CELEX: 31988R2666
Language: en
Date: 1988-08-27 00:00:00
Title: Commission Regulation (EEC) No 2666/88 of 26 August 1988 fixing the amount of the subsidy on oil seeds

Official Journal " of the European Communities                                27. 8 . 88
No L 237/32
                                    COMMISSION REGULATION (EEC) No 2666/88
                                                        of 26 August 1988
                                      fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                            1988/89 marketing year were fixed by Regulations (EEC)
                                                                       No 2213/88 0 and (EEC) No 2214/88 (8) ;
Having regard to the Treaty establishing the European
Economic Community,                                                    Whereas a supplement to the target price for 'double zero
                                                                       colza and rape seed was fixed in Regulation (EEC) No
                                                                       2213 / 88 ;
Having regard to the Act of Accession of Spain and
Portugal,                                                              Whereas the abatement of the subsidy which arises, where
                                                                       appropriate, from the system of maximum guaranteed
                                                                       quantities for the 1988/89 marketing year, has not, to
Having regard to Council Regulation No 136/66/EEC of                   date, been fixed ; whereas the amount of the subsidy for
22 September 1966 on the establishment of a common                     the 1988/89 marketing year has been provisionally calcu­
organization of the market in oils and fats ('), as last               lated on the basis of an abatement of 4,502 ECU per 100
amended by Regulation (EEC) No 2210/88 (2), and in                     kilograms for colza and rape seed and on the basis of an
particular Article 27 (4) thereof,                                     abatement of 5,835 ECU per 100 kilograms for sunflower
                                                                       seed :
Having regard to Council Regulation (EEC) No
 1678/85 (3) fixing the conversion rates to be applied in              Whereas the standard quality for sunflower seed has been
agriculture, as last amended by Regulation (EEC) No                    maintained by the Council for the 1988/89 marketing
2185/88 (4),                                                           year ; whereas the coefficients of equivalence applied to
                                                                       the prices of sunflower seed from third countries have
                                                                       been fixed by Commission Regulation (EEC) No
                                                                        2869/87 0 ;
 Having regard to Council Regulation (EEC) No 1569/72
 of 20 July 1972 laying down special measures for colza,
 rape and sunflower seed (*), as last amended by Regulation             Whereas Article 29 of Regulation No 136/66/EEC
 (EEC) No 2216/88 (6), and in particular Article 2 (3)                  provides that the world market price, calculated for a
 thereof,
                                                                        Community frontier crossing point, is to be determined
                                                                        on the basis of the most favourable purchasing opportuni­
                                                                        ties, quotations being adjusted where necessary to take
 Having regard to the opinion of the Monetary Committee,                account of quotations for competing products ;
 Whereas Article 27 of Regulation No 136/66/EEC                         Whereas Article 4 of Council Regulation No 115/67/EEC
 provides that a subsidy should be granted in respect of oil            of 6 June 1967 laying down criteria for determining
 seeds harvested and processed within the Community                     world market prices for oil seeds and fixing the frontier
 when the target price for a species of seed is higher than             crossing point (10), as last amended by Regulation (EEC)
 the price on the world market ; whereas these provisions               No 1983/82 ("), fixed the said crossing point . at
 at present apply only in respect of colza, rape and                    Rotterdam ; whereas Article 1 of that Regulation provides
 sunflower seeds ;                                                      that when the world market price is being determined
                                                                        account should be taken of all offers on the world market
                                                                        known to the Commission and of quotations on those
                                                                        exchanges which are significant for international trade ;
  Whereas the subsidy on oil seeds should, theoretically, be            whereas Article 2 of Commission Regulation No 225/
  equal to the difference between those two prices ;                     67/EEC of 28 June 1967 on detailed rules for determi­
                                                                         ning the world market price for oil seeds (12), as last
                                                                         amended by Regulation (EEC) No 2869/87, provides that
  Whereas the target price and the monthly increases in the              offers and quotations which do not relate to shipments to
  target price for colza, rape and sunflower seed for the                be effected within 30 days following the date on which
  (') OJ No 172, 30. 9 . 1966, p. 3025/66.                               P) OJ No L 197, 26. 7. 1988.
  (2) OJ No L 197, 26. 7. 1988 .                                         (8) OJ No L 197, 26. 7. 1988 .
 f)   OJ No  L 164, 24.  6. 1985, p. 11 .                                (>) OJ No L 273, 26. 9. 1987, p. 16.
  (4) OJ No  L 195, 23.  7. 1988, p. 1 .                                 (I0) OJ No 111 , 10. 6. 1967, p. 2196/67.
