CELEX: 31989R2342
Language: en
Date: 1989-08-01 00:00:00
Title: Commission Regulation (EEC) No 2342/89 of 31 July 1989 fixing the amount of the subsidy on oil seeds

1 . 8 . 89                                         Official Journal of the European Communities                           No L 222/21
                                            COMMISSION REGULATION (EEC) No 2342/89
                                                                   of 31 July 1989
                                                 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
                                                                              1228/89 ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                             Whereas the standard quality for sunflower seed has been
                                                                             maintained by the Council for the 1988/89 and 1989/90
Having regard to the Act of Accession of Spain and                           marketing years ; whereas the coefficients of equivalence
Portugal,                                                                    applied to the prices of sunflower seed from third coun­
                                                                             tries have been fixed by Commission Regulation (EEC)
                                                                              No 2869/87 (9);
Having regard to Regulation No 136/66/EEC of the
Council of 22 September 1966 on the establishment of a                       Whereas the abatement of the subsidy which arises, where
common organization of the market in oils and fats ('), as                   appropriate, from the system of maximum guaranteed
last amended by Regulation (EEC) No 1225/89 (2), and in                      quantities for the 1989/90 year, has not, to date, been
particular Article 27 (4) thereof,                                           fixed ; whereas the amount of the subsidy for the 1989/90
                                                                             year has been provisionally calculated on the basis of an
                                                                             abatement of ECU 3,44 per 100 kilograms for colza and
Having regard to Council Regulation (EEC) No                                 rape seed, and of ECU 11,55 per 100 kilograms for
1678/85 (3) fixing the conversion rates to be applied in                     sunflower seed ;
agriculture, as last amended by Regulation (EEC) No
2284/89 (4),
                                                                             Whereas Article 29 of Regulation No 136/66/EEC
                                                                             provides that the world market price, calculated for a
Having regard to Regulation (EEC) No 1569/72 of the                           Community frontier crossing point, is to be determined
Council of 20 July 1972 laying down special measures for                      on the basis of the most favourable purchasing opportuni­
colza, rape and sunflower seed (*), as last amended by                        ties, quotations being adjusted where necessary to take
Regulation (EEC) No 2216/88 (% and in particular Article                      account of quotations for competing products ;
2 (3) thereof,
                                                                             Whereas Article 4 of Regulation No 115/67/EEC of the
Having regard to the opinion of the Monetary Committee,                       Council of 6 June 1967 laying down criteria for determi­
                                                                              ning world market prices for oil seeds and fixing the fron­
                                                                              tier crossing point (10), as last amended by Regulation
Whereas Article 27 of Regulation No 136/66/EEC                                (EEC) No 1983/82 (n), fixed the said crossing point at
provides that a subsidy should be granted in respect of oil                   Rotterdam ; whereas Article 1 of that Regulation provides
seeds harvested and processed within the Community                            that when the world market price is being determined
                                                                              account should be taken of all offers on the world market
when the target price for a species of seed is higher than
the price on the world market ; whereas these provisions                      known to the Commission and of quotations on those
at present apply only in respect of colza, rape and                           exchanges which are significant for international trade ;
sunflower seeds ;                                                            whereas Article 2 of Commission Regulation No 225/
                                                                              67/EEC of 28 June 1967 on detailed rules for determi­
                                                                              ning the world market price for oil seeds (I2), as last
                                                                              amended by Regulation (EEC) No 2869/87, provides that
Whereas the subsidy on oil seeds should, theoretically, be                    offers and quotations which do not relate to shipments to
equal to the difference between those two prices ;                            be effected within 30 days following the date on which
                                                                              the world market price is determined should be disre­
                                                                             garded ; whereas offers and quotations which the
Whereas the target price and the monthly increases in the                     Commission believes, in view of general price movements
target price for colza, rape and sunflower seed for the                       or information available to it, not to be representative of
 1989/90 marketing year were fixed by Regulations (EEC)                       the real trend of the market must also be disregarded ;
No 1228/89 0 and (EEC) No 1 229/89 (8);                                       whereas offers and quotations relating to quantities of less
                                                                              than 500 tonnes and offers relating to seed of a quality
(■) OJ   No 172, 30. 9.      1966, p.  3025/66.                               other than that normally acceptable on the world market
0   OJ   No L 128, 11 .      5. 1989,  p. 15.                                 must also be disregarded ;
 3) OJ   No L 164, 24.       6. 1985,  p. 11 .
(4) OJ   No L 218, 28.       7. 1989,  p. 17.
0   OJ   No L 167, 25.       7. 1972,  p. 9.                                  0 OJ No L 273, 26. 9. 1987, p. 16.
                                                                               1#) OJ No 111 , 10. 6. 1967, p. 2196/67.
