CELEX: 31989R2645
Language: en
Date: 1989-09-01 00:00:00
Title: Commission Regulation (EEC) No 2645/89 of 31 August 1989 fixing the amount of the subsidy on oil seeds

No L 255/32                              Official Journal of the European Communities                                  1 . 9. 89
                                    COMMISSION REGULATION (EEC) No 2645/89
                                                       of 31 August 1989
                                       fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        marketing years ; whereas the coefficients of equivalence
                                                                   applied to the prices of sunflower seed from third coun­
Having regard to the Treaty establishing the European              tries have been fixed by Commission Regulation (EEC)
Economic Community,                                                No 2869/87 (») ;
Having regard to the Act of Accession of Spain and
Portugal,                                                          Whereas the abatement of the subsidy for colza and tape
                                                                   seed which arises from the system of maximum guaran­
                                                                   teed quantities for the 1989/90 marketing year has been
Having regard to Regulation No 1 36/66/EEC of the                  fixed by Commission Regulation (EEC) No 2625/89 (10) ;
Council of 22 September 1966 on the establishment of a
common organization of the market in oils and fats ('), as
last amended by Regulation (EEC) No 1225/89 (2), and in            Whereas the abatement of the subsidy for sunflower seed
particular Article 27 (4) thereof,                                 which arises, where appropriate, from the system of
                                                                   maximum guaranteed quantities for the 1989/90 marke­
Having regard to Council Regulation (EEC) No                       ting year, has not, to date, been fixed ; whereas the
1678/85 (3) fixing the conversion rates to be applied in           amount of the subsidy for the 1989/90 marketing year has
agriculture, as last amended by Regulation (EEC) No                 been provisionally calculated on the basis of an abatement
2639/89 (4),                                                        of 11,55 ECU per 100 kilograms ;
Having regard to Regulation (EEC) No 1569/72 of the
Council of 20 July 1972 laying down special measures for           Whereas Article 29 of Regulation No 1 36/66/EEC
colza, rape and sunflower seed (*), as last amended by              provides that the world market price, calculated for a
Regulation (EEC) No 2216/88 (% and in particular Article            Community frontier crossing point, is to be determined
2 (3) thereof,                                                     on the basis of the most favourable purchasing opportuni­
                                                                    ties, quotations being adjusted where necessary to take
Having regard to the opinion of the Monetary Committee,             account of quotations for competing products ;
Whereas Article 27 of Regulation No 1 36/66/EEC
provides that a subsidy should be granted in respect of oil        Whereas Article 4 of Regulation No 115/67/EEC of the
seeds harvested and processed within the Community                  Council of 6 June 1967 laying down criteria for determi­
when the target price for a species of seed is higher than          ning world market prices for oil seeds and fixing the fron­
the price on the world market ; whereas these provisions            tier crossing point ("), as last amended by Regulation
at present apply only in respect of colza, rape and                 (EEC) No 1983/82 (1?), fixed the said crossing point at
sunflower seeds ;                                                   Rotterdam ; 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 market
Whereas the subsidy on oil seeds should, theoretically, be          known to the Commission and of quotations on those
equal to the difference between those two prices ;                  exchanges which are significant for international trade ;
                                                                   whereas Article 2 of Commission Regulation No 225/
Whereas the target price and the monthly increases in the           67/EEC of 28 June 1967 on detailed rules for determi­
target price for colza, rape and sunflower seed for the             ning the world market price for oil seeds (13), as last
1989/90 marketing year were fixed by Regulations (EEC)              amended by Regulation (EEC) No 2869/87, provides that
No 1228/89 0 and (EEC) No 1229/89 (8) ;                             offers and quotations which do not relate to shipments to
                                                                    be effected within 30 days following the date on which
Whereas a supplement to the target price for 'double zero'          the world market price is determined should be disre­
colza and rape seed was fixed in Regulation (EEC) No               garded ; whereas offers and quotations which the
1228 /89 ;                                                          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 the standard quality for sunflower seed has been            whereas offers and quotations relating to quantities of less
maintained by the Council for the 1988/89 and 1989/90               than 500 tonnes and offers relating to seed of a quality
                                                                    other than that normally acceptable on the world market
(') OJ  No 172, 30. 9. 1966, p.  3025/66.                           must also be disregarded ;
(2) OJ  No L 128, 11 . 5. 1989,  p. 15.