  0   OJ No  L 167, 25.  7. 1972, p. 9 .                                 (») OJ No L 215, 23. 7. 1982, p. 6.
  (6) OJ No  L 197, 26.  7. 1988 .                                       (I2) OJ No 136, 30. 6. 1967, p. 2919/67.
 ---pagebreak---    27- 8 - 88                            Official Journal of the European Communities                             No L 237/33
   the world market price is determined should be disre­             be determined in accordance with Article 6 of that
  garded ; whereas offers and quotations which the                   Regulation ;
   Commission believes, in view of general price movements
   or information available to it, not to be representative of
   the real trend of the market must also be disregarded ;
  whereas offers and quotations relating to quantities of lkss       whereas Article 3 of Regulation No 115/67/EEC provides
  than 500 tonnes and offers relating to seed of a quality           that, where no offer or quotation can be used as a basis
  other than that normally acceptable on the world market            for determining the world market price and where it is,
  must also be disregarded ;                                         moreover, impossible to establish the value of the oil or
                                                                    oil cake processed from such seed, the world market price
                                                                    should be determined on the basis of the most recent
                                                                    known value for oil or oil cake, adjusted to take account
  Whereas Article 3 of Regulation No 225/67/EEC provides            of the trend of world prices for competing products by
  that of the offers and quotations taken into consideration,       applying to that value the rules set out in Article 2 of
  those for delivery c and f should be increased by 0,2 % ;         Regulation No 1 15/67/EEC ; whereas Article 7 of Regula­
  whereas offers and quotations for delivery fas, fob or            tion No 225/67/EEC defines competing products as those
  otherwise should be increased, as appropriate, by loading,        oils or oil cakes, as the case may be, which appear to have
  transport and insurance costs from the point of shipment          been offered in the largest quantities on the world market
  or loading to the frontier crossing point ; whereas cif           during the period under consideration :
  offers and quotations for frontier crossing points other
  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             Whereas, under Article 6 of Regulation No 115/67/EEC,
  sion should take account only of the loading, transport           the price determined for colza, rape and sunflower seeds
  and insurance costs which to its knowledge are the                must also be adjusted by an amount not exceeding the
  lowest ; whereas, finally, offers and quotations for delivery    margin, as calculated in accordance with that Article,
 cif Rotterdam should be increased by 0,242 ECU ;                  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              whereas Council Regulation (EEC) No 1594/83 of 14
 seed of the standard quality for which the target price has       June 1983 on the subsidy for oil seeds ('), as last amended
 been fixed, delivered in bulk :                                   by Regulation (EEC) No 2215/88 (2), laid down rules for
                                                                   granting the subsidy on oil seeds ; whereas, under that
                                                                   Regulation, where the subsidy to be granted is fixed in
                                                                   advance, the amount of such subsidy must be equal to the
 whereas Article 3 of Regulation No 225/67/EEC provides            amount applicable on the day on which the application
 that offers and quotations relating to products presented         for advance fixing was lodged, adjusted by the difference
 otherwise than in bulk should be adjusted by deducting            between the target price valid on that day and the target
 the additional value resulting from that presentation ;           price valid on the day on which the seeds are placed
 whereas offers and quotations relating to a quality other         under control at an oil or feed mill and, where appro­
 than the standard quality for which the target price was          priate, a corrective amount ; whereas Article 35 of
 fixed should be adjusted on the basis of the coefficients of      Commission Regulation (EEC) No 2681 /83 of 21
 equivalence shown in the Annex to that Regulation ;               September 1983 laying down detailed rules for the appli­
whereas, in the case of offers on the world market for
                                                                   cation of the subsidy system for oil seeds (3), as last
 qualities of colza and rape seed other than those listed in       amended by Regulation (EEC) No 2586/88 (4), provides
 that Annex, coefficients of equivalence derived from those        that such adjustment should involve increasing or redu­
 listed in that Annex may, pursuant to Article 4 of Regula­        cing the amount of subsidy applicable on the day on
 tion No 225/67/EEC, be applied ; whereas, when derived            which the application was lodged by the corrective
coefficients are being calculated, account must be taken of        amount and the difference between the target prices
the differences between prices for the qualities of seed in        mentioned in Article 35 of Regulation (EEC) No
question and prices for the qualities listed in that Annex,        2681 /83 :
and of the characteristics of these various seeds :
                                                                   Whereas Article 37 of Regulation (EEC) No 2681 /83
 Whereas Article 2 of Regulation No 115/67/EEC provides           provides that the corrective amount must be equal to the
that, where no offer or quotation can be used as a basis          difference between the world market price for colza, rape
for determining the world market price, that price should         and sunflower seeds and the forward price for those seeds
be determined on the basis of the value of the average            valid for a shipment effected during the month in Which
quantities of oil and oil cake resulting from the proces­         the seeds were placed under control at an oil mill, those
sing of 100 kilograms of seed within the Community less           prices being determined in accordance with Articles 1 , 4
an amount corresponding to the cost of processing these
seeds into oil and oil cake ; whereas the quantities and
costs to be taken into consideration for the purposes of          (') OJ No L 163, 22. 6. 1983, p. 44.
