CELEX: 31990R3723
Language: en
Date: 1990-12-21 00:00:00
Title: Commission Regulation (EEC) No 3723/90 of 20 December 1990 fixing the amount of the subsidy on oil seeds

No L 358/64                               Official Journal of the European Communities                               21 . 12. 90
                                    COMMISSION REGULATION (EEC) No 3723/90
                                                      of 20 December 1990
                                        fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          tries have been fixed by Commission Regulation No
                                                                     225/67/EEC (?), as last amended by Regulation (EEC) No
Having regard to the Treaty establishing the European                2869/87 (10) ;
Economic Community,
Having regard to the Act of Accession of Spain and                   Whereas the target prices and the intervention prices
Portugal,                                                            fixed by the Council are to be reduced in accordance with
                                                                     Commission Regulation (EEC) No 1756/90 of 27 June
Having regard to Council Regulation No 136/66/EEC of
                                                                     1990 establishing the target and intervention prices for
                                                                     colza, rape and sunflower seed and the guide and
22 September 1966 on the establishment of a common                   minimum prices for soya beans, fixed in ecus by the
organization of the market in oils and fats (l), as last             Council and reduced as a result of the monetary realign­
amended by Regulation (EEC) No 3499/90 (2), and in                   ment of 5 January 1990 (n);
particular Article 27 (4) thereof,
Having regard to Council Regulation (EEC) No                         Whereas the abatement of the subsidy for colza and rape
 1678/85 (3) fixing the conversion rates to be applied in            seed which arises, where appropriate, from the system of
agriculture, as last amended by Regulation (EEC) No                  maximum guaranteed quantities for the 1990/91 marke­
3709/90 (4),                                                         ting year, has been fixed by Commission Regulation
                                                                     (EEC) No 2509/90 (12) ;
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 the abatement of the subsidy for sunflower seed
(EEC) No 2206/90 (®), and in particular Article 2 (3)                which arise from the system of maximum guaranteed
thereof,                                                             quantities for the 1990/91 marketing year has been fixed
                                                                     by Commission Regulation (EEC) 2833/90 (13) ;
Having regard to the opinion of the Monetary Committee,
Whereas Article 27 of Regulation No 136/66/EEC
                                                                     Whereas Article 29 of Regulation No 136/66/EEC
provides that a subsidy should be granted in respect of oil          provides that the world market price, calculated for a
seeds harvested and processed within the Community                   Community frontier crossing point, is to be determined
when the target price for a species of seed is higher than           on the basis of the most favourable purchasing opportuni­
the price on the world market ; whereas these provisions             ties, quotations being adjusted where necessary to take
at present apply only in respect of colza, rape and                  account of quotations for competing products ;
sunflower seeds ;
                                                                     Whereas Article 4 of Council Regulation No 115/67/EEC
Whereas the subsidy on oil seeds should, theoretically, be           of 6 June 1967 laying down criteria for determining
equal to the difference between those two prices ;                   world market prices for oil seeds and fixing the frontier
                                                                     crossing point (H), as last amended by Regulation (EEC)
Whereas the target price and the monthly increases in the            No 1983/82 (15), fixed the said crossing point at
target price for colza, rape and sunflower seed for the              Rotterdam ; whereas Article 1 of that Regulation provides
 1990/91 marketing year were fixed by Council Regula­                that when the world market price is being determined
tions (EEC) No 1317/90 0 and (EEC) No 1318/90 (8);                   account should be taken of all offers on the world market
                                                                     known to the Commission and of quotations on those
Whereas a supplement to the target price for 'double zero'           exchanges which are significant for international trade ;
colza and rape seed was fixed by Regulation (EEC) No                 whereas Article 2 of Regulation No 225/67/EEC provides
 1317/90 for the 1990/91 marketing year ;                            that offers and quotations which do not relate to ship­
                                                                     ments to be effected within 30 days following the date on
Whereas the standard quality for sunflower seed has been             which the world market price is determined should be
maintained by the Council for the 1989/90 and 1990/91                disregarded ; whereas offers and quotations which the
marketing years ; whereas the coefficients of equivalence            Commission believes, in view of general price movements
applied to the prices of sunflower seed from third coun­             or information available to it, not to be representative of
                                                                     the real trend of the market must also be disregarded ;
(>) OJ  No 172, 30. 9. 1966, p.  3025/66.
(J) OJ  No L 338, 5. 12. 1990,   p. 1 .                              O OJ No    136, 30. 6. 1967, p. 2919/67.
O   OJ  No L 164, 24. 6. 1985,   p. 11 .                             (l0) OJ No  L 273, 26. 9. 1987, p. 16.
