CELEX: 31978R1315
Language: en
Date: 1978-06-16 00:00:00
Title: Commission Regulation (EEC) No 1315/78 of 15 June 1978 fixing the amount of the subsidy on oil seeds

16 . 6 . 78                                  Official Journal of the European Communities                          No L 158 /31
                                          COMMISSION REGULATION (EEC) No 1315/78
                                                               of 15 June 1978
                                             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 136/66/ EEC                      market known to the Commission and of quotations
 of 22 September 1966 on the establishment of a                           on those exchanges which are significant for interna­
 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
 2560/77 (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
                                                                           1383/77 (7), provides that offers and quotations which
                                                                          do not relate to shipments to be effected within 30
 Having regard to the opinion of the Monetary                             days following the date on which the world market
 Committee,
                                                                          price is determined should be disregarded ; whereas
                                                                          offers and quotations which the Commission believes,
                                                                          in view of general price movements or information
 Whereas Article 27 of Regulation No 136/66/ EEC                          available to it, not to be representative of the real
 provides that a subsidy should be granted in respect of                  trend of the market must also be disregarded ; whereas
 oil seeds harvested and processed within the Commu­                      offers and quotations relating to quantities of less than
 nity when the target price for a species of seed is                      500 tonnes and offers relating to seed of a quality
 higher than the price on the world market ; whereas                      other than that normally acceptable on the world
 these provisions apply only in respect of colza, rape                    market must also be disregarded ;
 and sunflower seeds ;
 Whereas the subsidy on oil seeds should, theoretically,                  Whereas Article 3 of Regulation No 225/67/EEC
 be equal to the difference between those two prices ;                    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 and the monthly increases in                    delivery fas, fob or otherwise should be increased, as
 the target price for oil seeds for the 1977/78                          appropriate, by loading, transport and insurance costs
 marketing year were fixed by Regulations (EEC) No                        from the point of shipment or loading to the frontier
 1069/77(3) and (EEC) No 1070/77(4);                                      crossing point ; whereas cif offers and quotations for
                                                                          frontier crossing points other than Rotterdam should
                                                                         be adjusted to allow for the difference in transport
 Whereas Article 29 of Regulation No 136/66/EEC                          costs as compared with a product delivered cif
                                                                         Rotterdam ; whereas the Commission should take
 provides that the world market price, calculated for a
Community frontier crossing point, is to be deter­                       account only of the loading, transport and insurance
mined       on     the     basis    of     the   moste    favourable     costs which to its knowledge are the lowest ; whereas,
purchasing opportunities, quotations being adjusted                      finally, offers and quotations for delivery cif
where necessary to take account of quotations for                        Rotterdam should be increased by 0-20 unit of
                                                                         account :
competing products ;
 whereas Article 4 of Council Regulation (No 115/                        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 ;
(2)  OJ   No  L 303 , 28 .   11 . 1977, p. 1 .
(J ) OJ   No  L 129 , 25 .   5 . 1977 , p. 5 .
(4 ) OJ   No  L 129, 25.     5 . 1977, p. 6 .                            (6) OJ No 136, 30 . 6. 1967, p . 2919/67.
(5)  OJ   No  111 , 10 . 6 .  1967, p. 2196/67.                          (7) OJ No L 157, 28 . 6 . 1977, p. 15 .
 ---pagebreak--- No L 158 / 32                     Official Journal of the European Communities                              16 . 6 . 78
Whereas Article 3 of Regulation No 225/67/ EEC              — the difference between the price of 100 kilograms
provides that offers and quotations relating to                   of 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 representation ; whereas offers and quota­              the type - of seed in question , and
tions relating to a quality other than the standard
quality for which the target price was fixed should be      — the difference between the price of 100 kilograms
adjusted on the basis of the coefficients of equivalence          of one or more other seeds, plus processing costs,
shown in the Annex to that Regulation ; whereas, in               and the total of the prices of the quantities of oil
the case of offers on the world market for qualities of           and oil cake resulting from the processing of these
colza and rape seed other than those listed in that               seeds ;
Annex, coefficients of equivalence derived from those
listed in that Annex may, pursuant to Article 4 of           Whereas the factors to be taken into consideration for
Regulation No 225/67/EEC, be applied ; whereas,              the purpose of determining that margin are defined in
when derived coefficients are being calculated,              Article 8 of Regulation No 225/ 67/ EEC ; whereas no
account must be taken of the differences between
                                                             adjustment should be made where the margin is
prices for the qualities of seed in question and prices      found to be less than 0-50 unit of account ; whereas
for the qualities listed in that Annex, and of the           Article 6 (2) of Regulation No 115/67/EEC provides
characteristics of these 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 kilograms of seed within          amended by Regulation (EEC) No 851 /78 (2 ), laid
the Community less an amount corresponding to the            down rules for granting the subsidy on oil seeds ;
cost 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 1270/78 (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  1 222, 2. 10 . 1971 , p. 2.
