CELEX: 31989R0250
Language: en
Date: 1989-02-01 00:00:00
Title: Commission Regulation (EEC) No 250/89 of 31 January 1989 fixing the amount of the subsidy on oil seeds

1 . 2. 89                                Official Journal of the European Communities                             No L 30/33
                                     COMMISSION REGULATION (EEC) No 250/89
                                                       of 31 January 1989
                                       fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        guaranteed quantities for the 1988/89 marketing year has
                                                                   been fixed by Commission Regulations (EEC) No
Having regard to the Treaty establishing the European              2761 /88 (9) and (EEC) No 3042/88 (l0);
Economic Community,
Having regard to the Act of Accession of Spain and                 Whereas the standard quality for sunflower seed has been
Portugal,                                                          maintained by the Council for the 1988/89 marketing
                                                                   year ; whereas the coefficients of equivalence applied to
Having regard to Council Regulation No 136/66/EEC of               the prices of sunflower seed from third countries have
22 September 1966 on the establishment of a common                 been fixed by Commission Regulation (EEC) No 2869/
organization of the market in oils and fats ('), as last           87 ('•);
amended by Regulation (EEC) No 2210/88 (2), and in
particular Article 27 (4) thereof,
                                                                   Whereas, in the absence of the target price for the
Having regard to Council Regulation (EEC) No                       1989/90 marketing year for colza and rape seed, the
1678/85 (3) fixing the conversion rates to be applied in           abatement of the subsidy from the system of maximum
agriculture, as last amended by Regulation (EEC) No                guaranteed quantities, the amount of the subsidy in the
197/89 (+),                                                        case of advance fixing for this period for colza and rape
                                                                   seed has been obtainable only provisionally on the basis
Having regard to Council Regulation (EEC) No 1569/72               of the latest proposals from the Commission to the
of 20 July 1972 laying down special measures for colza,            Council on price and abatement ; whereas this amount
rape and sunflower seed (*), as last amended by Regulation         may, therefore, be applied on a temporary basis and
(EEC) No 2216/88 0, and in particular Article 2 (3)                should be confirmed or replaced when the indicative
thereof,                                                           prices and where appropriate, the effects of the applica­
                                                                   tion of the system of maximum guaranteed quantities of
Having regard to the opinion of the Monetary Committee,            the 1989/90 marketing year are known ;
Whereas Article 27 of Regulation No 136/66/EEC
provides that a subsidy should be granted in respect of oil        Whereas Article 29 of Regulation No 136/66/EEC
seeds harvested and processed within the Community                 provides that the world market price, calculated for a
when the target price for a species of seed is higher than         Community frontier crossing point, is to be determined
the price on the world market ; whereas these provisions           on the basis of the most favourable purchasing opportuni­
at present apply only in respect of colza, rape and                ties, quotations being adjusted where necessary to take
sunflower seeds :                                                   account of quotations for competing products ;
Whereas the subsidy on oil seeds should, theoretically, be
equal to the difference between those two prices ;                 Whereas Article 4 of Council Regulation No 115/67/EEC
                                                                    of 6 June 1967 laying down criteria for determining
Whereas the target price and the monthly increases in the          world market prices for oil seeds and fixing the frontier
target price for colza, rape and sunflower seed for the             crossing point (12), as . last amended by Regulation (EEC)
 1988/89 marketing year were fixed by Regulations (EEC)             No 1983/82 (13), fixed the said crossing point at
 No 2213/88 0 and (EEC) No 2214/88 (8);                             Rotterdam ; whereas Article 1 of that Regulation provides
                                                                    that when the world market price is being determined
Whereas a supplement to the target price for 'double zero'          account should be taken of all offers on the world market
colza and rape seed was fixed in Regulation (EEC) No                known to the Commission and of quotations on those
2213/88 ;                                                           exchanges which are significant for international trade ;
                                                                    whereas Article 2 of Commission Regulation No 225/
Whereas the abatement of the subsidy for colza, rape and            67/EEC of 28 June 1967 on detailed rules for determi­
 sunflower seed which arises from the system of maximum             ning the world market price for oil seeds (14), as last
                                                                    amended by Regulation (EEC) No 2869/87, provides that
                                                                    offers and quotations which do not relate to shipments to
(')  OJ No  172, 30. 9. 1966, p. 3025/66.
0    OJ No  L 197, 26. 7. 1988, p. 1 .
(3)  OJ No  L 164, 24. 6. 1985, p. 11 .                             O OJ No L 247, 6. 9. 1988, p. 7.
(4)  OJ No  L 25, 28. 1 . 1989, p. 24.                              H OJ No L 271 , 1 . 10. 1988, p. 104.
