CELEX: 31988R2771
Language: en
Date: 1988-09-07
Title: Commission Regulation (EEC) No 2771/88 of 6 September 1988 fixing the amount of the subsidy on oil seeds

7. 9 . 88                             Official Journal of the European Communities                              No L 248/9
                                    COMMISSION REGULATION (EEC) No 2771/88
                                                     of 6 September 1988
                                      fixing the amount of the subsidy on oil seeds
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      Whereas the abatement of the subsidy for colza and tape
                                                                   seed which arises from the system of maximum guaran­
  Having regard to the Treaty establishing the European            teed quantities for the 1988/89 marketing year has beep
  Economic Community,                                              fixed by Commission Regulation (EEC) No 2761 /88 (9) ;
  Having regard to the Act of Accession of Spain and
  Portugal,
                                                                   Whereas the abatement of the subsidy for sunflower seed
                                                                   which arises, where appropriate, from the system of
  Having regard to Council Regulation No 136/66/EEC of             maximum guaranteed quantities for the 1988/89 marke­
  22 September 1966 on the establishment of a common               ting year, has not, to date, been fixed ; whereas the
  organization of the market in oils and fats ('), as last         amount of the subsidy for the 1988/89 marketing year has
  amended by Regulation (EEC) No 2210/88 (2), and in               been provisionally calculated on the basis of an abatement
  particular Article 27 (4) thereof,                               of 5,835 ECU per 100 kilograms ;
  Having regard to Council Regulation (EEC) No
  1 678/85 (3) fixing the conversion rates to be applied in
 agriculture, as last amended by Regulation (EEC) No               Whereas the standard quality for sunflower seed has been
 21 85/88 f),                                                      maintained by the Council for the 1988/89 marketing
                                                                   year ; whereas the coefficients of equivalence applied to
  Having regard to Council Regulation (EEC) No 1569/72            the prices of sunflower seed from third countries have
 of 20 July 1972 laying down special measures for colza,           been fixed by Commission Regulation (EEC) No 2869/
 rape and sunflower seed (*), as last amended by Regulation        87 H ;
 (EEC) No 2216/88 (6), and in particular Article 2 (3)
 thereof,
 Having regard to the opinion of the Monetary Committee,           Whereas Article 29 of Regulation No 136/66/EEC
                                                                   provides that the world market price, calculated for a
 Whereas Article 27 of Regulation No 136/66/EEC                    Community frontier crossing point, is to be determined
 provides that a subsidy should be granted in respect of oil       on the basis of the most favourable purchasing opportuni­
 seeds harvested and processed within the Community                ties, quotations being adjusted where necessary to take
 when the target price for a species of seed is higher than        account of quotations for competing products ;
 the price on the world market ; whereas these provisions
 at present apply only in respect of colza, rape and
 sunflower seeds ;
                                                                  Whereas Article 4 of Council Regulation No 1 1 5/67/EEC
Whereas the subsidy on oil seeds should, theoretically, be        of 6 June 1967 laying down criteria for determining
 equal to the difference between those two prices ;               world market prices for. oil seeds and fixing the frontier
                                                                  crossing point (n), as last amended by Regulation (EEC)
                                                                   No 1983/82 (12), fixed the said crossing point at
Whereas the target price and the monthly increases in the         Rotterdam ; whereas Article 1 of that Regulation provides
 target price for colza, rape and sunflower seed for the          that when the world market price is being determined
 1988/89 marketing year were fixed by Regulations (EEC)           account should be taken of all offers on the world market
 No 2213/88 0 and (EEC) No 2214/88 (8) ;                          known to the Commission and of quotations on those
                                                                  exchanges which are significant for international trade ;
Whereas a supplement to the target price for 'double zero'        whereas Article 2 of Commission Regulation No 225/
colza and rape seed was fixed in Regulation (EEC) No              67/EEC of 28 June 1967 on detailed rules for determi­
2213/88                                                           ning the world market price for oil seeds (13), as last
                                                                  amended by Regulation (EEC) No 2869/87, provides that
                                                                  offers and quotations which do not relate to shipments to
(') OJ No 172, 30. 9. 1966, p. 3025/66.                           be effected within 30 days following the date on which
0 OJ No L 197, 26. 7. 1988.
O OJ No L 164, 24. 6. 1985, p. 11 .
