CELEX: 31973R1446
Language: en
Date: 1973-05-31 00:00:00
Title: Regulation (EEC) No 1446/73 of the Commission of 30 May 1973 fixing the amount of the subsidy on oil seeds

31 . 5 . 73                               Official Journal of the European Communities                            No L 144/55
                                REGULATION (EEC) No 1446/73 OF THE COMMISSION
                                                           of 30 May 1973
                                             fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN                                         account should be taken of all offers on the world
COMMUNITIES,                                                           market known to the Commission and of quotations
                                                                       on those exchanges which are significant for inter­
Having regard to the Treaty establishing the Euro­                     national trade ; whereas Article 2 of Commission
pean Economic Community ;                                              Regulation No 225 /67/EEC (6) of 28 June 1967 on
                                                                       detailed rules for determining the world market price
Having regard to Council Regulation No 136/66/                         for oil seeds, as last amended by the Act annexed
EEC ( 1) of 22 September 1966 on the establishment                     to the Treaty on the Accession of new Member States
of a common organization of the market in oils and                     to the European Economic Comunity and the
fats, as last amended by the Act (2) annexed to the                    European Atomic Energy Community, signed at
Treaty (3) on the Accession of new Member States to                    Brussels on 22 January 1972, provides that offers and
the European Economic Community and the Euro­                          quotations which do not relate to shipments to be
pean Atomic Energy Community, signed at Brussels                       effected within 30 days following the date on which
on 22 January 1972, and in particular Article 27 (4)                   the world market price is determined should be disre­
thereof ;                                                              garded ; whereas offers and quotations which the
                                                                       Commission believes, in view of general price move­
Having regard to the Opinion of the Monetary                           ments or information available to it, not to be repre­
Committee ;                                                            sentative of the real trend of the market must also
                                                                       be disregarded ; whereas offers and quotations relat­
Whereas Article 27 of Regulation No 136/66/EEC
                                                                       ing to quantities of less than 500 metric tons and of­
provides that a subsidy should be granted in respect
of oil seeds harvested and processed within the Com­                   fers relating to seed of a quality other than that nor­
                                                                       mally acceptable on the world market must also be
munity when the target price for a species of seed is
higher than the price on the world market ; whereas                    disregarded ;
these provisions apply only in respect of colza, rape
and sunflower seeds ;                                                  Whereas Article 3 of Regulation No 225/67/EEC pro­
                                                                       vides that of the offers and quotations taken into
Whereas the subsidy on oil seeds should, theoreti­                     consideration, those for delivery c and f should be
cally, be equal to the difference between those two                    increased by 0-2 °/o ; whereas offers and quotations
prices ;                                                               for delivery fas, fob or otherwise should be in­
                                                                       creased, as appropriate, by loading, transport and
Whereas the target price for each species of seed was                  insurance costs from the point of shipment or load­
fixed by Council Regulation (EEC) No 1360/73 (4)                       ing to the frontier crossing point ; whereas cif offers
of 15 May 1973 fixing target and basic intervention                    and quotations for frontier crossing points other
prices for oil seeds for the 1973 /74 marketing year ;                 than Rotterdam should be adjusted to allow for the
                                                                       difference in transport costs as compared with a pro­
Whereas Article 29 of Regulation No 136/66/EEC                         duct delivered cif Rotterdam ; whereas the Commis­
provides that the world market price, calculated for                   sion should take account only of the loading, trans­
a Community frontier crossing point, is to be deter­                   port and insurance costs which to its knowledge are
mined on the basis of the most favourable purchas­                     the lowest ; whereas, finally, offers and quotations
ing opportunities, quotations being adjusted where                     for delivery cif Rotterdam should be increased by
necessary to take account of quotations for compet­                    0-20 unit of account ;
ing products ;
Whereas Article 4 of Council Regulation No 115/67/                     Whereas Article 5 of Regulation No 115/67/EEC pro­
EEC (5) of 6 June 1967 laying down criteria for de­                    vides that the world market price should be deter­
 termining world market prices for oil seeds and fix­                   mined for seed of the standard quality for which the
ing the frontier crossing point, fixed at Rotterdam ;                  target price has been fixed, delivered in bulk ;
Whereas Article 1 of that Regulation provides that                     Whereas Article 3 of Regulation No 225/67/EEC pro­
when the world market price is being determined                        vides that offers and quotations relating to products
                                                                       presented otherwise than in bulk should be ad­
                                                                       justed by deducting the additional value resulting
(*)  OJ  No 172, 30. 9. 1966, p. 3025/66.