0    OJ No  L 167, 25. 7. 1972, p. 9.                               (") OJ No L 273, 26. 9. 1987, p. 16.
 (•) OJ No  L 197, 26. 7. 1988, p. 10.                              H OJ No 111 , 10. 6. 1967, p. 2196/67.
 0   OJ No  L 197, 26. 7. 1988, p. 6.                               H OJ No L 215, 23. 7. 1982, p. 6.
 (•) OJ No  L 197, 26. 7. 1988, p. 8.                               M OJ No 136, 30. 6. 1967, p. 2919/67.
 ---pagebreak---  No L 30/34                             Official Journal of the European Communities                                   1 . 2. 89
 be effected within 30 days following the date on which            be determined in, accordance with Article 6 of that
 the world market price is determined should be disre­             Regulation ;
garded ; whereas offers and quotations * which the
 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 Article 3 of Regulation No 1 15/67/EEC provides
whereas offers and quotations relating to quantities of less      that, where no offer or quotation can be used as a basis
than 500 tonnes an4 offers relating to seed of a quality          for determining the world market price and where it is,
other than that normally acceptable on the world market           moreover, impossible to establish the value of the oil or
must also be disregarded ;                                        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
                                                                  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 1 15/67/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            pils 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 1 1 5/67/EEC,
product delivered cif Rotterdam ; whereas the Commis­             the price determined for colza, rape and sunflower seeds
                                                                  must also be adjusted by an amount not exceeding the
sion should take account only of the loading, transport           margin, as calculated in accordance with that Article,
and insurance costs which to its knowledge are the                where that margin may affect the normal disposal of seeds
lowest ; whereas, finally, offers and quotations for delivery     harvested in the Community ;
cif Rotterdam should be increased by 0,242 ECU ;
                                                                  Whereas Council Regulation (EEC) No 1594/83 of 14
Whereas Article 5 of Regulation No 11 5/67/EEC provides           June 1983 on the subsidy for oil seeds ('), as last amended
that thfe world market price should be determined for             by Regulation (EEC) No 221 5/88 (2), laid down rules for
seed of the standard quality for which the target price has       granting the subsidy on oil seeds ; whereas, under that
been fixed, delivered in bulk ;
                                                                  Regulation, where the subsidy to be granted is fixed in
                                                                  advance, the amount of such subsidy must be equal to the
                                                                  amount applicable on the day on which the application
Whereas Article 3 of Regulation No 225/67/EEC provides            for advance fixing was lodged, adjusted by the difference
that offers and quotations relating to products presented         between the target price valid on that day and the target
otherwise than in bulk should be adjusted by deducting            price valid on the day on which the seeds are placed
the additional value resulting from .that presentation ;          under control at an oil or feed mill and, where appro­
whereas offers and quotations relating to a quality other         priate, a corrective amount ; whereas Article 35 of
than the standard quality for which the target price was          Commission Regulation (EEC) No 2681 /83 of 21
fixed should be adjusted on the basis of the coefficients of      September 1983 laying down detailed rules for the appli­
equivalence shown in the Annex to that Regulation ;               cation of the subsidy system for oil seeds (3), as last
whereas, in the case of offers on the world market for            amended by Regulation (EEC) No 3780/88 (4), provides
qualities of colza and rape seed other than those listed in       that such adjustment should involve increasing or redu­
that Annex, coefficients of equivalence derived from those        cing the amount of subsidy applicable on the day on
listed in that Annex may, pursuant to Article 4 of Regula­        which the application was lodged by the corrective
tion No 225/67/EEC, be applied ; whereas, when derived            amount and die difference between the target prices
coefficients are being calculated, account must be taken of       mentioned in Article 35 of Regulation (EEC) No
the differences between prices for the qualities of seed in       2681 /83 ;
question and prices for the qualities listed in that Annex,
and of the characteristics of these various seeds ;
                                                                  Whereas Article 37 of Regulation (EEC) No 2681 /83
                                                                  provides that the corrective amount must be equal to the
Whereas Article 2 of Regulation No 11 5/67/EEC provides           difference between the world market price for colza, rape
that, where no offer or quotation can be used as a basis          and sunflower seeds and the forward price for those seeds
for determining the world market price, that price should         valid for a shipment effected during the month in which
be determined on the basis of the value of the average            the seeds were placed under control at an oil mill, those
quantities of oil and oil cake resulting from the proces­         prices being determined in accordance with Articles 1 , 4
sing of 100 kilograms of seed within the Community less           and 5 of Regulation No 11 5/67/EEC ; whereas, if no offer
an amount corresponding to the cost of processing these
seeds into oil and oil cake ; whereas the quantities and          (') OJ No L 163, 22. 6. 1983, p. 44.
costs to be taken into consideration for the purposes of          (2) OJ No L 197, 26. 7. 1988, p. 9.
 the calculation are . fixed in Article 5 of Regulation No        M OJ No L 266, 28. 9. 1983, p. 1 .
