CELEX: 31989R0682
Language: en
Date: 1989-03-17 00:00:00
Title: Commission Regulation (EEC) No 682/89 of 16 March 1989 fixing the amount of the subsidy on oil seeds

No L -73/32                            Official Journal of the European Communities                               17. 3. 89
                                    COMMISSION REGULATION (EEC) No 682/89
                                                     of 16 March 1989
                                     fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      guaranteed quantities for the 1988/89 marketing year has
                                                                 been fixed by Commission Regulations (EEC) No
Having regard to the Treaty establishing the European            2761 /88 (») and (EEC) No 3042/88 (10);
Economic Community,
Having regard to the Act of Accession of Spain and               whereas the standard quality for sunflower seed has been
Portugal,                                                        maintained by the Council for the 1988/89 marketing
                                                                 year ; whereas the coefficients of equivalence applied to
Having regard to Regulation No 136/66/EEC of the                 the prices of sunflower seed from third countries have
Council of 22 September 1966 on the establishment of a           been fixed by Commission Regulation (EEC) No 2869/
common organization of the market in oils and fats ('), as       87 Mi
last amended by Regulation (EEC) No 2210/88 (2), and in
particular Article 27 (4) thereof,
                                                                 Whereas, in the absence of the target price for the
Having regard to Council Regulation (EEC) No                     1989/90 marketing year for colza and rape seed, the
1 678/85 (3) fixing the conversion rates to be applied in        abatement of the subsidy from the system of maximum
agriculture, as last amended by Regulation (EEC) No              guaranteed quantities, the amount of the subsidy in the
546/89 (4),                                                      case of advance fixing for this period for colza and rape
                                                                 seed has been obtainable only provisionally on the basis
Having regard to Regulation (EEC) No 1569/72 of the              of the latest proposals from the Commission to the
Council of 20 July 1972 laying down special measures for         Council on price and abatement ; whereas this amount
colza, rape and sunflower seed (*), as last amended by           may, therefore, be applied on a temporary basis and
Regulation (EEC) No 2216/88 (6), and in particular Article       should be confirmed or replaced when the indicative
2 (3) thereof,                                                   prices and where appropriate, the effects of the applica­
                                                                 tion of the system of maximum guaranteed quantities of
Having regard to the opinion of the Monetary Committee,          the 1989/90 marketing year are known ;
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 Regulation No 115/67/EEC of the
                                                                 Council of 6 June 1967 laying down criteria for determi­
Whereas the target price and the monthly increases in the        ning world market prices for oil seeds and fixing the fron­
target price for colza, rape and sunflower seed for the          tier crossing point (l2), as last amended by Regulation
 1988/89 marketing year were fixed by Regulations (EEC)          (EEC) No 1983/82 (13), fixed the said crossing point at
No 2213/88 0 and (EEC) No 2214/88 (8);                           Rotterdam ; whereas Article 1 of that Regulation provides
                                                                 that when the world market price is being determined
Whereas a supplement to the target price for 'double zero'       account should be taken of all offers on the world market
colza and rape seed was fixed in Regulation (EEC) No             known to the Commission and of quotations on those
2213/88 ;                                                        exchanges which are significant for international trade ;
                                                                 whereas Article 2 of Commission Regulation No 225/
                                                                 67/EEC of 28 June 1967 on detailed rules for determi­
Whereas the abatement of the subsidy for colza, rape and         ning the world market price for oil seeds (14), as last
 sunflower seed which arises from the system of maximum
                                                                  amended by. Regulation (EEC) No 2869/87, provides that
                                                                 offers and quotations which do n9t relate to shipments to
(') OJ No 172, 30. 9. 1966, p. 3025/66.
(2) OJ No L 197, 26. 7. 1988, p. 1 .
(3) OJ No L 164, 24. 6. 1985, p. 11 .                            (9) OJ No L 247, 6. 9. 1988, p. 7.
(<) OJ No L 60, 3. 3. 1989, p. 11 .                              H OJ No L 271 , 1 . 10. 1988, p. 104.
Is) OJ No L 167, 25. 7. 1972, p. 9.                              (") OJ No L 273, 26. 9. 1987, p. 16.
(6) OJ No L 197, 26. 7. 1988, p. 10.                              (u) OJ No 111 , 10. 6. 1967, p. 2196/67.
0 OJ No L 197, 26. 7. 1988, p. 6.                                 (13) OJ No L 215, 23. 7. 1982, p. 6.
(«) OJ No L 197, 26. 7. 1988, p. 8.                               H OJ No 136, 30. 6. 1967, p. 2919/67.