(4) See page 13 of this Official Journal.                            (") OJ No   L 162, 28. 6. 1990, p. 19.
(j OJ No L 167, 25. 7. 1972, p. 9.                                   (12) OJ No  L 237, 1 . 9. 1990, p. 7.
ft OJ No L 201 , 31 . 7. 1990, p. 11 .                               H OJ No     L 268, 29 . 9. 1990, p. 86.
0 OJ No L 132, 23. 5. 1990, p. 9 .                                   H OJ No     111 , 10. 6. 1967, p. 21 96/67.
(*) OJ No L 132, 23. 5. 1990, p. 11 .                                (1S) OJ No  L 215, 23. 7. 1982, p. 6.
 ---pagebreak--- 21 . 12. 90                            Official Journal of the European Communities                            No L 358/65
Whereas offers and quotations relating to quantities of          for determining the world market price and where it is,
less than 500 tonnes and offers relating to seed of a            moreover, impossible to establish the value of the oil or
quality other than that normally acceptable on the world         oil cake processed from such seed, the world market price
market must also be disregarded ;                                should be determined on the basis of the most recent
                                                                  known value for oil or oil cake, adjusted to take account
                                                                  of the trend of world prices for competing products by
Whereas Article 3 of Regulation No 225/67/EEC provides            applying to that value the rules set out in Article 2 of
that of the offers and quotations taken into consideration,       Regulation No 115/67/EEC ; whereas Article 7 of Regula­
those for delivery c and f should be increased by 0,2 % ;         tion No 225/67/EEC defines competing products as those
whereas offers and quotations for delivery fas, fob or            oils or oil cakes, as the case may be, which appear to have
otherwise should be increased, as appropriate, by loading,        been offered in the largest quantities on the world market
transport and insurance costs from the point of shipment          during the period under consideration ;
or loading to the frontier crossing point ; whereas cif
offers and quotations for frontier crossing points other
than Rotterdam should be adjusted to allow for the diffe­
rence in transport and insurance costs as compared with a         Whereas, under Article 6 of Regulation No 115/67/EEC,
product delivered cif Rotterdam ; whereas the Commis­             the price determined for colza, rape and sunflower seeds
sion should take account only of the loading, transport           must also be adjusted by an amount not exceeding the
and insurance costs which to its knowledge are the                margin, as calculated in accordance with that Article,
lowest ; whereas, finally, offers and quotations for delivery     where that margin may affect the normal disposal of seeds
cif Rotterdam should be increased by ECU 0,242 ;                  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 1321 /90 (2), laid down rules for
                                                                  granting the subsidy on oil seeds ; whereas, under that
                                                                  Regulation, where the subsidy to be granted is fixed in
Whereas Article 3 of Regulation No 225/67/EEC provides
                                                                  advance, the amount of such subsidy must be equal to the
 that offers and quotations relating to products presented        amount applicable on the day on which the application
                                                                  for advance fixing was lodged, adjusted by the difference
otherwise than in bulk should be adjusted by deducting
 the additional value resulting from that presentation ;          between the target price valid on that day and the target
whereas offers and quotations relating to a quality other         price valid on the day on which the seeds are placed
 than the standard quality for which the target price was         under control at an oil or feed mill and, where appro­
 fixed should be adjusted on the basis of the coefficients of     priate, a corrective amount ; whereas Article 35 of
                                                                  Commission Regulation (EEC) No 2681 /83 of 21
 equivalence shown in the Annex to that Regulation ;
whereas, in the case of offers on the world market for            September 1983 laying down detailed rules for the appli­
 qualities of colza and rape seed other than those listed in      cation of the subsidy system for oil seeds (3), as last
 that Annex, coefficients of equivalence derived from those       amended by Regulation (EEC) No 3603/90 (4), provides
 listed in that Annex may, pursuant to Article 4 of Regula­       that such adjustment should involve increasing or redu­
 tion No 225/67/EEC, be applied ; whereas, when derived           cing the amount of subsidy applicable on the day on
 coefficients are being calculated, account must be taken of      which the application was lodged by the corrective
 the differences between prices for the qualities of seed in      amount and the difference between the target prices
 question and prices for the qualities listed in that Annex,      mentioned in Article 35 of Regulation (EEC) No
 and of the characteristics of these various seeds :
                                                                  2681 /83 ;
Whereas Article 2 of Regulation No 1 15/67/EEC provides           Whereas Article 37 of Regulation (EEC) No 2681 /83
 that, where no offer or quotation can be used as a basis         provides that the corrective amount must be equal to the
 for determining the world market price, that price should        difference between the world market price for colza, rape
 be determined on the basis of the value of the average           and sunflower seeds and the forward price for those seeds
 quantities of oil and oil cake resulting from the proces­        valid for a shipment effected during the month in which
 sing of 100 kilograms of seed within the Community less          the seeds were placed under control at an oil mill, those
 an amount corresponding to the cost of processing these          prices being determined in accordance with Articles 1 , 4
 seeds into oil and oil cake ; whereas the quantities and         and 5 of Regulation No 1 15/67/EEC ; whereas, if no offer
 costs to be taken into consideration for the purposes of         and no price can be used for such determination, the
 the calculation are fixed in Article 5 of Regulation No          method of calculation provided for in Article 37 of Regu­
 225/67/EEC ; whereas the value of those quantities should        lation (EEC) No 2681 /83 should be used ; whereas the
 be determined in accordance with Article 6 of that
                                                                  abovementioned difference may be adjusted in accordance
 Regulation ;
                                                                  (') OJ  No  L  163, 22. 6. 1983, p. 44.
