CELEX: 31992R0307
Language: en
Date: 1992-02-08 00:00:00
Title: Commission Regulation (EEC) No 307/92 of 7 February 1992 fixing the amount of the subsidy on oil seeds

No L 32/20                                Official Journal of the European Communities                                 8 . 2. 92
                                      COMMISSION REGULATION (EEC) No 307/92
                                                        of 7 February 1992
                                       fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          1991 /92 marketing year were fixed by Council Regula­
                                                                    tions (EEC) No 1722/91 0 and (EEC) No 1723/91 (8);
Having regard to the Treaty establishing the European
Economic Community,
                                                                    Whereas a supplement to the target price for 'double zero
                                                                    colza and rape seed was fixed by Regulation (EEC) No
                                                                     1722/91 for the 1991 /92 marketing year ;
Having regard to the Act of Accession of Spain and
Portugal,
                                                                    Whereas the abatement of the subsidy for colza and rape
                                                                    seed which arises, where appropriate, from the system of
Having regard to Council Regulation No 136/66/EEC of                maximum guaranteed quantities for the 1991 /92 marke­
22 September 1966 on the establishment of a common                  ting year, has been fixed by Commission Regulation
organization of the market in oils and fats ('), as last            (EEC) No 3207/91 f);
amended by Regulation (EEC) No 1720/91 (2), and in
particular Article 27 (4) thereof,
                                                                    Whereas the abatement of the subsidy for sunflower seed
Having regard to Council Regulation (EEC) No                        which arise from the system of maximum guaranteed
1678/85 (3) fixing the conversion rates to be applied in             quantities for the 1991 /92 marketing year has been fixed
agriculture, as last amended by Regulation (EEC) No                 by Commission Regulation (EEC) 3208/91 (10);
3696/91 (4),
Having regard to Council Regulation (EEC) No 1569/72                Whereas Article 27a (3) of Regulation No 136/66/EEC
of 20 July 1972 laying down special measures for colza,              provides that the adjustment of the amount of aid for
rape and sunflower seed (5), as last amended by Regulation           rapeseed produced in Spain for the 1991 /92 marketing
(EEC) No 2206/90 (6), and in particular Article 2 (3)               year shall be fixed so that the adjusted target price is the
thereof,                                                             same in Spain as in the Community as constituted at 31
                                                                     December 1985 ;
Whereas Article 27 of Regulation No 136/66/EEC
provides that a subsidy should be granted in respect of oil         Whereas Article 29 of Regulation No 136/66/EEC
seeds harvested and processed within the Community                   provides that the world market ' price, calculated for a
when the target price for a species of seed is higher than           Community frontier crossing point, is to be determined
the price on the world market ; whereas these provisions             on the basis of the most favourable purchasing opportuni­
at present apply only in respect of colza, rape and                  ties, quotations being adjusted where necessary to take
sunflower seeds ;                                                    account of quotations for competing products ;
Whereas the subsidy on oil seeds should, theoretically, be
equal to the difference between those two prices ;                  Whereas Article 4 of Council Regulation No 115/67/EEC
                                                                     of 6 June 1967 laying down criteria for determining
                                                                    world market prices for oil seeds and fixing the frontier
                                                                     crossing point ("), as last amended by Regulation (EEC)
Whereas the target price and the monthly increases in the            No 1983/82 ( 2), fixed the said crossing point at
target price for colza, rape and sunflower seed for the              Rotterdam ; whereas Article 1 of that Regulation provides
(') OJ No  172, 30. 9.  1966, p. 3025/66.                            O OJ No L 162, 26. 6. 1991 , p. 31 .
(2) OJ No  L 162, 26.   6. 1991 , p. 27.                            O OJ No L 162, 26. 6. 1991 , p. 33.
O   OJ No  L 164, 24.   6. 1985, p. 11 .                             0 OJ No L 303, 1 . 11 . 1991 , p. 68.
(4) OJ No  L 350, 19.   12. 1991 , p. 22.                            (">) OJ No L 303, 1 . 11 . 1991 , p. 69.
O   OJ No  L 167, 25.   7. 1972, p. 9.                               (") OJ No 111 , 10. 6. 1967, p. 2196/67.
(6) OJ No  L 201 , 31 . 7. 1990, p. 11 .                            (I2) OJ No L 215, 23. 7. 1982, p. 6.
