CELEX: 31989R3010
Language: en
Date: 1989-10-06 00:00:00
Title: Commission Regulation (EEC) No 3010/89 of 5 October 1989 fixing the amount of the subsidy on oil seeds

6. 10 . 89                                 Official Journal of the European Communities                            No L 288 / 17
                                      COMMISSION REGULATION (EEC) No 3010/89
                                                         of 5 October 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 ^eed from third coun­
Having regard to the Treaty establishing the European                 tries have been fixed by Commission Regulation (EEC)
Economic Community,                                                   No 2869/87 f);
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
Having regard to Council Regulation No 136/66/EEC of                  teed quantities for the 1989/90 marketing year has been
22 September 1966 on the establishment of a common                    fixed by Commission Regulation (EEC) No 2625/89 (l0) ;
organization of the market in oils and fats ('), as last
amended by Regulation (EEC) No 2902/89 (2), and in
particular Article 27 (4) thereof,                                    Whereas the abatement of the subsidy for sunflower seed
                                                                      which arises, where appropriate, from the system of
Having regard to Council Regulation (EEC) No                          maximum guaranteed quantities for the 1989/90 marke­
 1678/85 (3) fixing the conversion rates to be applied in             ting year, has been fixed by Commission Regulation
agriculture, as last amended by Regulation (EEC) No                   (EEC) No 2957/89 (»);
2908/89 (4),
Having regard to Council Regulation (EEC) No 1569/72                  Whereas Article 29 of Regulation No 136/66/EEC
of 20 July 1972 laying down special measures for colza,               provides that the world market price, calculated for a
rape and sunflower seed (% as last amended by Regulation              Community frontier crossing point, is to be determined
(EEC) No 2216/88 (*), and in particular Article 2 (3)                 on the basis of the most favourable purchasing opportuni­
thereof,                                                              ties, quotations being adjusted where necessary to take
                                                                      account of quotations for competing products ;
Having regard to the opinion of the Monetary Committee,
Whereas Article 27 of Regulation No 136/66/EEC                        Whereas Article 4 of Council Regulation No 1 1 5/67/EEC
provides that a subsidy should be granted in respect of oil           of 6 June 1967 laying down criteria for determining
seeds harvested and processed within the Community                    world market prices for oil seeds and fixing the frontier
when the target price for a species of seed is higher than            crossing point (12), as last amended by Regulation (EEC)
the price on the world market ; whereas these provisions              No 1983/82 (13), fixed the said crossing point at
at present apply only in respect of colza, rape and                    Rotterdam ; whereas Article 1 of that Regulation provides
sunflower seeds ;                                                      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/
                                                                       67/EEC of 28 June 1967 on detailed rules for determi­
Whereas the target price and the monthly increases in the              ning the world market price for oil seeds (l4), as last
 target price for colza, rape and sunflower seed for the               amended by Regulation (EEC) No 2869/87, provides that
 1989/90 marketing year were fixed by Regulations (EEC)                offers and quotations which do not relate to shipments to
 No 1228/89 0 and (EEC) No 1229/89 (8);                               be effected within 30 days following the date on which
                                                                       the world market price is determined should be disre­
Whereas a supplement to the target price for 'double zero'            garded ; whereas offers and quotations which the
colza and rape seed was fixed in Regulation (EEC) No                   Commission believes, in view of general price movements
 1228/89 ;                                                             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
                                                                       must also be disregarded ;
(') OJ No 172, 30. 9. 1966, p. 3025/66.
0   OJ  No  L 280,  29 . 9. 1989,  p. 2.
(3) OJ  No  L  164, 24.  6. 1985,  p. 11 .                             (') OJ No L 273, 26. 9. 1987, p. 16.
(4) OJ  No  L  280, 29 . 9. 1989,  p. 11 .                             H OJ No L 254, 31 . 8 . 1989, p. 9.
