CELEX: 31986R0896
Language: en
Date: 1986-03-27 00:00:00
Title: Commission Regulation (EEC) No 896/86 of 26 March 1986 fixing the amount of the subsidy on oil seeds

No L 82/38                                 Official Journal of the European Communities                               27. 3 . 86
                                        COMMISSION REGULATION (EEC) No 896/86
                                                          of 26 March 1986
                                          fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           and in the absence of the amount of the monthly increase
                                                                      for May and June 1986 for colza and rape seed, the
 Having regard to the Treaty establishing the European                amount of the subsidy in the case of advance fixing for
 Economic Community,                                                  April, May and June 1986 for colza and rape seed has
                                                                      been obtainable only provisionally on the basis of the
                                                                      target price and the monthly increase as last proposed by
 Having regard to the Act of Accession of Spain and                   the Commission to the Council for the marketing year
Portugal,                                                             1985/86 ; whereas this amount may, therefore, be applied
                                                                      on a temporary basis and should be confirmed or replaced
 Having regard to Council Regulation No 136/66/EEC of                 when the target price for the 1985/86 marketing year is
22 September 1966 on the establishment of a common                    known :
organization of the market in oils and fats (') as last
amended by Regulation (EEC) No 3768/85 (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                          1986/87 marketing year for colza, rape and sunflower seed
 1 678/85 (3) fixing the conversion rates to be applied in            and the monthley compensatory amount for September
agriculture, as last amended by Regulation (EEC) No                   1986 for colza and rape, in the case of advance fixing for
3772/85 (4),                                                          July, August and September 1986 for colza and rape seed
                                                                      and for August 1986 for sunflower seed, the amount of
Having regard to Council Regulation (EEC) No 1569/72                  the subsidy on these products has been obtainable only
of 20 July 1972 laying down special measures for colza,               on the basis of the target price and the monthly increase
rape and sunflower seed (*), as last amended by Regulation            proposed by the Commission to the Council for the
(EEC) No 1474/84 (% and in particular Article 2 (3)                   marketing year 1986/87 ; whereas this amount may, there­
thereof,                                                              fore, be applied on a temporary basis and should be
                                                                      confirmed or replaced when the target price for the
Having regard to the opinion of the Monetary Committee,               1986/87 marketing year and the compensatory amount
                                                                      for September 1986 is known ;
Whereas Article 27 of Regulation No 136/66/EEC
provides that a subsidy should be granted in respect of oil
seeds harvested and processed within the Community                    Whereas Article 29 of Regulation No 136/66/EEC
when the target price for a species of seed is higher than            provides that the world market price, calculated for a
the price on the world market ; whereas these provisions              Community frontier crossing point, is to be determined
at present apply only in respect of colza, rape and                   on the basis of the most favourable purchasing opportuni­
sunflower seeds ;                                                     ties, quotations being adjusted where necessary to take
                                                                      account of quotations for competing products ;
Whereas the subsidy on oil seeds should, theoretically, be
equal to the difference between those two prices ;
Whereas the target price and the monthly increments in                Whereas Article 4 of Council Regulation No 115/67/EEC
the target price of sunflower seed for the 1985/86 marke­             of 6 June 1967 laying down criteria for determining
ting year have been fixed in Regulations (EEC) No                     world market prices for oil seeds and fixing the frontier
1489/85 0, and (EEC) No 1490/85 (8) ; whereas the target              crossing point (l0), as last amended by Regulation (EEC)
price for colza, rape and sunflower seed application in               No 1983/82 ("), fixed the said crossing point at
Spain and in Portugal was set by Regulation (EEC) No                  Rotterdam ; whereas Article 1 of that Regulation provides
454/86 0 ;                                                            that when the world market price is being determined
                                                                      account should be taken of all offers on the world market
Whereas, in the absence of the target price for the                   known to the Commission and of quotations on those
1985/86 marketing year for colza, rape and sunflower seed             exchanges which are significant for international trade ;
                                                                      whereas Article 2 of Commission Regulation No 225/
                                                                      67/EEC of 28 June 1967 on detailed rules for determi­
(') OJ No 172, 30 . 9 . 1966, p. 3025/ 86.
(2) OJ   No  L 362, 31 . 12. 1985, p. 8 .                             ning the world market price for oil seeds (12), as last
P)  OJ   No  L 132, 21 . 5. 1983, p. 33.                              amended by Regulation (EEC) No 1971 /85 (13), provides
(4) OJ   No  L 137, 27.  5. 1985, p. 1 .
