CELEX: 31976R0925
Language: en
Date: 1976-04-23 00:00:00
Title: Commission Regulation (EEC) No 925/76 of 22 April 1976 fixing the amount of the subsidy on oil seeds

No L 106/ 18                            Official Journal of the European Communities                              23 . 4. 76
                                    COMMISSION REGULATION (EEC) No 925/76
                                                       of 22 April 1976
                                      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 at Rotterdam ;
Having regard to the Treaty establishing the European
Economic Community,                                                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
Having regard to Council Regulation , No 136/                      market known to the Commission and of quotations
66/EEC of 22 September 1966 on the establishment                   on those exchanges which are significant for interna­
of a common organization of the market in oils and                 tional trade ; whereas Article 2 of Commission Regula­
fats (1), as last amended by Regulation (EEC) No                   tion No 225/67/EEC of 28 June 1967 on detailed
1707/73 (2), and in particular Article 27 (4) thereof,             rules for determining the world market price for oil
                                                                   seeds (6), as last amended by Regulation (EEC) No
                                                                   335/76 (7), provides that offers and quotations which
Having regard to the opinion of the Monetary                       do not relate to shipments to be effected within 30
Committee,                                                         days following the date on which the world market
                                                                   price is determined should be disregarded ; whereas
                                                                   offers and quotations which the Commission believes,
Whereas Article 27 of Regulation No 136/66/EEC                     in view of general price movements or information
provides that a subsidy should be granted in respect of            available to it, not to be representative of the real
oil seeds harvested and processed within the Commu­                trend of the market must also be disregarded ; whereas
nity when the target price for a species of seed is                offers and quotations relating to quantities of less than
higher than the price on the world market ; whereas                500 metric tons and offers relating to seed of a quality
these provisions apply only in respect of colza, rape              other than that normally acceptable on the world
and sunflower seeds ;                                              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
                                                                   increased by 0-2 % ; whereas offers and quotations for
Whereas the target price for each species of seed was
                                                                   delivery fas, fob or otherwise should be increased, as
fixed by Council Regulation (EEC) No 657/75 of 4
                                                                   appropriate, by loading, transport and insurance costs
March 1975 fixing target and basic intervention prices
                                                                   from the point of shipment or loading to the frontier
for oil seeds for the 1975/76 marketing year (3), as
amended by Regulation (EEC) No 2505/75 (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
                                                                   costs as compared with a product delivered cif
Whereas Article 29 of Regulation No 136/66/EEC                     Rotterdam ; whereas the Commission should take
provides that the world market price, calculated for a             account only of the loading, transport and insurance
Community frontier crossing point, is to be deter­                 costs which to its knowledge are the lowest ; whereas,
mined on the basis of the most favourable purchasing                finally, offers and quotations for delivery cif
opportunities, quotations being adjusted where neces­              Rotterdam should be increased by 0-20 unit of
sary to take account of quotations for competing                    account ;
 products ;
Whereas Article 4 of Council Regulation No 1 1 5/                  Whereas Article 5 of Regulation No 115/67/EEC
 67/EEC of 6 June 1967 (5) 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.
 (3 ) OJ No L 72, 20 . 3 . 1975, p. 3 .
 («)  OJ No L 256, 2. 10 . 1975, p. 1 .                             (6) OJ No 136, 30 . 6. 1967, p. 2919/ 67.
 (5)  OJ No  111 , 10. 6. 1967, p. 2196/67.                         (7) OJ No L 42, 18 . 2. 1976, p. 7.