 0  OJ  No  L  167, 25.  7. 1972,  p. 9.                               (") OJ No L 281 , 30. 9 . 1989, p. 91 .
(«) OJ  No  L  197, 26.  7. 1988 , p. 10.                              (>2) OJ No 111 , 10. 6. 1967, p. 2196/67.
0   OJ  No  L  128, 11 . 5. 1989,  p. 20.                              (l3) OJ No L 215, 23 . 7. 1982, p. 6.
(8  OJ  No  L  128, 11 . 5. 1989,  p. 22.                               '<) OJ No 136, 30. 6. 1967, p. 2919/67.
 ---pagebreak--- No L 288 / 18                          Official Journal of the European Communities                                  6. 10 . 89
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 (2), 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 (3), 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 tmd         valid for a shipment effected during the month in which
 costs to be taken into consideration for 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 115/67/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         (2) OJ No  L 197, 26. 7. 1988, p. 9.
 oil cake processed from such seed, the world market price        (3)  OJ No  L 266, 28. 9. 1983, p. 1 .
 should be determined on the basis of the most recent               4) OJ No  L 187, 1 . 7. 1989, p. 130.
 ---pagebreak--- 6. 10 . 89                               Official Journal of the European Communities                             No L 288 / 19
Whereas the aid for colza, rape or sunflower seed                          central . rate of each of the currencies of the
harvested or processed in Spain or Portugal is to be                       Member States referred to in (a), and
advised as provided for in Council Regulation (EEC) No                  — the spot market rate for the currency of the
478/86 (') ; whereas pursuant to Article 95 (2) and 293 (2)                Member State in question in relation to each of
of the Act of Accession this aid is to be introduced at the
                                                                           the currencies of the Member States referred to in
beginning of the 1986/87 marketing year for seed                           (a), as recorded over a period to be determined ;
harvested in these two Member States :
                                                                   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 of 25 February 1986 laying down general rules for           where, for one or more months, quotations of forward
the mechanism for controlling the prices and the quanti­           exchange rates are not available, the rates adopted for the
ties of certain products in the oils and fats sector released       previous months or the following months, as the case may
for consumption in Spain (2), as amended by Regulation              be, must be used ;
(EEC) No 1930/88 (3), provision is made for the granting
of compensatory aid, subject to certain conditions ;
whereas compensatory aid should be fixed for sunflower              Whereas the subsidy should be fixed whenever the
seeds harvested in Spain ;                                          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 (4),
provides for the granting of a special subsidy for
sunflower seed harvested and processed in Portugal ;                Whereas it follows from applying these provisions to the
whereas the amount of this subsidy should be fixed ;                offers and quotations known to the Commission that,
                                                                    pursuant to Article 33 of Regulation (EEC) No 2681 /83
                                                                    the amount of the subsidy in ecus and the amount of the
                                                                    subsidy in each of the national currencies must be fixed
Whereas Article 33 of Regulation (EEC) No 2681 /83                  in accordance with the Annex to this Regulation ;
provides for the publication of the amount of the final             whereas, pursuant to the same Article, the spot and
subsidy obtained from the conversion into each of the               forward exchange rates for the ecu in national currencies
national currencies of the amount in ecus resulting from            determined in accordance with Article 4 of Regulation
the calculation referred to above plus or minus the diffe­          (EEC) No 1813/84 must also be published,
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
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        HAS ADOPTED THIS REGULATION :
lation or the subsidy of the coefficient derived from the
percentage referred to in Article 2 ( 1 ) of Regulation (EEC)
 No 1569/72 ; whereas, according to these provisions, this
percentage represents :
                                                                                              Article 1
(a) for those Member States whose currencies are main­
     tained as between themselves within a spread at any             1 . The amounts of the subsidy and the exchange rates
     given moment of 2,25 % , the difference between :              referred to in Article 33 (2) and (3) of Regulation (EEC)
                                                                    No 2681 /83 shall be as set out in the Annex hereto.