0   OJ   No  L 167, 25.  7. 1972, p. 9.
(6) OJ   No  L 143, 30.  5. 1984, p. 4.                               (10) OJ No  111 , 10. 6. 1967, p.   2196/67.
I7) OJ No L 151 , 10. 6. 1985, p. 13.                                 (")  OJ No  L 215, 23 .  7. 1982,   p. 6.
(8) OJ - No L 151 , 10 . 6. 1985, p. 14.                              (12) OJ No  136, 30. 6.  1967, p.   2919/67.
0 OJ No L 53, 1 . 3. 1986.                                            (")  OJ No  L 185, 18 .  7 . 1985 , p. 15 .
 ---pagebreak--- 27. 3 . 86                             Official Journal of the European Communities                             No L 82/39
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 Regu­
Commission believes, in view of general price movements          lation :
or information available to it, not to be representative of
the real trend of the market must also be disregarded ;
whereas offers and quotations relating to quantities of less     Whereas Article 3 of Regulation No 1 1 5/67/EEC provides
than 500 tonnes and offers relating to seed of a quality         that, where no offer or quotation can be used as a basis
other than that normally acceptable on the world market          for determining the world market price and where it is,
must also be disregarded ;                                       moreover, impossible to establish the value of the oil or
                                                                 oil cake processed from such seed, the world market price
                                                                 should be determined on the basis of the most recent
Whereas Article 3 of Regulation No 225/67/EEC provides           known value for oil or oil cake, adjusted to take account
that of the offers and quotations taken into consideration,      of the trend of world prices for competing products by
those for delivery c and f should be increased by 0,2 % ;        applying to that value the rules set out in Article 2 of
whereas offers and quotations for delivery fas, fob or           Regulation No 1 1 5/67/EEC ; whereas Article 7 of Regula­
otherwise should be increased, as appropriate, by loading,       tion No 225/67/EEC defines competing products as those
transport and insurance costs from the point of shipment         oils or oil cakes, as the case may be, which appear to have
or loading to the frontier crossing point ; whereas cif          been offered in the largest quantities on the world market
offers and quotations for frontier crossing points other         during the period under consideration ;
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 11 5/67/EEC,
sion should take account only of the loading, transport          the price determined for colza, rape and sunflower seeds
and insurance costs which to its knowledge are the               must also be adjusted by an amount not exceeding the
lowest ; whereas, finally, offers and quotations for delivery    margin, as calculated in accordance with that Article,
cif Rotterdam should be increased by 0,242 ECU ;                 where that margin may affect the normal disposal of seeds
                                                                 harvested in the Community ;
Whereas Article 5 of Regulation No 11 5/67/EEC provides
that the world market price should be determined for             Whereas the factors to be taken into consideration for the
seed of the standard quality for which the target price has      purpose of determining that margin are defined in Article
been fixed, delivered in bulk :
                                                                 8 of Regulation No 225/67/EEC ; whereas no adjustment
                                                                 should be made where the margin is found to be less than
                                                                 0,604 ECU ;
Whereas Article 3 of Regulation No 225/67/EEC provides
that offers and quotations relating to products presented
otherwise than in bulk should be adjusted by deducting           Whereas Council Regulation (EEC) No 1594/83 of 14
the additional value resulting from that presentation ;          June 1983 on the subsidy for oil seeds (') laid down rules
whereas offers and quotations relating to a quality other        for granting the subsidy on oil seeds ; whereas, under that
than the standard quality for which the target price was         Regulation, where the subsidy to be granted is fixed in
fixed should be adjusted on the basis of the coefficients of     advance, the amount of such subsidy must be equal to the
equivalence shown in the Annex to that Regulation ;              amount applicable on the day on which the application
whereas, in the case of offers on the world market for
                                                                 for advance fixing was lodged, adjusted by the difference
qualities of colza and rape seed other than those listed in      between the target price valid on that day and the target
that Annex, coefficients of equivalence derived from those       price valid on the day on which the seeds are placed
listed in that Annex may, pursuant to Article 4 of Regula­       under control at an oil or feed mill and, where appro­
tion No 225/67/EEC, be applied ; whereas, when derived           priate, a corrective amount ; whereas Article 35 of
coefficients are being calculated, account must be taken of      Commission Regulation (EEC) No 2681 /83 of 21
the differences between prices for the qualities of seed in      September 1983 laying down detailed rules for the appli­
question and prices for the qualities listed in that Annex,      cation of the subsidy system for oil seeds (2), as last
and of the characteristics of these various seeds ;
                                                                 amended by Regulation (EEC) No 869/86 (3), provides
                                                                 that such adjustment should involve increasing or redu­
                                                                 cing the amount of subsidy applicable on the day on
Whereas Article 2 of Regulation No 1 1 5/67/EEC provides         which the application was lodged by the corrective
that, where no offer or quotation can be used as a basis          amount and the difference between the target prices
for determining the world market price, that price should         mentioned in Article 35 of Regulation (EEC) No
be determined oil the basis of the value of the average           2681 /83 ;
quantities of oil and oil cake resulting from the proces­
sing of 100 kilograms of seed within the Community less           (*) OJ No L 163, 22. 6. 1983, p. 44.