 225/67/EEC ; whereas the value of those quantities should        0 OJ No L 332, 3. 12. 1988, p. 19.
 ---pagebreak--- 1 . 2. 89                                 Official Journal of the European Communities                              No L 30/35
and no price can be used for such determination, the                    — the conversion rate resulting from the central rate,
method of calculation provided for in Article 37 of Regu­
lation (EEC) No 2681 /83 should be used ; whereas the               (b) for the other Member States, the difference between :
abovementioned difference may be adjusted in accordance
with Article 38 of Regulation (EEC) No 2681 /83, account                — the relationship between the conversion rate used
being taken of the prices of the main competing cereals ;                   under the common agricultural policy for the
                                                                            currency of the Member State concerned and the
                                                                            central rate of each of the currencies of the
                                                                            Member States referred to in (a), and
Whereas the aid for colza, rape or sunflower seed
harvested or processed , in Spain or Portugal is to be                  — the spot market rate for the currency of the
advised as provided for in Council Regulation (EEC) No                      Member State in question in relation to each of
478/86 (') ; whereas pursuant to Article 95 (2) and 293 (2)                 the currencies of the Member States referred to in
of the Act of Accession of Spain and Portugal this aid is                   (a), as recorded over a period to be determined ;
to be introduced at the beginning of the 1986/87 marke­
ting year for seed harvested in these two Member States ;
                                                                    Whereas Regulation (EEC) No 1813/84 specifies the spot
                                                                    and forward exchange rates and the period to be used for
                                                                    calculating the differential amounts ; whereas in cases
Whereas, in Article 14 of Council Regulation (EEC) No               where, for one or more months, quotations of forward
475/76 of 25 February 1986 laying down general rules for            exchange rates are not available, the rates adopted for the
the mechanism for controlling the prices and the quanti­            previous months or the following months, as the case may
ties of certain products in the oils and fats sector released       be, must be used ;
for consumption in Spain Q, as amended by Regulation
(EEC) No 1930/88 (3), provision is made for the granting
of compensatory aid, subject to certain conditions ;                Whereas the subsidy should be fixed whenever the
whereas compensatory aid should be fixed for sunflower              market situation makes it necessary and in such a way as
seeds harvested in Spain ;                                          to ensure its being applied at least once a week ; whereas
                                                      i             the subsidy may be altered whenever it becomes obvious
                                                                    that such alteration is necessary ;
Whereas Council Regulation (EEC) No 1920/87 (4),
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
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 ECU 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 2138/87 (*), defined the elements which deter­
mine the differential amounts ; whereas these elements
are equal to the incidehce on the target price less 7,5 %
or the subsidy of the coefficient derived from the percen­
                                                                     HAS ADOPTED THIS REGULATION :
tage referred to in Article 2 (1 ) of Regulation (EEC) No
 1 569/72 ; whereas, according to these provisions, this
percentage represents :
(a) for those Member States whose currencies are main­                                         Article 1
      tained as between themselves within a spread at any
      given moment of , 2,25 %, the difference between :
                                                                     1 . The amounts of the subsidy and the exchange rates
      — the conversion rate used under the common                    referred to in Article 33 (2) and (3) of Regulation (EEC)
          agricultural policy, and                                   No 2681 /83 shall be as set out in the Annex hereto.
 (') OJ  No  L  53, 1 . 3. 1986, p. 55.
O    OJ  No  L  53, 1 . 3. 1986, p. 47.                              2. The amount of the compensatory aid referred to in
 0   OJ  No  L  170, 2. 7. 1988, p. 3.                               Article 14 of Regulation (EEC) No 475/86 shall be as
 0   OJ  No  L  183, 3. 7. 1987, p. 18.                              shown in Annex III to this Regulation for sunflower seed
 0   OJ  No  L  170, 29. 6. 1984, p. 41 .
 M OJ No L 200, 21 . 7. 1987, p. 9.                                  harvested in Spain.
 ---pagebreak---       No L 30/36                                     Official Journal of the European Communities                                                         1 . 2. 89
      3. The amount of the special subsidy provided                                       February 1989 to take into account the target price, and
      for by Regulation (EEC) 1920/87 for sunflower seed                                where appropriate, the effects of the application of the
      harvested and processed in Portugal is fixed in Annex III.                        system of maximum guaranteed quantities for colza and
                                                                                        rape seed.