0 OJ No L 195, 23. 7. 1988, p. 1 .                                O OJ No L 247, 6. 9. 1988, p. 7.
0 OJ No L 167, 25. 7. 1972, p. 9.                                 (,0) OJ No L 273, 26. 9. 1987, p. 16.
(6) OJ No L 197, 26. 7. 1988.                                     (") OJ No 111 , 10. 6. 1967, p. 2196/67.
0 OJ No L 197, 26. 7. 1988.                                       H OJ No L 215, 23. 7. 1982, p. 6.
o OJ No L 197, 26. 7. 1988.                                       (13) OJ No 136, 30. 6. 1967, p. 2919/67.
 ---pagebreak--- No L 248 / 10                          Official Journal of the European Communities                                  7. 9 . 88
the world market price is determined should be disre­            be determined in accordance with Article 6 of that
garded ; whereas offers and quotations which the                 Regulation ;
Commission believes, in view of general price movements
or information available to it, not to be representative of
the real trend of the market must also be disregarded ;
whereas offers and quotations relating to quantities of less     Whereas Article 3 of Regulation No 115/67/EEC provides
                                                                 that, where no offer or quotation can be used as a basis
than 500 tonnes and offers relating to seed of a quality         for determining the world market price and where it is,
other than that normally acceptable on the world market          moreover, impossible to establish the value of the oil or
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        Whereas, under Article 6 of Regulation No 115/67/EEC,
product delivered cif Rotterdam ; whereas the Commis­            the price determined for colza, rape and sunflower seeds
sion should take account only of the loading, transport
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 0,242 ECU ;                 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             Whereas Council Regulation (EEC) No 1594/83 of 14
seed of the standard quality for which the target price has      June 1983 on the subsidy for oil seeds ('), as last amended
been fixed, delivered in bulk ;                                   by Regulation (EEC) No 2215/88 (2), laid down rules for
                                                                 granting the subsidy on oil seeds ; whereas, under that
                                                                  Regulation, where the subsidy to be granted is fixed in
                                                                  advance, the amount of such subsidy must be equal to the
Whereas Article 3 of Regulation No 225/67/EEC provides            amount applicable on the day on which the application
that offers and quotations relating to products presented         for advance fixing was lodged, adjusted by the difference
otherwise than in bulk should be adjusted by deducting            between the target price valid on that day and the target
the additional value resulting from that presentation ;           price valid on the day on which the seeds are placed
whereas offers and quotations relating to a quality other         under control at an oil or feed mill and, where appro­
than the standard quality for which the target price was          priate, a corrective amount ; whereas Article 35 of
fixed should be adjusted on the basis of the coefficients of      Commission Regulation (EEC) No 2681 /83 of 21
equivalence shown in the Annex to that Regulation ;               September 1983 laying down detailed rules for the appli­
whereas, in the case of offers on the world market for            cation of the subsidy system for oil seeds (3), as last
qualities of colza and rape seed other than those listed in       amended by Regulation (EEC) No 2586/88 (4), provides
that Annex, coefficients of equivalence derived from those        that such adjustment should involve increasing or redu­
listed in that Annex may, pursuant to Article 4 of Regula­        cing the amount of subsidy applicable on the day on
tion No 225/67/EEC, be applied ; whereas, when derived            which the application was lodged by the corrective
coefficients are being calculated, account must be taken of    - amount and the difference between the target prices
the differences between prices for the qualities of seed in       mentioned in Article 35 of Regulation (EEC) No
question and prices for the qualities listed in that Annex,       2681 /83 ;
and of the characteristics of these various seeds ;
                                                                  Whereas Article 37 of Regulation (EEC) No 2681 /83
Whereas Article 2 of Regulation No 1 1 5/67/EEC provides          provides that the corrective amount must be equal to the
 that, where no offer or quotation can be used as a basis         difference between the world market price for colza, rape
 for determining the world market price, that price should        and sunflower seeds and the forward price for those seeds
 be determined on the basis of the value of the average           valid for a shipment effected during the month in which
 quantities of oil and oil cake resulting from the proces­        the seeds were placed under control at an oil mill, those
 sing of 100 kilograms of seed within the Community less          prices being determined in accordance with Articles 1 , 4
 an amount corresponding to the cost of processing these
 seeds into' oil and oil cake ; whereas the quantities and        (') OJ No L 163, 22. 6.        p. 44.