 ---pagebreak--- 23 . 4. 76                        Official Journal of the European Communities                           No L 106/ 19
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
tion No 225/67/EEC, be applied ; whereas, when               the purpose of determining that margin are defined in
derived coefficients are being calculated, account must     Article 8 of Regulation No 225/ 67/ EEC ; whereas no
be taken of the differences between prices for the qual­     adjustment should be made where the margin is
ities of seed in question and prices for the qualities       found to be less than 0-50 unit of account ; whereas
listed in that Annex, and of the characteristics of these   Article 6 (2) of Regulation No 1 1 5/67/EEC provides
various seeds ;                                              that, when the amount of the adjustment is being
                                                             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
Whereas Article 2 of Regulation No 115/67/EEC                types of seed on the world market ;
provides that, where no offer or quotation can be used
as a basis for determining the world market price, that
price should be determined on the basis of the value         Whereas Council Regulation (EEC) No 2114/71 of 28
of the average quantities of oil and oil cake resulting      September 1971 on the subsidy for oil seeds ('), as
from the processing of 100 kg of seed within the             amended by Regulation (EEC) No 2730/71 (2), laid
Community less an amount corresponding to the cost           down rules for granting the subsidy on oil seeds ;
of processing these seeds into oil and oil cake ;            whereas under that Regulation, where the subsidy to
whereas the quantities and costs to be taken into            be granted is fixed in advance, the amount of such
consideration for the purposes of the calculation are        subsidy must be equal to the amount applicable on
fixed in Article 5 of Regulation No 225/ 67/ EEC ;           the day on which the application for advance fixing
whereas the value of those quantities should be deter­       was lodged, adjusted by the difference between the
mined in accordance with the provisions of Article 6         target price valid on that day and the target price valid
of that Regulation ;                                         on the day on which the seeds are placed under
                                                             control at an oil mill and, where appropriate, a correc­
                                                             tive amount ; whereas Article 36 of Commission Regu­
                                                             lation (EEC) No 1204/72 of 7 June 1972 laying down
Whereas Article 3 of Regulation No 1 1 5/67/EEC              detailed rules for the application of the subsidy system
provides that, where no offer or quotation can be used       for oil seeds (3), as last amended by Regulation (EEC)
as a basis for determining the world market price and        No 676/76 (4), provides that such adjustment should
where it is, moreover, impossible to establish the value     involve increasing or reducing the amount cf subsidy
of the oil or oil cake processed from such seed, the         applicable on the day on which the application was
world market price should be determined on the basis         lodged by the difference between the target price valid
of the most recent known value for oil or oil cake ,         during the month during which the seeds were placed
adjusted to take account of the trend of world prices        under control at an oil mill and the target price valid
for competing products by applying to that value the         on the day on which the application was 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
                                                             (')  OJ  No  L 222, 2 . 10 . 1971 , p. 2 .
of seed is being determined, the price used should be        (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 81 , 27 . 3 . 1976, p. 22.
 ---pagebreak--- No L 106/20                       Official Journal of the European Communities                           23 . 4. 76
115/67/EEC ; whereas, if no offer and no price can be       Whereas the target price and the monthly increases in
used for such determination, the method of calcula­          the target price for oil seeds for the 1976/77
tion provided for in Article 38 of Regulation (EEC)          marketing year were fixed by Regulations (EEC) No
No 1204/72 should be used ; whereas the abovemen­            812/76 (1), and (EEC) No 833/76 (2) ;
tioned difference may be adjusted pursuant to Article
39 of Regulation (EEC) No 1204/72, account being             Whereas it follows from applying all these provisions
taken of prices for soya seeds on the world market ;         to the offers and quotations known to the Commis­
                                                             sion that the subsidy on colza, rape and sunflower
Whereas the subsidy should be fixed whenever the             seeds should be fixed as shown in the table annexed
market situation makes it necessary and in such a way        to this Regulation,
as to ensure its being applied at least once a week ;
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,             The amount of the subsidy referred to in Article 27 of
    within a band of 2-25 % , a rate of exchange based       Regulation No 136/66/ EEC is hereby fixed as shown
    on their effective parity ;                              in the table annexed to this Regulation .
— for other currencies an exchange rate based on the
    arithmetic mean of the spot market rates of each                                  Article 2
    of these currencies recorded for a given period, in
    relation to the Community currencies referred to         This Regulation shall enter into force on 23 April
    in the previous subparagraph ;                            1976 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 22 April 1976.
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                    Member of the Commission
                                                              (<) OJ No L 94, 9 . 4. 1976, p. 2.
                                                              (2) OJ No L 100, 14. 4. 1976, p. 12.
 ---pagebreak--- 23 . 4. 76                        Official Journal of the European Communities                           No L 106/21
                                                      ANNEX
           to the Commission Regulation of 22 April 1976 fixing the amount of the subsidy on oil
                                                        seeds
           Subsidy applicable from 23 April 1976 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                                                       9.980                 5.330
           Subsidy in the case of advance fixing :
           —   for the month  of April 1976                              9.980                 5.330
           —  for  the month  of May 1976                                9.980                 5.330
           —  for  the month  of June 1976                               9.820                 5.490
           —   for the month  of July 1976                               9.681                 5.490
           —   for the month  of August 1976                             9.521                   —
           —   for the month  of September 1976                          9.825                   —