CELEX: 31979R1322
Language: en
Date: 1979-06-30 00:00:00
Title: Commission Regulation (EEC) No 1322/79 of 29 June 1979 fixing the amount of the subsidy on oil seeds

No L 162/70                              Official Journal of the European Communities                              30 . 6 . 79
                                    COMMISSION REGULATION (EEC) No 1322/79
                                                         of 29 June 1979
                                       fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN                                      mining world market prices for oil seeds and fixing
COMMUNITIES,                                                       the frontier crossing point (5) fixed the said crossing
                                                                    point at Rotterdam ; whereas Article 1 of that Regula­
                                                                    tion provides that when the world market price is
                                                                   being determined account should be taken of all
Having regard to the Treaty establishing the European              offers on the world market known to the Commission
Economic Community,                                                and of quotations on those exchanges which are signif­
                                                                    icant for international trade ; whereas Article 2 of
                                                                    Commission Regulation No 225/67/ EEC of 28 June
                                                                    1967 on detailed rules for determining the world
Having regard to Council Regulation No 136/66/ EEC                  market price for oil seeds (6), as last amended by Regu­
of 22 September 1966 on the establishment of a                      lation (EEC) No 1513/78 (7), provides that offers and
common organization of the market in oils and
                                                                    quotations which do not relate to shipments to be
fats ('), as last amended by Regulation (EEC) No
                                                                    effected within 30 days following the date on which
590/79 (2), and in particular Article 27 (4) thereof,
                                                                    the world market price is determined should be disre­
                                                                   garded ; whereas offers and quotations which the
                                                                    Commission believes, in view of general price move­
Having regard to the opinion of the Monetary                        ments or information available to it, not to be repre­
Committee,                                                          sentative of the real trend of the market must also be
                                                                    disregarded ; whereas offers and quotations relating to
                                                                    quantities of less than 500 tonnes and offers relating
                                                                    to seed of a quality other than that normally accep­
Whereas Article 27 of Regulation No 136/66/EEC                      table on the world market must also be disregarded ;
provides that a subsidy should be granted in respect of
oil seeds harvested and processed within the Commu­
nity when the target price for a species of seed is
higher than the price on the world market ; whereas
these provisions at present apply only in respect of                Whereas Article 3 of Regulation No 225/67/ EEC
colza, rape and sunflower seeds ;                                   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
                                                                    delivery fas, fob or otherwise should be increased, as
Whereas the subsidy on oil seeds should, theoretically,             appropriate, by loading, transport and insurance costs
be equal to the difference between those two prices ;               from the point of shipment or loading to the frontier
                                                                    crossing point ; whereas cif offers and quotations for
                                                                    frontier crossing points other than Rotterdam should
                                                                    be adjusted to allow for the difference in transport and
Whereas the target price and the monthly increases in
                                                                    insurance costs as compared with a product delivered
the target price for oil seeds for the 1979/ 80                     cif Rotterdam ; whereas the Commission should take
marketing year were fixed by Regulations (EEC) No
                                                                    account only of the loading, transport and insurance
 1294/79 (>) and (EEC) No 1295/79 (4) ; whereas Article
                                                                    costs which to its knowledge are the lowest ; whereas,
29 of Regulation No 136/66/EEC provides that the
                                                                    finally, offers and quotations for delivery cif
world market price, calculated for a Community fron­
                                                                    Rotterdam should be increased by 0-20 unit of
tier crossing point, is to be determined on the basis of            account ;
the most favourable purchasing opportunities, quota­
tions being adjusted where necessary to take account
of quotations for competing products ;
                                                                    Whereas Article 5 of Regulation No 115/67/ EEC
Whereas Article 4 of Council Regulation No 115/                     provides that the world market price should be deter­
67/EEC of 6 June 1967 laying down criteria for deter­               mined for seed of the standard quality for which the
                                                                    target price has been fixed, delivered in bulk ;
(<) OJ   No 172, 30. 9. 1966, p. 3025/66.
(2) OJ   No L 78 , 30 . 3 . 1979, p. 1 .                            (5) OJ No 111 , 10 . 6. 1967, p. 2196/ 67.
(3) See  page 13 of this Official Journal.                          (') OJ No 136, 30. 6. 1967, p. 2919/ 67.
(4) See  page 14 of this Official Journal.                          (7) OJ No L 178 , 1 . 7. 1978 , p. 59 .
 ---pagebreak--- 30 . 6. 79                        Official Journal of the European Communities                         No L 162/71
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 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 kilograms
on the basis of the coefficients of equivalence shown            of one or more other seeds, plus processing costs,
in the Annex to that Regulation ; whereas, in the case           and the total of the prices of the quantities of oil
of offers on the world market for qualities of colza             and oil 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
in that Annex may, pursuant to Article 4 of Regula­          Whereas the factors to be taken into consideration for
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 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 Article 6 of that Regula­           target price valid on that day and the target price valid
tion :                                                      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 1 1 5/67/ 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 2980/78 (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, 1C. 6. 1972, p. 1 .
between :                                                   (4) OJ  No   L 355, 19. 12. 1978, p. 17.
 ---pagebreak--- No L 162/ 72                       Official Journal of the European Communities                           30 . 6 . 79
1 15/67/ EEC ; whereas, if no offer and no price can be           relation to the Community currencies referred to
used for such determination , the method of calcula­              in the previous indent ;
tion provided for in Article 38 of Regulation (EEC)          Whereas Council Regulation (EEC) No 652/79 of 29
No 1204/72 should be used ; whereas the above-men­
tioned difference may be adjusted pursuant to Article        March 1979 ( 1 ). laid down the coefficient for
                                                             expressing amounts, fixed in units of account, in
39 of Regulation (EEC) No 1204/72, account being              ECU ;
taken of prices for soya seeds on the world market ;
                                                             Whereas it follows from applying these provisions to
Whereas the subsidy should be fixed whenever the             the offers and quotations known to the Commission
market situation makes it necessary and in such a way        that the subsidy on colza, rape and sunflower seeds
as to ensure its being applied at least once a week ;        should be as set out in the Annex hereto,
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
    relation to each other at any given moment within        The amount of the subsidy referred to in Article 27 of
    a band of 2-25 % , a rate of exchange based on           Regulation No 136/66/ EEC shall be as set out in the
                                                             Annex hereto .
    their effective parity ;
— for other currencies, an exchange rate based on the                                  Article 2
    arithmetic mean of the spot market rates of each
    of these currencies recorded for a given period in       This Regulation shall enter into force on 1 July 1979 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 29 June 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President
                                                             (') OJ No L 84, 4 . 4 . 1979 , p. 1 .
 ---pagebreak--- 30 . 6. 79                           Official Journal of the European Communities                                          No L 162/73
                                                           ANNEX
                to the Commission Regulation of 29 June 1979 fixing the amount of the subsidy on oil
                                                               seeds
                                                                                                                       <K / ' / ICC
         CCT heading                          Description                                              Subsidy
             No
        ex 12.01      Colza and rape seed                                                             13.099
        ex 12.01      Sunflower seed                                                                  1 1 - 203
                                                                                                                       ( ECU /100 kg )
                                                                             Subsidy in the case ot advance
            CCT                                                                 fixing tor the month ot
           heading                Description
             No
                                                             July     August    September      October        November    December
                                                             1 979     1979         1979         1979           1979         1979
       ex 1 2.0 1     Colza and rape seed                 13099      13099       13.181        13.562          13.719      14.100
       ex 12.01 .     Sunflower seed                      1 1 -203   11.203        9.600       13-707            —            —