 costs to be taken into consideration for the purposes of         (2) OJ No L 197, 26. 7. 1988 .
 the calculation are fixed in Article 5 of Regulation No          0 OJ No L 266, 28 . 9. 1983, p. 1 .
 225/67/EEC ; whereas the value of those quantities should        (") OJ No L 230, 19. 8 . 1988, p. 23 .
 ---pagebreak---     7. 9 . 88                             Official Journal of the European Communities                              No L 248 / 11
    and 5 of Regulation No 1 1 5/67/EEC ; whereas, if no offer       (a) for those Member States whose currencies are main­
    and no price can be used for such determination, the                 tained as between themselves within a spread at any
    method of calculation provided for in Article 37 of Regu­            given moment of 2,25 % , the difference between :
    lation (EEC) No 2681 /83 should be used ; whereas the
   abovementioned difference may be adjusted in accordance               — the conversion rate used under the common
   with Article 38 of Regulation (EEC) No 2681 /83, account                   agricultural policy, and
   being taken of the prices of the main competing cereals ;             — the conversion rate resulting from the central rate,
                                                                     (b) for the other Member States, the difference between :
                                                                         — the relationship between the conversion rate used
   whereas the aid for colza, rape or sunflower seed                         under the common agricultural policy for the
                                                                             currency of the Member State concerned and the
   harvested or processed in Spain or Portugal is to be                      central rate of each of the currencies of the
   advised as provided for in Council Regulation (EEC) No                    Member States referred to in (a), and
   478/86 (') ; whereas pursuant to Article 95 (2) and 293 (2)
   of the Act of Accession of Spain and Portugal this aid is             — the spot market rate for the currency of the
   to be introduced at the beginning of the 1986/87 marke­                   Member State in question in relation to each of
   ting year for seed harvested in these two Member States :                 the currencies of the Member States referred to in
                                                                             (a), as recorded over a period to be determined ;
                                                                     Whereas Regulation (EEC) No 1813/84 specifies the spot
                                                                     and forward exchange rates and the period to be used for
   Whereas, in Article 14 of Council Regulation (EEC) No             calculating the differential amounts ; whereas in cases
  475/86 (2) of 25 February 1986 laying down general rules          where, for one or more months, quotations of forward
  for the mechanism for controlling the prices and the              exchange rates are not available, the rates adopted for the
  quantities of certain products in the oils and fats sector         previous months or the following months, as the ca£e may
  released for consumption in Spain provision is made for           be, must be used :
  the granting of compensatory aid, subject to certain
  conditions ; whereas compensatory aid should be fixed for
  sunflower seeds harvested in Spain ;                              Whereas the subsidy should be fixed whenever the
                                                                    market situation makes it necessary and in such a way 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 ; -
. Whereas Council Regulation (EEC) No 1920/87 (3),
  provides for the granting of a special subsidy for                Whereas it follows from applying these provisions to the
  sunflower seed harvested and processed in Portugal ;              offers and quotations known to the Commission that,
  whereas the amount of this subsidy should be fixed ;              pursuant to Article 33 of Regulation (EEC) No 2681 /83
                                                                    the amount of the subsidy in ECU and the amount of the
                                                                    subsidy in each of the national currencies must be fixed
                                                                    in accordance with the Annex to this Regulation ;
                                                                   whereas, pursuant to the same Article, the spot and
                                                                    forward exchange rates for the ECU in national currencies
 Whereas Article 33 of Regulation (EEC) No 2681 /83                determined in accordance with Article 4 of Regulation
 provides for the publication of the amount of the final           (EEC) No 1813/84 must also be published,
 subsidy obtained from the conversion into each of the
 national currencies of the amount in ECU resulting from
