CELEX: 31991R0637
Language: en
Date: 1991-03-16 00:00:00
Title: Commission Regulation (EEC) No 637/91 of 15 March 1991 fixing the amount of the subsidy on oil seeds

No L 69 / 10                              Official Journal of the European Communities                                 16 . 3 . 91
                                     COMMISSION REGULATION (EEC) No 637/91
                                                        of 15 March 1991
                                        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 (9), as last amended by Regulation (EEC) No
Having regard to the Treaty establishing the European               2869/87 (,0) ;
Economic Community,
                                                                    Whereas the target prices and the intervention prices
Having regard to the Act of Accession of Spain and                  fixed by the Council are to be reduced in accordance with
Portugal,                                                            Commission Regulation (EEC) No 1756/90 of 27 June
                                                                     1990 establishing the target and intervention prices for
Having regard to Council Regulation No 136/66/EEC of                 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 ('), as last             Council and reduced as a result of the monetary realign­
amended by Regulation (EEC) No 3577/90 (2), and in                   ment of 5 January 1990 (");
particular Article 27 (4) thereof,
                                                                     Whereas the abatement of the subsidy for colza and rape
Having regard to Council Regulation (EEC) No                         seed which arises, where appropriate, from the system of
1678/85 (3) fixing the conversion rates to be applied in             maximum guaranteed quantities for the 1990/91 marke­
agriculture, as last amended by Regulation (EEC) No
550/91 0,
                                                                     ting year, has been fixed by Commission Regulation
                                                                     (EEC) No 2509/90 (l2) ;
Having regard to Council Regulation (EEC) No 1569/72
of 20 July 1972 laying down special measures for colza,              Whereas the abatement of the subsidy for sunflower seed
rape and sunflower seed (*), as last amended by Regulation           which arise from the system of maximum guaranteed
(EEC) No 2206/90 (6), and in particular Article 2 (3)                quantities for the 1990/91 marketing year has been fixed
thereof,                                                             by Commission Regulation (EEC) 2833/90 (l3) ;
Having regard to the opinion of the Monetary Committee,              'Whereas, owing to the lack of a target price for rape seed
                                                                     and of the adjustment in the rate of aid resulting from the
Whereas Article 27 of Regulation No 136/66/EEC                       maximum guaranteed quantity arrangements for the
provides that a subsidy should be granted in respect of oil           1991 /92 marketing year, the rate of the aid fixed in
seeds harvested and processed within the Community                   advance for this marketing year has only been able to be
when the target price for a species of seed is higher than           calculated provisionally on the basis of the Commission's
the price on the world market ; whereas these provisions             price proposals to the Council ; whereas this amount
at present apply only in respect of colza, rape and                  should therefore only be applied provisionally and should
sunflower seeds ;                                                    be confirmed or replaced once the prices and related
                                                                     measures and the consequences of the maximum guaran­
Whereas the subsidy on oil seeds should, theoretically, be           teed quantity arrangements for the 1991 /92 marketing
equal to the difference between those two prices ;                   year are known ;'
Whereas the target price and the monthly increases in the            Whereas Article 29 of Regulation No 136/66/EEC
target price for colza, rape and sunflower seed for the
1990/91 marketing year were fixed by Council Regula­                 provides that the world market price, calculated for a
                                                                     Community frontier crossing point, is to be determined
tions (EEC) No 1317/90 0 and (EEC) No 1318/90 (8) ;                  on the basis of the most favourable purchasing opportuni­
                                                                     ties, quotations being adjusted where necessary to take
Whereas a supplement to the target price for 'double zero'           account of quotations for competing products ;
colza and rape seed was fixed by Regulation (EEC) No
1317/90 for the 1990/91 marketing year ;
                                                                     Whereas Article 4 of Council Regulation No 115/67/EEC
Whereas the standard quality for sunflower seed has been             of 6 June 1967 laying down criteria for determining
maintained by the Council for the 1989/90 and 1990/91                world market prices for oil seeds and fixing the frontier
marketing years ; whereas the coefficients of equivalence             crossing point (14), as last amended by Regulation (EEC)
applied to the prices of sunflower seed from third coun­              No 1983/82 (1S), fixed the said crossing point at
                                                                      Rotterdam ; whereas Article 1 of that Regulation provides
(') OJ No   172, 30. 9. 1966, p. 3025/66.