                                                                  (2) OJ  No  L  132, 23. 5. 1990, p. 15.
 Whereas Article 3 of Regulation No 115/67/EEC provides           0   OJ  No  L  266, 28. 9. 1983, p. 1 .
 that, where no offer or quotation can be used as a basis         (4) OJ  No  L  350, 14. 12. 1990, p. 57.
 ---pagebreak--- No L 358/66                               Official Journal of the European Communities                               21 . 12. 90
with Article 38 of Regulation (EEC) No 2681 /83, account                 — the agricultural conversion rate, and
being taken of the prices of the main competing cereals ;                — the average rate of the ecu as published in the C
                                                                            Series of the Official Journal of the European
Whereas the aid for colza, rape or sunflower seed                            Communities during a period to be determined
harvested or processed in Spain or Portugal is to be                         multiplied by the factor referred to in the second
advised as provided for in Council Regulation (EEC) No                       indent of point (a) ;
478/86 (') ; whereas pursuant to Article 95 (2) and 293 (2)
of the Act of Accession this aid is to be introduced at the
                                                                     Whereas Regulation (EEC) No 1813/84 specifies the spot
beginning of the 1986/87 marketing year for seed                     and forward exchange rates and the period to be used for
harvested in these two Member States ;
                                                                     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 last amended by Regula­             Whereas the subsidy should be fixed whenever the
tion (EEC) No 387/90 (3), provision is made for the gran­
ting of compensatory aid, subject to certain conditions ;            market situation makes it necessary and in such a way as
                                                                     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
Whereas Article 33 of Regulation (EEC) No 2681 /83                   in accordance with the Annex to this Regulation ;
provides for the publication of the amount of the final              whereas, pursuant to the same Article, the spot and
subsidy obtained from the conversion into each of the                forward exchange rates for the ecu in national currencies
national currencies of the amount in ecus resulting from             determined in accordance with Article 4 of Regulation
the calculation referred to above plus or minus the diffe­           (EEC) No 1813/84 must also be published,
rential amount ; whereas Article 1 of Commission Regula­
tion (EEC) No 1813/84 (*), as last amended by Regulation
(EEC) No 1 539/90 (*), defined the elements which deter­
mine the differential amounts ; whereas these elements
are equal to the incidence on the target price less percen­          HAS ADOPTED THIS REGULATION :
tage referred to in Article 5, paragraph 1 of the said regu­
lation or the subsidy of the coefficient derived from the
percentage referred to in Article 2 (1 ) of Regulation (EEC)
No 1569/72 ; whereas, according to these provisions, this
percentage represents :                                                                       Article 1
(a) for those Member States whose currencies are main­               1 . The amounts of the subsidy and the exchange rates
     tained as between themselves within a spread at any             referred to in Article 33 (2) and (3) of Regulation (EEC)
     given moment of 2,25 % , the difference between :               No 2681 /83 shall be as set out in the Annexes hereto.
     — the conversion rate used under the common
         agricultural policy, and                                    2. The amount of the compensatory aid referred to in
    — the conversion rate resulting from the central rate            Article 14 of Regulation (EEC) No 475/86 shall be as
         multiplied by the correcting factor referred to in          shown in Annex III to this Regulation for sunflower seed
         Article 6 (1 ) of Regulation (EEC) No 1677/85 f), as        harvested in Spain.
         last amended by Regulation (EEC) No 2205/90 (*) ;
                                                                     3. The amount of the special subsidy provided
(b) for Member States other than those referred to in (a),           for by Regulation (EEC) 1920/87 for sunflower seed
     the difference between :
                                                                     harvested and processed in Portugal is fixed in Annex III.