(3) OJ  No L 164, 24. 6. 1985,   p. 11 .
(4) See page 14 of this Official Journal.                           0 OJ No L 273, 26. 9 . 1987, p. 16.
0   OJ  No L 167, 25. 7. 1972,   p. 9.                              (10) OJ No L 254, 31 . 8. 1989, p. 9.
(«) OJ  No L 197, 26. 7. 1988,   p. 10 .                            (") OJ No 111 , 10 . 6. 1967, p. 2196/67.
0   OJ  No L 128, 11 . 5. 1989,  p. 20.                             (12) OJ No L 215, 23. 7. 1982, p. 6.
 8  OJ  No L 128, 11 . 5. 1989,  p. 22.                             (13) OJ No 136, 30. 6. 1967, p. 2919/67.
 ---pagebreak--- 1 . 9. 89                              Official Journal of the European Communities                            No L 255/33
Whereas Article 3 of Regulation No 225/67/EEC provides           known value for oil or oil cake, adjusted to take account
that of the offers and quotations taken into consideration,      of the trend of world prices for competing products by
those for delivery c and f should be increased by 0,2 % ;        applying to that value the rules set out in Article 2 of
whereas offers and quotations for delivery fas, fob or           Regulation No 115/67/EEC ; whereas Article 7 of Regula­
otherwise should be increased, as appropriate, by loading,       tion No 225/67/EEC defines competing products as those
transport and insurance costs from the point of shipment         oils or oil cakes, as the case may be, which appear to have
or loading to the frontier crossing point ; whereas cif          been offered in the largest quantities on the world market
offers and quotations for frontier crossing points other         during the period under consideration ;
than Rotterdam should be adjusted to allow for the diffe­
rence in transport and insurance costs as compared with a
product delivered cif Rotterdam ; whereas the Commis­
sion should take account only of the loading, transport
and insurance costs which to its knowledge are the               Whereas, under Article 6 of Regulation No 115/67/EEC,
lowest ; whereas, finally, offers and quotations for delivery    the price determined for colza, rape and sunflower seeds
cif Rotterdam should be increased by ECU 0,242 ;                  must also be adjusted by an amount not exceeding the
                                                                  margin, as calculated in accordance with that Article,
                                                                 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
seed of the standard quality for which the target price has
been fixed, delivered in bulk ;
                                                                 Whereas Council Regulation (EEC) No 1594/83 of 14
                                                                 June 1983 on the subsidy for oil seeds ('), as last amended
                                                                 by Regulation (EEC) No 2215/88 0, laid down rules for
Whereas Article 3 of Regulation No 225/67/EEC provides           granting the subsidy on oil seeds ; whereas, under that
that offers and quotations relating to products presented         Regulation, where the subsidy to be granted is fixed in
otherwise than in bulk should be adjusted by deducting           advance, the amount of such subsidy must be equal to the
the additional value resulting from that presentation ;           amount applicable on the day on which the application
whereas offers and quotations relating to a quality other         for advance fixing was lodged, adjusted by the difference
than the standard quality for which the target price was          between the target price valid on that day and the target
fixed should be adjusted on the basis of the coefficients of      price valid on the day on which the seeds are placed
equivalence shown in the Annex to that Regulation ;               under control at an oil or feed mill and, where appro­
whereas, in the case of offers on the world market for            priate, a corrective amount ; whereas Article 35 of
qualities of colza and rape seed other than those listed in       Commission Regulation (EEC) No 2681 /83 of 21
that Annex, coefficients of equivalence derived from those        September 1983 laying down detailed rules for the appli­
listed in that Annex may, pursuant to Article 4 of Regula­        cation of the subsidy system for oil seeds (J), as last
tion No 225/67/EEC, be applied ; whereas, when derived            amended by Regulation (EEC) No 1966/89 (4), provides
coefficients are being calculated, account must be taken of       that such adjustment should involve increasing or redu­
the differences between prices for the qualities of seed in       cing the amount of subsidy applicable on the day on
