CELEX: 31991R0772
Language: en
Date: 1991-03-28 00:00:00
Title: Commission Regulation (EEC) No 772/91 of 27 March 1991 fixing the amount of the subsidy on oil seeds

No L 81 /62                                 Official Journal of the European Communities                                 28 . 3 . 91
                                        COMMISSION REGULATION (EEC) No 772/91
                                                          of 27 March 1991
                                          fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                            applied to the prices of sunflower seed from third coun­
                                                                       tries have been fixed by Commission Regulation No
Having regard to the Treaty establishing the European                  225/67/EEC (9), as last amended by Regulation (EEC) No
Economic Community,                                                    2869/87 (10) ;
Having regard to the Act of Accession of Spain and                     Whereas the target prices and the intervention prices
Portugal,                                                              fixed by the Council are to be reduced in accordance with
                                                                       Commission Regulation (EEC) No 1756/90 of 27 June
Having regard to Council Regulation No 136/66/EEC of                   1990 establishing the target and intervention prices for
22 September 1966 on the establishment of a common                     colza, rape and sunflower seed, 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 (u);
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                    ting year, has been fixed by Commission Regulation
801 /91 (4),                                                           (EEC) No 2509/90 (12) ;
Having regard to Council Regulation (EEC) No 1569/72                   Whereas the abatement of the subsidy for sunflower seed
of 20 July 1972 laying down special measures for colza,                which arise from the system of maximum guaranteed
rape and sunflower seed (*), as last amended by Regulation             quantities for the 1990/91 marketing year has been fixed
(EEC) No 2206/90 (<% and in particular Article 2 (3)                   by Commission Regulation (EEC) 2833/90 (u) ;
thereof,
Having regard to the opinion of the Monetary Committee,                Whereas, owing to the lack of a target price for colza, rape
                                                                       seed and sunflower seed and of the adjustment in the rate
Whereas Article 27 of Regulation No 136/66/EEC                         of aid resulting from the maximum guaranteed quantity
provides that a subsidy should be granted in respect of oil            arrangements for the 1991 /92 marketing year, the rate of
seeds harvested and processed within the Community                     the aid fixed in advance for this marketing year has only
when the target price for a species of seed is higher than             been able to be calculated provisionally on the basis of
the price on the world market ; whereas these provisions               the Commission's price proposals to the Council ;
at present apply only in respect of colza, rape and                    whereas this amount should therefore only be applied
sunflower seeds ;                                                      provisionally and should be confirmed or replaced once
                                                                       the prices and related measures and the consequences of
                                                                       the maximum guaranteed quantity arrangements for the
Whereas the subsidy on oil seeds should, theoretically, be             1991 /92 marketing year are known ;
equal to the difference between those two prices ;
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                provides that the world market price, calculated for a
1990/91 marketing year were fixed by Council Regula­                   Community frontier crossing point, is to be determined
tions (EEC) No 1317/90 O and (EEC) No 1318/90 (8);                     on the basis of the most favourable purchasing opportuni­
                                                                       ties, quotations being adjusted where necessary to take
                                                                       account of quotations for competing products ;
Whereas a supplement to the target price for 'double zero'
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
                                                                       of 6 June 1967 laying down criteria for determining
Whereas the standard quality for sunflower seed has been               world market prices for oil seeds and fixing the frontier
maintained by the Council for the 1989/90 and 1990/91                  crossing point (14), as last amended by Regulation (EEC)
marketing years ; whereas the coefficients of equivalence              No 1983/82 (15), 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.                               O OJ No     136, 30. 6. 1967, p. 2919/67.
(3) OJ No    L 164, 24. 6. 1985, p . 11 .                              (,0) OJ No   L 273, 26. 9. 1987, p. 16.
O   OJ No    L 82, 28 . 3. 1991 , p . 30.                              (>') OJ No   L 162, 28 . 6. 1990, p. 19.
0 OJ No L 167, 25. 7. 1972, p . 9.                                     (12) OJ No   L 237, 1 . 9 . 1990, p. 7.
(6) OJ No L 201 , 31 . 7. 1990, p. 11 .                                (13) OJ No   L 268, 29. 9. 1990, p. 86.