                                                              (2) OJ  No  L 116, 28 . 4. 1978, p. 4.
 adjusted by an amount not exceeding the margin               (3) OJ  No  L 133, 10 . 6. 1972, p. 1 .
 between :                                                    (4) OJ  No  L 156, 14. 6. 1978 , p. 38 .
 ---pagebreak--- 16 . 6 . 78                         Official Journal of the European Communities                       No L 158 /33
 1 15/67/ EEC ; whereas, if no offer and no price can be      July, August, September, October and November
used for such determination, the method of calcula­            1977 and on the basis of the monthly increase for
tion provided for in Article 38 of Regulation (EEC)           September, October and November 1977 ; this
No 1204/ 72 should be used ; whereas the above                amount may, therefore, be applied on a temporary
mentioned difference may be adjusted pursuant to              basis and should be confirmed or replaced when the
Article 39 of Regulation (EEC) No 1204/72, account            indicative price for the 1978 /79 marketing year and
being taken of prices for soya seeds on the world             this increase are known ;
market ;
                                                              Whereas it follows from applying all these provisions
Whereas the subsidy should be fixed whenever the              to the offers and quotations known to the Commis­
market situation makes it necessary and in such a way         sion that the subsidy on colza, rape and sunflower
as to ensure its being applied at least once a week ;         seeds should be fixed as shown in the table annexed
whereas the subsidy may be altered whenever it                to this Regulation ,
becomes obvious that such alteration is necessary ;
Whereas, if the subsidy system is to operate normally,        HAS ADOPTED THIS REGULATION :
subsidies should be calculated on the following basis :
— in the case of currencies which are maintained in                                   Article 1
     relation to each other at any given moment within         1 . The amount of the subsidy referred to in Article
     a band of 2-25 % , a rate of exchange based on           27 of Regulation No 136/66/EEC is hereby fixed as
     their effective parity ;                                 shown in the table annexed to this Regulation .
— for other currencies, an exchange rate based on the
     arithmetic mean of the spot market rates of each         2. The amount of the subsidy for the months of
     of these currencies recorded for a given period in       July, August, September, October and November
     relation to the Community currencies referred to          1978 for colza and rape seed, and for September 1978
     in the previous subparagraph ;                           for sunflower seed will , however, be confirmed or
                                                              replaced as from 16 June 1978 to take into account
Whereas, in the absence of the indicative price for the       the indicative price which is fixed for these products
1978/79 marketing year for colza, rape seed and               for the 1978/79 marketing year and the amount of the
sunflower seed and in the absence of the amount for           monthly increase for the months of September,
the monthly increase for September, October and               October and November 1978 .
November 1978 for colza and rape seed, in case of
pre-fixation for the months of July, August,                                          Article 2
September, October and November 1978 , the amount
of subsidy on these products has been obtainable only         This Regulation shall enter into force on 16 June
on the basis of the indicative price for the months of         1978 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 15 June 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President
 ---pagebreak--- No L 158 / 34                               Official Journal of the European Communities                             16 . 6 . 78
                                                                ANNEX
            to the Commission Regulation of 15 June 1978 fixing the amount of the subsidy on oil
                                                                  seeds
            Subsidy applicable from 16 June 1978 to colza and rape seed (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                                                                 9.339               11.744
            Subsidy in the case of advance fixing :
            —    for   the  month     of   June 1978                                9.339               11.744
            —    for   the  month     of   July 1978                                7.211 (')           11-814
            —    for   the  month     of   August 1978                              7-.76 (1)           11.683
            —    for   the  month     of   September 1978                           8-148 (»)           10.047 ( i ;
            — for the month of October 1978                                       10.478 (>)
            — for the month of November 1978                                      10.782 (')
            P ) Subject to confirmation .