question and prices for the qualities listed in that Annex,      which the application was lodged by the corrective
and of the characteristics of these various seeds ;               amount and the difference between the target prices
                                                                  mentioned in Article 35 of Regulation (EEC) No
                                                                  2681 /83 ;
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 price should
be determined on the basis of the value of the average           Whereas Article 37 of Regulation (EEC) No 2681 /83
quantities of oil and oil cake resulting from the proces­         provides that the corrective amount must be equal to the
sing of 100 kilograms of seed within the Community less           difference between the world market price for colza, rape
an amount corresponding to the cost of processing these           and sunflower seeds and the forward price for those seeds
seeds into oil and oil cake -; whereas the quantities and        valid for a shipment effected during the month in which
costs to be taken into consideration vfor the purposes of         the seeds were placed under control at an oil mill, those
the calculation are fixed in Article 5 of Regulation No           prices being determined in accordance with Articles 1 , 4
225/67/EEC ; whereas the value of those quantities should         and 5 of Regulation No 1 1 5/67/EEC ; whereas, if no offer
be determined in accordance with Article 6 of that               and no price can be used for such determination, the
Regulation ;                                                      method of calculation provided for in Article 37 of Regu­
                                                                  lation (EEC) No 2681 /83 should be used ; whereas the
                                                                  abovementioned difference may be adjusted in accordance
                                                                 with Article 38 of Regulation (EEC) No 2681 /83, account
Whereas Article 3 of Regulation No 115/67/EEC provides            being taken of the prices of the main competing cereals ;
that, where no offer or quotation can be used as a basis
for determining the world market price and where it is,
                                                                 (>)  OJ No  L  163, 22. 6. 1983, p. 44.
moreover, impossible to establish the value of the oil or         0   OJ No  L  197, 26. 7. 1988, p. 9.
oil cake processed from such seed, the world market price        O    OJ No  L 266,  28. 9. 1983, p. 1 .
should be determined on the basis of the most recent              (") OJ No  L  187, 1 . 7. 1989, p. 130.
 ---pagebreak--- No L 255/34                             Official Journal of the European Communities                                  1 . 9. 89
Whereas the aid for colza, rape or sunflower seed                      — the spot market rate for the currency of the
harvested or processed in Spain or Portugal is to be                      Member State in question in relation to each of
advised as provided for in Council Regulation (EEC) No                    the currencies of the Member States referred to in
478/86 (') ; whereas pursuant to Article 95 (2) and 293 (2)               (a), as recorded over a period to be determined ;
of the Act of Accession this aid is to be introduced at the
beginning of the 1986/87 marketing year for seed                  Whereas Regulation (EEC) No 1813/84 specifies the spot
harvested in these two Member States ;
                                                                  and forward exchange rates and the period to be used for
                                                                  calculating the differential amounts ; whereas in cases
                                                                  where, for one or more months, quotations of forward
Whereas, in Article 14 of Council Regulation (EEC) No             exchange rates are not available, the rates adopted for the
475/86 of 25 February 1986 laying down general rules for          previous months or the following months, as the case may
the mechanism for controlling the prides and the quanti­          be, must be used ;
ties of certain products in the oils and fats sector released
for consumption in Spain (2), as amended by Regulation            Whereas the subsidy should be fixed whenever the
(EEC) No 1930/88 (3), provision is made for the granting          market situation makes it necessary and in such a way as
of compensatory aid, subject to certain conditions ;
                                                                  to ensure its being applied at least once a week ; whereas