(') OJ  No   L 53, 1 . 3. 1986, p. 55.
0   OJ  No   L 53, 1 . 3. 1986, p. 47.
(3) OJ  No   L 42, 16. 2. 1990, p. 8 .                                                        Article 2
(♦) OJ  No   L 183, 3. 7. 1987, p. 18.
O   OJ  No   L 170, 29 . 6. 1984, p. 41 .
(') OJ  No   L 145, 8 . 6. 1990, p. 20.
0   OJ  No   L 164, 24. 6. 1985, p. 6.                               This Regulation shall enter into force on 21 December
(8) OJ  No   L 201 , 31 . 7. 1990, p. 9.                             1990 .
 ---pagebreak---        21 . 12. 90                            Official Journal of the European Communities                            No L 358 / 67
                         This Regulation shall be binding in its entirety and directly applicable in all Member
                         States.
                         Done at Brussels, 20 December 1990 .
                                                                                   For the Commission
                                                                                     Ray MAC SHARRY
                                                                               Member of the Commission
                                                                  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
I                                                     12              1             2            3            4                 5
  1 . Gross aids (ECU):
      — Spain                                           0,000          0,000         0,000        0,000        0,000             0,000
      — Portugal                                        0,000        28,667        25,970        25,970       25,970            25,970
      — Other Member States                           21,765         21,697        19,000        19,000       19,000            19,000
  2. Final aids :                                             l              \             l
      (a) Seed harvested and processed in :    \              I                            I            I
           — Federal Republic of Germany
              (DM)                                    51,24          51,08         44,73         44,73        44,73             44,79
           — Netherlands (Fl)                         57,73          57,55         50,40         50,40        50,40             50,46
           — BLEU (Bfrs/Lfrs)                      1 056,83       1 053,53        922,57        922,57       922,57            922,62
           — France (FF)                             171,85         171,31        150,02        150,02       150,02            150,02
           — Denmark (Dkr)                           195,45         194,84        170,62        170,62       170,62            170,62
           — Ireland (£ Irl)                          19,127         19,067        16,697        16,697       16,697            16,697
           — United Kingdom (£)                       16,579          16,516       14,314        14,289       14,281            14,228
           — Italy (Lit)                          38 338        38 218         33 468        33 468       33 468           33 371
           — Greece (Dr)                           4 607,68       4 574,64      3 874,91      3 828,41     3 821,96          3 695,12
      (b) Seed harvested in Spain and
           processed :                                        I                            I
           — in Spain (Pta)                             0,00            0,00         0,00         0,00         0,00              0,00
           — in another Member State (Pta)              0,00            0,00         0,00         0,00         0,00              0,00
      (c) Seed harvested in Portugal and
           processed :
           — in Portugal (Esc)                          0,00
                                                              I   5 988,90      5 427,89
                                                                                           I  5 418,25     5 418,23          5 377,45
           — in another Member State (Esc)         6 002,90       5 988,90      5 427,89      5 418,25     5 418,23          5 377,45
 ---pagebreak---   No L 358/68                                Official Journal of the European Communities                                    21 . 12. 90
                                                                ANNEX II
                                                Aids to colza and rape seed 'double zero'
                                                                                                                     (amounts per 100 kg)
I                                                 Current       1st period    2nd period    3rd period    4th period       5th period
                                                     12              1             2             3            4                  5
  1 . Gross aids (ECU) :                                    1               I             \
      — Spain                                         0,000           2,007         0,000         0,000        0,000              0,000
      — Portugal                                      1,030         31,167        28,470        28,470        28,470            28,470
      — Other Member States                          24,265         24,197        21,500        21,500        21,500            21,500
  2. Final aids :                                                           l             l             l
      (a) Seed harvested and processed^ in : I                              I             I             I
          — Federal Republic of Germany
             (DM)                                    57,12          56,96         50,61         50,61         50,61              50,68
          — Netherlands (Fl)                         64,36          64,18         57,03         57,03         57,03              57,09
              BLEU (Bfrs/Lfrs)                    1 178,22       1 174,92      1 043,96      1 043,96      1 043,96          1 044,01
          — France (FF)                             191,59         191,05        169,76        169,76        169,76            169,76
          — Denmark (Dkr)                           217,90         217,29        193,07        193,07        193,07            193,07
          — Ireland (£ Irl)                          21,323         21,264        18,894        18,894        18,894             18,894
          — United Kingdom (£)                       18,528         18,465        16,263        16,238        16,230             16,177
          — Italy (Lit)                         42 742         42 622         37 871        37 871        37 871           37 775
          — Greece (Dr)                           5 164,95       5 131,90      4 432,17      4 385,67      4 379,22          4 252,38
      (b) Seed harvested in Spain and
          processed :                                                       I             I             I               l
          — in Spain (Pta)                            0,00         361,78           0,00          0,00         0,00               0,00
          — in another Member State (Pta)           371,04         361,78           0,00          0,00         0,00               0,00
      (c) Seed harvested in Portugal and
          processed :
          — in Portugal (Esc)                       214,94       6 510,59
                                                                            I  5 949,58
