CELEX: 31975R1322
Language: en
Date: 1975-05-24 00:00:00
Title: Regulation (EEC) No 1322/75 of the Commission of 23 May 1975 fixing the amount of the subsidy on oil seeds

24. 5 . 75                                 Official Journal of the European Communities                         No L 133/ 55
                             REGULATION (EEC) No 1322/75 OF THE COMMISSION
                                                           of 23 May 1975
                                       fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN                                        mining world market prices for oil seeds and fixed the
COMMUNITIES,                                                          frontier crossing point, fixed at Rotterdam ;
Having regard to the Treaty establishing the European                Whereas Article 1 of that Regulation provides that
Economic Community ;                                                 when the world market price is being determined
                                                                     account should be taken of all offers on the world
                                                                      market known to the Commission and of quotations
Having regard to Council Regulation No 136/                          on those exchanges which are significant for interna­
                                                                      tional trade ; whereas Article 2 of Commission Regula­
66/EEC ( 1) of 22 September 1966 on the establish­
                                                                      tion No 225/67/ EEC (6) of 28 June 1967 on detailed
ment of a common organization of the market in oils
and fats, as last amended by Regulation (EEC) No                      rules for determining the world market price for oil
 1707/73 (2), and in particular Article 27 (4) thereof ;              seeds, as last amended by the Act (7) annexed to the
                                                                     Treaty (8) on the accession of new Member States to
                                                                      the European Economic Community and the Euro­
                                                                      pean Atomic Energy Community, signed at Brussels
Having regard to the Opinion of the Monetary                          on 22 January 1972, provides that offers and quota­
Committee ;
                                                                      tions which do not relate to shipments to be effected
                                                                     within 30 days following the date on which the world
                                                                      market price is determined should be disregarded ;
Whereas Article 27 of Regulation No 136/66/ EEC                      whereas offers and quotations which the Commission
provides that a subsidy should be granted in respect of               believes, in view of general price movements or infor­
oil seeds harvested and processed within the Commu­                   mation available to it, not to be representative of the
nity when the target price for a species of seed is                   real trend of the market must also be disregarded ;
higher than the price on the world market ; whereas                  whereas offers and quotations relating to quantities of
these provisions apply only in respect of colza, rape                 less than 500 metric tons and offers relating to seed of
and sunflower seeds ;
                                                                      a quality other than that normally acceptable on the
                                                                     world market must also be disregarded ;
Whereas the subsidy on oil seeds should, theoretically,
be equal to the difference between those two prices ;                Whereas Article 3 of Regulation No 225/67/EEC
                                                                      provides that of the offers and quotations taken into
                                                                      consideration, those for delivery c and f should be
Whereas the target price for each species of seed was                 increased by 0-2 % ; whereas offers and quotations for
fixed by Council Regulation (EEC) No 11 22/74 (3) of                  delivery fas, fob or otherwise should be increased, as
29 April 1974 fixing target and basic intervention                    appropriate, by loading, transport and insurance costs
prices for oil seeds for the 1974/75 marketing year, as               from the point of shipment or loading to the frontier
amended by Regulation (EEC) No 2496/74 (4) ;                          crossing point ; whereas cif offers and quotations for
                                                                      frontier crossing points other than Rotterdam should
                                                                      be adjusted to allow for the difference in transport
Whereas Article 29 of Regulation No 136/66/EEC                        costs as compared with a product delivered cif
provides that the world market price, calculated for a                Rotterdam ; whereas the Commission should take
Community frontier crossing point, is to be deter­                    account only of the loading, transport and insurance
mined on the basis of the most favourable purchasing                 costs which to its knowledge are the lowest ; whereas,
opportunities, quotations being adjusted where neces­                 finally, offers and quotations for delivery cif
sary to take account of quotations for competing                      Rotterdam should be increased by 0-20 unit of
products ;                                                            account ;
Whereas Article 4 of Council Regulation No 1 1 5/                    Whereas Article 5 of Regulation No 115/67/ EEC
67/ EEC (5) of 6 June 1967 laid down criteria for deter­              provides that the world market price should be deter­
                                                                      mined for seed of the standard quality for which the
(!)  OJ No  172, 30 . 9 . 1966, p.  3025/ 66 .                       target price has been fixed, delivered in bulk ;
(2)  OJ No L 175, 29 . 6 . 1973,    p. 5.
