CELEX: 31976R0383
Language: en
Date: 1976-02-21 00:00:00
Title: Commission Regulation (EEC) No 383/76 of 20 February 1976 fixing the amount of the subsidy on oil seeds

21 . 2. 76                                Official Journal of the European Communities                           No L 45/33
                                      COMMISSION REGULATION (EEC) No 383/76
                                                        of 20 February 1976
                                         fixing the amount of the subsidy on oil seeds
 THE COMMISSION OF THE EUROPEAN                                       mining world market prices for oil seeds and fixed the
 COMMUNITIES,                                                         frontier crossing point at Rotterdam ;
 Having regard to the Treaty establishing the European
 Economic Community,                                                  Whereas Article 1 of that Regulation provides that
                                                                      when the world market price is being determined
                                                                      account should be taken of all offers on the world
 Having regard to Council Regulation No 136/                          market known to the Commission and of quotations
 66/EEC of 22 September 1966 on the establishment                     on those exchanges which are significant for interna­
 of a common organization of the market in oils and                   tional trade ; whereas Article 2 of Commission Regula­
 fats ('), as last amended by Regulation (EEC) No                     tion No 225/67/EEC of 28 June 1967 on detailed
 1707/73 (2), and in particular Article 27 (4) thereof,               rules for determining the world market price for oil
                                                                      seeds (6), as last amended by Regulation (EEC) No
                                                                      335/76 (7), provides that offers and quotations which
 Having regard to the opinion of the Monetary                         do not relate to shipments to be effected within 30
 Committee,                                                           days following the date On which the world market
                                                                      price is determined should be disregarded ; whereas
                                                                      offers and quotations which the Commission believes,
Whereas Article 27 of Regulation No 136/66/EEC                        in view of general price movements or information
 provides that a subsidy should be granted in respect of              available to it, not to be representative of the real
 oil seeds harvested and processed within the Commu­                  trend of the market must also be disregarded ; whereas
 nity when the target price for a species of seed is                  offers and quotations relating to quantities of less than
 higher than the price on the world market ; whereas                  500 metric tons and offers relating to seed of a quality
 these provisions apply only in respect of colza, rape                other than that normally acceptable on the world
 and sunflower seeds ;                                                market must also be disregarded ;
Whereas the subsidy on oil seeds should, theoretically,
 be equal to the difference between those two prices ;                Whereas Article 3 of Regulation No 225/67/ EEC
                                                                      provides that of the offers and quotations taken into
                                                                      consideration, those for delivery c and f should be
                                                                      increased by 0-2 % ; whereas offers and quotations for
Whereas the target price for each species of seed was
                                                                      delivery fas, fob or otherwise should be increased, as
 fixed by Council Regulation (EEC) No 657/75 of 4
March 1975 fixing target and basic intervention prices                appropriate, by loading, transport and insurance costs
                                                                      from the point of shipment or loading to the frontier
 for oil seeds for the 1975/76 marketing year (3), as
                                                                      crossing point ; whereas cif offers and quotations for
amended by Regulation (EEC) No 2505/75 (4) ;
                                                                      frontier crossing points other than Rotterdam should
                                                                      be adjusted to allow for the difference in transport
                                                                     costs as compared with a product delivered cif
Whereas Article 29 of Regulation No 136/66/EEC                        Rotterdam ; whereas the Commission should take
 provides that the world market price, calculated for a               account only of the loading, transport and insurance
 Community frontier crossing point, is to be deter­                   costs which to its knowledge are the lowest ; whereas,
 mined on the basis of the most favourable purchasing                 finally, offers and quotations for delivery cif
opportunities, quotations being adjusted where neces­                 Rotterdam should be increased by 0-20 unit of
sary to take account of quotations for competing                     account ;
products ;
Whereas Article 4 of Council Regulation No 1 1 5/                    Whereas Article 5 of Regulation No 115/67/EEC
67/EEC of 6 June 1967 (5) laid down criteria for deter­              provides that the world market price should be deter­
                                                                      mined for seed of the standard quality for which the
(!)  OJ   No 172, 30 . 9 . 1966, p. 3025/66.                         target price has been fixed, delivered in bulk ;
0    OJ   No L 175, 29 . 6 . 1973 , p. 5 .
(>)  OJ   No L 72, 20 . 3 . 1975, p. 3 .
