CELEX: 31985R2881
Language: en
Date: 1985-10-17 00:00:00
Title: Commission Regulation (EEC) No 2881/85 of 16 October 1985 fixing the amount of the subsidy on oil seeds

No L 277/ 18                           Official Journal of the European Communities                            17. 10 . 85
                                   COMMISSION REGULATION (EEC) No 2881 /85
                                                     of 16 October 1985
                                    fixing the amount of the subsidy on oil seeds
 THE COMMISSION OF THE EUROPEAN                                   subsidy in the case of advance fixing for October,
 COMMUNITIES,                                                     November, December 1985, January, February and
                                                                  March 1986 for colza and rape seed has been
 Having regard to the Treaty establishing the European            obtainable only provisionally on the basis of the target
 Economic Community,                                              price and the monthly increase as last proposed by the
                                                                  Commission to the Council for the marketing year
 Having regard to Council Regulation No 136/66/EEC                 1985/86 ; whereas this amount may, therefore, be
 of 22 September 1966 on the establishment of a                   applied on a temporary basis and should be confirmed
 common organization of the market in oils and fats ('),          or replaced when the indicative price of the 1985/86
 as last amended by Regulation (EEC) No 231 /85 (2),              marketing year is known ;
 and in particular Article 27 (4) thereof,
 Having regard to Council Regulation (EEC) No                     Whereas Article 29 of Regulation No 136/66/EEC
 1223/83 of 20 May 1983 on the exchange rates to be               provides that the world market price, calculated for a
 applied in agriculture (3), as last amended by Regula­           Community frontier crossing point, is to be deter­
 tion (EEC) No 1297/85 (4),                                       mined on the basis of the most favourable purchasing
                                                                  opportunities, quotations being adjusted where neces­
 Having regard to Council Regulation (EEC) No                     sary to take account of quotations for competing
 1569/72 of 20 July 1972 laying down special measures             products ;
 for colza, rape and sunflower seed (*), as last amended
 by Regulation (EEC) No 1474/84 (6), and in particular
Article 2 (3) thereof,                                            Whereas Article 4 of Council Regulation No 115/
                                                                  67/EEC of 6 June 1967 laying down criteria for deter­
 Having regard to the opinion of the Monetary                     mining world market prices for oil seeds and fixing
 Committee ,                                                      the frontier crossing point (9), as last amended by
                                                                  Regulation (EEC) No 1 983/82 (10), fixed the said cros­
                                                                  sing point at Rotterdam ; whereas Article 1 of that
Whereas Article 27 of Regulation No 136/66/EEC
 provides that a subsidy should be granted in respect of          Regulation provides that when the world market price
                                                                  is being determined account should be taken of all
 oil seeds harvested and processed within the Commu­              offers on the world market known to the Commission
 nity when the target price for a species of seed is
                                                                  and of quotations on those exchanges which are signi­
 higher than the price, on the world market ; whereas             ficant for international trade ; whereas Article 2 of
 these provisions at present apply only in respect of
 colza, rape and sunflower seeds ;                                Commission Regulation No 225/67/EEC of 28 June
                                                                  1967 on detailed rules for determining the world
                                                                  market price for oil seeds ("), as last amended by
Whereas the subsidy on oil seeds should, theoretically,           Regulation (EEC) No 1971 /85 (12), provides that offers
be equal to the difference between those two prices ;             and quotations which do not relate to shipments to be
                                                                  effected within 30 days following the date on which
Whereas the target price and the monthly increments               the world market price is determined should be disre­
 in the target price of sunflower seed for the 1985/86            garded ; whereas offers and quotations which the
 marketing year have been fixed in Regulations (EEC)              Commission believes, in view of general price move­
 No 1489/85 0, and (EEC) No 1490/85 (8) ;                         ments or information available to it, not to be repre­
                                                                  sentative of the real trend of the market must also be
Whereas in the absence of the target price for the                disregarded ; whereas offers and quotations relating to
 1985/86 marketing year for colza and rape seed and in            quantities of less than 500 tonnes and offers relating to
the absence of the amount of the monthly increase for             seed of a quality other than that normally acceptable
 November, December 1985, January, February and                   on the world market must also be disregarded ;
March 1986 for colza and rape seed, the amount of the
(') OJ  No  172, 30. 9. 1966, p. 3025/66.                         Whereas Article 3 of Regulation No 225/67/EEC
(2) OJ  No  L 26, 31 . 1 . 1985, p. 12.                           provides that of the offers and quotations taken into
(3) OJ  No  L 132, 21 . 5. 1983, p. 33.
(4) OJ  No  L 137, 27. 5. 1985, p. 1 .