0 OJ No L 132, 23. 5. 1990 , p . 9 .                                   H OJ No      111 , 10. 6. 1967, p. 2196/67.
 P) OT No L 132, 23 . 5. 1990 , p. 11 .                                (IJ) OJ No L 215, 23 . 7. 1982, p. 6.
 ---pagebreak--- 28 . 3. 91                             Official Journal of the European Communities                              No L 81 /63
 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
                                                                  knowi} 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 1 1 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 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 1 1 5/67/EEC provides         0 OJ No L 132, 23. 5. 1990, p. 15.
that, where no offer or quotation can be used as a basis         0 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 81 /64                             Official Journal of the European Communities                                   28 . 3 . 91
Whereas Article 37 of Regulation (EEC) No 2681 /83                (b) for Member States other than those referred to in (a),
provides that the corrective amount must be equal to the                 the difference between :
difference between the world market price for colza, rape                — the agricultural conversion rate, and
and sunflower seeds and the forward price for those seeds
valid for a shipment effected during the month in which                  — the average rate of the ecu as published in the C
the seeds were placed under control at an oil mill, those                    Series of the Official Journal of the European
prices being determined in accordance with Articles 1 , 4                    Communities during a period to be determined
and 5 of Regulation No 1 1 5/67/EEC ; whereas, if no offer                   multiplied by the factor referred to in the second
and no price can be used for such determination, the                         indent of point (a) ;
method of calculation provided for in Article 37 of Regu­
lation (EEC) No 2681 /83 should be used ; whereas the
abovementioned difference may be adjusted in accordance           Whereas Regulation (EEC) No 1813/84 specifies the spot
with Article 38 of Regulation (EEC) No 2681 /83, account          and forward exchange rates and the period to be used for
being taken of the prices of the main competing cereals ;         calculating the differential amounts ; whereas in cases
                                                                  where, for one or more months, quotations of forward
                                                                  exchange rates are not available, the rates adopted for the
                                                                  previous months or the following months, as the case may
                                                                  be, must be used ;
Whereas the aid for colza, rape or sunflower seed
harvested or processed in Spain or Portugal is to be              Whereas the subsidy should be fixed whenever the
adjusted as provided for in Council Regulation (EEC) No           market situation makes it necessary and in such a way as
478/86 (') ; whereas this aid is, for seed harvested in these     to ensure its being applied at least once a week ; whereas
Member States, to be determined in line with the provi­            the subsidy may be altered whenever it becomes obvious
sions of Articles 95 (2) and (3) and 293 (2) and (3) of the        that such alteration is necessary ;
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
                                                                   the amount of the subsidy in ecus and the amount of the
Whereas Article 33 of Regulation (EEC) No 2681 /83                 subsidy in each of the national currencies must be fixed
provides for the publication of the amount of the final            in accordance with the Annex to this Regulation ;
subsidy obtained from the conversion into each of the             whereas, pursuant to the same Article, the spot and
national currencies of the amount in ecus resulting from           forward exchange rates for the ecu in national currencies
the calculation referred to above plus or minus the diffe­         determined in accordance with Article 4 of Regulation
rential amount ; whereas Article 1 of Commission Regula­           (EEC) No 1813/84 must also be published,
tion (EEC) No 1813/84 (2), as last amended by Regulation
(EEC) No 1539/90 ('), 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       HAS ADOPTED THIS REGULATION :
lation or the subsidy of the coefficient derived from the
percentage referred to in Article 2 (1 ) of Regulation (EEC)
No 1569/72 ; whereas, according to these provisions, this
percentage represents :
                                                                                              Article 1
                                                                    1 . , The amounts of the subsidy and the exchange rates
(a) for those Member States whose currencies are main­             referred to in Article 33 (2) and (3) of Regulation (EEC)
    tained as between themselves within a spread at any            No 2681 /83 shall be as set out in the Annexes hereto.