(6)OJOJNoNoL L128,197,1126.. 5.7.1989,
                                  1988,p.p. 20.10.                            (") OJ No L 215, 23. 7. 1982, p. 6.
(») OJ No L 128, 11 . 5. 1989, p. 22.                                         H OJ No 136, 30. 6. 1967, p. 2919/67.
 ---pagebreak--- No L 222/22                            Official Journal of the European Communities                                   1 . 8 . 89
Whereas Article 3 of Regulation No 225/67/EEC provides           known value for oil or oil cake, adjusted to take account
that of the offers and quotations taken into consideration,      of the trend of world prices for competing products by
those for delivery c and f should be increased by 0,2 % ;        applying to that value the rules set out in Article 2 of
whereas offers and quotations for delivery fas, fob or           Regulation No 115/67/EEC ; whereas Article 7 of Regula­
otherwise should be increased, as appropriate, by loading,       tion No 225/67/EEC defines competing products as those
transport and insurance costs from the point of shipment         oils or oil cakes, as the case may be, which appear to have
or loading to the frontier crossing point ; whereas cif          been offered in the largest quantities on the world market
offers and quotations for frontier crossing points other         during the period under consideration ;
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
sion should take account only of the loading, transport
and insurance costs which to its knowledge are the               Whereas, under Article 6 of Regulation No 115/67/EEC,
lowest ; whereas, finally, offers and quotations for delivery    the price determined for colza, rape and sunflower seeds
cif Rotterdam should be increased by ECU 0,242 ;                 must also be adjusted by an amount not exceeding the
                                                                 margin, as calculated in accordance with that Article,
                                                                 where that margin may affect the normal disposal of seeds
                                                                 harvested in the Community ;
Whereas Article 5 of Regulation No 115/67/EEC provides
that the world market price should be determined for
seed of the standard quality for which the target price has
been fixed, delivered in bulk ;
                                                                 Whereas Council Regulation (EEC) No 1594/83 of 14
                                                                 June 1983 on the subsidy for oil seeds ('), as last amended
                                                                 by Regulation (EEC) No 221 5/88 (2), laid down rules for
Whereas Article 3 of Regulation No 225/67/EEC provides           granting the subsidy on oil seeds ; whereas, under that
that offers and quotations relating to products presented        Regulation, where the subsidy to be granted is fixed in
otherwise than in bulk should be adjusted by deducting           advance, the amount of such subsidy must be equal to the
the additional value resulting from that presentation ;          amount applicable on the day on which the application
whereas offers and quotations relating to a quality other        for advance fixing was lodged, adjusted by the difference
than the standard quality for which the target price was         between the target price valid on that day and the target
fixed should be adjusted on the basis of the coefficients of     price valid on the day on which the seeds are placed
equivalence shown in the Annex to that Regulation ;              under control at an oil or feed mill and, where appro­
whereas, in the case of offers on the world market for           priate, a corrective amount ; whereas Article 35 of
qualities of colza and rape seed other than those listed in      Commission Regulation (EEC) No 2681 /83 of 21
that Annex, coefficients of equivalence derived from those       September 1983 laying down detailed rules for the appli­
listed in that Annex may, pursuant to Article 4 of Regula­       cation of the subsidy system for oil seeds (3), as last
tion No 225/67/EEC, be applied ; whereas, when derived           amended by Regulation (EEC) No 1966/89 (4), provides
coefficients are being calculated, account must be taken of      that such adjustment should involve increasing or redu­
the differences between prices for the qualities of seed in      cing the amount of subsidy applicable on the day on
question and prices for the qualities listed in that Annex,      which the application was lodged by the corrective
and of the characteristics of these various seeds ;              amount and the difference between the target prices
                                                                 mentioned in Article 35 of Regulation (EEC) No
                                                                 2681 /83 ;
Whereas Article 2 of Regulation No 1 15/67/EEC 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 of the average           Whereas Article 37 of Regulation (EEC) No 2681 /83
quantities of oil and oil cake resulting from the proces­        provides that the corrective amount must be equal to the
sing of 100 kilograms of seed within the Community less          difference between the world market price for colza, rape
an amount corresponding to the cost of processing these          and sunflower seeds and the forward price for those seeds
seeds into oil and oil cake ; whereas the quantities and         valid for a shipment effected during the month in which
costs to be taken into consideration for the purposes of         the seeds were placed under control at an oil mill, those
the calculation are fixed in Article 5 of Regulation No          prices being determined in accordance with Articles 1 , 4
225/67/EEC ; whereas the value of those quantities should        and 5 of Regulation No 115/67/EEC ; whereas, if no offer
be determined in accordance with Article 6 of that               and no price can be used for such determination, the
Regulation ;                                                     method of calculation provided for in Article 37 of Regu­
                                                                 lation (EEC) No 2681 /83 should be used ; whereas the
                                                                 abovementioned difference may be adjusted in accordance
                                                                 with Article 38 of Regulation (EEC) No 2681 /83, account
Whereas Article 3 of Regulation No 115/67/EEC provides           being taken of the prices of the main competing cereals ;
that, where no offer or quotation can be used as a basis
for determining the world market price and where it is,
                                                                 (') OJ No   L 163,  22. 6. 1983, p. 44.