                                                                                          I  5 939,94
                                                                                                        I
                                                                                                           5 939,92          5 899,14
          — in another Member State (Esc)         6 524,59       6 510,59      5 949,58      5 939,94      5 939,92          5 899,14
 ---pagebreak---   21 . 12. 90                                       Official Journal of the European Communities                                                  No L 358/69
                                                                             ANNEX III
                                                                     Aids to sunflower seed
                                                                                                                                             (amounts per 100 kg)
                                                             Current             1st period            2nd period         3rd period               4th period
                                                               12                      1                    2                    3                        4
  1 . Gross aids (ECU):                                                                             \
      — Spain                                                   8,600                 29,733                27,266              27,667                    27,253
      — Portugal                                                0,000                 38,656                36,240              36,640                    36,240
      — Other Member States                                    26,285                 26,416                24,000              24,400                    24,000
  2. Final aids :                                                           l                       l
      (a) Seed harvested and processed in (') :                             l                       l                   \
          — Federal Republic of Germany
              (DM)                                             61,88                  62,19                 56,50                57,44                    56,50
          — Netherlands (Fl)                                   69,72                  70,07                 63,66                64,72                    63,66
          — BLEU (Bfrs/Lfrs)                                1 276,30              1 282,66              1 165,35            1 184,77                 1 165,35
          — France (FF)                                       207,54                208,57                189,50               192,65                  189,50
          — Denmark (Dkr)                                     236,04                 237,21               215,52               219,11                  215,52
          — Ireland (£ Irl)                                    23,099                 23,214                21,091               21,442                 ' 21,091
          — United Kingdom (£)                                 20,018                 20,115                18,140               18,437                   18,101
          — Italy (Lit)                                   46 300                46 530                 42 275             42 979                   42 275
          — Greece (Dr)                                     5 561,95              5 574,15              4 937,09            4 983,38                 4 875,86
      (b) Seed harvested in Spain and
          processed :                                                       I
          — in Spain (Pta)                                  1 314,91              4 598,85              4 228,44            4 282,63                 4 221,55
          — in another Member State (Pta)                   4 635,43              4 656,04              4 293,34            4 347,51                 4 288,47
      (c) Seed harvested in Portugal and
          processed :                                                       I                       I
          — in Portugal (Esc)                                    0,00             8 074,41              7 571,90            7 644,73                 7 561,21
          — in Spain (Esc)                                  8 226,79              8 254,84              7 741,09            7 815,56                 7 730,17
          — in another Member State (Esc)                   8 046,98              8 074,41              7 571,90            7 644,73                 7 561,21
  3. Compensatory aids :                             II                                                                 \
      — in Spain (Pta)                                      4 606,52                  —                     —                    —                        —
  4. Special aid :                                   ||Il                                                               \
      — in Portugal (Esc)                                   8 046,98                  —                     —                    —                        —
  (') 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 1,0223450.
                                                                              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}
I                                               Current              1st period            2nd period        3rd period        4th period            5th period
                                                    12                    1                     2                 3                  4                      5
  DM                                              2,041570              2,038950              2,036470          2,034300           2,034300               2,027980
  Fl                                              2,304490              2,301740              2,298990          2,296910           2,296910               2,289670
  Bfrs/Lfrs                                     42,287700             42,243100              42,206100        42,172000          42,172000             42,073500
  FF                                              6,939100              6,933540              6,930220          6,928350           6,928350               6,923370
  Dkr                                             7,878370              7,874620              7,870670          7,870220           7,870220               7,864700
  £Irl                                           0,766932               0,766825              0,766415          0,766479           0,766479               0,766439
  £                                               0,710475              0,712514              0,714195          0,715187           0,715187               0,717792
  Lit                                        1 540,24              1 542,80              1 544,91          1 546,67          1 546,67              1 553,30
  Dr                                           212,70000             214,67000             216,88300         219,43000         219,43000              226,73400
  Esc                                          180,50800             180,73500              181,14200        182,00100          182,00100             184,38000
  Pta                                          130,21500             130,63800              131,03100        131,37000          131,37000             132,45800