CELEX: 31973R0261
Language: en
Date: 1973-02-01 00:00:00
Title: Regulation (EEC) No 261/73 of the Commission of 31 January 1973 fixing the amount of the subsidy on oil seeds

1 . 2 . 73                                Official Journal of the European Communities                           No L 30/41
                               REGULATION (EEC) No 261/73 OF THE COMMISSION
                                                        of 31 January 1973
                                           fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN                                      account should be taken of all offers on the world
COMMUNITIES,                                                        market known to the Commission and of quotations
                                                                     on those exchanges which are significant for inter­
Having regard to the Treaty establishing the Euro­                   national trade ; whereas Article 2 of Commission
pean Economic Community ;                                            Regulation No 225/67/EEC (6) of 28 June 1967 on
                                                                     detailed rules for determining the world market price
Having regard to Council Regulation No 136/66/                       for oil seeds, as last amended by the Act annexed
EEC (*) of 22 September 1966 on the establishment                    to the Treaty on the Accession of new Member States
of a common organization of the market in oils and                   to the European Economic Comunity .and the
fats, as last amended by the Act (2 ) annexed to the                 European Atomic Energy Community, signed at
Treaty (3) on the Accession of new Member States to                  Brussels on 22 January 1972, provides that offers and
                                                                     quotations which do not relate to shipments to be
the European Economic Community and the Euro­
                                                                     effected within 30 days following the date on which
pean Atomic Energy Community, signed at Brussels
                                                                     the world market price is determined should be disre­
on 22 January 1972, and in particular Article 27 (4)
                                                                    garded ; whereas offers and quotations which the
thereof ;
                                                                     Commission believes, in view of general price move­
                                                                    ments or information available to it, not to be repre­
Whereas Article 27 of Regulation No 136/66/EEC                      sentative of the real trend of the market must also
provides that a subsidy should be granted in respect                be disregarded ; whereas offers and quotations relat­
of oil seeds harvested and processed within the Com­                ing to quantities of less than 500 metric tons and of­
munity when the target price for a species of seed is               fers relating to seed of a quality other than that nor­
higher than the price on the world market ; whereas                 mally acceptable on the world market must also be
these provisions apply only in respect of colza, rape               disregarded ;
and sunflower seeds ;
                                                                     Whereas Article 3 of Regulation No 225/67/EEC pro­
Whereas the subsidy on oil seeds should, theoreti­                   vides that of the offers and quotations taken into
cally, be equal to the difference between those two                  consideration, those for delivery c and f should be
prices ;                                                            increased by 0-2 °/o ; whereas offers and quotations
                                                                     for delivery fas, fob or otherwise should be in­
Whereas the target price for each species of seed was                creased, as appropriate, by loading, transport and
fixed by Council Regulation (EEC) No 1331/72 (4 )                    insurance costs from the point of shipment or load­
of 27 June 1972 fixing target and basic intervention                 ing to the frontier crossing point ; whereas cif offers
prices for oil seeds for the 1972/73 marketing year ;                and quotations for frontier crossing points other
                                                                     than Rotterdam should be adjusted to allow for the
Whereas Article 29 of Regulation No 136/66/EEC                       difference in transport costs as compared with a pro­
provides that the world market price, calculated for                 duct delivered cif Rotterdam ; whereas the Commis­
a Community frontier crossing point, is to be deter­                 sion should take account only of the loading, trans­
mined on the basis of the most favourable purchas­                   port and insurance costs which to its knowledge are
ing opportunities, quotations being adjusted where                   the lowest ; whereas, finally, offers and quotations
necessary to take account of quotations for compet­                  for delivery cif Rotterdam should be increased by
ing products ;                                                       0-20 unit of account ;
Whereas Article 4 of Council Regulation No 115/67/                   Whereas Article 5 of Regulation No 115/67/EEC pro­
EEC (5) of 6 June 1967 laying down criteria for de­                  vides that the world market price should be deter­
 termining world market prices for oil seeds and fix­                 mined for seed of the standard quality for which the
ing the frontier crossing point, fixed at Rotterdam ;                target price has been fixed, delivered in bulk ;
Whereas Article 1 of that Regulation provides that                   Whereas Article 3 of Regulation No 225/67/EEC pro­
when the world market price is being determined                      vides that offers and quotations relating to products
                                                                     presented otherwise than in bulk should be ad­
 (*) OJ  No 172, 30 . 9 . 1966, p. 3025/66.                          justed by deducting the additional value resulting
 (2) OJ  No L 73 , 27. 3 . 1972 , p . 14.
