CELEX: 31987R3895
Language: en
Date: 1987-12-24 00:00:00
Title: Commission Regulation (EEC) No 3895/87 of 23 December 1987 fixing the amount of the subsidy on oil seeds

24. 12. 87                               Official Journal of the European Communities                           No L 365/ 51
                                    COMMISSION REGULATION (EEC) No 3895/87
                                                     of 23 December 1987
                                      fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Whereas a supplement to the target price for 'double zero
                                                                   colza and rape seed was fixed in Regulation (EEC) No
                                                                    1917/87 ;
Having regard to the Treaty establishing the European
Economic Community,
Having regard to the Act of Accession of Spain and                 Whereas the abatement of the subsidy which arises, where
Portugal,                                                           appropriate, from the system of maximum guaranteed
                                                                    quantities for the 1987/88 marketing year, has been fixed
                                                                    by Commission Regulations (EEC) No 2292/87 (') and
Having regard to Council Regulation No 136/66/EEC of                (EEC) No 2295/87 (10) ;
22 September 1966 on the establishment of a common
organization of the market in oils and fats (') as last
amended by Regulation (EEC) No 1915/87 (2) and in
particular Article 27 (4) thereof,
                                                                    Whereas the standard quality for sunflower seed has been
Having regard to Council Regulation (EEC) No                        changed by the Council for the 1987/88 marketing year ;
1678/85 (3) fixing the conversion rates to be applied in            whereas the coefficients of equivalence applied to the
agriculture, as last amended by Regulation (EEC) No                 prices of sunflower seed from third countries have been
2594/87 (4),                                                        fixed by Commission Regulation (EEC) No 2869/87 (") ;
Having regard to Council Regulation (EEC) No 1569/72
of 20 July 1972 laying down special measures for colza,
rape and sunflower seed (*), as last amended by Regulation          Whereas Article 29 of Regulation No 136/66/EEC
(EEC) No 1869/87 (*), and in particular Article 2 (3)                provides that the world market price, calculated for a
thereof,                                                             Community frontier crossing point, is to be determined
                                                                     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 136/66/EEC
 provides that a subsidy should be granted in respect of oil
 seeds harvested and processed within the Community
when the target price for a species of seed is higher than           Whereas Article 4 of Council Regulation No 115/67/EEC
 the price on the world market ; whereas these provisions            of 6 June 1967 laying down criteria for determining
 at present apply only in respect of colza, rape and                 world market prices for oil seeds and fixing the frontier
 sunflower seeds ;                                                   crossing point (12), as last amended by Regulation (EEC)
                                                                     No 1983/82 (I3), fixed the said crossing point at
                                                                     Rotterdam ; whereas Article 1 of that Regulation provides
 Whereas the subsidy on oil seeds should, theoretically, be          that when the world market price is being determined
                                                                     account should be taken of all offers on the world market
 equal to the difference between those two prices ;
                                                                     known to the Commission and of quotations on those
                                                                     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 (H), as last
 1987/88 marketing year were fixed by Regulations (EEC)              amended by Regulation (EEC) No 2869/87, provides that
 No 1917/87 0 and (EEC) No 1918/87 (8)                               offers and quotations which do not relate to shipments to
                                                                     be effected within 30 days following the date on which
 (>) OJ No  172, 30. 9. 1966, p. 3025/66.
 (2) OJ No  L 183, 3. 7. 1987, p. 7.
 (3) OJ No  L 164, 24. 6. 1985, p. 11 .                              0 OJ No L 209, 31 . 7. 1987, p. 40.
 (*) OJ No  L 245, 29. 8 . 1987, p. 11 .                             (10) OJ No L 209, 31 . 7. 1987, p. 43.
 0   OJ No  L 167, 25. 7. 1972, p. 9.                                (") OJ No L 273, 26. 9. 1987, p. 16.
 I6) OJ No L 176, 1 . 7. 1987, p. 30.                                (12) OJ No 111 , 10. 6. 1967, p. 2196/67.
 f) OJ No L 183, 3. 7. 1987, p. 14.                                  H OJ No L 215, 23. 7. 1982, p. 6.
 (8 OJ No L 183, 3. 7. 1987, p. 16.                                  H OJ No 136, 30. 6. 1967, p. 2919/67.
