CELEX: 31976R1713
Language: en
Date: 1976-07-16 00:00:00
Title: Commission Regulation (EEC) No 1713/76 of 15 July 1976 fixing the amount of the subsidy on oil seeds

16 . 7 . 76                                 Official Journal of the European Communities                          No L 192/ 17
                                       COMMISSION REGULATION ( EEC) No 1713/76
                                                             of 15 July 1976
                                          fixing the amount of the subsidy on oil seeds
 THE COMMISSION OF THE EUROPEAN                                        mining world market prices for oil seeds and fixed the
 COMMUNITIES,                                                          frontier crossing point at Rotterdam ;
 Having regard to the Treaty establishing the European
 Economic Community,                                                   Whereas Article 1 of that Regulation provides that
                                                                       when the world market price is being determined
                                                                       account should be taken of all offers on the world
 Having regard to Council Regulation No 136/                           market known to the Commission and of quotations
 66/EEC of 22 September 1966 on the establishment                      on those exchanges which are significant for interna­
 of a common organization of the market in oils and                    tional trade ; whereas Article 2 of Commission Regula­
 fats ('), as last amended by Regulation (EEC) No                      tion No 225/67/ EEC of 28 June 1967 on detailed
 1707/73 (2), and in particular Article 27 (4) thereof,                rules for determining the world market price for oil
                                                                       seeds (6), as last amended by Regulation (EEC) No
                                                                        1 703/76 (7), provides that offers and quotations which
                                                                       do not relate to shipments to be effected within 30
 Having regard to the opinion of the Monetary                          days following the date on which the world market
 Committee,
                                                                       price is determined should be disregarded ; whereas
                                                                       offers and quotations which the Commission believes,
                                                                       in view of general price movements or information
Whereas Article 27 of Regulation No 136/66/ EEC                        available to it, not to be representative of the real
 provides that a subsidy should be granted in respect of               trend of the market must also be disregarded ; whereas
oil seeds harvested and processed within the Commu­                    offers and quotations relating to quantities of less than
 nity when the target price for a species of seed is                   500 metric tons and offers relating to seed of a quality
 higher than the price on the world market ; whereas                   other than that normally acceptable on the world
 these provisions apply only in respect of colza, rape                 market must also be disregarded ;
and sunflower seeds ;
Whereas the subsidy on oil seeds should , theoretically,               Whereas Article 3 of Regulation No 225/67/ EEC
be equal to the difference between those two prices ;                  provides that of the offers and quotations taken into
                                                                       consideration , those for delivery c and f should be
                                                                       increased by 0-2 % ; whereas offers and quotations for
Whereas the target price and the monthly increases in                  delivery fas, fob or otherwise should be increased, as
 the target price for oil seeds for the 1976/77                        appropriate, by loading, transport and insurance costs
 marketing year were fixed by Regulations ( EEC) No                    from the point of shipment or loading to the frontier
 812/76 (3 ) and (EEC) No 833/76 (4) ;                                 crossing point ; whereas cif offers and quotations for
                                                                       frontier crossing points other than Rotterdam should
                                                                       be adjusted to allow for the difference in transport
Whereas Article 29 of Regulation No 136/66/ EEC                        costs as compared with a product delivered cif
                                                                       Rotterdam ; whereas the Commission should take
 provides that the world market price, calculated for a
 Community frontier crossing point, is to be deter­                    account only of the loading, transport and insurance
 mined on the basis of the most favourable purchasing                  costs which to its-knowledge are the lowest ; whereas,
opportunities, quotations being adjusted where neces­                  finally, offers and quotations for delivery cif
sary to take account of quotations for competing                       Rotterdam should be increased by 0-20 unit of
                                                                       account ;
 products ;
Whereas Article 4 of Council Regulation No 115/                        Whereas Article 5 of Regulation No 1 1 5/67/ EEC
67/ EEC of 6 June 1967 (5) laid down criteria for deter­               provides that the world market price should be deter­
                                                                       mined for seed of the standard quality for which the
(')   OJ  No 172, 30 . 9 .  1966, p . 3025/ 66.                        target price has been fixed, delivered in bulk ;
(2)   OJ  No L 175 , 29 .  6 . 1973 , p. 5.