(<)  OJ   No L 256, 2. 10 . 1975, p. 1 .                             (<>) OJ No 136, 30. 6. 1967, p. 2919/67.
(5 ) OJ   No 111 , 10 . 6 . 1967, p. 2196/67 .                       (7) OJ No L 42, 18 . 2. 1976, p. 7.
 ---pagebreak--- No L 45/34                        Official Journal of the European Communities                               21 . 2. 76
Whereas Article 3 of Regulation No 225/67/EEC               — the difference between the price of 100 kg of
provides that offers and quotations relating to                    colza, rape or sunflower seeds, plus processing
products presented otherwise than in bulk should be                costs, and the total of the prices of the quantities
adjusted by deducting the additional value resulting               of oil and oil cake resulting from the processing of
from that presentation ; whereas offers and quotations             the type of seed in question, and
relating to a quality other than the standard quality
for which the target price was fixed should be adjusted     — the difference between the price of 100 kg of one
on the basis of the coefficients of equivalence shown              or more other seeds, plus processing costs, and the
in the Annex to that Regulation ; whereas, in the case             total of the prices of the quantities of oil and oil
of offers on the world market for qualities of colza               cake resulting from the processing of these seeds ;
and rape seed other than those listed in that Annex,
coefficients of equivalence derived from those listed
                                                            Whereas the factors to be taken into consideration for
in that Annex may* pursuant to Article 4 of Regula­
tion No 225/67/EEC, be applied ; whereas, when               the purpose of determining that margin are defined in
derived coefficients are being calculated, account must     Article 8 of Regulation No 225/67/EEC ; whereas no
be taken of the differences between prices for the qual­     adjustment should be made where the margin is
ities of seed in question and prices for the qualities       found to be less than 0-50 unit of account ; whereas
listed in that Annex, and of the characteristics of these    Article 6 (2) of Regulation No 115/67/EEC provides
various seeds ;                                              that, when the amount of the adjustment is being
                                                             determined, account should be taken of the incidence
                                                             of the margin in question on marketing operations of
                                                             Community traders and on the disposal of the various
Whereas Article 2 of Regulation No 115/67/EEC                types of seed on the world market ;
provides that, where no offer or quotation can be used
as a basis for determining the world market price, that
 price should be determined on the basis of the value        Whereas Council Regulation (EEC) No 2114/71 of 28
of the average quantities of oil and oil cake resulting      September 1971 on the subsidy for oil seeds ('), as
 from the processing of 100 kg of seed within the            amended by Regulation (EEC) No 2730/71 (2), laid
 Community less an amount corresponding to the cost          down rules for granting the subsidy on oil seeds ;
 of processing these seeds into oil and oil cake ;           whereas under that Regulation, where the subsidy to
whereas the quantities and costs to be taken into            be granted is fixed in advance, the amount of such
 consideration for the purposes of the calculation are       subsidy must be equal to the amount applicable on
 fixed in Article 5 of Regulation No 225/67/EEC ;             the day on which the application for advance fixing
 whereas the value of those quantities should be deter­      was lodged, adjusted by the difference between the
 mined in accordance with the provisions of Article 6         target price valid on that day and the target price valid
 of that Regulation ;                                         on the day on which the seeds are placed under
                                                              control at an oil mill and, where appropriate, a correc­
                                                              tive amount ; whereas Article 36 of Commission Regu­
                                                              lation (EEC) No 1204/72 of 7 June 1972 laying down
 Whereas Article 3 of Regulation No 115/67/EEC                detailed rules for the application of the subsidy system
 provides that, where no offer or quotation can be used       for oil seeds (3), as last amended by Regulation (EEC)
 as a basis for determining the world market price and        No 3237/75 (4), provides that such adjustment should
 where it is, moreover, impossible to establish the value     involve increasing or reducing the amount of subsidy
 of the oil or oil cake processed from such seed, the         applicable on the day on which the application was
 world market price should be determined on the basis         lodged by the difference between the target price valid
 of the most recent known value for oil or oil cake,          during the month during which the seeds were placed
 adjusted to take account of the trend of world prices        under control at an oil mill and the target price valid
 for competing products by applying to that value the         on the day on which the application was lodged ;
 rules set out in Article 2 of Regulation No 115/
 67/EEC ; whereas Article 7 of Regulation No 225/
  67/EEC defines competing products as those oils or          Whereas Article 38 of Regulation (EEC) No 1204/72
 oil cakes, as the case may be, which appear to have          provides that the corrective amount must be equal to
  been offered in the largest quantities on the world         the difference between the world market price for
  market during the period under consideration ;              colza, rape and sunflower seeds and the forward price
                                                               for those seeds valid for a shipment effected during
                                                               the month in which the seeds were placed under
                                                               control at an oil mill, those prices being determined
 Whereas Article 6 ( 1 ) of Regulation No 115/67/EEC           in accordance with Articles 1 , 4 and 5 of Regulation
  provides that, when the world market price of a type
  of seed is being determined, the price used should be        (') OJ   No L  222,  2. 10. 1971 , p. 2.