(J)  OJ No L 128 , 10 . 5 . 1974,   p. 8 .                           (6) OJ No 136, 30 . 6. 1967, p . 2919/67.
(4)  OJ No L 268 , 3 . 10 . 1974,   p. 1 .                           (7) OJ No L 73 , 27 . 3 . 1972, p. 14 .
(5 ) OJ No 111 , 10 . 6 . 1967, p . 2196/67 .                        (8) OJ No L 73 , 27 . 3 . 1972, p. 5 .
 ---pagebreak---  No L 133/ 56                     Official Journal of the European Communities                              24. 5 . 75
Whereas Article 3 of Regulation No 225/67/EEC                — the difference between the price of 100 kg of
provides that offers and quotations relating to                   colza, rape or sunflower seeds, plus processing
products presented otherwise than in bulk should be               costs, and the total of the prices of the quantities
adjusted by deducting the additional value resulting              of oil and oil cake resulting from the processing of
from that presentation ; whereas offers and quotations            the type of seed in question, and
relating to a quality other than the standard quality
for which the target price was fixed should be adjusted      — the difference between the price of 100 kg of one
on the basis of the coefficients of equivalence shown             or more other seeds, plus processing costs, and the
in the Annex to that Regulation ; whereas, in the case            total of the prices of the quantities of oil and oil
of offers on the world market for qualities of colza              cake resulting from the processing of these seeds ;
and rape seed other than those listed in that Annex,
coefficients of equivalence derived from those listed        Whereas the factors to be taken into consideration for
in that Annex may, pursuant to Article 4 of Regula­          the purpose of determining that margin are defined in
tion No 225/67/EEC, be applied ; whereas, when               Article 8 of Regulation No 225/67/EEC ; whereas no
derived coefficients are being calculated, account must      adjustment should be made where the margin is ,
be taken of the differences between prices for the qual­     found to be less than 0-50 unit of account ; whereas
ities of seed in question and prices for the qualities       Article 6 (2) of Regulation No 115/67/EEC provides
listed in that Annex, and of the characteristics of these
                                                             that, when the amount of the adjustment is being
various seeds ;                                              determined, account should be taken of the incidence
                                                             of the margin in question on marketing operations of
                                                             Community traders and on the disposal of the various
                                                             types of seed on the world market ;
Whereas Article 2 of Regulation No 115/67/EEC
provides that, where no offer or quotation can be used
as a basis for determining the world market price, that      Whereas Council Regulation (EEC) No 2114/71 ( !) of
price should be determined on the basis of the value         28 September 1971 on the subsidy for oil seeds, as
of the average quantities of oil and oil cake resulting      amended by Regulation (EEC) No 2730/71 (2), laid
frbm the processing of 100 kg of seed within the             down rules for granting the subsidy on oil seeds ;
Community less an amount corresponding to the cost           whereas under that Regulation, where the subsidy to
of processing these seeds into oil and oil cake ;            be granted is fixed in advance, the amount of such
whereas the quantities and costs to be taken into            subsidy must be equal to the amount applicable on
consideration for the purposes of the ' calculation are      the day on which the application for advance fixing
fixed in Article 5 of Regulation No 225/67/EEC ;            was lodged, adjusted by the difference between the
whereas the value of those quantities should be deter­       target price valid on that day and the target price valid
mined in accordance with the provisions of Article 6         on the day on which the seeds are placed under
of that Regulation ;                                         control at an oil mill and, where appropriate, a correc­
                                                             tive amount ; whereas Article 36 of Commission Regu­
                                                             lation (EEC) No 1 204/72 (3) of 7 June 1972 laying
                                                             down detailed rules for the application of the subsidy
Whereas Article 3 of Regulation No 115/67/ EEC              system for oil seeds,, as last amended by Regulation
provides that, where no offer or quotation can be used      (EEC) No 1 280/75 (4), provides that such adjustment
as a basis for determining the world market price and       should involve increasing or reducing the amount of
where it is, moreover, impossible to establish the value    subsidy applicable on the day on which the applica­
of th£ oil or oil cake processed from such seed, the        tion was lodged by the difference between the target
world market price should be determined on the basis        price valid during the month during which the seeds
of the most recent known value for oil or oil cake,         were placed under control at an oil mill and the target
adjusted to take account of the trend of world prices       price valid on the day on which the application was
for competing products by applying to that value the        lodged ;
rules set out in Article 2 of Regulation No 115/
67/EEC ; whereas Article 7 of Regulation No 225/
67/EEC defines competing products as those oils or          Whereas Article 38 of Regulation (EEC) No 1204/72
oil cakes, as the case may be, which appear to have         provides that the corrective amount must be equal to
been offered in the largest quantities on the world         the difference between the world market price for
market during the period under consideration ;              colza, rape and sunflower seeds and the forward price
                                                            for those seeds valid for a shipment effected during
                                                            the month in which the seeds were placed under
                                                            control at an oil mill, those prices being determined
Whereas Article 6 ( 1 ) of Regulation No 115/67/ EEC        in accordance with Articles 1 , 4 and 5 of Regulation
provides that, when the world market price of a type
of seed is being determined, the price used should be       (') OJ No L 222, 2. 10. 1971 , p. 2.