(2) OJ No  L 353 , 17. 12. 1990, p. 23.                              (') OJ No  136, 30. 6. 1967, p. 2919/67.
0   OJ No  L 164, 24. 6. 1985, p. 11 .                               (10) OJ No  L 273, 26. 9. 1987, p. 16.
O   OJ No  L 64, 11 . 3. 1991 , p. 51 .                              (") OJ No   L 162, 28 . 6. 1990, p. 19.
0   OJ No  L 167, 25. 7. 1972, p. 9.                                 H OJ No     L 237, 1 . 9. 1990 , p. 7.
(*) OJ No  L 201 , 31 . 7. 1990, p. 11 .                               13 OJ No  L 268 , 29 . 9. 1990, p. 86.
O   OJ No  L 132, 23. 5. 1990, p. 9.                                 (14) OJ No  111 , 10. 6. 1967, p. 2196/67.
 8) OJ No  L 132, 23. 5. 1990, p. 11 .                               H OJ No     L 215, 23 . 7. 1982, p. 6.
 ---pagebreak--- 16. 3. 91                               Official Journal of the European Communities                              No L 69 / 11
that when the world market price is being determined              be determined on the basis of the value of the average
account should be taken of all offers on the world market         quantities of oil and oil cake resulting from the proces­
known to the Commission and of quotations on those                sing of 100 kilograms of seed within the Community less
exchanges which are significant for international trade ;         an amount corresponding to the cost of processing these
whereas Article 2 of Regulation No 225/67/EEC provides            seeds into oil and oil cake ; whereas the quantities and
that offers and quotations which do not relate to ship­           costs to be taken into consideration for the purposes of
ments to be effected within 30 days following the date on         the calculation are fixed in Article 5 of Regulation No
which the world market price is determined should be              225/67/EEC ; whereas the value of those quantities should
disregarded ; whereas offers and quotations which the             be determined in accordance with Article 6 of that
Commission believes, in view of general price movements           Regulation ;
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 115/67/EEC provides
Whereas offers and quotations relating to quantities of           that, where no offer or quotation can be used as a basis
 less than 500 tonnes and offers relating to seed of a            for determining the world market price and where it is,
quality other than that normally acceptable on the world           moreover, impossible to establish the value of the oil or
market 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
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 115/67/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 ECU 0,242 ;                  where that margin may affect the normal disposal of seeds
                                                                   harvested in the Community ;
Whereas Article 5 of Regulation No 1 1 5/67/EEC provides
 that the world market price should be determined for
 seed of the standard quality for which the target price has       Whereas Council Regulation (EEC) No 1594/83 of 14
 been fixed, delivered in bulk :                                   June 1983 on the subsidy for oil seeds ('), as last amended
                                                                   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
 otherwise than in bulk should be adjusted by deducting            for advance fixing was lodged, adjusted by the difference
 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
 equivalence shown in the Annex to that Regulation ;               Commission Regulation (EEC) No 2681 /83 of 21
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 ;
                                                                   (') OJ No L 163, 22. 6. 1983, p. 44.
Whereas Article 2 of Regulation No 115/67/EEC provides             (2) OJ No L 132, 23 . 5. 1990, p. 15.
 that, where no offer or quotation can be used as a basis          (3) OJ No L 266, 28 . 9. 1983, p. 1 .
 for determining the world market price, that price should         (4) OJ No L 350, 14. 12. 1990, p. 57.