     — the     conversion     rate  used under the    common
         agricultural policy, and                                   2. The amount of the compensatory aid referred to in
                                                                    Article 14 of Regulation (EEC) No 475/86 shall be as
     — the conversion rate resulting from the central rate ;        shown in Annex III to this Regulation for sunflower seed
                                                                    harvested in Spain.
(b) for the other Member States, the difference between :
                                                                    3. The amount of the special subsidy provided
     — the relationship between the conversion rate used            for by Regulation (EEC) 1920/87 for sunflower seed
         under the common agricultural policy for the               harvested and processed in Portugal is fixed in Annex III.
         currency of the Member State concerned and the
(') OJ  No   L 53, 1 . 3. 1986, p. 55.
(2  OJ  No   L 53, 1 . 3. 1986, p. 47.                                                        Article 2
(3) OJ  No   L  170, 2. 7. 1988, p. 3.
0   OJ  No   L  183, 3. 7. 1987, p. 18.
0   OJ  No   L  170, 29 . 6. 1984, p. 41
¥) OJ No L 50, 22. 2. 1989, p. 7.                                   This Regulation shall enter into force on 6 October 1989 .
 ---pagebreak---      No L 288 /20                           Official Journal of the European Communities                                 6 . 10 . 89
                        This Regulation shall be binding in its entirety and directly applicable in all Member
                        States.
                        Done at Brussels, 5 October 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)
                                                 Current       1st period  2nd period     3rd period     4th period       5th period
                                                    10             11           12             1              2                 3
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                           22,276         22,544       22,622        22,741         22,974            23,263
2. Final aids :                              \                                                         \
    (a) Seed harvested and processed in :
        — Federal Republic of Germany
            (DM)                                    52,91          53,54        53,73         54,02          54,57             55,44
        — Netherlands (Fl)                          58,76          59,47        59,67         60,05          60,66             61,67
        — BLEU (Bfrs/Lfrs)                       1 075,64       1 088,58     1 092,35      1 098,09       1 109,34          1 123,74
        — France (FF)                              169,06         171,13       171,71        172,60         174,40            176,63
        — Denmark (Dkr)                            198,93         201,32       202,02        203,08         205,16            207,74
        — Ireland (£ Irl)                           18,817         19,047       19,111        19,211         19,410            19,659
        — United Kingdom (£)                        14,627         14,817       14,844        14,886         15,049            15,152
        — Italy (Lit) s                         37 019        37 468       37 596         37 773         38 163           38 494
        — Greece (Dr)                            3 619,50       3 655,28    3 631,69       3 617,87       3 659,41          3 624,73
    (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)          3 165,38       3 206,20     3 213,85      3 224,61       3 260,27          3 282,20
    (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)          4 478,13       4 476,16    4 477,11       4 475,67       4 512,83          4 510,80
 ---pagebreak--- 6. 10 . 89                                 Official Journal of the European Communities                              No L 288/21
                                                               ANNEX II
                                              Aids to colza and rape seed 'double zero'
                                                                                                                 (amounts per 100 kg)
                                                Current       1st period   2nd period   3rd period    4th period       5th period
                                                   10             11           12            1             2                3
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                          24,776         25,044       25,112       25,241        25,474           25,763
2. Final aids :                                                          l            \             l
    (a) Seed harvested and processed in :
        — Federal Republic of Germany
           (DM)                                    58,81          59,44        59,63        59,93         60,48            61,34
        — Netherlands (Fl)                         65,36          66,06        66,27        66,64         67,26            68,27
        — BLEU (Bfrs/Lfrs)                      1 196,36       1 209,30     1 213,06     1 218,81      1 230,06         1 244,45
        — France (FF)                             188,31         190,38       190,95       191,85        193,64           195,87
        — Denmark (Dkr)                           221,25         223,64       224,34       225,40        227,48           230,07
        — Ireland (£ Irl)                          20,959         21,189       21,253       21,353        21,552           21,800
        — United Kingdom (£)                       16,380         16,570       16,597       16,640        16,803            16,906
        — Italy (Lit)                         41 202         41 650        41 778       41 955        42 345           42 677
        — Greece (Dr)                          4 067,97        4 103,74     4 080,16     4 066,34      4,107,88         4 073,19