O OJ No L 167, 25. 7. 1972, p. 9 .                                0 OJ   No  111 , 10 . 6. 1967, p. 2196/67.
I6) OJ No L 143, 30. 5. 1984, p. 4.                               H OJ    No  L 215, 23 .  7. 1982, p. 6.
O OJ No L 151 , 10 . 6. 1985, p . 13 .                            (") OJ  No  136, 30 . 6.  1967, p. 2919/67.
(8) OJ No L 151 , 10 . 6. 1985, p . 14.                           H OJ    No  L 185, 18 .  7. 1985, p. 15.
 ---pagebreak--- 17. 10 . 85                         Official Journal of the European Communities                         No L 277/ 19
consideration, those for delivery c and f should be           as a basis for determining the world market price and
increased by 0,2 % ; whereas offers and quotations for        where it is, moreover, impossible to establish the value
delivery fas, fob or otherwise should be increased, as        of the oil or oil cake processed from such seed, the
appropriate, by loading, transport and insurance costs        world market price should be determined on the basis
from the point of shipment or loading to the frontier         of the most recent known value for oil or oil cake,
crossing point ; whereas cif offers and quotations for        adjusted to take account of the trend of world prices
frontier crossing points other than Rotterdam should          for competing products by applying to that value the
be adjusted to allow for the difference in transport and      rules set out in Article 2 of Regulation No 115/
insurance costs as compared with a product delivered          67/EEC ; whereas Article 7 of Regulation No 225/
cif Rotterdam ; whereas the Commission should take            67/EEC defines competing products as those oils or
account only of the loading, transport and insurance          oil cakes, as the case may be, which appear to have
costs which to its knowledge are the lowest ; whereas,        been offered in the largest quantities on the world
finally, offers and quotations for delivery cif Rotterdam     market during the period under consideration ;
should be increased by 0,242 ECU ;
                                                              Whereas, under Article 6 of Regulation No 115/
Whereas Article 5 of Regulation No 115/67/EEC
                                                              67/EEC, the price determined for colza, rape and
provides that the world market price should be deter­
                                                              sunflower seeds must also be adjusted by an amount
mined for seed of the standard quality for which the
                                                              not exceeding the margin, as calculated in accordance
target price has been fixed, delivered in bulk ;
                                                              with that Article, where that margin may affect the
                                                              normal disposal of seeds harvested in the Community ;
Whereas Article 3 of Regulation No 225/67/EEC
provides that offers and quotations relating to products
presented otherwise than in bulk should be adjusted           Whereas the factors to be taken into consideration for
by deducting the additional value resulting from that         the purpose of determining that margin are defined in
presentation ; whereas offers and quotations relating to      Article 8 of Regulation No 225/67/EEC ; whereas no
a quality other than the standard quality for which the       adjustment should be made where the margin is found
target price was fixed should be adjusted on the basis        to be less than 0,604 ECU ;
of the coefficients of equivalence shown in the Annex
to that Regulation ; whereas, in the case of offers on
the world market for qualities of colza and rape seed
other than those listed in that Annex, coefficients of        Whereas Council Regulation (EEC) No 1594/83 of 14
equivalence derived from those listed in that Annex           June 1983 on the subsidy for oil seeds (') laid down
may, pursuant to Article 4 of Regulation No 225/               rules for granting the subsidy on oil seeds ; whereas,
67/EEC, be applied ; whereas, when derived coef­              under that Regulation, where the subsidy to be granted
ficients are being calculated, account must be taken of        is fixed in advance, the amount of such subsidy must
the differences between prices for the qualities of seed      be equal to the amount applicable on the day on
in question and prices for the qualities listed in that       which the application for advance fixing was lodged,
Annex, and of the characteristics of these various             adjusted by the difference between the target price
seeds :                                                       valid on that day and the target price valid on the day
                                                               on which the seeds are placed under control at an oil
                                                               or feed mill and, where appropriate, a corrective
Whereas Article 2 of Regulation No 115/67/EEC                  amount ; whereas Article 35 of Commission Regula­
provides that, where no offer or quotation can be used         tion (EEC) No 2681 /83 of 21 September 1983 laying
as a basis for determining the world market price, that        down detailed rules for the application of the subsidy
price should be determined on the basis of the value           system for oil seeds (2), as last amended by Regulation
                                                               (EEC) No 2825/85 (3), provides that such adjustment
of the average quantities of oil and oil cake resulting
from the processing of 100 kilograms of seed within            should involve increasing or reducing the amount of
the Community less an amount corresponding to the              subsidy applicable on the day on which the applica­
cost of processing these seeds into oil and oil cake ;         tion was lodged by the corrective amount and the
whereas the quantities and costs to be taken into              difference between the target prices mentioned in
                                                               Article 35 of Regulation (EEC) No 2681 /83 ;
consideration for the purposes of the calculation are
fixed in Article 5 of Regulation No 225/67/EEC ;
whereas the value of those quantities should be deter­
mined in accordance with Article 6 of that Regula­             Whereas Article 37 of Regulation (EEC) No 2681 /83
tion :
                                                               provides that the corrective amount must be equal to
                                                               (') OJ No L 163, 22. 6. 1983, p. 44.