 (l) OJ  No L 73, 27. 3. 1972, p. 14.
(•)  OJ  No  L 73, 27. 3 . 1972, p. 5 .
 (4) OJ  No  L 141 , 28 . 5 . 1973 , p. 33 .
 (®) OJ  No  111, 10. 6. 1967, p. 2196/67.                             (8) OJ No 136, 30. 6. 1967, p. 2919/67.
 ---pagebreak---    No L 144/56                       Official Journal of the European Communities                              31 . 5 . 73
  from that presentation ; whereas offers and quota­                of oil and oil cake resulting from the processing
  tions relating to a quality other than the standard               of the type of seed in question, and
  quality for which the target price was fixed should
  be adjusted on the basis of the coefficients of equi­         — the difference between the price of 100 kg of one
  valence shown in the Annex to that Regulation ;                   or more other seeds, plus processing costs, and
  whereas, in the case of offers on the world market                the total of the prices of the quantities of oil and
  for qualities of colza and rape seed other than those             oil cake resulting from the processing of these
  listed in that Annex, coefficients of equivalence de­             seeds ;
 rived from those listed in that Annex may, pursuant
 to Article 4 of Regulation No 225/67/EEC, be ap­               Whereas the factors to be taken into consideration
 plied ; whereas, when derived coefficients are being           for the purpose of determining that margin are de­
 calculated, account must be taken of the differences           fined in Article 8 of Regulation No 225/67/EEC ;
 between prices for the qualities of seed in question           whereas no adjustment should be made where the
  and prices for the qualities listed in that Annex, and        margin is found to be less than 0-50 unit of ac­
  of the characteristics of these various seeds ;               count; whereas Article 6 (2) of Regulation No 115/
                                                                 67/EEC provides that, when the amount of the adjust­
                                                                ment is being determined, account should be taken
  Whereas Article 2 of Regulation No 115/67/EEC pro­            of the incidence of the margin in question on market­
 vides that, where no offer or quotation can be used            ing operations of Community traders and on the dis­
 as a basis for determining the world market price,             posal of the various types of seed on the world mar­
 that price should be determined on the basis of the            ket ;
 value of the average quantities of oil and oil cake
 resulting from the processing of 100 kg of seed                Whereas Council Regulation (EEC) No 2114/71 (*)
 within the Community less an amount correspond­                of 28 September 1971 on the subsidy for oil seeds,
 ing to the cost of processing these seeds into oil and         as amended by Regulation (EEC) No 2730/71 (2),
 oil cake ; whereas the quantities and costs to be              laid down rules for granting the subsidy on oil
 taken into consideration for the purposes of the cal­          seeds ; whereas under that Regulation, where the
 culation are fixed in Article 5 of Regulation No 225/          subsidy to be granted is fixed in advance, the
 67/EEC ; whereas the value of those quantities                 amount of such subsidy must be equal to the
 should be determined in accordance with the provi­             amount applicable on the day on which the applica­
 sions of Article 6 of that Regulation ;                        tion for advance fixing was lodged, adjusted by the
                                                                difference between the target price valid on that day
                                                               and the target price valid on the day on which the
 Whereas Article 3 of Regulation No 115/67/EEC pro­            seeds are placed under control at an oil mill and,
 vides that, where no offer or quotation can be used           where appropriate, a corrective amount ; whereas
 as a basis for determining the world market price              Article 36 of Commission Regulation (EEC) No
 and where it is, moreover, impossible to establish             1204/72 (3) of 7 June 1972 laying down detailed
 the value of the oil or oil cake processed from such          rules for the application of the subsidy system for
seed, the world market price should be determined              oil seeds, as last amended by Regulation ( EEC) No
on the basis of the most recent known value for oil            688 /73 ( 4), provides that such adjustment should
or oil cake, adjusted to take account of the trend of          involve increasing or reducing the amount of subsidy
world prices for competing products by applying to             applicable on the day on which the application was
that value the rules set out in Article 2 of Regulation        lodged by the difference between the target price
 No 115/67/EEC ; whereas Article 7 of Regulation No            valid during the month during which the seeds were
225/67/EEC defines competing products as those                placed under control at an oil mill and the target
oils or oil cakes, as the case may be, which appear           price valid on the day on which the application was
to have been offered in the largest quantities on the          lodged ;
world market during the period under considera­
tion ;
                                                              Whereas Article 38 of Regulation (EEC) No 1204/72
                                                              provides that the corrective amount must be equal
                                                              to the difference between the world market price for
Whereas Article 6 ( 1 ) of Regulation No 115/67/EEC            colza, rape and sunflower seeds and the forward
provides that, when the world market price of a               price for those seeds valid for a shipment effected
type of seed is being determined, the price used              during the month in which the seeds were placed
should be adjusted by an amount not exceeding the             under control at an oil mill, those prices being deter­
margin between :
                                                              mined in accordance with Articles 1 , 4 and 5 of Reg­
— the difference between the price of 100 kg of               (*)  OJ  No   L 222, 2 . 10. 1971 , p. 2 .
