   Exchange rate of the ecu to be used for converting final aids into die currency of die processing
                                 country when the latter is a country other than die country of production
                                                                                                                                        (value of ECU 1)
\                                               Current
                                                   11
                                                                  1st period
                                                                       12
                                                                                      2nd period
                                                                                           1
                                                                                                       3rd period
                                                                                                            2
                                                                                                                        4th period
                                                                                                                             3
                                                                                                                                           5th period
                                                                                                                                                4
  DM                                             2,047450            2,046450            2,045570         2,044990         2,044990           2,042880
  Fl                                             2,306790            2,305680            2,304520         2,303720         2,303720           2,301330
  Bfrs/Lfrs                                    42,134700           42,114700            42,091800        42,069000       42,069000           42,013200
  FF                                             6,988970            6,984370            6,979980         6,975830         6,975830           6,965160
  Dkr                                            7,930120            7,926340            7,923230         7,917930         7,917930           7,909640
  £Irl                                           0,765812            0,765590            0,765144         0,765143         0,765143           0,763674
  £                                              0,703410            0,703814            0,704168         0,704253         0,704253           0,704516
  Lit                                      1 529,97            1 531,48             1 533,15         1 534,72         1 534,72           1 539,41
  Dr                                         228,86600            230,91700           233,03400        235,25200        235,25200          242,11800
  Esc                                        176,03700            176,42700           176,82300         177,23100       177,23100          178,57800
  Pta                                        128,81200            129,13000            129,41100        129,65600       129,65600          130,35100