Whereas Article 3 of Regulation No 115/67/EEC                   2) OJ No L 266, 28 . 9 . 1983 , p. 1 .
provides that, where no offer or quotation can be used         (3) OJ No L 268 , 10 . 10 . 1985, p. 16.
 ---pagebreak--- No L 277/20                          Official Journal of the European Communities                             17. 10 . 85
the difference between the world market price for              by a method which takes into account a coefficient
colza, rape and sunflower seeds and the forward price          applied to the conversion rate resulting from the
for those seeds valid for a shipment effected during           central rate ; whereas Regulation (EEC) No 2679/85 (2)
the month in which the seeds were placed under                 fixed the coefficient ;
control at an oil mill, those prices being determined in
accordance with Articles 1 , 4 and 5 of Regulation No          Whereas Regulation (EEC) No 1813/84 specifies the
 115/67/EEC ; whereas, if no offer and no price can be         spot and forward exchange rates and the period to be
used for such determination, the method of calculation         used for calculating the differential amounts ; whereas
provided for in Article 37 of Regulation (EEC) No              in cases where, for one or more months, quotations of
2681 /83 should be used ; whereas the abovementioned           forward exchange rates are not available, the rates
difference may be adjusted in accordance with Article          adopted for the previous months or the following
38 of Regulation (EEC) No 2681 /83, account being              months, as the case may be, must be used ;
taken of the prices of the main competing cereals ;
                                                               Whereas the subsidy should be fixed whenever the
                                                               market situation makes it necessary and in such a way
Whereas Article 33 of Regulation (EEC) No 2681 /83             as to ensure its being applied at least once a week ;
provides for the publication of the amount of the final        whereas the subsidy may be altered whenever it
subsidy obtained from the conversion into each of the          becomes obvious that such alteration is necessary ;
national currencies of the amount in ECU resulting
from the calculation referred to above plus or minus           Whereas it follows from applying these provisions to
the differential amount ; whereas Article 1 of Regula­         the offers and quotations known to the Commission
tion (EEC) No 1813/84 (') defined the elements which           that, pursuant to Article 33 of Regulation (EEC) No
determine the differential amounts ; whereas these             2681 /83 the amount of the subsidy in ECU and the
elements are equal to the incidence on the target price        amount of the subsidy in each of the national curren­
or the subsidy of the coefficient derived from the             cies must be fixed in accordance with the Annex to
percentage referred to in Article 2 ( 1 ) of Regulation        this Regulation ; whereas, pursuant to the same Article,
(EEC) No 1569/72 ; whereas, according to these provi­          the spot and forward exchange rates for the ECU in
                                                               national currencies determined in accordance with
sions, this percentage represents :
                                                               Article 4 of Regulation (EEC) No 1813/84 must also
                                                               be published,
(a) for those Member States whose currencies are
     maintained as between themselves within a spread
    at any given moment of 2,25 % , the difference
     between :                                                 HAS ADOPTED THIS REGULATION :
    — the conversion rate used under the common
         agricultural policy, and                                                      Article 1
    — the conversion rate resulting from the central
         rate,
                                                               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
(b) for Italy, the United Kingdom and Greece, the              hereto.
     difference between :
                                                               2. The amount of the subsidy in the case of advance
    — the relationship between the conversion rate             fixing for October, November, December 1985,
         used under the common agricultural policy for         January, February and March 1986 for colza and rape
         the currency of the Member State concerned            seed will, however, be confirmed or replaced as from
         and the central rate of each of the currencies of     17 October 1985 to take into account the indicative
         the Member States referred to in (a), and             price which is fixed for these products for the 1985/
                                                               1986 marketing year, and the amount of the monthly
    — the spot market rate for the currency of the             increase for November, December 1985, January,
         Member State in question in relation to each of       February and March 1986 for colza and rape seed.
         the currencies of the Member States referred to
         in (a), as recorded over a period to be deter­
         mined :
                                                                                       Article 2
Whereas, however, pursuant to Article 2a of Regula­
tion (EEC) No 1569/72, the monetary disparity for the          This Regulation shall enter into force on 17 October
marketing years 1984/85 to 1986/87 will be calculated          1985 .