      colza, rape or sunflower seeds, plus processing         (2)  OJ  No   L 282, 23 . 12 . 1971 , p. 18 .
                                                              (3)  OJ  No   L 133 , 10. 6. 1972, p. 1 .
      costs, and the total of the prices of the quantities     (4) OJ  No   L 66, 13 . 3 . 1973 , p. 20 .
 ---pagebreak---   31 . 5 . 73                       Official Journal of the European Communities                         No L 144/57
  ulation 115/67/EEC ; whereas, if no offer and no              for colza and rape seed, the amount of the subsidy
  price can be used for such determination, the                in the case of advance fixing for the months of Sep­
  method of calculation provided for in Article 38 of          tember, October and November 1973 for these pro­
  Regulation (EEC) No 1204/72 should be used ,                  ducts can only be calculated provisionally on the
  whereas the abovementioned difference         may   be       basis of the monthly increase for September, October
  adjusted pursuant to Article 39 of Regulation (EEC)          and November 1972, whereas this amount may there­
  No 1204/72, account being taken of prices for soya           fore, only be applied on a temporary basis and must
  seeds on the world market ;                                  be confirmed or replaced when the monthly increase
                                                               for September, October and November 1973 is
                                                               known .
 Whereas the subsidy should be fixed whenever the
 market situation makes it necessary and in such a             Whereas it follows from applying all these provi­
 way as to ensure its being applied at least once a            sions to the offers and quotations known to the
week ;                                                         Commission that the subsidy on colza, rape and sun­
                                                               flower seeds should be fixed as shown in the Table
Whereas Article 34 of Regulation (EEC) No 1204/72              annexed to this Regulation ;
provides that the subsidy fixed previously should be
retained if the variation in the factors used to calcu­         HAS ADOPTED THIS REGULATION :
 late it entails an increase or reduction in that sub­
                                                                                      Article 1
 sidy of less than OTO unit of account ; whereas the
subsidy may be altered whenever it becomes obvious              1.    The amount of the subsidy referred to in Article
that such alteration is necessary ;                            27 of Regulation No 136/66/EEC is hereby fixed as
                                                               shown in the Table annexed to this Regulation .
Whereas, if the subsidy system is to operate normally,
the subsidy should be calculated on the basis of an           2.      That amount of the subsidy in the case of ad­
exchange rate which is based, in the case of currencies       vance fixing for the months of September, October
which are floating or whose central rate differs from           and November 1973 for colza and rape seed will ,
the official parity, on the effective rate or the             however, be confirmed or replaced as from 1 June
central rate of these currencies and, in the case of           1973 to take into account the monthly increase for
the US dollar, on the change in parity announced               September, October and November 1973 .
on 13 February 1973 ;
                                                                                     Article 2
Whereas in the absence of the amount of the monthly            This Regulation shall enter into force on 1 June
increase for September, October and November 1973              1973 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 30 May 1973 .
                                                                        For the Commission
                                                                           P.J. LARDINOIS
                                                                    Member of the Commission
 ---pagebreak--- No L 144/58                         Official Journal of the European Communities                         31 . 5 . 73
                                                        ANNEX
            to the Commission Regulation of 30 May 1973 fixing the amount of the subsidy on oil seeds
            Subsidy applicable from 1 June 1973 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                                                         3·377              0·428
            Subsidy in the case of advance fixing :
           — for the month of June                                          3·377              0·428
            — for the month of July                                         2·146              0·404
            — for the month of August                                       2·394              0·335
            — for the month of September                                    2·837                0
           — for the month of October                                       3·114
           — for the month of November                                      3·308