 ---pagebreak---  17. 3. 89                             Official Journal of the European Communities                              No L 73/33
be effected within 30 days following the date on which           be determined in accordance with Article 6 of that
the world market price is determined should be disre­            Regulation ;
garded ; whereas offers and quotations which the
Commission believes, in view of general price movements
or information available to it, not to be representative of      Whereas Article 3 of Regulation No 115/67/EEC provides
the real trend of the market must also be disregarded ;          that, where no offer or quotation can be used as a basis
whereas offers and quotations relating to quantities of less     for determining the world market price and where it is,
than 500 tonnes and offers relating to seed of a quality         moreover, impossible to establish the value of the oil or
other than that normally acceptable on the world market          oil cake processed from such seed, the world market price
must also be disregarded ;                                       should be determined on the basis of the most recent
                                                                 known value for oil or oil cake, adjusted to take account
                                                                 of the trend of world prices for competing products by
Whereas Article 3 of Regulation No 225/67/EEC provides           applying to that value the rules set out in Article 2 of
that of the offers and quotations taken into consideration,      Regulation No 115/67/EEC ; whereas Article 7 of Regula­
those for delivery c and f should be increased by 0,2 % ;        tion No 225/67/EEC defines competing products as those
whereas offers and quotations for delivery fas, fob or           oils or oil cakes, as the case may be, which appear to have
otherwise should be increased, as appropriate, by loading,       been offered in the largest quantities on the world market
transport and insurance costs from the point of shipment         during the period under consideration ;
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 diffe­        Whereas, under Article 6 of Regulation No 115/67/EEC,
rence in transport and insurance costs as compared with a        the price determined for colza, rape and sunflower seeds
product delivered cif Rotterdam ; whereas the Commis­
                                                                 must also be adjusted by an amount not exceeding the
sion should take account only of the loading, transport          margin, as calculated in accordance with that Article,
and insurance costs which to its knowledge are the               where that margin may affect the normal disposal of seeds
lowest ; whereas, finally, offers and quotations for delivery    harvested in the Community ;
cif Rotterdam should be increased by ECU 0,242 ;
                                                                 Whereas Council Regulation (EEC) No 1594/83 of 14
Whereas Article 5 of Regulation No 1 1 5/67/EEC provides         June 1983 on the subsidy for oil seeds ('), as last amended
that the world market price should be determined for             by Regulation (EEC) No 221 5/88 (2), laid down rules for
seed of the standard quality for which the target price has      granting the subsidy on oil seeds ; whereas, under that
been fixed, delivered in bulk :
                                                                 Regulation, where the subsidy to be granted is fixed in
                                                                 advance, the amount of such subsidy must be equal to the
                                                                 amount applicable on the day on which the application
Whereas Article 3 of Regulation No 225/67/EEC provides           for advance fixing was lodged, adjusted by the difference
that offers and quotations relating to products presented        between the target price valid on that day and the target
otherwise than in bulk should be adjusted by deducting           price valid on the day on which the seeds are placed
the additional value resulting from that presentation ;          under control at an oil or feed mill and, where appro­
whereas offers and quotations relating to a quality other        priate, a corrective amount ; whereas Article 35 of
than the standard quality for which the target price was         Commission Regulation (EEC) No 2681 /83 of 21
fixed should be adjusted on the basis of the coefficients of     September 1983 laying down detailed rules for the appli­
equivalence shown in the Annex to that Regulation ;              cation of the subsidy system for oil seeds (3), as last
whereas, in the case of offers on the world market for           amended by Regulation (EEC) No 626/89 (4), provides
qualities of colza and rape seed other than those listed in      that such adjustment should involve increasing or redu­
that Annex, coefficients of equivalence derived from those       cing the amount of subsidy applicable on the day on
listed in that Annex may, pursuant to Article 4 of Regula­       which the application was lodged by the corrective
tion No 225/67/EEC, be applied ; whereas, when derived           amount and the difference between the target prices
coefficients are being calculated, account must be taken of      mentioned in Article 35 of Regulation (EEC) No
the differences between prices for the qualities of seed in      2681 /83 ;
question and prices for the qualities listed in that Annex,
and of the characteristics of these various seeds ;
                                                                 Whereas Article 37 of Regulation (EEC) No 2681 /83
                                                                 provides that the corrective amount must be equal to the
Whereas Article 2 of Regulation No 115/67/EEC provides           difference between the world market price for colza, rape
that, where no offer or quotation can be used as a basis         and sunflower seeds and the forward price for those seeds
for determining the world market price, that price should        valid for a shipment effected during the month in which
be determined on the basis of the value of the average           the seeds were placed under control at an oil mill, those
quantities of oil and oil cake resulting from the proces­        prices being determined in accordance with Articles 1 , 4
sing of 100 kilograms of seed within the Community less          and 5 of Regulation No 1 1 5/67/EEC ; whereas, if no offer
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         O   OJ  No  L  197, 26. 7. 1988, p. 9 .
the calculation are fixed in Article 5 of Regulation No          (3) OJ  No  L  266, 28. 9. 1983, p. 1 .