 ---pagebreak--- No L 69/ 12                               Official Journal of the European Communities                                 16. 3 . 91
Whereas Article 37 of Regulation (EEC) No 2681 /83                       — the agricultural conversion rate, and
provides that the corrective amount must be equal to the                 — the average rate of the ecu as published in the C
difference between the world market price for colza, rape
and sunflower seeds and the forward price for those seeds                    Series of the Official Journal of the European
valid for a shipment effected during the month in which                      Communities during a period to be determined
the seeds were placed under control at an oil mill, those                    multiplied by the factor referred to in the second
prices being determined in accordance with Articles 1 , 4                    indent of point (a);
and 5 of Regulation No 1 1 5/67/EEC ; whereas, if no offer
and no price can be used for such determination, the                Whereas Regulation (EEC) No 1813/84 specifies the spot
method of calculation provided for in Article 37 of Regu­           and forward exchange rates and the period to be used for
lation (EEC) No 2681 /83 should be used ; whereas the               calculating the differential amounts ; whereas in cases
abovementioned difference may be adjusted in accordance
                                                                    where, for one or more months, quotations of forward
with Article 38 of Regulation (EEC) No 2681 /83, account
                                                                    exchange rates are not available, the rates adopted for the
being taken of the prices of the main competing cereals ;           previous months or the following months, as the case may
                                                                    be, must be used ;
Whereas the aid for colza, rape or sunflower seed                   Whereas the subsidy should be fixed whenever the
harvested or processed in Spain or Portugal is to be                 market situation makes it necessary and in such a way as
adjusted as provided for in Council Regulation (EEC) No             to ensure its being applied at least once a week ; whereas
478/86 (') ; whereas this aid is, for seed harvested in these       the subsidy may be altered whenever it becomes obvious
Member States, to be determined in line with the provi­              that such alteration is necessary ;
sions of Articles 95 (2) and (3) and 293 (2) and (3) of the
Act of Accession :
                                                                    Whereas it follows from applying these provisions to the
                                                                     offers and quotations known to the Commission that,
                                                                     pursuant to Article 33 of Regulation (EEC) No 2681 /83
Whereas Article 33 of Regulation (EEC) No 2681 /83                   the amount of the subsidy in ecus and the amount of the
provides for the publication of the amount of the final              subsidy in each of the national currencies must be fixed
subsidy obtained from the conversion into each of the                in accordance with the Annex to this Regulation ;
national currencies of the amount in ecus resulting from             whereas, pursuant to the same Article, the spot and
the calculation referred to above plus or minus the diffe­           forward exchange rates for the ecu in national currencies
rential amount ; whereas Article 1 of Commission Regula­             determined in accordance with Article 4 of Regulation
tion (EEC) No 1813/84 (2), as last amended by Regulation             (EEC) No 1813/84 must also be published,
(EEC) No 1 539/90 (3), defined the elements which deter­
mine the differential amounts ; whereas these elements
are equal to the incidence on the target price less percen­
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)        HAS ADOPTED THIS REGULATION :
No 1569/72 ; whereas, according to these provisions, this
percentage represents :
                                                                                              Article 1
(a) for those Member States whose currencies are main­
     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)
                                                                     No 2681 /83 shall be as set out in the Annexes hereto.
         agricultural policy, and
     — the conversion rate resulting from the central rate           2.     However, the amount of the aid fixed in advance for
         multiplied by the correcting factor referred to in          the 1991 /92 marketing year for the rape seed shall be
         Article 6 (1 ) of Regulation (EEC) No 1677/85 (4), as       confirmed or replaced with effect from 16 March 1991 to
         last amended by Regulation (EEC) No 2205/90 (*) ;           take account of the prices and related measures for the
                                                                      1991 /92 marketing year and of the consequences of the
                                                                     maximum guaranteed quantity arrangements.
(b) for Member States other than those referred to in (a),
     the difference between :
(') OJ  No   L 53, 1 . 3. 1986, p. 55.                                                        Article 2
0   OJ  No   L 170, 29 . 6. 1984, p. 41 .
0   OJ  No   L 145, 8 . 6. 1990, p. 20.
(4) OJ  No   L 164, 24. 6. 1985, p. 6.