 the calculation referred to above plus or minus the diffe­
 rential amount ; whereas Article 1 of Commission Regula­
 tion (EEC) No 1813/84 (4), as last amended by Regulation
 (EEC) No 2138/87 (*),. defined the elements which deter­
 mine the differential amounts ; whereas these elements
                                                                   HAS ADOPTED THIS REGULATION
 are equal to the incidence on the target price less 7,5 %
 or the subsidy of the coefficient derived from the percen­
 tage referred to in Article 2 (1 ) of Regulation (EEC) No
 1 569/72 ; whereas, according to these provisions, this
 percentage represents :
                                                                                               Article 1
(■)  OJ   No  L 53, 1 . 3. 1986, p. 55.
0    OJ   No  L 53, 1 . 3. 1986, p. 47.
0    OJ   No  L 183, 3. 7. 1987, p. 18.                            1 . The amounts of the subsidy and the exchange rates
(4)  OJ   No  L 170, 29. 6. 1984, p. 41 .                          referred to in Article 33 (2) and (3) of Regulation (EEC)
0    OJ   No  L 200, 21 . 7. 1987, p. 9.                           No 2681 /83 Shall be as set out in the Annex hereto.
 ---pagebreak--- No L 248 / 12                       Official Journal of the European Communities                             7. 9. 88
2. The amount of the compensatory aid referred to in           1988 to take account, where applicable, of the conse­
Article 14 of Regulation (EEC) No 475/86 shall be as           quences of the application of the maximum guaranteed
shown in Annex III to this Regulation for sunflower seed       quantities system.
harvested in Spain.
3.    The amount of the special subsidy provided
for by Regulation (EEC) 1920/87 for sunflower seed                                     Article 2
harvested and processed in Portugal is fixed in Annex III.
4.    However, the amount of aid for sunflower seed shall      This Regulation shall enter into force on 7 September
be confirmed or replaced with effect from 7 September          1988 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 6 September 1988 .
                                                                        For the Commission
                                                                         Frans ANDRIESSEN
                                                                            Vice-President
 ---pagebreak---   7. 9 . 88                                       Official Journal of the European Communities                                        No L 248 / 13
                                                                      ANNEX I
                                               Aids to colza and rape seed other than 'double zero'
                                                                                                                           (amounts per 100 kilograms)
                                                       Current       1st period        2nd period         3rd period   4th period       5th period
                                                         90              10 0              11 (1))            12 (')       1 (')            20
                                           \
  1 . Gross aids (ECU) :
                                                                                                       '
                                                                                                                                    \
       — Spain                                            0,580            0,580              0,580             0,580        0,580           0,580
       — Portugal                                         0,000            0,000              0,000             0,000        0,000           0,000
       — Other Member States                             15,925           15,225             15,026            15,344       15,423          15,150
 2. Final aids :                                  ||II                                               li||
       (a) Seed harvested and processed in :                     ||II||
           — Federal Republic of Germany          I              IIIlII
               (DM)                                      38,05            36,41             35,95              36,72       36,91            36,58
           —   Netherlands (Fl)                          42,36            40,51             39,99              40,83       41,05            40,60
           —   BLEU (Bfrs/Lfrs)                         760,47          726,66            716,98             732,27       744,73           731,55
           —   France (FF)                              110,58          105,08            103,40             105,78       110,55           108,32
           —   Denmark (Dkr)                            135,48          129,23            127,39             130,18       134,24           131,78
           —   Ireland (£ Irl)                           12,281           11,670            11,482             11,747       12,292          12,044
           —   United Kingdom (£)                         8,641            8,126              7 ,954            8,140        8,918           8,590