whereas compensatory aid should be fixed for sunflower
                                                                  the subsidy may be altered whenever it becomes obvious
seeds harvested in Spain ;                                        that such alteration is necessary ;
Whereas Council Regulation (EEC) No 1920/87 (4),                  Whereas it follows from applying these provisions to the
                                                                  offers and quotations known to the Commission that,
provides for the granting of a special subsidy for
sunflower seed harvested and processed in Portugal ;              pursuant to Article 33 of Regulation (EEC) No 2681 /83
whereas the amount of this subsidy should be fixed ;              the amount of the subsidy in ecus 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
Whereas Article 33 of Regulation (EEC) No 2681 /83                forward exchange rates for the ecu in national currencies
provides for the publication of the amount of the final           determined in accordance with Article 4 of Regulation
subsidy obtained from the conversion into each of the             (EEC) No 1813/84 must also be published,
national currencies of the amount in ecus resulting from
the calculation referred tot above plus or minus the diffe­
rential amount ; whereas Article 1 of Commission Regula­
tion (EEC) No 1813/84 (^ as last amended by Regulation
(EEC) No 431 /89 (*), defined the elements which deter­            HAS ADOPTED THIS REGULATION :
mine the differential amounts ; whereas these elements
are equal to the incidence on the target price less percen­
tage referred to in Article 5, paragraph 1 of the said regu­
lation or the subsidy of the coefficient derived from the                                    Article 1
percentage referred to in Article 2 (1 ) of Regulation (EEC)
No 1 569/72 ; whereas, according to these provisions, thfis
percentage represents :
                                                                   1 . The amounts of the subsidy and the exchange rates
                                                                  referred to in Article 33 (2) and (3) of Regulation (EEC)
                                                                   No 2681 /83 shall be as set out in the Annex hereto.
(a) for those Member States whose currencies are main­
     tained as between themselves within a spread at any           2. The amount of the compensatory aid referred to in
    given moment of 2,25 % , the difference between :             Article 14 of Regulation (EEC) No 475/86 shall be as
    — the conversion         rate used under the common           shown in Annex III to this Regulation for sunflower seed
         agricultural policy, and                                 harvested in Spain.
    — the conversion rate resulting from the central rate ;        3. The amount of the special subsidy provided
                                                                   for by Regulation (EEC) 1920/87 for sunflower seed
(b) for the other Member States, the difference between :          harvested and processed in Portugal is fixed in Annex III.
    — the relationship between the conversion rate used            4. However, the amount of the subsidy for sunflower
         under the common agricultural policy for the             will be confirmed or replaced as from 1 September 1989
         currency of the Member State concerned and the            to take account of the consequences of the application of
         central rate of each of the currencies of the             the system of maximum guaranteed quantities.
         Member States referred to in (a), and
(') OJ   No L  53, 1 . 3. 1986, p. 55.
0   OJ   No L  53, 1 . 3. 1986, p. 47.                                                       Article 2
(3) OJ   No L  170, 2. 7. 1988, p. 3.
(4) OJ   No L  183, 3. 7. 1987, p. 18 .
0   OJ   No L  170, 29. 6. 1984, p. 41                            This Regulation shall enter into force on 1 September
(*) OJ   No L  50, 22. 2. 1989, p. 7.                              1989 .
 ---pagebreak---         1 . 9. 89                              Official Journal of the European Communities                             No L 255/35
                         This Regulation shall be binding in its entirety and directly applicable in all Member
                         States.
                         Done at Brussels, 31 August 1989.
                                                                                   For the Commission
                                                                                     Ray MAC SHARRY     .