(*)   OJ  No L 94, 9 . 4 .  1976, p . 2.
(•»). OJ  No L 100, 14 .   4 . 1976,  p . 12 .                         (*) OJ No 136, 30 . 6: 1967 , p. 2919/ 67 .
(»)   OJ  No 111 , 10 . 6.  1967, p . 2196/ 67 .                       ( 7) OJ No L 191 , 1.5 . 7 . 1976, p . 15 .
 ---pagebreak--- No L 192/ 18                       Official Journal of the European Communities                               16 . 7 . 76
Whereas     Article 3 of Regulation No 225/67/ EEC           — the difference between the price of 100 kg of
provides    that offers and quotations relating to                 colza, rape or sunflower seeds, plus processing
products   presented otherwise than in bulk should be              costs, and the total of the prices of the quantities
adjusted   by deducting the additional value resulting             of oil and oil cake resulting from the processing of
from that presentation ; whereas offers and quotations             the type of seed in question , and
relating to a quality other than the standard quality
for which the target price was fixed should be adjusted      — the difference between the price of 100 kg of one
on the basis of the coefficients of equivalence shown              or more other seeds, plus processing costs, and the
in the Annex to that Regulation ; whereas, in the case             total of the prices of the quantities of oil and oil
of offers on the world market for qualities of colza               cake resulting from the processing of these seeds ;
and rape seed other than those listed in that Annex,
coefficients of equivalence derived from those listed
                                                             Whereas the factors to be taken into consideration for
in that Annex may, pursuant to Article 4 of Regula­
tion No 225/67/ EEC, be applied ; whereas, when              the purpose of determining that margin are defined in
derived coefficients are being calculated , account must     Article 8 of Regulation No 225/67/ EEC ; whereas no
be taken of the differences between prices for the qual­     adjustment should be made where the margin is
ities of seed in question and prices for" the qualities       found to be less than 0-50 unit of account ; whereas
listed in that Annex, and of the characteristics of these    Article 6 (2) of Regulation No 115/67/ EEC provides
various seeds ;                                              that, when the amount of the adjustment is being
                                                             determined , account should be taken of the incidence
                                                             of the margin in question on marketing operations of
                                                             Community traders and on the disposal of the various
Whereas Article 2 of Regulation No 115/67/ EEC               types of seed on the world market ;
provides that, where no offer or quotation can be used
as a basis for determining the world market price, that
price should be determined on the basis of the value         Whereas Council Regulation ( EEC) No 21 14/71 of 28
of the average quantities of oil and oil cake resulting      September 1971 on the subsidy for oil seeds ('), as
from the processing of 100 kg of seed within the             amended by Regulation (EEC) No 2730/71 (2), laid
Community less an amount corresponding to the cost           down rules for granting the subsidy on oil seeds ;
of processing these seeds into oil and oil cake ;            whereas under that Regulation , where the subsidy to
whereas the quantities , and costs to be taken into          be granted is fixed in advance, the amount of such
consideration for the purposes of the calculation are        subsidy must be equal to the amount applicable on
fixed in Article 5 of Regulation No 225/67/ EEC ;            the day on which the application for advance fixing
whereas the value of those quantities should be deter­       was lodged, adjusted by the difference between the
mined in accordance with the provisions of Article 6         target price valid on that. day and the target price valid
of that . Regulation ;                                       on the day on which the seeds are placed under
                                                             control at an oil mill and, where appropriate, a correc­
                                                             tive amount ; whereas Article 36 of Commission Regu­
                                                             lation ( EEC) No 1204/72 of 7 June 1972 laying down
Whereas Article 3 of Regulation No 115/67/ EEC               detailed rules for the application of the subsidy system
provides that, where no offer or quotation can be used       for oil seeds (3 ), as last amended by Regulation (EEC)
as a basis for determining the world market price and        No 676/76 (4), provides that such adjustment should
where it is, moreover, impossible to establish the value     involve increasing, or reducing the amount of subsidy
of the oil or oil cake processed from such seed , the        applicable on the day on which the application was
world market price should be determined on the basis         lodged by the difference between the target price valid
of the most recent known value for oil or oil cake,          during the month during which the seeds were placed
adjusted to take account of the trend of world prices        under control at an oil mill and the target price valid
for competing products by applying to that value the         on the day on which the application was lodged ;
rules set out in Article 2 of Regulation No 115/
67/ EEC ; whereas Article 7 of Regulation No 225/
67/ EEC defines competing products as those oils or          Whereas Article 38 of Regulation (EEC) No 1204/72
oil cakes, as the case may be, which appear to have          provides that the corrective amount must be equal to
been offered in the largest quantities on the world          the difference between the world market price for
market during the period under consideration ;               colza, rape and sunflower seeds and the forward price
                                                             for those seeds valid for a shipment effected during
                                                             the month in which the seeds were placed under
                                                             control at an oil mill , those prices being determined
Whereas Article 6 ( 1 ) of Regulation No 115/ 67/ EEC        in accordance with Articles 1 , 4 and 5 of Regulation
provides that, when the world market price of a type
of seed is being determined , the" price used should be      (')  OJ  No   L 222, 2 . 10 . 1971 , p . 2 .