                                                            (2 ) OJ No L 282, 23 . 12. 1971 , p. 18 .
adjusted by an amount not exceeding the margin              (3) OJ No L 133 , 10 . 6 . 1972, p. 1 .
between :                                                   (4) OJ No L 131 , 22. 5. 1975, p. 14.
 ---pagebreak--- 24. 5. 75                          Official Journal of the European Communities                        No L 133/ 57
115/67/EEC ; whereas, if no offer and no price can be          only temporarily on the basis of the monthly
used for such determination, the method of calcula­            increases for September and October 1974 ; whereas
tion provided for in Article 38 of Regulation (EEC)            these amounts may, therefore, be applied on a
No 1204/72 should be used ; whereas the abovemen­              temporary basis and should be confirmed or replaced
tioned difference may be adjusted pursuant to Article          when these increases are known ;
39 of Regulation (EEC) No 1204/72, account being
taken of prices for soya seeds on the world market ;           Whereas it follows from applying all these provisions
                                                               to the offers and quotations known to the Commis­
Whereas the subsidy should be fixed whenever the               sion that the subsidy on colza, rape and sunflower
market situation makes it necessary and in such a way          seeds should be fixed as shown in the table annexed
as to ensure its being applied at least once a week ;          to this Regulation,
whereas the subsidy may be altered whenever it
becomes obvious that such alteration is necessary ;
                                                               HAS ADOPTED THIS REGULATION :
Whereas, if the subsidy system is to operate normally,
subsidies should be calculated on the following basis :                               Article 1
— in the case of currencies which are maintained in
    relation to each other, at any given moment,               1 . The amount of the subsidy referred to in Article
    within a band of 2-25 % , a rate of exchange based         27 of Regulation No 136/66/EEC is hereby fixed as
    on their effective parity ;                                shown in the table annexed to this Regulation .
— for other currencies an exchange rate based on the           2. The amounts of the subsidy for the months of
    arithmetic mean of the spot market rates of each           September and October 1975 will, however, as for
    of these currencies recorded for a given period, in        colza and rape seed, be confirmed or replaced as from
    relation to the Community currencies referred to           26 May 1975 to take into account the amounts of the
    in the previous subparagraph ;                             monthly increases for the months of September and
                                                               October 1975 .
Whereas     in ' the absence   of the amounts    of the
monthly increases for September and October 1975                                      Article 2
for colza and rape seed in cases of pre-fixation for the
months of September and October 1975 the amounts               This Regulation shall enter into force on 26 May
of subsidy on these products have been obtainable               1975 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 23 May 1975 .
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                     Member of the Commission
 ---pagebreak--- No L 133/ 58                      Official Journal of the European Communities                           24. 5. 75
                                                      ANNEX
           to the Commission Regulation of 23 May 1975 fixing the amount of the subsidy on oil
                                                        seeds
           Subsidy applicable from 26 May 1975 to colza and rape seeds (CCT heading No ex 12.01 ) and
                                sunflower seeds (CCT heading No ex 12.01 ) (u.a./ 100 kg)
                                                                 Colza and rape seed      Sunflower seed
           Subsidy                                                       3-918                 2-362
           Subsidy in the case of advance fixing :
           —  for the month   of May 1975                                3-918                 2-362
           —  for the month   of June 1975                               3-918                 2-362
           —  for the month   of July 1975                               4-838                 2-331
           —  for the month   of August 1975                             4-911                 2-637
           —  for the month   of September 1975                          5-141
           — for the month of October 1975                               5-804