CELEX: 31978R0190
Language: en
Date: 1978-02-01 00:00:00
Title: Commission Regulation (EEC) No 190/78 of 31 January 1978 fixing the amount of the subsidy on oil seeds

No L 27/24                               Official Journal of the European Communities                                1 . 2. 78
                                    COMMISSION REGULATION (EEC) No 190/78
                                                        of 31 January 1978
                                      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 136/66/EEC                   market known to the Commission and of quotations
of 22 September 1966 on the establishment of a                      on those exchanges which are significant for interna­
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
2560/77 (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
                                                                    1383/77 (7), provides that offers and quotations which
                                                                    do not relate to shipments to be effected within 30
Having regard to the opinion of the Monetary                        days following the date on which the world market
Committee,
                                                                    price is determined should be disregarded ; whereas
                                                                    offers and quotations which the Commission believes,
                                                                    in view of general price movements or information
Whereas Article 27 of Regulation No 136/66/EEC                      available to it, not to be representative of the real
provides that a subsidy should be granted in respect of             trend of the market must also be disregarded ; whereas
oil seeds harvested and processed within the Commu­                 offers and quotations relating to quantities of less than
nity when the target price for a species of seed is                 500 tonnes and offers relating to seed of a quality
higher than the price on the world market ; whereas                 other than that normally acceptable on the world
these provisions apply only in respect of colza, rape               market must also be disregarded ;
and sunflower seeds ;
Whereas the subsidy on oil seeds should, theoretically,             Whereas Article 3 of Regulation No 225/67/EEC
be equal to the difference between those two prices ;               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 and the monthly increases in               delivery fas, fob or otherwise should be increased, as
the target price for oil seeds for the 1977/78                      appropriate, by loading, transport and insurance costs
marketing year were fixed by Regulations (EEC) No                   from the point of shipment or loading to the frontier
1069/77(3) and (EEc) No 1 070/77 (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    moste    favourable     costs which to its knowledge are the lowest ; whereas,
purchasing opportunities, quotations being adjusted                 finally, offers and quotations for delivery cif
where necessary to take account of quotations for                   Rotterdam should be increased by 0-20 unit of
                                                                    account :
competing products ;
Whereas Article 4 of Council Regulation (No 1 1 5/                  Whereas Article 5 of Regulation No 1 1 5/67/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 303, 28 .  11 . 1977, p. 1 .
(J) OJ   No L 129, 25 .  5. 1977, p. 5 .
(4) OJ   No L 129, 25.   5. 1977, p. 6.                             (6) OJ No 136, 30. 6. 1967, p. 2919/67.
(5) OJ   No 111 , 10. 6. 1967, p. 2196/67.                          (7) OJ No L 157, 28 . 6. 1977, p. 15.
 ---pagebreak--- 1 . 2. 78                          Official Journal of the European Communities                           No L 27/25
Whereas Article 3 of Regulation No 225/67/EEC                 — the difference between the price of 100 kilograms
provides that offers and quotations relating to                    of 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 representation ; whereas offers and quota­               the type of seed in question, and
tions relating to a quality other than the standard
quality for which the target price was fixed should be        — the difference between the price of 100 kilograms
adjusted on the basis of the coefficients of equivalence           of one or more other seeds, plus processing costs,
shown in the Annex to that Regulation ; whereas, in                and the total of the prices of the quantities of oil
the case of offers on the world market for qualities of            and oil cake resulting from the processing of these
                                                                   seeds ;
colza and rape seed other than those listed in that
Annex, coefficients of equivalence derived from those
listed in that Annex may, pursuant to Article 4 of            Whereas the factors to be taken into consideration for
Regulation No 225/67/EEC, be applied ; whereas,               the purpose of determining that margin are defined in
when derived coefficients are being calculated,               Article 8 of Regulation No 225/67/EEC ; whereas no
account must be taken of the differences between
                                                              adjustment should be made where the margin is
prices for the qualities of seed in question and prices       found to be less than 0-50 unit of account ; whereas
for the qualities listed in that Annex, and of the            Article 6 (2) of Regulation No 1 1 5/67/EEC provides
characteristics of these 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 11 5/67/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 kilograms of seed within           amended by Regulation (EEC) No 2730/71 (2), laid
the Community less an amount corresponding to the             down rules for granting the subsidy on oil seeds ;
cost 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 11 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 1 56/78 (4), provides that such adjustment should
where it is, moreover, impossible to establish the value     involve increasing or reducing the amount of 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 11 5/67/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   1 222, 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 23, 28 . 1 . 1978, p. 27.
 ---pagebreak--- No L 27/26                        Official Journal of the European Communities                             1 . 2. 78
115/67/EEC ; whereas, if no offer and no price can be        able only on the basis of the indicative price for the
used for such determination, the method of calcula­          month of July 1977. This amount may, therefore, be
tion provided for in Article 38 of Regulation (EEC)          applied on a temporary basis and should be confirmed
No 1204/72 should be used ; whereas the above                or replaced when the indicative price for the 1978/79
mentioned difference may be adjusted pursuant to             marketing year is known ;
Article 39 of Regulation (EEC) No 1204/72, account
being taken of prices for soya seeds on the world            Whereas it follows from applying all these provisions
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,
                                                                                    Article 1
subsidies should be calculated on the following basis :
— in the case of currencies which are maintained in          1 . The amount of the subsidy referred to in Article
    relation to each other at any given moment within        27 of Regulation No 136/66/EEC is hereby fixed as
    a band of 2-25 % , a rate of exchange based on           shown in the table annexed to this Regulation.
    their effective parity ;
                                                             2. The amount of the subsidy for the month of
— for other currencies, an exchange rate based on the
                                                             July 1978 will, however, for colza and rape seed, be
    arithmetic mean of the spot market rates of each
                                                             confirmed or replaced as from 1 February 1978 to
    of these currencies recorded for a given period in
                                                             take into account the indicative price which is fixed
    relation to the Community currencies referred to
                                                             for these products for the 1978/79 marketing year.
    in the previous subparagraph ;
Whereas in the absence of the indicative price for the                              Article 2
1978/79 marketing year for colza and rape seed in
case of pre-fixation for the month of July 1978 , the        This Regulation shall enter into force on 1 February
amount of subsidy on these products has been obtain­         1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 31 January 1978 .
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President
 ---pagebreak--- 1 . 2. 78                                 Official Journal of the European Communities                           No L 27/27
                                                              ANNEX
          to the Commission Regulation of 31 January 1978 fixing the amount of the subsidy on oil
                                                                seeds
          Subsidy applicable from 1 February 1978 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                                                               11.148                14.315
          Subsidy in the case of advance fixing
          — for the month of February 1978                                      11.148                14.315
          — for the month of March 1978                                         11.599                14.787
          —    for   the  month     of   April 1978                             1 1 -429              14-816
          —    for   the  month     of   May 1978                               1 1 -429              14.816
          —    for   the  month     of   June 1978                              1 1 -732
          —    for   the  month     of   July 1 978 (')                           9.570
          (') Subject to confirmation .