                                                             (2 ) OJ  No   L 282, 23 . 12 . 1971 , p . 18.
adjusted by an amount not exceeding the margin               (3 ) OJ  No   L 133 , 10 . 6 . 1972, p . 1 .
between :                                                    («)  OJ  No   L 81 , 27. 3 . 1976 , p . 22 .
 ---pagebreak--- 16 . 7 . 76                        Official Journal of the European Communities                         No L 192/ 19
1 15/67/ EEC ; whereas, if no offer and no price can be           of these currencies recorded for a given period , in
used for such determination , the method of calcula­              relation to the Community currencies referred to
tion provided for in Article 38 of Regulation (EEC)               in the previous subparagraph ;
 ^o 1204/72 should be used ; whereas the abovemen­
tioned difference may be adjusted pursuant to Article        Whereas it follows from applying all these provisions
39 of Regulation (EEC) No 1204/72, account being             to the offers and quotations known to the Commis­
taken of prices for soya seeds on the world market ;         sion that the subsidy on colza, rape and sunflower
                                                             seeds should be fixed as shown in the table annexed
Whereas the subsidy should be fixed whenever the             to this Regulation,
market situation makes it necessary and in such a way
as to ensure its being applied at least once a week ;
                                                              HAS ADOPTED THIS REGULATION :
whereas the subsidy may be altered whenever it
becomes obvious that such alteration is necessary ;
                                                                                      Article 1
Whereas, if the subsidy system is to operate normally,
subsidies should be calculated on the following basis :      The amount of the subsidy referred to in Article 27 of
— in the case of currencies which are maintained in
                                                             Regulation No 136/66/EEC is hereby fixed as shown
                                                              in the table annexed to this Regulation .
     relation to each other, at any given moment,
     within a band of 2 25 % , a rate of exchange based                               Article 2
     on their effective parity ;
— for other currencies an exchange rate based on the         This Regulation shall enter into force on 16 July
     arithmetic mean of the spot market rates of each         1976 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 15 July 1976 .
                                                                         For the Commission
                                                                           P. J. LARDINOIS
                                                                    Member of the Commission
 ---pagebreak--- No L 192/ 20                     Official Journal of the European Communities                           16 . 7. 76
                                                     ANNEX
           to the Commission Regulation of 15 July 1976 fixing the amount of the subsidy on oil
                                                       seeds
           Subsidy applicable from 16 July 1976 to colza and rape seeds (CCT heading No ex 12.01 ) and
                               sunflower seeds (CCT heading No ex 12.01 ) (u.a./ lOO kg)
                                                                Colza and rape seed      Sunflower seed
           Subsidy                                                     4-403                  4-503
           Subsidy in the case of advance fixing :
           — for the month of July 1976                                4-403                  4-503
           — for the month of August 1976                              4-403                  4-451
           — for the month of September 1976                           4-546                  4-526
           — for the month of October 1976                             4-689                  4-526
           — for the month of November 1976                            4-831
           — for the month of December 19^6                            5-135