                                                                  0 OJ No L 197, 26. 7. 1988 .
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 230, 19. 8. 1988, p. 23 .
 ---pagebreak---                                           Official Journal of the European Communities                                    27. 8 . 88
No L 237/34
and 5 of Regulation No 115/67/EEC ; whereas, if no offer            (a) for those Member States whose currencies are main­
and no price can be used for such determination, the                       tained as between themselves within a spread at any
method of calculation provided for in Article 37 of Regu­                  given moment of 2,25 % , the difference between :
lation (EEC) No 2681 /83 should be used ; whereas the                      — the conversion rate used under the common
abovementioned difference may be adjusted in accordance                        agricultural policy, and
with Article 38 of Regulation (EEC) No 2681 /83, account
being taken of the prices of the main competing cereals ;                  — the conversion rate resulting from the central rate,
                                                                     (b) for the other Member States, the difference between :
                                                                           — the relationship between the conversion rate used
                                                                               under the common agricultural policy for the
Wherea^ the aid for colza, rape or sunflower seed                              currency of the Member State concerned and the
harvested or processed in Spain or Portugal is to be                           central rate of each of the currencies of the
advised as provided for in Council Regulation (EEC) No                         Member States referred to in (a), and
478/86 (') ; whereas pursuant to Article 95 (2) and 293 (2)
of the Act of Accession of Spain and Portugal this aid is                  — the spot ,^narket rate for the currency of the
to be introduced at the beginning of the 1986/87 marke­                        Member State in question in relation to each of
 ting year for seed harvested in these two Member States ;                     the currencies of the Member States referred to in
                                                                               (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 (2) of 25 February 1986 laying down general rules             where, for one or more months, quotations of forward
 for the mechanism for controlling the prices and the                 exchange rates are not available, the rates adopted for the
 quantities of certain products in the oils and fats sector           previous months or the following months, as the case may
 released for consumption in Spain provision is made for              be, must be used ;
 the granting of compensatory aid, subject to certain
 conditions ; whereas compensatory aid should be fixed for
 sunflower seeds harvested in Spain ;                                 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 week ; whereas
                                                                      the subsidy may be altered whenever it becomes obvious
                                                                      that such alteration is necessary ;
  Whereas Council Regulation (EEC) No 1920/87 (3),
  provides for the granting of a special subsidy for                  Whereas it follows from applying these provisions to the
  sunflower seed harvested and processed in Portugal ;                offers and quotations known to the Commission that,
  whereas the amount of this subsidy should be fixed ; .              pursuant to Article 33 of Regulation (EEC) No 2681 /83
                                                                      the amount of the subsidy in ECU 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
                                                                       forward exchange rates for the ECU in national currencies
  Whereas Article 33 of Regulation (EEC) No 2681 /83                   determined in accordance with Article 4 of Regulation
  provides for the publication of the amount of the final             (EEC) No 1813/84 must also be published,
  subsidy obtained from the conversion into each of the
  national currencies of the amount in ECU resulting from
  the calculation referred to above plus or minus the diffe­
  rential amount ; whereas Article 1 of Commission Regula­
  tion (EEC) No l$13/84 (4), as last amended by Regulation
  (EEC) No 2138/87 (*), defined the elements which deter­
  mine the differential amounts ; whereas these elements               HAS ADOPTED THIS REGULATION :
  are equal to the incidence on the target price less 7,5 %
  or the subsidy of the coefficient derived from the percen­
  tage referred to in Article 2 (1 ) of Regulation (EEC) No
   1569/72 ; whereas, according to these provisions, this
  percentage represents :                                                                         Article 1
  (')  OJ No L  53, 1 . 3. 1986, p. 55.
  (2)  OJ No L  53, 1 . 3. 1986, p. 47.                                 1.    The amounts of the subsidy and the exchange rates
   (3) OJ No L  183, 3. 7. 1987, p. 18 .                                referred to in Article 33 (2) and (3) of Regulation (EEC)
   0   OJ No L  170, 29. 6. 1984, p. 41 .                               No 2681 /83 shall be as set out in the Annex hereto.