           —   Italy (Lit)                          22 545          21 338 •          20 893             21 278       22 866           21 966
           —   Greece (Dr)                            1 477,74       1 334,24           1 255,78           1 273,84     1 275,44         1 128,96
      (b) Seed      harvested  in   Spain    and                                                     I
           processed :                            \              \                  l                l
           — in Spain (Pta)                              89,44           89,44              89,44             89,44        89,44            89,44
           — in another Member State (Pta)           2 356,42        2 248,83          2 216,58           2 255,79     2 267,98         2 199,54
      (c) Seed harvested in Portugal and
           processed :
           — in Portugal (Esc)                            0,00             0,00               0,00              0,00         0,00            0,00
           — in another Member State (Esc)           3 568,82        3 434,17          3 377,12           3 415,61     3 429,28         3 306,15
( ) Subject to the reduction resulting from the maximum guaranteed quantities system.
 ---pagebreak---   No L 248 / 14                                    Official Journal of the European Communities                                         7. 9 . 88
                                                                        ANNEX II
                                                      Aids to colza and rape seed 'double zero'
                                                                                                                     (amounts per 100 kilograms)
\                                                       Current        1st period       2nd period    3rd period  4th period      5th period
\                                                         9 (')           10 (')           11 0)         12 (')       l (')            2 (')
  I. - Gross aids (ECU):                                           I                 \              l
       — Spain                                              3,080           3,080             3,080        3,080        3,080            3,080
       — Portugal                                           2,500           2,500             2,500        2,500        2,500            2,500
       — Other Member States                               18,425          17,725           17,526        17,844       17,923           17,650
  2 . Final aids :                                 \               I
       (a) Seed harvested and processed in :       \               I                 \
           — Federal Republic; of Germany
                (DM)                                       43,95           42,31            41,85         42,62        42,81            42,49
           — Netherlands (Fl)                              48,98           47,13            46,61         47,45        47,66            47,21
           — BLEU (Bfrs/Lfrs)                            880,63           846,83           837,15        852,43      865,45           852,26
           — France (FF)                                 129,27           123,77           122,09        124,47      129,51           127,28
           — Denmark (Dkr)                               157,36           151,11           149,28        152,06      156,35           153,88
           — Ireland (£ Irl)                               14,360          13,748           13,561        13,825       14,402           14,154
            — United Kingdom (£)                           10,281           9,766             9,594         9,781      10,606           16,278
            — Italy (Lit)                             26 538          25 330            24 886        25 271      26 953          26 053
            — Greece (Dr)                              1 849,74         1 706,24         1 627,77      1 645,84    1 647,44         1 500,96
       (b) Seed harvested
            processed :
                                in    Spain   and
                                                                   I      474,98           474,98
                                                                                                    I    474,98      474,98           474,98
            — in Spain (Pta)                             474,98
            — in another Member State (Pta)            2741,95          2 634,36         2 602,1 1     2 641,33    2 653,52         2 585,07
           \
       (c) Seed harvested in Portugal and
             processed :                                           I      470,02           470,02
                                                                                                    I    470,02      470,02           470,02
            — in Portugal (Esc)                          470,02
            — in another Member State (Esc)            4 038,84         3 904,18         3 847,14      3 885,62    3 899,30     .   3 776,17
  (') Subject to the reduction resulting from the maximum guaranteed quantities system.