225/67/EEC ; whereas the value of those quantities should        (4) OJ  No  L  68, 11 . 3. 1989, p. 24.
 ---pagebreak--- No L 73/34                             Official Journal of the European Communities                                 17. 3. 89
and no price can be used for such determination, the                     the conversion rate used under the common
method of calculation provided for in Article 37 of Regu­                agricultural policy, and
lation (EEC) No 2681 /83 should be used ; whereas the
abovementioned difference may be adjusted in accordance              — the conversion rate resulting from the central rate ;
with Article 38 of Regulation (EEC) No 2681 /83, account
being taken of the prices of the main competing cereals ;        (b) for the other Member States, the difference between :
                                                                     — the relationship between the conversion rate used
                                                                         under the common agricultural policy for the
                                                                         currency of the Member State concerned and the
Whereas the aid for colza, rape or sunflower seed                        central rate of each of the currencies of the
harvested or processed in Spain or Portugal is to be                     Member States referred to in (a), and
advised as provided for in Council Regulation (EEC) No
478/86 (') ; whereas pursuant to Article 95(2) and 293(2)            — the spot market rate for the currency of the
of the Act of Accession this aid is to be introduced at the              Member State in question in relation to each of
beginning of the 1986/87 marketing year for seed                         the currencies of the Member States referred to in
harvested in these two Member States :                                   (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 of 25 February 1986 laying down general rules for         where, for one or more months, quotations of forward
the mechanism for controlling the prices and the quanti­         exchange rates are not available, the rates adopted for the
ties of certain products in the oils and fats sector released    previous months or the following months, as the case may
for consumption in Spain (2), as amended by Regulation           be, must be used ;
(EEC) No 1 930/88 (3), provision is made for the granting
of compensatory aid, subject to certain conditions ;
whereas compensatory aid should be fixed for sunflower           Whereas the subsidy should be fixed whenever the
seeds harvested in Spain ;                                       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 1 920/87 (4),
provides for the granting of a special subsidy for
sunflower seed harvested and processed in Portugal ;             Whereas it follows from applying these provisions to the
whereas the amount of this subsidy should be fixed ;             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
                                                                 in accordance with the Annex to this Regulation ;
Whereas Article 33 of Regulation (EEC) No 2681 /83               whereas, pursuant to the same Article, the spot and
provides for the publication of the amount of the final          forward exchange rates for the ecu in national currencies
subsidy obtained from the conversion into each of the            determined in accordance with Article 4 of Regulation
national currencies of the amount in ecus resulting from         (EEC) No 1813/84 must also be published,
the calculation referred to above plus or minus the diffe­
rential amount ; whereas Article 1 of Commission Regula­
tion (EEC) No 1813/84 Q, as last amended by Regulation
(EEC) No 431 /89 (6), 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            1 . The amounts of the subsidy and the exchange rates
     tained as between themselves within a spread at any         referred to in Article 33 (2) and (3) of Regulation (EEC)
     given moment of 2,25 % , the difference between :            No 2681 /83 shall be as set out in the Annex hereto.
(') OJ  No  L  53, 1 . 3. 1986, p. 55.
(2) OJ  No  L  53, 1 . 3. 1986, p. 47.                           2. The amount of the compensatory aid referred to in
0   OJ  No  L  170, 2. 7. 1988, p. 3.                            Article 14 of Regulation (EEC) No 475/86 shall be as
(4) OJ  No  L  183, 3. 7. 1987, p. 18.
0   OJ  No  L  170, 29. 6. 1984, p. 41                           shown in Annex III to this Regulation for sunflower seed
¥) OJ No L 50, 22. 2. 1989, p. 7.                                 harvested in Spain.