                                                                              Member of the Commission
                                                                   ANNEX I
                                            Aids to colza and rape seed other than 'double zero'
                                                                                                                      (amounts per 100 kg)
I                                                   Current      1st period   2nd period    3rd period    4th period        5th period
                                                       9             10           11            42             1                  2
  1 . Gross aids (ECU):
      — Spain                                           1,170         1,170        1,170          1,170          1,170             1,170
      — Portugal                                        0,000         0,000        0,000          0,000         0,000              0,000
      — Other Member States                           23,258         23,037       23350         23,628        23,662             23,945
  2. Final aids :
      (a) Seed harvested and processed in :                                 \             I             I
           — Federal Republic of Germany
               (DM)                                   55,21          54,69        55,43         56,08         56,17              56,96
           — Netherlands (Fl)                         6135           60,77        61,59         62,33         62,42              63,27
           — BLEU (Bfrs/Lfrs)                      1 123,06       1 11239      1 127,50      1 140,92      1 142,56           1 156,23
           — France (FF)                             176,78         175,04       177,46        179,61        179,84             182,02
           — Denmark (Dkr)                           207,70         205,72       208,52        211,00        21130              213,83
           — Ireland (£Irl)                           19,675         19,482       19,751         19,990       20,016             20,256
           — United Kingdom (£)                       15,502         15,335       15,534         15,694       15,706             15,882
           — Italy (Lit)                         38 975         38 607        39 117        39 515        39 572            39 813
           — Greece (Dr)                           3 867,13      3 812,85      3 845,44      3 864,74      3 865,59          3 822,00
      (b) Seed harvested in Spain and
           processed :
           — in Spain (Pta)                          178,89         178,89       178,89        178,89        178,89             178,89
           — in another Member State (Pta)         3 335,97       3 303,83     3 340,92      3 374,78      3 38 1,27         3 394,59
      (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)        4 705,61       4 662,74      4 662,56      4 693,08      4 69138           4689,12
 ---pagebreak---   No L 255/36                                Official Journal of the European Communities                                    1 . 9. 89
                                                                ANNEX II
                                                Aids to colza and rape seed 'double zero'
                                                                                                                  (amounts per 100 kg)
\                                                 Current      1st period   2nd period    3rd period   4th period       Sth period
                                                     9             10           11            12            1                2
  1 . Gross aids (ECU):                                                                              \
      — Spain                                         3,670         3,670        3,670         3,670         3,670            3,670
      — Portugal                                      2,500         2,500        2,500         2,500         2,500            2,500
      — Other Member States                         25,758         25,537       25,850        26,128       26,162           26,445
  2. Final aids :                                                                      \
      (a) Seed harvested and processed in :
          — Federal Republic of Germany
             (DM)                                   61,11          60,59        61,33         61,99        62,07            62,86
          —   Netherlands (Fl)                      67,95          67,36        68,19         68,92        69,01            69,86
          —   BLEU (Bfrs/Lfrs) .                 1 243,77       1 233,10     1 248,22      1 261,64     1 263,28         1 276,95
          —   France (FF)                          196,02         194,28       196,70        198,85       199,08           201,27
          —   Denmark (Dkr)                        230,02         228,05       230,84        233,32       233,63           236,16
          —   Ireland (£Irl)                        21,817         21,624       21,893        22,132       22,157           22,398
          —   United Kingdom (£)                     17,256        17,089       17,287        17,448       17,459           17,636
          —   Italy (Lit)                       43 158        42 789        43 299        43 697       43 754           43 995
          —   Greece (Dr)                        4 315,60       4 261,32     4 293,91      4 313,20     4 314,05         4 270,47
      (b) Seed harvested     in  Spain   and
          processed :
          — in Spain (Pta)                         561,13         561,13       561,13        561,13       561,13           561,13
          — in another Member State (Pta)        3 718,21       3 686,07     3 723,16      3 757,02     3 763,51         3 776,83
      (c) Seed harvested in Portugal and
          processed :
          — in Portugal (Esc)                      480,01         480,01       480,01        480,01       480,01           480,01
          — in another Member State (Esc)        5185,62        5 142,75     5 142,56      5173,09      5 171,38         5 169,12
 ---pagebreak---   1 . 9 . 89                                        Official Journal of the European Communities                                                  No L 255/37
                                                                              ANNEX III
                                                                      Aids to sunflower seed
                                                                                                                                             (amounts per 100 kg)
                                                              Current             1st period          2nd period           3rd period              4th period
                                                                '0                    io o                110                  12 (')                   10