      4. However, the amount of the'' subsidy in the case of                                                           Article 2
      advance fixing for the 1989/90 marketing year for colza
      and rape will be confirmed or replaced as from 1                                  This Regulation shall enter into force on 1 February 1989.
                          This Regulation shall be binding in its entirety and directly applicable in all Member
                          States.
                          Done at Brussels, 31 January 1989.
                                                                                                    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
                                                              2                  3                  4                 5                  6                   7 (')
1 . Gross aids (ECU):
    — Spain                                                    0,580              0,580              0,580             0,580              0,580                1,170
    — Portugal                                                 0,000              0,000              0,000             0,000              0,000                0,000
    — Other Member States                                    19,670             19,750              19,910           20,149             19,990                17,685
2. Final aids :                                                        \                                                       \
    (a) Seed harvested and processed in :                              I                   \                 \
         — Federal Republic of Germany
            (DM)                                             46,84              47,03               47,42            47,98              47,61                 42,50
         — Netherlands (Fl)                                  52,25               52,46              52,89            53,52              53,10                 47,26
         — BLEU (Bfrs/Lfrs)                                 949,80             953,67             961,39            972,93            965,26                 853,95
         — France (FF)                                      143,84             144,39              145,56           147,36             146,11                127,73
         — Denmark (Dkr)                                    172,15             172,84              174,24           176,35             174,93                154,25
         — Ireland (£ Irl)                                   15,997              16,058             16,189           16,389             16,250                14,204
         — United Kingdom (£)                                12,597              12,643             12,747           12,897             12,784                11,013
                                                        30 626             30 740             30 927             31 203           30 930                26 504
         — Italy (Lit)
         — Greece (Dr)                                    2 337,92           2 338,35           2 337,68          2 351,73          2 320,74              1 738,04
    (b) Seed harvested         in     Spain     arid
         processed :
         — in Spain (Pta)                                    89,44               89,44              89,44            89,44              89,44                180,43
         — in another Member State (Pta)                  3 128,48           3 143,03           3 160,55          3 186,24          3 163,20              2 886,57
     (c) Seed harvested in Portugal and
         processed :
         — in Portugal (Esc)                                    0,00               0,00               0,00              0,00               0,00                 0,00
         — in another Member State (Esc)                  4 272,05           4 286,30           4 309^69          4 342,67          4 312,05              3 805,26
(') Subject in the case of advance fixing for the 1989/90 marketing year to the adoption of prices and measures and where appropriate, the effects of the application of
    the system of maximum guaranteed quantities.                                        •         i
 ---pagebreak---   1 . 2. 89                                            Official Journal of the European Communities                                                        No L 30/37
                                                                               ANNEX II
                                                           Aids to colza and rape seed 'double zero'
                                                                                                                                                                     \
                                                                                                                                                  (amounts per 100 kg)
\                                                           Current           1st period         2nd period        3rd period        4th period            5th period
\                                                              2                   3                  4                 5                  6                   7 (')
                                                                                                                                                         1
  1 . Gross aids (ECU):
      — Spain                                                   3,080               3,080              3,080             3,080              3,080                3,670
      — Portugal                                                2,500               2,500              2,500             2,500              2,500                2,500
      — Other Member States                                    22,170             22,250              22,410           22,649             22,490                20,185
  2. Final aids :                                                        \                                                       \
      (a) Seed harvested and processed in :                                                                                                           I
           — Federal Republic of Germany
               (DM)                                            52,74              52,94               53,32            53,88              53,51                 48,40
           —   Netherlands (Fl)                                58,87              59,08               59,51            60,14              59,72                 53,88
           —   BLEU (Bfrs/Lfrs)                             1 070,52           1 074,38           1 082,11          1 093,65           1 085,97               974,67
            —  France (FF)                                    162,80             163,35              164,52           166,32             165,07               146,69
            —  Denmark (Dkr)                                  194,25             194,94              19635            198,45             197,03               176,36
            —  Ireland (£ Irl)                                 18,107              18,168             18,299           18,499              18,360               16,314
            —  United Kingdom (£)                              14,284              14,331             14,435           14,585              14,472               12,701
            —  Italy (Lit)                                 34 714            34 828              35 014            35 291           35 017                 30 592
            —  Greece (Dr)                                  2 727,97           2 728,40           2 727,73          2 741,78           2 710,79             2 128,09
      (b) Seed harvested in Spain and
            processed :
                                                                                 474,98             474,98            474,98
                                                                                                                                     s
                                                                                                                                         474,98
                                                                                                                                                      I       565,96
            — in Spain (Pta)                                  474,98
            — in another Member State (Pta)                 3 514,02           3 528,56           3 546,08          3 571,77           3 548,73             3 272,1 1
       (c) Seed harvested in Portugal and
            processed :
            — in Portugal (Esc)                               470,02             470,02             470,02            470,02             470,02               470,02
           '— in another Member State (Esc)                 4 742,07           4 756,32           4 779,71          4 812,69           4 782,07             4 275,28
  (') Subject in the case of advance fixing for the 1989/90 marketing year to the adoption of prices and measures and where appropriate, the effects of the application of
      the system of maximum guaranteed quantities.