 ---pagebreak--- 17. 3. 89                           Official Journal of the European Communities                               No L 73/35
3. The amount of the special subsidy provided                  1989 to take into account the target price, and where
for by Regulation (EEC) 1920/87 for sunflower seed             appropriate, the effects of the application of the system of
harvested and processed in Portugal is fixed in Annex III.     maximum guaranteed quantities for colza and rape seed.
4. However, the amount of the subsidy in the case of                                     Article 2
advance fixing for the 1989/90 marketing year for colza
and rape will be confirmed or replaced as from 17 March        This Regulation shall enter into force on 17 March 1989.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 16 March 1989.
                                                                        For the Commission
                                                                         Ray MAC SHARRY
                                                                    Member of the Commission
 ---pagebreak--- No L 73/36                                          Official Journal of the European Communities                                                      17. 3. 89
                                                                             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        5th period
                                                             3                  4                 5                 6          .     ?('>              80
1 . Gross aids (ECU):                                                 \
    — Spain                                                   0,580              0,580             0,580             0,580              1,170            1,170
    — Portugal                                                0,000              0,000             0,000             0,000             0,000             0,000
    — Other Member States                                   19,377             19,535             19,612           18,971             16,424            16,023
2. Final aids :                                      \                \
    (a) Seed harvested and processed in :                                                I
        — Federal Republic of Germany
             (DM)                                           46,16              46,54             46,72             45,22              39,17            38,45
        — Netherlands (Fl)                                  51,48              51,90             52,1 1            50,42             43,66             42,74
        — BLEU (Bfrs/Lfrs)                                 935,66             943,28            947,00            916,05            793,06            773,70
        — France (FF)                                      141,46             142,62            143,14            138,11            119,28            116,13
        — Denmark (Dkr)                                    169,51             170,89            171,55            165,83            143,47            139,89
        — Ireland (£ Irl)                                   15,732             15,862             15,920           15,360             13,265            12,914
        — United Kingdom (£)                                12,044             12,144             12,185           11,704             10,077             9,698
        — Italy (Lit)                                   30 393            30 643            30 694            29 482             25 446            24 435
        — Greece (Dr)                                    2 228,70          2 228,74           2 203,20          2 045,85          1 724,76          1 564,96
    (b) Seed harvested         in    Spain     and
        processed :
        — in Spain (Pta)                                    89,44              89,44             89,44             89,44            180,43            180,43
        — in another Member State (Pta)                  3 072,38           3 098,04          3 109,11          3 005,37          2 687,35          2 595,34
    (c) Seed harvested in Portugal and
        processed :                                                   \                                                                                  0,00
        — in Portugal (Esc)                                   0,00               0,00              0,00              0,00               0,00
        — in another Member State (Esc)                  4 214,80           4 244,00          4 252,19          4 115,78          3 646,05          3 529,1 1
(') Subject in the case of advance fixing for the 1989/90 marketing year to the adoption of prices and connected measures and where appropriate, the effects of the
    application of the system of maximum guaranteed quantities.
 ---pagebreak---  17. 3 . 89                                         Official Journal of the European Communities                                                  No L 73/37
                                                                            ANNEX II
                                                        Aids to colza and rape seed 'double zero'
                                                                                                                                           (amounts per 100 kg)
                                                          Current          1st period        2nd period        3rd period       4th period         5th period
                                                             3                  4                  5                6               70                 8 (')
 1 . Gross aids (ECU) :
     — Spain                                                  3,080              3,080              3,080            3,080           3,670               3,670
     — Portugal                                               2,500              2,500              2,500            2,500           2,500               2,500
     — Other Member States                                  21,877             22,035             22,112           21,471           18,924              18,523
2. Final aids :
     (a) Seed harvested and processed in :                                                                 I
          — Federal Republic of Germany
              (DM)                                          52,06              52,44              52,63            51,13            45,08               44.35
          — Netherlands (Fl)                                58,10              58,52              58,72            57,03            50,27              49.36
          — BLEU (Bfrs/Lfrs)                             1 056,37           1 064,00          1 067,72          1 036,77           913,78             894,42
          — France (FF)                                    160,42             161,58            162,11            157,07           138,24             135,09
          — Denmark (Dkr)                                  191,61             193,00            193,66            187,93           165,57             161,99
         — Ireland (£ Irl)                                  17,842             17,971             18,030           17,469           15,374              15,024
         — United Kingdom (£)                               13,731             13,831             13,872           13,392           11,764              11,386
         — Italy (Lit)                                  34 480            34 730            34 782            33 570           29 534              28 522
         — Greece (Dr)                                   2 618,75          2 618,79           2 593,25          2 435,90         2114,81            1 955,01
     (b) Seed harvested
          processed :
                               in    Spain     and
                                                                                                           I
          — in Spain (Pta)                                 474,98             474,98            474,98            474,98           565,96             565,96
          — in another Member State (Pta)                3 457,92          3 483,57           3 494,65          3 390,90         3 072,89           2 980,87
     (c) Seed harvested in Portugal and
          processed :                                                                                      I
         — in Portugal (Esc)                               470,02             470,02            470,02            470,02           470,02             470,02
         — in another Member State (Esc)                 4 684,82          4 714,02           4 722,20          4 585,80         4116,07            3 999,13
(') Subject in the case of advance fixing for the 1989/90 marketing year to the adoption of prices and connected measures and where appropriate, the effects of the
     application of the system of maximum guaranteed quantities.