an amount corresponding to the cost of processing these          (2) OJ No L 266, 28 . 9 . 1983, p. 1 .
<5*vrl«j info oil and oil cake ; whereas the quantities and      (3) OJ No L 81 , 26. 3. 1986, p. 10.
 ---pagebreak---   No L 82/40                            Official Journal of the European Communities                                  27 . 3 . 86
  Whereas Article 37 of Regulation (EEC) No 2681 /83                    — the conversion rate resulting from the central rate,
 provides that the corrective amount must be equal to the
 difference between the world market price for colza, rape        (b) for Italy, the United Kingdom and Greece, the diffe­
 and sunflower seeds and the forward price for those seeds              rence between :                       ,
 valid for a shipment effected during the month in which                — the relationship between the conversion rate used
 the seeds were placed under control at an oil mill , those                under the common agricultural policy for the
 prices being determined in accordance with Articles 1 , 4                 currency of the Member State concerned and the
 and 5 of Regulation No 115/67/EEC ; whereas, if no offer                  central rate of each of the currencies of the
 and no price can be used for such determination , the                     Member States referred to in (a), and
 method of calculation provided for in Article 37 of Regu­
 lation (EEC) No 2681 /83 should be used ; whereas the                  — the spot market rate for the currency of the
 abovementioned difference may be adjusted in accordance                   Member State in question in relation to each of
 with Article 38 of Regulation (EEC) No 2681 /83 , account                 the currencies of the Member States referred to in
 being taken of the prices of the main competing cereals ;                 (a), as recorded over a period to be determined ;
                                                                  Whereas, however, pursuant to Article 2a of Regulation
                                                                  (EEC) No 1 569 /72, the monetary disparity for the marke­
 Whereas the aid for colza, rape or sunflower seed                ting years 1984/85 to 1986/87 will be calculated by a
 harvested or processed in Spain or Portugal is to be             method which takes into account a coefficient applied to
 advised as provided for in Council Regulation (EEC) No           the conversion rate resulting from the central rate ;
478 /86 (') ; whereas pursuant to Article 95 (2) and 293 (2)      whereas Regulation (EEC) No 2679/ 85 (3) fixed the coeffi­
 of the Act of Accession of Spain and Portugal this aid is        cient ;
 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
475/86 (2) and Article 12 of Council Regulation (EEC) No          exchange rates are not available, the rates adopted for the
476/86 (3) of 25 February 1986 laying down general rules          previous months or the following months, as the case may
for the mechanism for controlling the prices and the              be, must be used ;
quantities of certain products in the oils and fats sector
released for consumption in Spain and Portugal respecti­          Whereas the subsidy should be fixed whenever the
vely, provision is made for the granting of compensatory          market situation makes it necessary and in such a way as
aid, subject to certain conditions ; whereas compensatory         to ensure its being applied at least once a week ; whereas
aid should be fixed for sunflower seeds harvested in Spain        the subsidy may be altered whenever it becomes obvious
and Portugal ;                                                    that such alteration is necessary ;
                                                                  Whereas it follows from applying these provisions to the
Whereas Article 33 of Regulation (EEC) No 2681 /83                offers and quotations known to the Commission that,
provides for the publication of the amount of the final           pursuant to Article 33 of Regulation (EEC) No 2681 / 83
subsidy obtained from the conversion into each of the             the amount of the subsidy in ECU and the amount of the
national currencies of the amount in ECU resulting from           subsidy in each of the national currencies must be fixed
the calculation referred to above plus or minus the diffe­        in accordance with the Annex to this Regulation ;
rential amount ; whereas Article 1 of Regulation (EEC)            whereas, pursuant to the same Article, the spot and
No 1813/84 (2) defined the elements which determine the           forward exchange rates for the ECU in national currencies
differential amounts ; v/hereas these elements are equal to       determined in accordance with Article 4 of Regulation
the incidence on the target price or the subsidy of the           (EEC) No 1813/84 must also be published ,
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 :
                                                                  HAS ADOPTED THIS REGULATION :
(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 :
                                                                                                 Article 1
     — the conversion rate used under the common agri­
         cultural policy, and                                     1 . The amounts of the subsidy and the exchange rates
                                                                  referred to in Article 33 (2) and (3) of Regulation (EEC)
(•) Oj No L .53 , 1 . 3 . 1986 .                                  No 2681 / 83 shall be as set out in the Annex hereto .