 ---pagebreak--- No L 365/52                            Official Journal of the European Communities                               24. 12. 87
the world market price is determined should be disre­            be determined in accordance with Article 6 of that
garded ; whereas offers and quotations which the                 Regulation ;
Commission believes, in view of general price movements
or information available to it, not to be representative of
the real trend of the market must also be disregarded ;
                                                                 Whereas Article 3 of Regulation No 1 1 5/67/EEC provides
whereas offers and quotations relating to quantities of less
                                                                 that, where no offer or quotation can be used as a basis
than 500 tonnes and offers relating to seed of a quality         for determining the world market price and where it is,
other than that normally acceptable on the world market
                                                                 moreover, impossible to establish the value of the oil or
must also be disregarded ;
                                                                 oil cake processed from such seed, the world market price
                                                                 should be determined on the basis of the most recent
                                                                 known value for oil or oil cake, adjusted to take account
Whereas Article 3 of Regulation No 225/67/EEC provides           of the trend of world prices for competing products by
that of the offers and quotations taken into consideration,      applying to that value the rules set out in Article 2 of
those for delivery c and f should be increased by 0,2 % ;        Regulation No 11 5/67/EEC ; whereas Article 7 of Regula­
whereas offers and quotations for delivery fas, fob or           tion No 225/67/EEC defines competing products as those
othefwise 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 11 5/67/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 0,242 ECU ;                 where that margin may affect the normal disposal of seeds
                                                                 harvested in the Community ;
Whereas Article 5 of Regulation No 11 5/67/EEC provides
that the world market price should be determined for             Whereas Council Regulation (EEC) No 1594/83 of 14
seed of the standard quality for which the target price has      June 1983 on the subsidy for oil seeds ('), as amended by
been fixed, delivered in bulk :                                   Regulation (EEC) No 935/86 (2), laid down rules for gran­
                                                                  ting the subsidy on oil seeds ; whereas, under that Regula­
                                                                  tion, where the subsidy to be granted is fixed in advance,
                                                                  the amount of such subsidy must be equal to the amount
Whereas Article 3 of Regulation No 225/67/EEC provides           applicable on the day on which the application for
that offers and quotations relating to products presented         advance fixing was lodged, adjusted by the difference
otherwise than in bulk should be adjusted by deducting           between the target price valid on that day and the target
the additional value resulting from that presentation ;           price valid on the day on which the seeds are placed
whereas offers and quotations relating to a quality other         under control at an oil or feed mill and, where appro­
than the standard quality for which the target price was          priate, a corrective amount ; whereas Article 35 of
fixed should be adjusted on the basis of the coefficients of      Commission Regulation (EEC) No 2681 /83 of 21
equivalence shown in the Annex to that Regulation ;               September 1983 laying down detailed rules for the appli­
whereas, in the case of offers on the world market for            cation of the subsidy system for oil seeds (3), as last
qualities of colza and rape seed other than those listed in       amended by Regulation (EEC) No 3857/87 (4), provides
that Annex, coefficients of equivalence derived from those        that such adjustment should involve increasing or redu­
listed in that Annex may, pursuant to Article 4 of Regula­        cing the amount of subsidy applicable on the day on
tion No 225/67/EEC, be applied ; whereas, when derived            which the application was lodged by the corrective
coefficients are being calculated, account must be taken of       amount and the difference between the target prices
the differences between prices for the qualities of seed in       mentioned in Article 35 of Regulation (EEC) No
question and prices for the qualities listed in that Annex,       2681 /83 ;
and of the characteristics of these various seeds :
                                                                  Whereas Article 37 of Regulation (EEC) No 2681 /83
Whereas Article 2 of Regulation No 11 5/67/EEC provides           provides that the corrective amount must be equal to the
that, where no offer or quotation can be used as a basis          difference between the world market price for colza, rape
for determining the world market price, that price should         and sunflower seeds and the forward price for those seeds
be determined on the basis of the value of the average            valid for a shipment effected during the month in which
quantities of oil and oil cake resulting from the proces­         the seeds were placed under control at an oil mill, those
sing of 100 kilograms of seed within the Community less           prices being determined in accordance with Articles 1 , 4
an amount corresponding to the cost of processing these
seeds into oil and oil cake ; whereas the quantities and
                                                                  (') OJ No  L  163, 22.  6. 1983, p. 44.
costs to be taken into consideration for the purposes of          (2) OJ No  L  87, 2. 4. 1986, p. 5.
the calculation are fixed in Article 5 of Regulation No           0   OJ No  L  266, 28 . 9. 1983, p. 1 .
225/67/EEC ; whereas the value of those quantities should         (*) OJ No  L  363, 23.  12. 1987, p. 26.