moreover, impossible to establish the value of the oil or        (2) OJ No   L 197,  26. 7. 1988, p. 9.
oil cake processed from such seed, the world market price        (3) OJ No   L 266,  28. 9. 1983, p. 1 .
should be determined on the basis of the most recent             (4) OJ  No  L  187, 1 . 7. 1989, p. 130.
 ---pagebreak--- 1 . 8 . 89                              Official Journal of the European Communities                             No L 222/23
Whereas the aid for colza, rape or sunflower seed                      — the spot market rate for the currency of the
harvested or processed in Spain or Portugal is to be                      Member State in question in relation to each of
advised as provided for in Council Regulation (EEC) No                    the currencies of the Member States referred to in
478/86 (') ; whereas pursuant to Article 95 (2) and 293 (2)               (a), as recorded over a period to be determined ;
of the Act of Accession this aid is to be introduced at the
beginning of the 1986/87 marketing year for seed                  Whereas Regulation (EEC) No 1813/84 specifies the spot
harvested in these two Member States ;
                                                                  and forward exchange rates and the period to be used for
                                                                  calculating the differential amounts ; whereas in cases
                                                                  where, for one or more months, quotations of forward
Whereas, in Article 14 of Council Regulation (EEC) No             exchange rates are not available, the rates adopted for the
475/86 of 25 February 1986 laying down general rules for          previous months or the following months, as the case may
the mechanism for controlling the prices and the quanti­          be, must be used ;
ties of certain products in the oils and fats sector released
for consumption in Spain (2), as amended by Regulation            Whereas the subsidy should be fixed whenever the
(EEC) No 1930/88 (3), provision is made for the granting          market situation makes it necessary and in such a way as
of compensatory aid, subject to certain conditions ;              to ensure its being applied at least once a week ; whereas
whereas compensatory aid should be fixed for sunflower            the subsidy may be altered whenever it becomes obvious
seeds harvested in Spain ;                                        that such alteration is necessary ;
Whereas Council Regulation (EEC) No 1920/87 (4),                  Whereas it follows from applying these provisions to the
provides for the granting of a special subsidy for                offers and quotations known to the Commission that,
sunflower seed harvested and processed in Portugal ;              pursuant to Article 33 of Regulation (EEC) No 2681 /83
whereas the amount of this subsidy should be fixed ;              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, pursuant to the same Article, the spot and
Whereas Article 33 of Regulation (EEC) No 2681 /83                forward exchange rates for the ecu in national currencies
provides for the publication of the amount of the final           determined in accordance with Article 4 of Regulation
subsidy obtained from the conversion into each of the             (EEC) No 1813/84 must also be published,
national currencies of the amount in ecus 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 Q, as last amended by Regulation
(EEC) No 431 /89 (*), defined the elements which deter­           HAS ADOPTED THIS REGULATION :
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
lation or the subsidy of the coefficient derived from the                                    Article 1
percentage referred to in Article 2 ( 1 ) of Regulation (EEC)
No 1569/72 ; whereas, according to these provisions, this
percentage represents :
                                                                   1 . The amounts of the subsidy and the exchange rates
                                                                  referred to in Article 33 (2) and (3) of Regulation (EEC)
                                                                  No 2681 /83 shall be as set out in the Annex hereto.
(a) for those Member States whose currencies are main­
     tained as between themselves within a spread at any          2. The amount of the compensatory aid referred to in
     given moment of 2,25 % , the difference between :            Article 14 of Regulation (EEC) No 475/86 shall be as
     — the    conversion     rate  used under the common          shown in Annex III to this Regulation for sunflower seed
         agricultural policy, and                                 harvested in Spain.
     — the conversion rate resulting from the central rate ;      3. The amount of the special subsidy provided
                                                                  for by Regulation (EEC) 1920/87 for sunflower seed
(b) for the other Member States, the difference between :         harvested and processed in Portugal is fixed in Annex III.