 (») OJ  No  L 73, 27. 3 . 1972, p. 5 .
 (4) OJ  No L 147, 29 . 6. 1972, p. 1 .
 (5) OJ  No  111 , 10. 6. 1967, p. 2196/67.                           ( 6) OJ No 136, 30. 6. 1967, p . 2919/67.
 ---pagebreak--- No L 30/42                         Official Journal of the European Communities                                  1 . 2 . 73
from that presentation ; whereas offers and quota­                   of oil and oil cake resulting from the processing
tions relating to a quality other than the standard                  of the type of seed in question, and
quality for which the target price was fixed should
be adjusted on the basis of the coefficients of equi­        — the difference between the price of 100 kg of one
valence shown in the Annex to that Regulation ;                      or more other seeds, plus processing costs, and
whereas, in the case of offers on the world market                   the total of the prices of the quantities of oil and
for qualities of colza and rape seed other than those                oil cake resulting from the processing of these
listed in that Annex, coefficients of equivalence de­                seeds ;
rived from those listed in that Annex may, pursuant
to Article 4 of Regulation No 225/67/EEC, be ap­             Whereas the factors to be taken into consideration
plied ; whereas, when derived coefficients are being         for the purpose of determining that margin are de­
calculated, account must be taken of the differences         fined in Article 8 of Regulation No 225/67/EEC ;
between prices for the qualities of seed in question         whereas no adjustment should be made where the
and prices for the qualities listed in that Annex, and       margin is found to be less than 0-50 unit of ac­
of the characteristics of these various seeds ;               count; whereas Article 6 (2) of Regulation No 115 /
                                                              67/EEC provides that, when the amount of the adjust­
                                                             ment is being determined, account should be taken
 Whereas Article 2 of Regulation No 115/67/EEC pro­          of the incidence of the margin in question on market­
 vides that, where no offer or quotation can be used         ing operations of Community traders and on the dis­
 as a basis for determining the world market price,          posal of the various types of seed on the world mar­
 that price should be determined on the basis of the         ket ;
 value of the average quantities of oil and oil cake
 resulting from the processing of 100 kg of seed             Whereas Council Regulation (EEC) No 2114/71 (*)
 within the Community less an amount correspond­             of 28 September 1971 on the subsidy for oil seeds,
 ing to the cost of processing these seeds into oil and      as amended by Regulation (EEC) No 2730/71 (2),
 oil cake ; whereas the quantities and costs to be           laid down rules for granting the subsidy on oil
 taken into consideration for the purposes of the cal­        seeds ; whereas under that Regulation, where the
 culation are fixed in Article 5 of Regulation No 225/       subsidy to be granted is fixed in advance, the
 67/EEC ; whereas the value of those quantities               amount of such subsidy must be equal to the
 should be determined in accordance with the provi­           amount applicable on the day on which the applica­
 sions of Article 6 of that Regulation ;                      tion for advance fixing was lodged, adjusted by the
                                                              difference between the target price valid on that day
                                                              and the target price valid on the day on which the
 Whereas Article 3 of Regulation No 115/67/EEC pro­           seeds are placed under control at an oil mill and,
 vides that, where no offer or quotation can be used          where appropriate, a corrective amount ; whereas
 as a basis for determining the world market price            Article 36 of Commission Regulation (EEC) No
 and where it is, moreover, impossible to establish           1204/72 (3 ) of 7 June 1972 laying down detailed
 the value of the oil or oil cake processed from such         rules for the application of the subsidy system for
 seed, the world market price should be determined            oil seeds, as amended by Regulation (EEC) No 1559/
 on the basis of the most recent known value for oil          72 (4 ), provides that such adjustment should involve
 or oil cake, adjusted to take account of the trend of        increasing or reducing the amount of subsidy appli­
 world prices for competing products by applying to           cable on the day on which the application was
 that value the rules set out in Article 2 of Regulation       lodged by the difference between the target price
  No 115/67/EEC ; whereas Article 7 of Regulation No           valid during the month during which the seeds were
 225/67/EEC defines competing products as those               placed under control at an oil mill and the target
  oils or oil cakes, as the case may be, which appear         price valid on the day on which the application was
  to have been offered in the largest quantities on the       lodged ;
  world market during the period under considera­
  tion ;
                                                              Whereas Article 38 of Regulation (EEC) No 1204/72
                                                              provides that the corrective amount must be equal
                                                               to the difference between the world market price for
  Whereas Article 6 ( 1 ) of Regulation No 115/67/EEC          colza, rape and sunflower seeds and the forward
  provides that, when the world market price of a             price for those seeds valid for a shipment effected
  cype of seed is being determined, the price used             during the month in which the seeds were placed
  should be adjusted by an amount not exceeding the            under control at an oil mill, those prices being deter­
  margin between :                                             mined in accordance with Articles 1 , 4 and 5 of Reg­
  — the difference between the price of 100 kg of               (!)   OJ  No  L 222,  2 . 10. 1971 , p . 2 .