 ---pagebreak--- 24. 12. 87                                Official Journal of the European Communities                             No L 365/ 53
and 5 of Regulation No 1 1 5/67/EEC ; whereas, if no offer          (a) for those Member States whose currencies are main­
and no price can be used for such determination, the                     tained as between themselves within a spread at any
method of calculation provided for in Article 37 of Regu­                given moment of 2,25 % , the difference between :
lation (EEC) No 2681 /83 should be used ; whereas the                    — the conversion rate used under the common
abovementioned difference may be adjusted in accordance
with Article 38 of Regulation (EEC) No 2681 /83, account                     agricultural policy, and
being taken of the prices of the main competing cereals ;                — the conversion rate resulting from the central rate,
                                                                    (b) for the other Member States, the difference between :
                                                                         — the relationship between the conversion rate used
                                                                             under the common agricultural policy for the
Whereas the aid for colza, rape or sunflower seed                            currency of the Member State concerned and the
harvested or processed in Spain or Portugal is to be                         central rate of each of the currencies of the
advised as provided for in Council Regulation (EEC) No                       Member States referred to in (a), and
478/86 (') ; whereas pursuant to Article 95 (2) and 293 (2)
of the Act of Accession of Spain and Portugal this aid is                — the spot market rate for the currency of the
to be introduced at the beginning of the 1986/87 marke­                      Member State in question in relation to each of
ting year for seed harvested in these two Member States ;                    the currencies of the Member States referred to in
                                                                             (a), as recorded over a period to be determined ;
                                                                     Whereas Regulation (EEC) No 1813/84 specifies the spot
                                                                     and forward exchange rates and the period to be used for
Whereas, in Article 14 of Council Regulation (EEC) No                calculating the differential amounts ; whereas in cases
475/86 (2) of 25 February 1986 laying down general rules             where, for one or more montlis, quotations of forward
 for the mechanism for controlling the prices and the                exchange rates are not available, the rates adopted for the
 quantities of certain products in the oils and fats sector          previous months or the following months, as the case may
 released for consumption in Spain provision is made for             be, must be used ;
 the granting of compensatory aid, subject to certain
 conditions ; whereas compensatory aid should be fixed for
 sunflower seeds harvested in Spain ;                                Whereas the subsidy should be fixed whenever the
                                                                     market situation makes it necessary and in such a way as
                                                                     to ensure its being applied at least once a week ; whereas
                                                                     the subsidy may be altered whenever it becomes obvious
                                                                     that such alteration is necessary ;
 Whereas Council Regulation (EEC) No 1920/87 (3),
 provides for the granting of a special subsidy for                  Whereas it follows from applying these provisions to the
 sunflower seed harvested and processed in Portugal ;                offers and quotations known to the Commission that,
 whereas the amount of this subsidy should be fixed ;                pursuant to Article 33 of Regulation (EEC) No 2681 /83
                                                                     the amount of the subsidy in ECU and the amount of the
                                                                     subsidy in each of the national currencies must be fixed
                                                                     in accordance with the Annex to this Regulation ;
                                                                     whereas, pursuant to the same Article, the spot and
                                                                     forward exchange rates for the ECU in national currencies
 Whereas Article 33 of Regulation (EEC) No 2681 /83                  determined in accordance with Article 4 of Regulation
  provides for the publication of the amount of the final            (EEC) No 1813/84 must also be published,
  subsidy obtained from the conversion into each of the
  national currencies of the amount in ECU resulting from
  the calculation referred to above plus or minus the diffe­
  rential amount ; whereas Article 1 of Commission Regula­
  tion (EEC) No 1813/84 (4), as last amended by Regulation
  (EEC) No 2138/87 (*), defined the elements which deter­
  mine the differential amounts ; whereas these elements              HAS ADOPTED THIS REGULATION :
  are equal to the incidence on the target price less 7,5 %
  or the subsidy of the coefficient derived from the percen­
  tage referred to in Article 2 (1 ) of Regulation (EEC) No
  1 569172 ; whereas, according to these provisions, this
  percentage represents :                                                                       Article 1
  (') OJ  No L  53, 1 . 3. 1986, p. 55.
  (2) OJ  No L  53, 1 . 3. 1986, p. 47.                               1 . The amounts of the subsidy and the exchange rates
  (?) OJ  No L  183, 3. 7. 1987.                                      referred to in Article 33 (2) and (3) of Regulation (EEC)
  (4) OJ  No L  170, 29. 6. 1984, p. 41 .
  f5) OJ  No L  200, 21 . 7. 1987, p. 9.                              No 2681 /83 shall be as set out in the Annex hereto.
 ---pagebreak---     No L 365/ 54                            Official Journal of the European Communities                                     24. 12. 87
    2. The amount of the compensatory aid referred to in                    harvested and processed in Portugal is fixed in Annex III.