   1 . Gross aids (ECU) :
       — Spain                                                    6,890                 6,890               6,890                 6,890                   6,890
       — Portugal                                                 0,000                 0,000               0,000                 0,000                   0,000
       — Other Member States                                     20,814                20,945              21,253                21,584                 21,915
  2. Final aids :                                    IIII                                                              I
       (a) Seed harvested and processed in (2) :                             \\\
           — Federal Republic of Germany
               (DM)                                              49,54                 49,85               50,57                 51,36                  52,14
           — Netherlands (Fl)                                    54,90                 55,25               56,06                 56,94                  57,81
           — BLEU (Bfrs/Lfrs)                                1 005,04              1 011,37            1 026,24             1 042,22                 1 058,21
           — France (FF)                                       157,16                158,19              160,56                163,12                  165,67
           — Denmark (Dkr)                                     185,87                187,04              189,79                192,75                  195,70
           — Ireland (£ Irl)                                     17,492                17,606              17,870                18,155                 18,439
           — United Kingdom (£)                                  13,501                13,600              13,784                13,970                 14,205
           — Italy (Lit)                                  34 909                  35128               35 626              36 090                   36 644
           — Greece (Dr)                                    3 320,52               3 333,42            3 355,72             3 374,28                 3 434,74
       (b) Seed    harvested     in   Spain   and
           processed :
           — in Spain (Pta)                                  1 053,45              1 053,45            1 053,45             1 053,45                 1 053,45
           — in another Member State (Pta)                  3 513,16               3 532,21            3 565,89             3 605,31                 3 655,65
       (c) Seed harvested in Portugal and
           processed :
           — in Portugal (Esc)                                    0,00                  0,00                0,00                  0,00                    0,00
           — in Spain (Esc)                                 6 338,55               6 364,62            6 351,14             6 387,46                 6 443,54
           — in another Member State (Esc)                  6 177,46               6 202,88            6 189,73             6 225,13                 6 279,79
  3. Compensatory aids :                                                     |||||1
       — in Spain (Pta)                                     3 467,28               3 486,34            3 520,02             3 559,44                 3 609,78
  4. Special aid :                                   \                       ll
       — in Portugal (Esc)                                  6 177,46               6 202,88            6 189,73             6 225,13                 6 279,79
  (*) Subject to the consequences of the application of the system of maximum guaranteed quantities.
  (2) 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 1,0260760
                                                                              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 ECU 1)
I                                                Current
                                                    9
                                                                      1st period
                                                                          10
                                                                                          2nd period
                                                                                               11
                                                                                                            3rd period
                                                                                                                 12
                                                                                                                               4th period
                                                                                                                                      1
                                                                                                                                                     5th period
                                                                                                                                                          2
  DM                                              2,077040               2,073550            2,070090          2,066750           2,066750              2,059590
  Fl                                              2,342370               2,338740            2,335110          2,331590            2,331590             2,324460
  Bfrs/Lfrs                                     43,410600              43,386000            43,361200        43,333300           43,333300             43,294800
  FF                                              7,003540               7,003710            7,003750          7,003810           7,003810              7,010170
  Dkr                                             8,067060               8,068130            8,069570          8,072300           8,072300              8,087410
  £Irl                                            0,777414               0,777101            0,777558          0,777832           0,777832              0,781437
  £                                               0,675448               0,677912            0,680442          0,682809           0,682809              0,684375
  Lit                                        1 488,89               1 493,18            1 497,13          1 501,14           1 501,14              1 514,94
  Dr                                           178,64200              180,20600            181,88900        184,00200           184,00200             190,34700
  Esc                                          173,44900              174,04800            174,74500        175,69600           175,69600             178,69300
  Pta                                          129,75500              130,37900            130,97800        131,45100           131,45100             133,10300