                                                               (2) OJ  No  L  282,  23. 12. 1971 , p. 18 .
  adjusted by an amount not exceeding the margin               (3) OJ   No  L 133,  10. 6. 1972, p. 1 .
  between :                                                    (4) OJ   No L  321 , 12. 12. 1975, p. 18.
 ---pagebreak--- 21 . 2. 76                         Official Journal of the European Communities                         No L 45/35
115/67/EEC ; whereas, if no offer and no price can be         nable only on the basis of the indicative price for the
used for such determination, the method of calcula­           month of July 1975, this amount may, therefore, be
tion provided for in Article 38 of Regulation (EEC)           applied on a temporary basis and should be confirmed
No 1 204/72 should be used ; whereas the abovemen­            or replaced when the indicative price for the 1976/77
tioned difference may be adjusted pursuant to Article         marketing year is known ;
39 of Regulation (EEC) No 1204/72, account being
taken of prices for soya seeds on the world market ;          Whereas it follows from applying all these provisions
                                                              to the offers and quotations known to the Commis­
Whereas the subsidy should be fixed whenever the              sion that the subsidy on colza, rape and sunflower
market situation makes it necessary and in such a way         seeds should be fixed as shown in the table annexed
as to ensure its being applied at least once a week ;         to this Regulation,
whereas the subsidy may be altered whenever it
becomes obvious that such alteration is necessary ;
                                                              HAS ADOPTED THIS REGULATION :
Whereas, if the subsidy system is to operate normally,
subsidies should be calculated on the following basis :                             Article 1
— in the case of currencies which are maintained in
                                                              1 . The amount of the subsidy referred to in Article
     relation to each other, at any given moment,             27 of Regulation No 136/66/EEC is hereby fixed as
     within a band of 2-25 % , a rate of exchange based       shown in the table annexed to this Regulation.
     on their effective parity ;
— for other currencies an exchange rate based on the          2. The amount of the subsidy for the month of
     arithmetic mean of the spot market rates of each         July 1976 will, however, as for colza and rape seeds,
     of these currencies recorded for a given period, in      be confirmed or replaced as from 23 February 1976 to
     relation to the Community currencies referred to         take into account the indicative price which is fixed
     in the previous subparagraph ;                           for these products for the 1976/77 marketing year.
Whereas in the absence of the indicative price for the                              Article 2
1976/77 marketing year for colza and rape seed in
case of pre-fixation for the month of July 1976 the           This Regulation shall enter into force on 23 February
amount of subsidy on these products has been obtai­           1976 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 20 February 1976.
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                   Member of the Commission
 ---pagebreak--- No L 45/ 36                        Official Journal of the European Communities                             21 . 2. 76
                                                       ANNEX
            to the Commission Regulation of 20 February 1976 fixing the amount of the subsidy on oil
                                                         seeds
            Subsidy applicable from 23 February 1976 to colza and rape seeds (CCT heading No ex 12.01 ) and
                                 sunflower seeds (CCT heading No ex 12.01 ) (u.a./ 100 kg)
                                                                   Colza and rape seed     Sunflower seed
            Subsidy                                                       10-054                4-322
            Subsidy in the case of advance fixing :
            — for the month of February 1976                              10-054                4-322
            — for the month of March 1976                                 10-354                4-672
            —   for the month  of April 1976                              10-274                5-075
            —   for the month  of May 1976                                10-193                5-075
            —   for the month  of June 1976                               10-112
            —   for the month  of July 1976                                7-932