    Article 14 of Regulation (EEC) No 475/86 shall be as
    shown in Annex III to this Regulation for sunflower seed                                          Article 2
    harvested in Spain.
    3. The amount of the special subsidy provided                           This Regulation shall enter into force on 24 December
    for by Regulation (EEC) 1920/87 for sunflower seed                      1987.
                        This Regulation shall be binding in its entirety and directly applicable in all Member
                        States .
                        Done at Brussels, 23 December 1987.
                                                                                      For the Commission
                                                                                       Frans ANDRIESSEN
                                                                                           Vice-President
                                                                 ANNEX I
                                          Aids to colza and rape seed other than 'double zero'
                                                                                                                   (amounts per 100 kilograms)
                                                 . Current      1st period        2nd period      3rd period    4th period      5th period
                                                      12             1                 2               3             4                5
1 . Gross aids (ECU) :                       \               I                 I
    — Spain                                            0,000          0,000             0,000           0,000         0,000            0,000
    — Portugal                                         0,000          0,000             0,000           0,000         0,000            0,000
    — Other Member States                             21,700        22,434            22,644          23,699        24,096           24,654
2. Final aids :                              \               l                 \                              \
    (a) Seed harvested and processed in :    \               I                                                \
        — Federal Republic of Germany        \               \                                  \             \
           (DM)                                       52,88         54,61             55,14           57,71         58,66            60,28
        —   Netherlands (Fl)                          58,62         60,57             61,14           64,04         65,10            66,89
        —   BLEU (Bfrs/Lfrs)                       1 039,36      1 074,72          1 084,77        1 134,99      1 154,07         1 176,20
        —   France (FF)                              156,00        161,61            162,84          170,51        173,47           178,41
        —   Denmark (Dkr)                            187,08        193,57            195,37          204,72        208,20           211,35
        —   Ireland (£ Irl)                           17,336        17,961            18,124          18,998        19,328           19,719
        —   United Kingdom (£)                        12,177        12,700            12,815          13,589        13,849           14,110
        —   Italy (Lit)                         32 975         34 180             34 358          35 943        36 577          37 289
        —   Greece (Dr)                            1 883,61      1 969,60          1 977,54        2 116,34      2 167,29         2 178,88
    (b) Seed harvested in Spain and          IIIl                                                             Il
        processed :                          Il                                                 IIIl
        — in Spain (Pta)                               0,00            0,00             0,00            0,00          0,00             0,00
        — in another Member State (Pta)            3 267,24      3 381,24          3 383,76        3 536,93      3 598,15       . 3 654,97
    (c) Seed harvested in Portugal and       I               IlIlII                                                          l
        processed :                          IIIIIl||
        — in Portugal (Esc)                            0,00            0,00             0,00            0,00          0,00             0,00
        — in another Member State (Esc)            4 201,93      4 328,19          4 457,21        4 533,16      4 601,33         4 656,15
 ---pagebreak---   24. 12. 87                                 Official Journal of the European Communities                                No L 365/55
                                                                ANNEX II
                                                Aids to colza and rape seed 'double zero'
                                                                                                             (amounts per 100 kilograms)
\                                                 Current      1st period     2nd period   3rd period    4th period       5th period
                                                     12             1             2             3              4               5
  1 . Gross aids (ECU) :
      — Spain                                         2,500           2,500        2,500         2,500          2,500           2,500
      — Portugal                                      2,500           2,500        2,500         2,500          2,500           2,500
      — Other Member States                          24,200        24,934         25,144       26,199         26,596           27,154
  2. Final aids :                                                           \
      (a) Seed harvested and processed in :                 \
          — Federal Republic of Germany                     \
              (DM)                                   58,85         60,57          61,10        63,67          64,62            66,24
          — Netherlands (Fl)                         65,30         67,26          67,82        70,73          71,79            73,57
          — BLEU (Bfrs/Lfrs)                      1 159,53      1 194,88       1 204,94     1 255,15      1 274,23         1 296,36
          — France (FF)                             174,69        180,30         181,53       189,20         192,16           197,10
          — Denmark (Dkr)                           208,97        215,45         217,26       226,61         230,09           233,24
          — Ireland (£ Irl)                          19,415        20,039         20,203       21,076         21,406           21,798
          — United Kingdom (£)                       13,817         14,341        14,455       15,229          15,490          15,750
          — Italy (Lit)                         36 968         38 172         38 350       39 936        40 570           41 281
          — Greece (Dr)                           2 204,46      2 290,45       2 298,39     2 437,19      2 488,14         2 499,73
      (b) Seed harvested    in   Spain   and ||||||IIII
          processed :                        I              ||\                          \\
          — in Spain (Pta)                          385,53        385,53         385,53       385,53         385,53           385,53