 ---pagebreak---    No L 30/38                                       Official Journal of the European Communities                                                           1 . 2. 89
                                                                             ANNEX III
                                                                     Aids to sunflower seed
                                                                                                                                            (amounts per 100 kg)
                                                            Current               1st period          2nd period          3rd period              4th period
                                                               2                       3                    4                    5                      6
  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                                  24,624                  25,193               25,738               25,975                 25,975
 2. Final aids :
      (a) Seed harvested and processed in (') :
          — Federal Republic of Germany
              (DM)                                            58,54                   59,88                61,16                61,72                  61,72
          — Netherlands (Fl)                                  65,37                   66,87                68,31                68,94                  68,94
          — BLEU (Bfrs/Lfrs)                               1 189,02                1 216,49            1 242,81            1 254,25                1 254,25
          — France (FF)                                      181,38                  185,76              189,94               191,71                  191,71
          — Denmark (Dkr)                                    215,94                  220,99              225,83               227,91                  227,91
          —   Ireland (£ Irl)                                 20,175                  20,661               21,127              21,324                  21,324
          —   United Kingdom (£)                              15,938                  16,329               16,704               16,851                 16,851
          —   Italy (Lit)                                38 718                  39 666              40 509              40 781                  40 781
          —   Greece (Dr)                                 3 107,31                3 199,98             3 272,18           3284,38                 3 284,38
      (b) Seed     harvested   in Spain      and
          processed :
          — in Spain (Pta)                                   797,28                  797,28              797,28              797,28                   797,28
          t— in another Member State (Pta)                3 924,14                4 009,63            4 083,41            4 109,72                4 109,72
      (c) Seed harvested in Portugal and
          processed :
          — in Portugal (Esc)                                  0,00                    0,00                 0,00                 0,00                   0,00
          — in Spain (Esc)                                6 905,56                7 016,16             7 116,08           7 150,03                7 150,03
          — in another Member State (Esc)                 6 730,07                6 837,85             6 935,24           6 968,32                6 968,32
3. Compensatory aids :
      — in Spain (Pta)                                    3 872,28                3 959,98            4 035,69            4 063,45                4063,45
4. Special aid :
      — in Portugal (Esc)                                 6 730,07                6 837,85             6 935,24           6 968,32                6 968,32
(*) For seed harvested in the Community as constituted at 31 December 1985 and processed in Spain, the amounts shown in 2 (a) to be multiplied by 1,0260760.
                                                                            ANNEX IV
 Exchange rate of the ECU to be used for converting final aids into the currency of the processing country when the latter is a
                                                     country other than the country of production
                                                                                                                                                (value of 1 ECU)
                                               Current              1st period '         2nd period         3rd period       4th period            5th period
                                                   2                     3                    4                  5                  6                    7
 DM                                             2,084330               2,080410             2,077250           2,073960           2,073960             2,064060
 Fl                                             2,358450               2,354800             2,351640           2,348470           2,348470             2,338230
 Bfrs/Lfrs                                     43,684900             43,677499             43,669200          43,661400         43,661400             43,632600
 FF                                             7,100670               7,106620             7,110920           7,115240           7,115240             7,128410
 Dkr                                            8,105100               8,108680             8,110180           8,112120           8,112120             8,120760
 £Irl                                           0,779907               0,779689             0,779633           0,779865           0,779865             0,780406
 £                                              0,638697               0,640065             0,641150           0,642326           0,642326             0,646233
 Lit                                        1 528,63              1 534,24             1 539,27           1 544,30          1 544,30             1 558,75
 Dr                                           173,24900             174,34700             175,47800          176,63100         176,63100            1 80,92000
 Esc                                          171,16100             171,71300             172,29800          172,82900v        172,82900            174,99400 '
 Pta                                          129,97200             130,47200             130,97500          131,45800         131,45800            132,97300