0   OJ  No   L 201 , 31 . 7. 1990, p. 9.                             This Regulation shall enter into force on 16 March 1991 .
 ---pagebreak--- 16 . 3 . 91                    Official Journal of the European Communities                        No L 69/ 13
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 15 March 1991 .
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission
 ---pagebreak---  No L 69/ 14                                       Official Journal of the European Communities                                                              16. 3. 91
                                                                             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
                                                             3                  4                    5                 6                  70                  8 (')
  1 . Gross aids (ECU) :                                               \
      — Spain                                                 0,000              0,000                0,000             0,000              11,246              11,246
      — Portugal                                            27,646              27,724              27,662            27,662               18,216              18,216
      — Other Member States                                 20,676              20,754              20,692            20,692               11,246              11,246
  2. Final aids :                                                      \
      Seed harvested and processed in :                                \                                      ll
      — Federal Republic of Germany (DM)                    48,68               48,86               48,71             48,71                26,48               26,49
      — Netherlands (Fl)                                    54,84               55,05               54,89             54,89                29,83               29,86
      — BLEU (Bfrs/Lfrs)                                 1 003,95            1 007,74            1 004,73          1 004,73               546,06             546,22
      — France (FF)                                        163,25              163,87              163,38            163,38                88,79               88,79
      — Denmark (Dkr)                                      185,67              186,37              185,81            185,81               100,99             100,99
      — Ireland (£ Irl)                                     18,170              18,238              18,184             18,184               9,883                9,878
      — United Kingdom (£)                                  15,818              15,875               15,820           15,820                8,366                8,327
      — Italy (Lit)                                    36 420              36 557              36 448            36 448               19 809             19 657
      — Greece (Dr)                                      4 204,52           4 196,84             4 136,46          4 099,63             1 845,08           1 724,98
      — Spain (Pta)                                           0,00                0,00                0,00               0,00           1 809,62           1 789,32
      — Portugal (Esc)                                   5 824,88            5 841,88            5 827,68          5 816,70            3 859,31           3 815,46
                                                                             ANNEX II
                                                        Aids to colza and rape seed 'double zero'
                                                                                                                                                  (amounts per 100 kg)
l                                                         Current           1st period          2nd period        3rd period           4th period         5th period
l                                                            3                   4                    5                 6                  70                 80
  1 . Gross aids (ECU) :                             |                  I                  I                                      \
      — Spain                                                 0,986               1,064                1,002             1,002             13,746              13,746
      — Portugal                                            30,146              30,224              30,162            30,162               20,716              20,716
      — Other Member States                                 23,176              23,254              23,192            23,192               13,746              13,746
  2. Final aids :                                                       \                  \                                                         \
      Seed harvested and processed in :                                 \                  \                                                         \
      — Federal Republic of Germany (DM)                    54,56               54,74                54,60             54,60               32,36               32,38
      — Netherlands (Fl)                                    61,48               61,68                61,52             61,52               36,46               36,49
      — BLEU (Bfrs/Lfrs)                                 1 125,34            1 129,13            1 126,12          1 126,12               667,45             667,61
      — France (FF)                                        182,99              183,60              183,12            183,12               108,53             108,53
      — Denmark (Dkr)                                      208,12              208,82              208,26            208,26               123,44             123,44
      — Ireland (£ Irl)                                     20,367              20,435               20,381           20,381               12,080              12,075
      — United Kingdom (£)                                  17,767              17,824               17,769            17,769              10,315              10,276
      — Italy (Lit)                                     40 823             40 961              40 852            40 852               24 213             24 060
      — Greece (Dr)                                      4 761,78            4 754,10            4 693,72          4 656,89             2 402,34           2 282,24
      — Spain (Pta)                                        242,92              255,76              244,39            237,42             2 191,86           2 171,56
      — Portugal (Esc)                                   6 346,57            6 363,57            6 349,37          6 338,39             4 381,00           4 337,15
  (') Amount fixed provisionally, pending and subject to the setting of the prices and related measures and of the application of the maximum guaranteed quantity
      arrangements for the 1991 /92 marketing year, on the basis in particular :
      — of the Commission's proposals for the 1991 /92 marketing year as regards the target price, the monthly increases, the reduction for rape seed other than 'double
          zero' and the arrangements applying to rape seed harvested in Spain ;
      — the adjustment resulting from the maximum guaranteed quantity arrangements and the agricultural conversion rates applied for the 1990/91 marketing year.