          — in another Member State (Pta)         3 652,78      3 766,77       3 769,30     3 922,46      3 983,69         4 040,50
      (c) Seed harvested in Portugal and                                                 I             \
          processed :                        I                                           I             I               I
          — in Portugal (Esc)                       429,31        429,31         429,31       429,31         429,31           429,31
          — in another Member State (Esc)         4 631,24      4 757,50       4 786,52     4 962,47       5 030,64         5 085,46
 ---pagebreak--- No L 365/56                                       Official Journal of the European Communities                                                       24. 12. 87
                                                                          ANNEX III
                                                                   Aids to sunflower seed
                                                                                                                                    (amounts per 100 kilograms)
                                                           Current            1st period            2nd period          3rd period               4th period
                                                             12                     1                    2                     3                      4
1 . Gross aids (ECU):
    — Spain                                                   3,440                   3,440               3,440                 3,440                  3,440
    — Portugal                                                0,000                   0,000               0,000                 0,000                  0,000
    — Other Member States                                    33,612                33,943               34,134                34,536                  34,868
2. Final aids :                                                                                  I
    (a) Seed harvested and processed in (') :                                                    l                   l
        — Federal Republic of Germany
            (DM)                                             81,25                 82,05                82,54                 83,60                   84,41
        — Netherlands (Fl)                                   90,45                 91,34                91,86                 93,05                   93,94
        — BLEU (Bfrs/Lfrs)                                1 612,07             1 627,95              1 637,07             1 655,71                1 671,63
        — France (FF)                                       245,30                247,72               248,77               251,25                   253,67
        — Denmark (Dkr)                                     291,49                294,36               295,98                299,49                  302,37
        — Ireland (£ Irl)                                    27,268                27,537               27,681                27,979                  28,248
        — United Kingdom (£)                                 20,075                20,275               20,365                20,620                  20,820
        — Italy (Lit)                                   52 066                52 578                52 717              53 173                   53 686
        — Greece (Dr)                                     3 448,45             3 456,96              3 457,19             3 469,59                3 503,93
    (b) Seed harvested in          Spain     and
        processed :
        — in Spain (Pta)                                    530,49                530,49               530,49                530,49                  530,49
        — in another Member State (Pta)                   3 915,91             3 966,62              3 965,1 1            4 013,60                4 064,10
    (c) Seed harvested in Portugal and
        processed :
        — in Portugal (Esc)                                    0,00                   0,00                 0,00                  0,00                   0,00
        — in Spain (Esc)                                  6 708,08             6 758,09              6 782,92             6 833,97                 6 889,97
        — in another Member State (Esc)                   6 490,41             6 538,79              6 562,81             6 612,21                 6 666,39
3. Compensatory aids :
    — in Spain (Pta)                                      3 860,74             3 912,07              3 910,56             3 959,05                 4 009,55
4. Special aid :
    — in Portugal (Esc)                                   6 490,41             6 538,79              6 562,81             6 612,21                 6 666,39
(') 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 1,0335380.
                                                                           ANNEX IV
                          Exchange rate of the ECU to be used for converting final aids into the currency of the
                           processing country when the latter is a country other than the country of production
                                                                                                                                                (value of 1 ECU)
                                               Current             1st period           2nd period        3rd period         4th period            5th period
                                                  12                    1                    2                  3                   4                    5
 DM                                             2,064870              2,059500             2,054110           2,049060           2,049060             2,033820
 Fl                                             2,321810              2,317270             2,313300           2,309760           2,309760             2,298000
 Bfrs/Lfrs                                     43,176700            43,169700             43,171100         43,167900          43,167900             43,161000
 FF                                             6,987310              7,001830             7,016130           7,028200           7,028200             7,070720
 Dkr                                            7,957360              7,972270             7,989900           8,010760            8,010760            8,069730
£ Irl                                           0,777525              0,778392             0,779554           0,780692           0,780692             0,784848
£                                               0,69181 6             0,693042             0,694133           0,695179           0,695179             0,698347
 Lit                                        1 518,18             1 524,30             1 530,31          1 536,45           1 536,45              1 553,93
 Dr                                           163,53500            165,68900             167,72600         169,55200          169,55200             175,61200
 Esc                                          168,70500            169,92600             171,11000         172,46800          172,46800             175,43400 •
 Pta                                          140,08500            140,63600             141,19900         141,84300          141,84300             143,82100