 ---pagebreak--- 8 . 2. 92                              Official Journal of the European Communities                              No L 32/21
that when the world market price is being determined             be determined on the basis of the value of the average
account should be taken of all offers on the world market        quantities of oil and oil cake resulting from the proces­
known to the Commission and of quotations on those               sing of 100 kilograms of seed within the Community less
exchanges which are significant for international trade ;        an amount corresponding to the cost of processing these
whereas Article 2 of Regulation No 225/67/EEC provides           seeds into oil and oil cake ; whereas the quantities and
that offers and quotations which do not relate to ship­          costs to be taken into consideration for the purposes of
ments to be effected within 30 days following the date on        the calculation are fixed in Article 5 of Regulation No
which the world market price is determined should be             225/67/EEC ; whereas the value of those quantities should
disregarded ; whereas offers and quotations which the            be determined in accordance with Article 6 of that
Commission believes, in view of general price movements           Regulation ;
or information available to it, not to be representative of
the real trend of the market must also be disregarded ;
                                                                 Whereas Article 3 of Regulation No 115/67/EEC provides
Whereas offers and quotations relating to quantities of           that, where no offer or quotation can be used as a basis
less than 500 tonnes and offers relating to seed of a             for determining the world market price and where it is,
quality other than that normally acceptable on the world          moreover, impossible to establish the value of the oil or
market 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 115/67/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
product delivered cif Rotterdam ; whereas the Commis­             Whereas, under Article 6 of Regulation No 115/67/EEC,
sion should take account only of the loading, transport           the price determined for colza, rape and sunflower seeds
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 ECU 0,242 ;                  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      Whereas Council Regulation (EEC) No 1594/83 of 14
been fixed, delivered in bulk ;                                   June 1983 on the subsidy for oil seeds ('), as last amended
                                                                  by Regulation (EEC) No 1321 /90 (2), laid down rules for
                                                                  granting the subsidy on oil seeds ; whereas, under that
                                                                  Regulation, where the subsidy to be granted is fixed in
Whereas Article 3 of Regulation No 225/67/EEC provides            advance, the amount of such subsidy must be equal to the
that offers and quotations relating to products presented         amount applicable on the day on which the application
otherwise than in bulk should be adjusted by deducting            for advance fixing was lodged, adjusted by the difference
the additional value resulting from that presentation ;           between the target price valid on that day and the target
whereas offers and quotations relating to a quality other         price valid on the day on which the seeds are placed
 than the standard quality for which the target price was         under control at an oil or feed mill and, where appro­
 fixed should be adjusted on the basis of the coefficients of     priate, a corrective amount ; whereas Article 35 of
 equivalence shown in the Annex to that Regulation ;              Commission Regulation (EEC) No 2681 /83 of 21
whereas, in the case of offers on the world market for            September 1983 laying down detailed rules for the appli­
qualities of colza and rape seed other than those listed in       cation of the subsidy system for oil seeds (3), as last
 that Annex, coefficients of equivalence derived from those       amended by Regulation (EEC) No 2964/91 (4), provides
 listed in that Annex may, pursuant to Article 4 of Regula­       that such' adjustment should involve increasing or redu­
 tion No 225/67/EEC, be applied ; whereas, when derived           cing the amount of subsidy applicable on the day on
 coefficients are being calculated, account must be taken of      which the application was lodged by the corrective
 the differences between prices for the qualities of seed in      amount and the difference between the target prices
 question and prices for the qualities listed in that Annex,      mentioned in Article 35 of Regulation (EEC) No
 and of the characteristics of these various seeds ;              2681 /83 ;
                                                                  (') OJ  No  L  163, 22. 6. 1983, p. 44.
Whereas Article 2 of Regulation No 1 1 5/67/EEC provides          0   OJ  No  L  132, 23. 5. 1990, p. 15.
 that, where no offer or quotation can be used as a basis         (3) OJ  No  L 266,  28. 9. 1983, p. 1 .
 for determining the world market price, that price should        (4) OJ  No  L 282,  10. 10. 1991 , p. 15.