     — the relationship between the conversion rate used          4. However, the amount of the subsidy for colza, rape
         under the common agricultural policy for the             and sunflower will be confirmed or replaced as from 1
         currency of the Member State concerned and the           August 1989 to take account of the consequences of the
         central rate of each of the currencies of the            application of the system of maximum guaranteed quanti­
         Member States referred to in (a), and                    ties.
(') OJ   No L  53, 1 . 3. 1986, p. 55.
0   OJ   No L  53, 1 . 3. 1986, p. 47.
0   OJ   No L  170, 2. 7. 1988, p. 3.                                                        Article 2
(4) OJ   No L  183, "3. 7. 1987, p. 18.
0   OJ   No L  170, 29. 6. 1984, p. 41
(*) OJ   No L  50, 22. 2. 1989, p. 7.                             This Regulation shall enter into force on 1 August 1989.
 ---pagebreak--- No L 222/24                    Official Journal of the European Communities                        1 . 8 . 89
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 31 July 1989.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission
 ---pagebreak---   1 . 8 . 89                                       Official Journal of the European Communities                                     No L 222/25
                                                                          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
\                                                          8 (')            9 (>)          10 0           11 (1)        12 (1)            10
  1 . Gross aids (ECU):
      — Spain                                                 1,170            1,170          1,170          1,170         1,170            1,170
      — Portugal                                             0,000            0,000          0,000           0,000         0,000            0,000
      — Other Member States                                 21,604           21,682         21,402         21,606        21,884           21,923
  2. Final aids :                                   \                I                               I
      (a) Seed harvested and processed in :         I                I               I               I             \
          — Federal Republic of Germany
              (DM)                                          51,30            51,48          50,83          51,31         51,97            52,23
          — Netherlands (Fl)                                56,99            57,19          56,46          56,99         57,73            57,97
          — BLEU (Bfrs/Lfrs)                            1 043,19         1 046,96        1 033,44       1 043,29      1 056,71         1 058,59
          — France (FF)                                   164,06           164,67          162,48         164,04        166,19           166,45
          — Denmark (Dkr)                                 192,93           193,62          191,12         192,94        195,43           195,77
          — Ireland (£ Irl)                                 18,260           18,328         18,083          18,257        18,496          18,526
          — United Kingdom (£)                              14,405           14,464         14,230          14,334        14,531          14,442
          — Italy (Lit)                                36 070          36 201          35 721          35 996        36 461           36 333
          — Greece (Dr)                                 3 562,69         3 560,38       3 470,93        3 467,95      3 518,82         3 417,18
      (b) Seed harvested in Spain and
          processed :
          — in Spain (Pta)                                178,89           178,89          178,89         178,89        178,89           178,89
          — in another Member State (Pta)               3 388,00         3 399,36       3 348,01        3 368,38      3 410,68         3 385,65
      (c) Seed harvested in Portugal and
          processed :
          — in Portugal (Esc)                                0,00             0,00           0,00            0,00          0,00             0,00
          — in another Member State (Esc)               4 780,49         4 795,41       4 725,10        4 692,04      4 738,07         4 679,09
  (') Subject to the consequences of the application of the system of maximum guaranteed quantities.
 ---pagebreak--- No L 222/26                                      Official Journal of the European Communities                                             1 . 8 . 89
                                                                       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
                                                         8 (')            9 (')         10 o            11 (1)        12 (1)             »(')
1 . Gross aids (ECU) :                            I                                                              l
    — Spain                                                3,670            3,670         3,670            3,670         3,670             3,670
    — Portugal                                             2,500            2,500         2,500            2,500         2,500             2,500
    — Other Member States                                 24,104          24,182         23,902          24,106        24,384            24,423
2. Final aids :                                                                                    \
    (a) Seed harvested and processed in :         \                                                \
        — Federal Republic of Germany
            (DM)                                          57,20            57,39         56,73           57,21         57,87             58,13
        — Netherlands (Fl)                                63,58            63,79         63,05           63,59         64,32             64,56
        — BLEU (Bfrs/Lfrs)                            1 163,91         1 167,67       1 154,15        1 164,00      1 177,43          1 179,31
        — France (FF)                                   183,31           183,92         181,72          183,28        185,43            185,70
        — Denmark (Dkr)                                 215,25           215,95         213,45          215,27        217,75            218,10
        — Ireland (£ Irl)                                 20,402           20,470        20,225          20,399        20,638            20,668
        — United Kingdom (£)                              16,159           16,217        15,983           16,088        16,285            16,196
        — Italy (Lit)                                40 253          40 384          39 904          40 178        40 643           40 515
        — Greece (Dr)                                 4 011,16         4 008,85       3 919,40        3 916,42      3 967,28         3 865,65
    (b) Seed harvested in Spain and
        processed :
        — in Spain (Pta)                                561,13           561,13         561,13          561,13        561,13            561,13
        — in another Member State (Pta)               3 770,24         3 781,60       3 730,25        3 750,62      3 792,92         3 767,89
    (c) Seed harvested in Portugal and
        processed :
        — in Portugal (Esc)                             480,01           480,01         480,01          480,01        480,01            480,01
        — in another Member State (Esc)               5 260,50         5 275,41       5 205,1 1       5 172,05      5 218,07          5 159,09
(') Subject to the consequences of the application of the system of maximum guaranteed quantities.