    (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)        3 547,62        3 588,44     3 596,09     3 606,85      3 642,51         3 666,44
    (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)        4 958,13        4 956,17     4 957,12     4 955,67      4 992,84         4 990,80
 ---pagebreak--- No L 288/22                                       Official Journal of the European Communities                                                        6. 10 . 89
                                                                          ANNEX III
                                                                   Aids to sunflower seed
                                                                                                                                           (amounts per 100 kg)
                                                           Current             1st period            2nd period         3rd period               4th period
                                                             10                     11                    12                   1                      2
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                                    30,018                 30,136               30,267               30,581                  31,336
2. Final aids :                                    \                                             \
    (a) Seed harvested and processed in (') :
        — Federal Republic of Germany
            (DM)                                             71,23                  71,51                 71,82                72,57                  74,35
        — Netherlands (Fl)                                   79,18                  79,49                 79,84                80,74                  82,73
        — BLEU (Bfrs/Lfrs)                                1 449,48              1 455,17              1 461,50            1 476,66                1 513,12
        — France (FF)                                       228,36                229,24                230,23               232,65                  238,53
        —» Denmark (Dkr)                                    268,06                 269,12               270,29               273,09                  279,83
        — Ireland (£ Irl)                                    25,417                 25,515                25,624               25,894                 26,549
        — United Kingdom (£)                                 19,934                 20,006                20,068               20,253                 20,814
        — Italy (Lit)                                   49 941                50 135                 50 352             50 855                   52126
        — Greece (Dr)                                     4 961,69              4 964,07              4 945,65            4 966,86                5 115,83
    (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)                   3 663,34              3 682,35              3 697,19            3 735,66                3 848,81
    (c) Seed harvested in Portugal and
        processed :
        — in Portugal (Esc)                                    0,00                   0,00                 0,00                  0,00                  0,00
        — in Spain (Esc)                                  6 546,14              6 503,22              6 512,38            6 546,66                6 688,87
        — in another Member State (Esc)                   6 379,78              6 337,95              6 346,88            6 380,29                6 518,89
3. Compensatory aids :
    — in Spain (Pta)                                      3 616,99              3 636,00              3 650,83            3 689,31                3 802,46
4. Special aid :
    — in Portugal (Esc)                                   6379,78               6 337,95              6 346,88            6 380,29                6 518,89
(') 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)
                                              Current              1st period          2nd period          3rd period        4th period            5th period
                                                  10                   11                    12                 1                   2                   3
DM                                              2,065230              2,061400             2,057680           2,054330           2,054330             2,044050
Fl                                              2,332010              2,326900             2,321 78Q          2,316980           2,316980             2,303170
Bfrs/Lfrs                                     43,361500             43,321500            43,284700           43,243200          43,243200            43,120000
FF                                              7,002860              7,000640             6,997730           6,994610            6,994610            6,987010
Dkr                                             8,043060              8,039940             8,037830           8,036570           8,036570             8,041490
£Irl                                            0,773856              0,773807             0,773799           0,773598           0,773598             0,772532
£                                               0,680665              0,682883             0,685116           0,687123           0,687123             0,693393
Lit                                        1 503,43 -            1 506,39             1 509,25           1 512,08          1 512,08              1 520,72
Dr                                           180,80800             182,54500            184,68100           186,69600         186,69600             192,26900
Esc                                          174,51400             175,05500            175,72300           176,65500         176,65500             179,55300
Pta                                          130,92900             131,41400            131,86100           132,28900         132,28900             133,45500