(J) OJ No L, 53, 1 . 3. 1986, p. 47.
(') O'f No L 53, 1 , 3 . 1986. p. 51 .
0 O'j No L 170, 29 . 6. 1984, n. 41                               ( s) OJ No I , 254 , 25 . 9 . 1985, p. 14 .
 ---pagebreak--- 27. 3 . 86                          Official Journal of the European Communities                              No L 82/41
2. The amount of the compensatory aid referred to in            4. The amount of the subsidy in the case of advance
Article 14 of Regulation (EEC) No 475/86 and Article 12         fixing for July, August and September 1986 for colza and
of Regulation (EEC) No 476/86 shall be as shown in              rape seed and for August 1986 for sunflower seed will
Annex II to this Regulation for sunflower seed harvested        however be confirmed or replaced as from 1 April 1986 to
in Spain and Portugal.                                          take into account the target price which is fixed for these
                                                                products for the 1985/86 marketing year and the monthly
3.    The amount of the subsidy in the case of advance          compensatory amounts for September 1986.
fixing for April, May and June 1986 for colza and rape
seed will, however, be confirmed or replaced as from 1
April 1986 to take into account the target price which is
fixed for these products for the 1985/86 marketing year,                                 Article 2
and the amount of the monthly increase for May and
June 1986 for colza and rape seed.                              This Regulation shall enter into force on 1 April, 1986.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 26 March 1986.
                                                                         For the Commission
                                                                          Frans ANDRIESSEN '
                                                                             Vice-President
 ---pagebreak--- No L 82/42                                  Official Journal of the European Communities                                              27. 3 . 86
                                                                  ANNEX I
                                                       Aids to colza and rape seed
                                                                                                                     (amounts per 100 kilograms)
                                                 Current
                                                              2nd month (')     3rd month (')  4th month (2)    5th month 0      6th month (*)
                                                month (')
1 . Gross aids (ECU)                        II                                                II
    — Spain                                        —                —                 —
                                                                                                      0,610            0,610            0,586
    — Portugal                                     —                —                 —
                                                                                                      0,000            0,000            0,000
    — Other Member States                          28,615           28,115            28,606         24,151           23,758           24,254
2. Final aids                               \                                 \I
    (a) Seed harvested and processed in :   I
        — Federal Republic of Germany       lI                                                                l
           (DM)                                    69,74            68,58             69,74          59,27            58,37        '   59,99
        — Netherlands (Fl)                         78,58            77,28             78,56          66,76            65,74            67,51
        — BLEU (Bfrs/Lfrs)                      1 328,07         1 304,87          1 327,66      1 120,02         1 101,77         1 118,15
        — France (FF)                             198,02           194,47            197,63         165,77           162,96           164,14
        — Denmark (Dkr)                           240,79           236,59            240,72         203,23           199,92           203,63
        — Ireland (£ Irl)                          21,464           21,089            21,454         17,900           17,602           17,867
        — United Kingdom (£)                       16,381           16,042            16,375         13,601           13,335           13,489
        — Italy (Lit)                          40 731          39 949            40 542         33 748           33 129           33 247
        — Greece (Dr)                           2 047,39         1 976,15          2 013,20       1 515,82         1 458,73         1 399,69
    (b) Seed harvested in Spain and
        processed :                         II
        — in Spain (Pta)                           —                —                 —
                                                                                                     96,57            96,57             6,19
        — in a Member State listed at (a)
            (Pta)                                  —                —                 —
                                                                                                 2 694,68         2 638,02         2 661,31
    (c) Seed harvested in Portugal and
        processed :                         II                                                        0,00             0,00             0,00
        — in Portugal (Esc)
        — in a Member State listed at (a)
            (Esc)                                  —                —                 —
                                                                                                  3 479,02         3 417,24         3 372,43
(') On the basis of the Commission s proposal concerning the indicative price for the 1985/86 marketing year and subject to confirmation by the
    Council's decision.