 ---pagebreak--- 7. 9 . 88                                         Official Journal of the European Communities                                                    No L 248 / 15
                                                                            ANNEX III
                                                                    Aids to sunflower seed
                                                                                                                                       (amounts per 100 kilograms)
                                                          Current               1st period            2nd period           3rd period              4th period
                                                            9 (')                   10 (')               ll (')                12 (')                   M1)
1 . Gross aids (ECU) :
    — Spain                                                   5,170                     5,170               5,170                 5,170                  5,170
    — Portugal                                                0,000                   . 0,000               0,000                 0,000                  0,000
    — Other Member States                                    19,648                  19,245                18,462                18,840                 18,897
2. Final aids :                                    \                                                                   I
    (a) Seed harvested and processed in (2) :      \                        l                                          \
         — Federal Republic of Germany ,
            (DM)                                             46,97                   46,03                44,20                  45,11                  45,25
         — Netherlands (Fl)                                  52,27                   51,21                49,15                  50,15                  50,30
         — BLEU (Bfrs/Lfrs)                                938.00                  918,54                880,65                898,82                  912,48
         — France (FF)                                     136.01                   132,85               126,56                129,38                  135,07
         — Denmark (Dkr)                                   166,95                   163,35               156,30                159,60                  164,36
         — Ireland (£ Irl)                                   15,105                  14,752                14,052                14,366                 15,019
         — United Kingdom (£)                                10,571                  10,274                 9,667                 9,887                 10,839
                                                        27 672                 26 977                 25 500               25 946                  27 877
         — Italy (Lit)
         — Greece (Dr)                                   1 778,76                1 688,16              1 489,00             1 507,69                1 502,54
     (b) Seed harvested in Spain and
         processed :
         — in Spain (Pta)                                  797,28                  797,28                797,28                797,28                  797,28
         — in another Member State (Pta)                 2 083,57                2 021,63              1 899,10             1 944,61                1 953,41
     (c) Seed harvested in Portugal and
         processed :
         — in Portugal (Esc)                                  0,00                      0,00                0,00                   0,00                  0,00
         — in Spain (Esc)                                4 839,05                4 758,66              4 579,53             4 624,65                4 634,06
         — in another Member State (Esc)                 4 698,99                4 620,93              4 446,98             4 490,80                4 499,93
3. Compensatory aids :
     — in Spain (Pta)                                    2020,76                 1 958,82              1 836,29              1 881,80                1 887,30
4. Special aid :
     — in Portugal (Esc)                                 4698,99                 4 620,93              4 446,98             4 490,80                4 499,93
(') Subject to the reduction resulting from the maximum guaranteed quantities system.
P) For seed harvested in the Community as constituted at 31 December 1985 and processed in Spain, the amounts shown in 2 (a) to be multiplied by 1,0298070.
                                                                             ANNEX IV
Exchange rate of the ECU to be used for converting final aids into the currency of the processing country when the latter is a
                                                     country other than the country of production
                                                                                                                                                  (value of 1 ECU)
                                               Current              1st period            2nd period        3rd period          4th period           5th period
                                                  9                      10                   11                 12                   1                   2
DM                                              2,074200               2,070530              2,067000           2,063370            2,063370            2,052330
Fl                                              2,343030               2,339790              2,336210           2,332800            2,332800            2,321710
Bfrs/Lfrs                                      43,490000             43,487600              43,487500         43,490500           43,490500            43,502900
FF                                              7,046690               7,050500              7,054490      > 7,059840               7,059840            7,076770
Dkr                                             7,971810               7,977780              7,983130           7,988490            7,988490            8,009330
£Irl                                            0,775668               0,775510              0,775367           0,775432            0,775432            0,775973
£                                               0,658104               0,659638              0,661009           0,662320            0,662320            0,666556
 Lit                                        1 543,91              1 548,78              1 554,09          1 559,08            1 559,08             1 574,28
 Dr                                           167,21500             168,61400              169,94500         171,32900 ' 1       171,32900            175,02000
 Esc                                          169,62200             170,50100              171,19000         172,00800           172,00800            174,56300
Pta'                                          136,77500             137,17600              137,52700         137,89300           137^9300             138,84200