 ---pagebreak--- No L 73/38                                         Official Journal of the European Communities                                                        17. 3 . 89
                                                                           ANNEX III
                                                                    Aids to sunflower seed
                                                                                                                                           (amounts per 100 kg)
                                                           Current             1st period           2nd period           3rd period              4th period
                                                              3                     4                    5                      6                      7
1 . Gross aids (ECU) :                                                                                               I
    — Spain                                                    5,170                 5,170                5,170                  5,170                  5,170
    — Portugal                                                 0,000                 0,000                0,000                  0,000                  0,000
    — Other Member States                                    24,097                24,642               24,828                 24,828                 24,828
2. Final aids :                                                                                l                     \
    (a) Seed harvested and processed in (') :                                                                        \
        — Federal Republic of Germany
            (DM)                                             57,31                 58,60                59,04                  59,04                  59,04
        — Netherlands (Fl)                                   63,98                 65,42                65,91                  65,91                  65,91
        — BLEU (Bfrs/Lfrs)                                1 163,57              1 189,89             1 198,87             1 198,87                1 198,87
        — France (FF)                                       177,15                181,34               182,70                182,70                  182,70
        — Denmark (Dkr)                                     211,21                216,04               217,67                217,67                  217,67
        — Ireland (£ Irl)                                    19,704                20,1 69              20,321                 20,321                 20,321
        — United Kingdom (£)                                 15,211                15,588                15,706                15,691                 15,691
        — Italy (Lit)                                   38 086                38 989                39 222              39 104                   39 104
        — Greece (Dr)                                     2 950,19              3 023,38             3 016,96             2 986,80                2 986,80
    (b) Seed harvested in Spain and
        processed :
        — in Spain (Pta)                                    797,28                797,28               797,28                797,28                  797,28
        — in another Member State (Pta)                   3 834,63              3 916,82             3 944,20             3 933,65                3 933,65
    (c) Seed harvested in Portugal and
         processed :                                                                                                 \
        — in Portugal (Esc)                                    0,00                  0,00                 0,00                   0,00                   0,00
        — in Spain (Esc)                                  6 800,57              6 906,45             6 936,24             6 923,35                6 923,35
        — in another Member State (Esc)                   6 627,75              6 730,93             6 759,97             6 747,40                6 747,40
3. Compensatory aids :
    — in Spain (Pta)                                      3 786,42              3 870,55             3 899,86             3 889,31                3 889,31
4. Special aid :                                   \                                           Illl
    — in Portugal (Esc)                                   6 627,75              6 730,93             6 759,97             6 747,40                6 747,40
(') 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 1,0260760.
                                                                           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
                                                   3                    4                   5                  6                    7                    8
 DM                                             2,079360              2,075730            2,072270           2,069210             2,069210            2,059510
 Fl                                             2,347900              2,344900            2,342450           2,339200             2,339200            2,329910
 Bfrs/Lfrs                                     43,583500             43,576400          43,565600           43,546400           43,546400            43,487200
 FF                                             7,060090              7,063780            7,067290           7,071040             7,071040            7,083180
 Dkr                                            8,111440              8,109920            8,108710           8,107480             8,107480            8,107410
£Irl                                            0,778758              0,778011            0,777379           0,776980             0,776980            0,776430
 £                                              0,651030              0,652530            0,653776           0,654980             0,654980            0,659141
 Lit                                        1 527,06             1 532,00            1 537,41           1 542,68           1 542,68              1 557,84
 Dr                                           174,93100             176,85400          178,40700           180,02400          180,02400             184,48300
 Esc                                          171,49800             172,03800          172,59800           173,17000          173,17000             175,00800
 Pta                                          129,51600             129,85700          130,27800           130,70100          130,70100             132,10500