                                                                (2 )  OJ  No  L 282,  23 . 12 . 1971 , p . 18 .
      colza, rape or sunflower seeds, plus processing           (3)   OJ  No  L 133 , 10. 6. 1972, p. 1 .
      costs, and the total of the prices of the quantities      (4)   OJ  No  L 165 , 21 . 7. 1972, p . 34.
 ---pagebreak--- 1 . 2 . 73                           Official Journal of the European Communities                             No L 30/43
ulation 115/67/EEC ; whereas, if no offer and no                 for the month of July 1972, this amount may,
price can be used for such determination, the                    therefore, be applied only on a temporary basis and
method of calculation provided for in Article 38 of              should be confirmed or replaced when the indicative
Regulation (EEC) No 1204/72 should be used ;                     price for the 1973/74 marketing year is known ;
whereas the abovementioned difference may be
                                                                 Whereas it follows from applying all these provi­
adjusted pursuant to Article 39 of Regulation (EEC)              sions to the offers and quotations known to the
No 1204/72, account being taken of prices for soya
seeds on the world market ;
                                                                 Commission that the subsidy on colza, rape and sun­
                                                                 flower seeds should be fixed as shown in the Table
                                                                 annexed to this Regulation ;
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               HAS ADOPTED THIS REGULATION :
week ;
                                                                                           Article 1
Whereas Article 34 of Regulation (EEC) No 1204/72                 1 . The amount of the subsidy referred to in Article
provides that the subsidy fixed previously should be             27 of Regulation No 136/66/EEC is hereby fixed as
retained if the variation in the factors used to calcu­          shown in the Table annexed to this Regulation.
late it entails an increase or reduction in that sub­
                                                                 2. The amount of the subsidy for the month of
sidy of less than OTO unit of account ; whereas the
                                                                  July 1973 will, however, as for colza and rape seeds,
subsidy may be altered whenever it becomes obvious               be confirmed or replaced as from 1 February to
that such alteration is necessary ;                               take into account the indicative price which is
                                                                  fixed for these products for the 1973/74 marketing
 Whereas in the absence of the indicative price for the           year .
 1973/74 marketing year for colza and rape seed in
                                                                                           Article 2
 case of pre-fixation for the month of July 1973 the
 amount of subsidy on these products has been                     This Regulaton shall enter into force on 1 February
 obtainable only on the basis of the indicative price             1973 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 31 January 1973 .
                                                                           For the Commission
                                                                             P.J. LARDINOIS
                                                                         Member of the Commission
                                                          ANNEX
               to the Commission Regulation of 31 January 1973 fixing the amount of the subsidy on oil seeds
                Subsidy applicable from 1 February 1973 to colza and rape seeds (CCT heading No ex 12.01 )
                                  and sunflower seeds (CCT heading No ex 12.01 ) (u.a./lOO kg)
                                                                     Colza and rape seed       Sunflower seed
               Subsidy                                                          3-126                2-906
                Subsidy in the case of advance fixing :
               — for the month of February                                      3-126                2-906
               — for the month of March                                         3-320                3-094
               — for the month of April                                         3-320                3-075
               — for the month of May                                           4-310                3-035
                — for the month of June                                         4-402
                — for the month of July                                          2-942