 ---pagebreak--- No L 32/22                               Official Journal of the European Communities                                   8 . 2. 92
Whereas Regulation (EEC) No 59/92 (') limits the validity                   Article 6 ( 1 ) of Regulation (EEC) No 1677/85 (*), as
of the certificate provided for in Article 4 of Council                     last amended by Regulation (EEC) No 2205/90 (%
Regulation (EEC) No 1594/83 to 30 June 1992 ;
                                                                   (b) for Member States other than those referred to in (a),
                                                                        the difference between :
                                                                        — the agricultural conversion rate, and
Whereas Article 37 of Regulation (EEC) No 2681 /83
provides that the corrective amount must be equal to the                — the average rate of the ecu as published in the C
difference between the world market price for colza, rape                   Series of the Official Journal of the European
and sunflower seeds and the forward price for those seeds                   Communities during a period to be determined
valid for a shipment effected during the month in which                     multiplied by the factor referred to in the second
the seeds were placed under control at an oil mill, those                   indent of point (a) ;
prices being determined in accordance with Articles 1 , 4
and 5 of Regulation No 115/67/EEC ; whereas, if no offer
and no price can be used for such determination, the               Whereas Regulation (EEC) No 1813/84 specifies the spot
method of calculation provided for in Article 37 of Regu­          and forward exchange rates and the period to be used for
lation (EEC) No 2681 /83 should be used ; whereas the              calculating the differential amounts ; whereas in cases
abovementioned difference may be adjusted in accordance            where, for one or more months, quotations of forward
with Article 38 of Regulation (EEC) No 2681 /83, account           exchange rates are not available, the rates adopted for the
being taken of the prices of the main competing cereals ;          previous months or the following months, as the case may
                                                                   be, must be used ;
                                                                   Whereas the subsidy should be fixed whenever the
Whereas the aid for colza, rape or sunflower seed                  market situation makes it necessary and in such a way as
harvested or processed in Spain or Portugal is to be               to ensure its being applied at least once a week ; whereas
adjusted as provided for in Council Regulation (EEC) No            the subsidy may be altered whenever it becomes obvious
478/86 (2) ; whereas this aid is, for seed harvested in these      that such alteration is necessary ;
Member States, to be determined in line with the provi­
sions of Articles 95 (2) and (3) and 293 (2) and (3) of the
Act of Accession ;                                                 Whereas it follows from applying these provisions to the
                                                                   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 1 813/84 (3), as last amended by Regulation
(EEC) No 1539/90 (4), 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           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 Annexes hereto.
    — the     conversion      rate  used under the    common
         agricultural policy, and
     — the conversion rate resulting from the central rate                                       Article 2
         multiplied by the correcting factor referred to in
                                                                   This Regulation shall enter into force on 8 February 1992.
(») OJ  No  L  6, 11 . 1 . 1992, p. 15.
O   OJ  No  L  53, 1 . 3. 1986, p. 55.
0   OJ  No  L  170, 29. 6. 1984, p. 41 .                           0 OJ No L 164, 24. 6. 1985, p. 6.
(4  OJ  No  L  145, 8. 6. 1990, p. 20.                             (6) OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- 8 . 2. 92                    Official Journal of the European Communities                        No L 32/23
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 7 February 1992.
                                                                 For the Commission
                                                                  Ray MAC SHARRY
                                                             Member of the Commission
 ---pagebreak--- No L 32/24                                Official Journal of the European Communities                                   8 . 2. 92
                                                             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
                                                   2             3             4             5           6
1 . Gross aids (ECU) :
    — Spain                                       17,535        17,993        18,271        18,579      17,009
    — Portugal                                    26,615        27,073        27,351        27,659      26,089
    — Other Member States                         17,535        17,993        18,271        18,579      17,009
2. Final aids :
    Seed harvested and processed in :
    —   Federal Republic of Germany (DM)          41,28         42,36         43,01         43,74       40,04
    —   Netherlands (Fl)                          46,51         47,73         48,46         49,28       45,12
    —   BLEU (Bfrs/Lfrs)                         851,43        873,67        887,17        902,13      825,89
    —   France (FF)                              138,45        142,07        144,26        146,69      134,30
    —   Denmark (Dkr)                            157,46        161,58        164,07        166,84      152,74
    —   Ireland (£ Irl)                           15,409        15,812        16,056        16,327      14,947
    —   United Kingdom (£)                        13,670        14,038        14,260        14,507      13,227
    —   Italy (Lit)                          30 887        31 694        32 183        32 726      29 961
    —   Greece (Dr)                            4 167,01     4267,23        4300,53       4346,02     3911,52
    —   Spain (Pta)                            2 690,33     2 758,70       2 800,52,     2 845,18    2 613,29
    —   Portugal (Esc)                         5 631,19     5 725,47       5 772,89      5 827,71    5507,09
                                                             ANNEX II
                                             Aids to colza and rape seed 'double zero'