 ---pagebreak--- 1 . 8 . 89                                         Official Journal of the European Communities                                                  No L 222/27
                                                                               ANNEX III
                                                                      Aids to sunflower seed
                                                                                                                                           (amounts per 100 kg)
                                                            Current              1st period           2nd period          3rd period              4th period
                                                              «(')                   9 (')               10 (1))              11 (')                  12 (')
 1 . Gross aids (ECU):                             I
     — Spain                                                    6,890                  6,890                6,890                6,890                   6,890
     — Portugal                                                 0,000                  0,000                0,000                0,000                   0,000
     — Other Member States                                    20,204                  20335                21,164              21,174                  21,166
2. Final aids :                                                              \                     \
     (a) Seed harvested and processed in (2) :                               ||
         — Federal Republic of Germany
            (DM)                                              48,1 1                 48,42                 50,36               50,39                   50,38
         — Netherlands (Fl)                                   53,30                   53,64                55,83               55,85                   55,83
         — BLEU (Bfrs/Lfrs)                                  975,59                 981,91             1 021,94            1 022,43                1 022,04
         — France (FF)                                       152,37                 153,40               159,91              159,94                  159,83
         — Denmark (Dkr)                                     180,42                 181,59               189,00              189,09                  189,01
         — Ireland (£ Irl)                                     16,959                 17,073               17,798              17,801                  17,789
         — United Kingdom (£)                                  13,118                 13,217               13,810              13,753                  13,731
         — Italy (Lit)                                   33 699                  33 918               35 296              35 221                 35 205
         — Greece (Dr)                                    3 184,00                3 185,03             3 309,08            3 252,22                3 242,63
     (b) Seed harvested in Spain and
         processed :                               I
         — in Spain (Pta)                                  1 053,45               1 053,45             1 053,45            1 053,45                1 053,45
         — in another Member State (Pta)                  3 418,70                3 437,79             3 544,76            3 533,39                3 533,86
     (c) Seed harvested in Portugal and
         processed :                               I
         — in Portugal (Esc)                                    0,00                   0,00                 0,00                 0,00                    0,00
         — in Spain (Esc)                                 6 217,13                6 242,91             6 387,26            6 298,62                6 286,42
         — in another Member State (Esc)                  6 059,13                6 084,26             6 224,94            6 138,55                6126,66
3. Compensatory aids :                             l                                               \
     — in Spain (Pta)                                     3 372,35                3 391,44             3 498,40            3 487,04                3 487,51
4. Special aid :                                   l
     — in Portugal (Esc)                                  6 059,13                6 084,26             6 224,94            6 138,55                6 126,66
(') Subject in the case of fixing for the 1989/90 marketing year to the consequences of the application of the system of maximum guaranteed quantities.
(2) 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 ECU 1)
                                               Current               1st period          2nd period        3rd period        4th period            5th period
                                                  8                       9                    10                  11               12                   1
DM                                              2,073790                2,070280             2,066740            2,063270        2,063270              2,053550
Fl                                              2,338530                2,335040             2,331570            2,328190        2,328190              2,318510
Bfrs/Lfrs                                     43,429100               43,404300             43,380400         43,364300        43,364300             43,283700
FF                                              7,033660                7,033700             7,033080            7,032390        7,032390              7,033110
Dkr                                             8,056700                8,060380             8,062820            8,064630        8,064630 :            8,074190
£Irl                                            0,775877                0,775731             0,776228            0,776529        0,776529              0,779183
£                                               0,672148                0,674558             0,677035            0,679390        0,679390              0,686110
Lit                                        1 497,69                1 501,68            1 505,80          1 509,84          1 509,84              1 521,29
Dr                                           179,35400               181,49100             183,71500        186,32300         186,32300            193,20200
Esc                                          173,42800               174,30900             175,31700        176,48500         176,48500            180,08300
Pta                                          130,05400               130,68500             131,31100        131,94600         131,94600            133,77000