(') OJ No L 170 , 29 . 6 . 1984, p. 41 .                       (2) OJ No L 254, 25. 9. 1985, p. 14.
 ---pagebreak--- 17. 10 . 85                    Official Journal of the European Communities                      No L 277/21
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 16 October 1985.
                                                                   For the Commission
                                                                    Frans ANDRIESSEN
                                                                       Vice-President
 ---pagebreak--- No L 277/22                                  Official Journal of the European Communities                                                                    17. 10 . 85
                                                                        ANNEX I
                                                           Aids to colza and rape seed
                                                                                                                                          (amounts per 100 kilograms)
                                                    Current
                                                                       1st month           2nd month            3rd month             4th month           5th month
                                                     month
1 . Gross aids (ECU)                                 25,527 (')           26,047 (')          26,567 (')           27,053 (')            27,134 (')           27,654 (')
2. Final aids                                 I                                                            l
    Seeds harvested and processed in :        ||I1lII
    — Federal Republic of Germany (DM)               62,37    (')         63,61   (')         64,87   (')          66,17 (')             66,40 (')            68,07 (')
    — Netherlands (Fl)                               70,28    (')         71,68   (')         73,08   (')          74,53 (')             74,79 (')            76,62 (')
    — BLEU (Bfrs/ Lfrs)                           1 184,75    (')     1 208,89    (■)      1 233,02   (')      1 254,72 (')          1 258,46 (')        1 276,03 (*)
    — France (FF)                                   176,41    (')       180,05    (')        183,36   (■)         186,13 (')            186,63 (')           190,28 (')
    — Denmark (Dkr)                                 214,81    (■)       219,18    (')        223,56 0            227,65 (')            228,33 (')           232,24 (')
    — Ireland (£ Irl)                                19,148   (')         19,538  (')         1 9,925 (')          20,250 (')            20,309 (')        . 20,601 (')
    — United Kingdom (£)                             15,771   (')         16,093  (>)         16,414 (1)           16,71 5 (')           1 6,765 (')           1 6,935 (')
    — Italy (Lit)                               36 157        (')    36 925       (')    37 524       (')    38 076        (')     38 156        (')   38 728          (')
    — Greece (Dr)                                 1 877,64    (')     1 930,86    (')      1 984,07 (')        2 032,67 (')          2 026,25 (')       2 079,47 (')
(') On the basis of the Commission s last proposal concerning the indicative price and subject to confirmation by the Council's decision.
                                                                       ANNEX II
                                                                Aids to sunflower seed
                                                                                                                                          (amounts per 100 kilograms)
                                                      Current
                                                                             1st month              2nd month                  3rd month               4th month
                                                      month
1 . Gross aids (ECU)                                    31,609                   32,224                   32,839                    35,605                    35,954
2. Final aids
    Seeds harvested and processed in :        lII
    — Federal Republic of Germany (DM)                  77,18                    78,65                    80,14                     86,74                     87,59
    — Netherlands (Fl)                                  86,97                    88,62                    90,27                     97,70                     98,66
    — BLEU (Bfrs/Lfrs)                               1 467,03                 1 495,57               1 524,12                   1 651,55                1 667,73
    —   France (FF)                                    218,52                   222,83                  226,73                    245,66                    248,07
    —   Denmark (Dkr)                                  265,99                   271,16                  276,34                    299,62                    302,55
    —   Ireland (£ Irl)                                 23,710                   24,172                   24,629                    26,660                    26,921
    —   United Kingdom (£)                              19,529                   19,910                   20,290                    22,004                    22,219
    —   Italy (Lit)                                 44 832                  45 740                  46 445                    50 544                  51 036
    —   Greece (Dr)                                  2 351,49                2 414,43                2 477,38                   2 832,57                2 859,37
                                                                       ANNEX III
                        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 month             2nd month             3rd month              4th month             5th month
                                           month
DM                                         2,211230               2,204190              2,197570              2,190740                2,190740               2,171650
Fl                                         2,492460               2,487390              2,482540              2,477080                2,477080               2,462460
Bfrs/ Lfrs                                44,824800             44,839300              44,860100            44,890000               44,890000             45,004700
FF                                         6,741320               6,750630              6,762770              6,777990                6,777990               6,824810
Dkr                                        8,014590               8,017740              8,019200              8,021870                8,021870               8,031570
£ Irl                                      0,714525               0,715334              0,715429              0,716572                0,716572               0,719010
£                                          0,589677               0,591365              0,592886              0,594120                0,594120               0,597361
Lit                                    1 492,97             1 500,99              1 507,59               1 514,39               1 514,39              1 532,10
Dr                                       129,21600             129,22100              129,22600            129,23100              129,23100             129,33100