                                                                                                               (amounts per 100 kg)
                                                Current     1st period    2nd period    3rd period  4th period
                                                   2             3             4             5           6
1 . Gross aids (ECU) :                                                                         '
    — Spain                                       18,785        19,243        19,521        19,829      18,259
    — Portugal                                    27,865        28,323        28,601        28,909      27,339
    — Other Member States                         18,785        19,243        19,521        19,829      18,259
2. Final aids :
    Seed harvested and processed in :
    — Federal Republic of Germany (DM)            44,22         45,30         45,96         46,68       42,98
    — Netherlands (Fl)                            49,83         51,04         51,78         52,60       48,43
    — BLEU (Bfrs/Lfrs)                           912,13        934,37        947,87        962,82      886,59
    — France (FF)                                148,32        151,94        154,13        156,56      144,17
    — Denmark (Dkr)                              168,69        172,80        175,30        178,06      163,96
    — Ireland (£ Irl)                             16,508        16,910        17,155        17,425      16,046
    — United Kingdom (£)                          14,664        15,033        15,255        15,501      14,221
    — Italy (Lit)                            33 089        33 896        34 385        34 928      32 162
    — Greece (Dr)                             4 482,17      4 582,38       4 615,68     4 661,17    4 226,67
    — Spain (Pta)                             2 878,86      2 947,24       2 989,05     3 033,72    2 801,83
    — Portugal (Esc)                          5 892,04      5 986,31       6 033,74     6 088,55    5 767,93
 ---pagebreak--- 8 . 2. 92                                      Official Journal of the European Communities                                         No L 32/25
                                                                      ANNEX III
                                                              Aids to sunflower seed
                                                                                                                               (amounts per 100 kg)
l                                                     Current              1st period         2nd period        3rd period          4th period
I                                                        2                      3                  4                 5                   6
  1 . Gross aids (ECU):
      — Spain                                           30,620                 31,544             32,230            31,797              30,782
      — Portugal                                        37,663                 38,578             39,259            38,837              37,837
      — Other Member States                             19,233                 20,148             20,829            20,407              19,407
 2. Final aids :
      (a) Seed harvested and processed in :
           — Federal Republic of Germany
              (DM)                                      45,28                  47,43              49,04             48,04               45,69
         . — Netherlands (Fl)                           51,02                  53,44              55,25             54,13               51,48
           — BLEU (Bfrs/Lfrs)                          933,88                 978,31           1 011,38            990,89              942,33
           — France (FF)                               151,86                 159,08             164,46            161,13              153,23
           — Denmark (Dkr)                             172,71                 180,93             187,04            183,25              174,27
           — Ireland (£ Irl)                            16,901                 17,706             18,304             17,933             17,054
           — United Kingdom (£)                         14,986                 15,726             16,275             15,926             15,110
           — Italy (Lit)                            33 878                35 490              36 689           35 946              34 184
           — Greece (Dr)                             4 563,35              4 784,34            4 923,50          4 763,40            4 486,65
           — Portugal (Esc)                          7 939,90              8 127,07            8 256,64          8 162,74            7 958,52
      (b) Seed harvested     in   Spain  and
           processed :
           — in Spain (Pta)                          4 665,67              4 802,93            4 905,13          4 840,49            4 690,60
           — in another Member State (Pta)           4 711,89              4 847,86            4 949,30          4 886,35            4 738,65
                                                                      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
                                               2                   3                   4                5               6
 DM                                          2,042950            2,041800            2,040570         2,039530        2,039530
 Fl                                          2,299710            2,298490            2,297200         2,296140        2,296140
 Bfrs/Lfrs                                  42,115100          42,085500            42,057900        42,038200      42,038200
 FF                                          6,960370            6,958570            6,957140         6,955860        6,955860
 Dkr                                         7,916300            7,914490            7,912880         7,910990        7,910990
 £Irl                                        0,766797            0,766451            0,765432         0,764839        0,764839
 £                                           0,711092            0,711192            0,711334         0,711368        0,711368
 Lit                                    1 535,40           1 537,34             1 539,23         1 540,77        1 540,77
 Dr                                       236,29700           238,77700           241,32400        243,62000       243,62000
 Esc                                      176,09000           176,94000            177,66400       178,27700       178,27700
 Pta                                      128,61000           128,84500            129,10700       129,35100       129,35100