(*) Contingent on the Council's decision on prices and related matters for the 1986/87 marketing year.
 ---pagebreak---                                                          s
 27. 3 . 86                                       Official Journal of the European Communities                                           No L 82/43
                                                                         ANNEX II
                                                                  Aids to sunflower seed
                                                                                                                            (amounts per 100 kilograms)
                                                         Current
                                                                             2nd month           3rd month         4th month           5th month (')
                                                          month
 1 . Gross aids (ECU)                                                   li                                       li\
     — Spain                                                —                    —                   —                 —
                                                                                                                                              1,720
     — Portugal                                             —                    —                   —                 —
                                                                                                                                              0,000
     — Other Member States                                  38,928               38,428              42,676            42,571                38,685
 2. Final aids                                    ||li                                                           li
     (a) Seed harvested and processed in (2) :    ||
         — Federal Republic of Germany
             (DM)                                           94,35                93,19              103,05            102,92                93,67
         —   Netherlands (Fl)                              106,31               105,01              116,10            115,95               105,52
         —   BLEU (Bfrs/Lfrs)                           1 806,72              1 783,51            1 980,67          1 975,07             1 794,71
         —   France (FF)                                   270,21               266,66              296,56            295,29               268,05
         —   Denmark (Dkr)                                 327,58               323,37              359,12            358,23               325,53
         —   Ireland (£ Irl)                                29,200               28,825              32,009            31,754               28,837
         —   United Kingdom (£)                             22,752               22,413              25,296            25,225               22,809
         —   Italy (Lit)                              56 003                 55 221             61 698            61 394               55 617
         —   Greece (Dr)                               3 096,58               3 025,34            3 603,08         3 563,78              3 157,65
     (b) Seed harvested in Spain and
         processed :
         — in Spain (Pta)                                   —                    —                   —                 —
                                                                                                                                           256,80
         — in a Member State listed at (a)
            (Pta)                                           —                    —
                                                                                                                                         3 348,55
     (c) Seed harvested in Portugal and
         processed :                              l
         — in Spain (Esc)                                   —                    —                   —                 —
                                                                                                                                         5 900,88
         — in Portugal (Esc)                                —                    —                   —                 —
                                                                                                                                              0,00
         — in a Member State listed at (a)
            (Esc)                                           —                    —
                                                                                                                                         5 688,86
3. Compensatory aids :
     — in Spain (Pta)                                       —                    —                   —                 —
                                                                                                                                         3 285,02
     — in Portugal (Esc)                                    —                    —                   —                 —
                                                                                                                                         5 649,74
(') Contingent on the Council s decision on prices an related matters for the 1986/87 marketing year.
(*) For seed harvested in the Community as constituted at 31 December 1985 and processed in Spain, the amounts shown in 2 (a) to be multi­
     plied by 1,037269.
                                                                         ANNEX III
                         Exchange rate of the ECU to be used (or 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
                                                                 2nd month          3rd month         4nd month       5th month          6th month
                                               month
DM                                             2,166430             2,155460           2,146850          2,138720        2,138720           2,121130
Fl                                             2,446130             2,435460           2,427900          2,421050        2,421050           2,406660
Bfrs/Lfrs                                    44,353000            44,390200          44,421600          44,435900      44,435900          44,477800
FF                                             6,659410             6,701410           6,729640          6,749460        6,749460           6,785840
Dkr                                            7,997780             7,980690           7,970070          7,959870        7,959870           7,954490
£ Irl                                          0,716096             0,719288           0,721945          0,724442        0,724442           0,729042
£                                              0,641645             0,642271           0,643348          0,644295        0,644295           0,647723
Lit                                      1 473,58              1 483,15           1 490,30          1 501,02        1 501,02           1 519,94
Dr                                          134,380100           135,97990          137,50490         139,07450       139,07450          145,37130
Pta                                         136,066400           136,37140          136,68800          137,21150      137,21150          138,46240
Esc                                         141,782700           144,16800          146,71060          148,79720      148,79720          154,38130