 ---pagebreak---   16. 3 . 91                                       Official Journal of the European Communities                                             No L 69 / 15
                                                                            ANNEX III
                                                                  Aids to sunflower seed
                                                                                                                                      (amounts per 100 kg)
                                                          Current              1st period          2nd period         3rd period            4th period
I                                                           3                       4                   5                  6                     7
  1 . Gross aids (ECU) :
      — Spain                                               30,792                  30,925             30,838             30,592                30,450
      — Portugal                                            39,708                  39,845             39,765             39,524                39,384
      — Other Member States                                 27,468                  27,605             27,525             27,284                27,144
  2. Final aids :
      (a) Seed harvested and processed in (') :     I                                                              I
          — Federal Republic of Germany             \                     II
              (DM)                                          64,66                 • 64,99              64,80              64,23                 63,90
          — Netherlands (Fl)                                72,86                   73,22              73,01              72,37                 72,00
          — BLEU (Bfrs/Lfrs)                             1 333,74               1 340,40            1 336,51           1 324,81              1 318,01
          — France (FF)                                    216,88                 217,96              217,33             215,42                214,32
          — Denmark (Dkr)                                  246,66                 247,89              247,17             245,01                243,75
          — Ireland (£Irl)                                  24,138                  24,259             24,188             23,977                23,853
          — United Kingdom (£)                              21,103                  21,207             21,136             20,943                20,831
          — Italy (Lit)                                 48 384                48 625               48 484            48 059                47 813
          — Greece (Dr)                                  5 705,58              5 710,82             5 643,14           5 542,51              5 506,19
          — Portugal (Esc)                               8 340,82              8 370,07             8 352,44           8 292,15              8 263,41
      (b) Seed harvested      in   Spain    and     Il                                          \                  ll
          processed :                                                     I                     IIll
          — in Spain (Pta)                               4 785,82              4 807,08             4 792,72           4 750,46              4 729,37
          — in another Member State (Pta)                4 841,20              4 862,99             4 849,83           4 808,40              4 787,69
  (') For seed harvested in Member States other than Spain and processed in Spain, the amounts shown in 2 (a) to be multiplied by 1,0186140.
                                                                            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)
l                                               Current           1st period           2nd period       3rd period       4th period          5th period
l                                                  3                   4                    5                6                 7                   8
  DM                                             2,050710            2,048330             2,046430         2,044560          2,044560           2,039570
  Fl                                             2,310890            2,308230             2,305930         2,303660          2,303660           2,297920
  Bfrs/ Lfrs                                   42,232200           42,192000            42,145900         42,109900       42,109900            42,013500
  FF                                             6,987130            6,980510             6,975610         6,970830         6,970830            6,959170
  Dkr                                            7,884100            7,882270             7,880770         7,880420         7,880420            7,875580
  £Irl                                           0,770003            0,770197             0,771111         0,771578         0,771578            0,774066
  £                                              0,702335            0,703770             0,704840         0,705845         0,705845            0,707772
  Lit                                      1 531,19            1 534,04              1 536,39         1 538,63         1 538,63            1 546,16
  Dr                                         221,13900           223,70300             226,32300        228,92600        228,92600           235,50400
  Esc                                        178,36500            178,87500            179,42600        180,14100        180,14100           182,31900
  Pta                                        127,67100            128,11900            128,48700        128,83100        128,83100           129,76700