   0   OJ No L  200, 21 . 7. 1987, p. 9 .
 ---pagebreak--- 27. 8 . 88                          Official Journal of the European Communities                           No L 237/35
2. The amount of the compensatory aid referred to in           from 29 August 1988 to take account, where applicable, of
Article 14 of Regulation (EEC) No 475/86 shall be as           the consequences of the application of the maximum
shown in Annex III to this Regulation for sunflower seed       guaranteed quantitees system .
harvested in Spain.
3. The amount of the special subsidy provided
for by Regulation (EEC) 1920/87 for sunflower seed
harvested and processed in Portugal is fixed in Annex III.                             Article 2
4. However, the amount of aid for colza, rape and
sunflower seed shall be confirmed or replaced with effect      This Regulation shall enter into force on 29 August 1988 .
               This Regulation shall be, binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 26 August 1988.
                                                                       For the Commission
                                                                        Frans ANDRIESSEN
                                                                           Vice-President
 ---pagebreak---                                                  Official Journal of the European Communities                                         27. 8 . 88
No L 237/36
                                                                      ANNEXE
                                               Aids to colza and rape seed other than 'double zero'
                                                                                                                      (amounts per 100 kilograms)
                                                      Current        1st period        2nd period   3rd period    4th period       5th period
                                                        8 (')            9 (')             10 o         110           12 0             l (')
1 . Gross aids (ECU) :
     — Spain                                              0,580            0,580              0,580       0,580          0,580            0,580
     — Portugal                                           0,000            0,000              0,000       0,000          0,000            0,000
     — Other Member States                               13,543           13,543            12,829       12,203        12,521           12,540
2. Final aids :                                   \                                                             I
     (a) Seed harvested and processed in :        I
          — Federal Republic of Germany
             (DM)                                        32,45            32,45             30,78        29,35         30,10            30,47
          — Netherlands (Fl)                             36,07            36,07             34,19        32,54         33,38            33,77
          — BLEU (Bfrs/Lfrs)                            645,66          645,66             611,19       580,89        596,17           605,52
          — France (FF)                                  92,25            92,25             86,64        81,61         83,98            88,18
          — Denmark (Dkr)                               114,38           114,38            108,00       102,36        105,14           108,58
          — Ireland (£ Irl)                              10,241           10,241              9,617       9,057          9,321            9,803
          — United Kingdom (£)                             7,310            7,310             6,779       6,255          6,464            7,046
                                                     18 562          18 562             17 290      16 046        16 554           17 599
          — Italy (Lit)
          — Greece (Dr)                               1 103,60        1 098,64             940,81       778,41        825,73           724,96
     (b) Seed     harvested    in    Spain   and
          processed :
          — in Spain (Pta)                               89,44            89,44              89,44       89,44          89,44            89,44
          — in another Member State (Pta)             2 178,50        2 178,50           2 069,33     1 964,93      2 013,97         1 989,87
      (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)             2 673,89        2 673,89           2 520,25     2 373,50      2 428,1 1        2 364,33
 (l) Subject to the reduction resulting from the maximum guaranteed quantities system.
 ---pagebreak---  27. 8 . 88                                      Official Journal of the European Communities                                   No L 237/37
                                                                      ANNEX II
                                                    Aids to colza and rape seed 'double zero'
                                                                                                                     (amounts per 100 kilograms)
                                                      Current        1st period        2nd period  3rd period    4th period       5th period
l                                                       8 (')            90               10 (')      11 (1)        12 0              1 (')
 1 . Gross aids (ECU) :                                                                                        \
     — Spain                                              3,080            3,080            3,080        3,080         3,080            3,080
     — Portugal                                           2,500            2,500            2,500        2,500         2,500            2,500
     — Other Member States                               16,043          16,043            15,329      14,703         15,021           15,040 ;
2. Final aids :                                                                     I                          l
     (a) Seed harvested and processed in :                                          \
         — Federal Republic of Germany
             (DM)                                       38,36            38,36             36,69       35,25          36,00           36,38
         — Netherlands (Fl)                             42,69            42,69             40,80       39,15          40,00           40,39
         — BLEU (Bfrs/Lfrs)                            765,83           765,83            731,35      701,05        716,34           726,23
         — France (FF)                                 110,94           110,94            105,33      100,30        102,67           107,14
         — Denmark (Dkr)                               136,26           136,26            129,89      124,24        127,03           130,69
         — Ireland (£ Irl)                               12,320          12,320            11,696      11,135         11,400           11,912
         — United Kingdom (£)                             8,951            8,951            8,419        7,895         8,104            8,734
         — Italy (Lit)                              22 554          22 554             21 283      20 038        20 546           21 687
         — Greece (Dr)                               1 475,60         1 470,63          1 312,81    1 150,41      1 197,73         1 096,95
     (b) Seed    harvested
         processed :
                              in    Spain)  and
                                                                                                               I
         — in Spain (Pta)                              474,98           474,98            474,98      474,98        474,98           474,98
         — in another Member State (Pta)             2 564,03        2 564,03           2 454,86 .  2 350,46      2 399,50         2 375,41
     (c) Seed harvested in Portugal and
         processed :
         — in Portugal (Esc)                           429,31
                                                                                                               I
                                                                        429,31            429,31      429,31        429,31           429,31
         — in another Member State (Esc)             3 103,20        3 103,20           2 949,56    2 802,81      2 857,42         2 793,64
(') Subject to the reduction resulting from the maximum guaranteed quantities system .
 ---pagebreak--- No L 237/38                                         Official Journal of the European Communities                                                          27. 8 . 88
                                                                             ANNEX III
                                                                      Aids to sunflower seed
                                                                                                                                         (amounts per 100 kilograms)
                                                            Current              1st period              2nd period          3rd period             4th period
                                                              8 (')                  9 (')                   10 (')              11 (')                 12 (')
 1 . Gross aids (ECU) :
      — 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                                    17,417                 17,009                  16,601               16,734                 16,949
2. Final aids :
-     (a) Seed harvested and processed in (2) :
          — Federal Republic of Germany
              (DM)                                             41,75                  40,79                   39,84                40,19                  40,70
          — Netherlands (Fl)                                   46,39                  45,31                   44,24                44,59                  45,16
          — BLEU (Bfrs/Lfrs)                                  830,27                 810,57                  790,87              797,21                 807,51
          — France (FF)                                       118,49                 115,29                  112,09              112,99                  114,53
          — Denmark (Dkr)                                     147,03                 143,39            .     139,74              140,86                  142,72
          — Ireland (£ Irl)                                    13,155                 12,798                   12,442              12,542                 12,714
          — United Kingdom (£)                                   9,377                  9,082                   8,766               8,774                  8,904
          — Italy (Lit)                                   23 823                 23 120                  22 364              22 391                 22 712
          — Greece (Dr)                                     1 404,96              1 322,16                1 214,38            1 184,05                1 209,43
      (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)                   1 773,68               1 711,40                1 648,89            1 657,85               1 691,20
      (c) Seed harvested in Portugal and
          processed :
          — in Portugal (Esc)                                    0,00                   0,00                    0,00                0,00                   0,00
          — in Spain (Esc)                                  3 542,34              3 462,62                3 358,63            3 349,50                3 384,23
          — in another Member State (Esc)                   3 439,80              3 362,40                3 261,42            3 252,55                3 286,27
  3. Compensatory aids :
       — in Spain (Pta)                                     1 713,37               1 646,03                1 588,28            1 597,25               1 630,60
  4. Special aid :
       — in Portugal (Esc)                                  3 439,80               3 362,40                3 261,42            3 252,55               3 286,27
  (') Subject to the reduction resulting from the maximum guaranteed quantities system.
  (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 1,0298070.
                                                                              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
                                                     8                     9                    10                    11                12                   1
  DM                                              2,083550               2,079900             2,076200              2,072260         2,072260             2,061220
  Fl                                              2,342140               2,338740             2,334980              2,331050         2,331050             2,318930
  Bfrs/Lfrs                                      43,673200             43,664200             43,655600             43,643800        43,643800            43,647000
  FF                                              7,061700               7,064080             7,066190              7,071000         7,071000             7,084280
   Dkr                                             7,977230              7,984250             7,989670              7,995210         7,995210             8,014230
  £Irl                                             0,775965              0,775752             0,775426              0,775368         0,775368             0,775738
  £                                                0,647382              0,649336             0,651270              0,653201         0,653201             0,658181
   Lit                                        1 542,43              1 546,65             1 551,70             1 556,32          1 556,32             1 570,94
   Dr                                           167,03000             168,09800             169,20200            170,61300         170,61300           174,57900
   Esc                                          169,27700             170,07900             170,86000            171,70100         171,70100           174,06100
   Pta                                          136,53300             136,87900             137,22200            137,54500         137,54500           138,48200