    given moment of 2,25 % , the difference between :
                                                                   2.      However, the amount of the aid fixed in advance for
    — the     conversion    rate  used under the     common
                                                                   the 1991 /92 marketing year for colza, rape and sunflower
        agricultural policy, and                                   seed shall be confirmed or replaced with effect from 1
                                                                   April 1991 to take account of the prices and related
    — the conversion rate resulting from the central rate          measures for the 1991 /92 marketing year and of the
        multiplied by the correcting factor referred to in         consequences of the maximum guaranteed quantity arran­
        Article 6 (1 ) of Regulation (EEC) No 1677/85 (4), as      gements.
        last amended by Regulation (EEC) No 2205/90 (*) ;
(') OJ No L 53, 1 . 3 . 1986, p. 55 .                                                         Article 2
(2) OJ No L 170, 29 . 6. 1984, p. 41
(3) OJ No L 145, 8 . 6. 1990, p. 20 .
(j OJ No L 164, 24. 6. 1985, p. 6.
 4 OJ No L 201 , 31 . 7. 1990, p. 9 .                              This Regulation shall enter into force on 1 April 1991 .
 ---pagebreak--- 28 . 3 . 91                    Official Journal of the European Communities                        No L 81 /65
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 27 March 1991 .
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission
 ---pagebreak--- No L 81 / 66                                      Official Journal of the European Communities                                                             28 . 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
                                                           4                  5                    6                 7                  80                  9 (')
1 . Gross aids (ECU) :
    — Spain                                                 0,000              0,000                0,000             8,000               8,000               8,000
    — Portugal                                            24,970              24,970              24,970             14,970             14,970               14,970
    — Other Member States                                 18,000              18,000               18,000              8,000              8,000                8,000
2. Final aids :                                                                                             \
    Seed harvested and processed in :                                                                       \
    — Federal Republic of Germany (DM)                    42,38               42,38               42,38              18,83               18,83               18,83
    — Netherlands (Fl)                                    47,75               47,75               47,75              21,22              21,22                21,22
    — BLEU (Bfrs/Lfrs)                                   874,01              874,01              874,01             388,45             388,45              388,45
    — France (FF)                                        142,12              142,12              142,12              63,17              63,17                63,17
    —    Denmark (Dkr)                                   161,64              161,64              161,64              71,84              71,84                71,84
    —    Ireland (£ Irl)                                   15,818             15,818               15,818              7,030              7,030                7,030
    —    United Kingdom (£)                                13,667             13,662               13,662              5,764              5,764                5,733
    —    Italy (Lit)                                  31 706             31 706              31 706             14 092             14 092              13 941
    —    Greece (Dr)                                   3 521,08            3 496,17            3 457,37           1 025,94           1 025,94              890,23
    —    Spain (Pta)                                        0,00                0,00                 0,00         1 332,27           1 332,27            1 310,94
    —    Portugal (Esc)                                5 274,92            5 275,92            5 273,36           3 191,22           3 191,22            3 142,07
                                                                           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
                                                           4                   5                    6                 7                 8 (')               9 (-)
1 . Gross aids (ECU) :
    — Spain                                                 0,000               0,000                0,000           10,500              10,500              10,500
    — Portugal                                            27,470              27,470               27,470            17,470              17,470              17,470
    — Other Member States                                 20,500              20,500               20,500            10,500              10,500              10,500
2. Final aids :                                                                                             ||\
    Seed harvested and processed in :
    —    Federal Republic of Germany (DM)                 48,26               48,26                48,26             24,72               24,72               24,72
    —    Netherlands (Fl)                                 54,38               54,38                54,38             27,85               27,85               27,85
    —    BLEU (Bfrs/Lfrs)                                995,40              995,40              995,40             509,84             509,84              509,84
    —    France (FF)                                     161,86              161,86              161,86              82,90               82,90               82,90
    —    Denmark (Dkr)                                   184,09              184,09              184,09              94,29               94,29               94,29
    —    Ireland (£ Irl)                                   18,015             18,015               18,015              9,227              9,227                9,227
    —    United Kingdom (£)                                15,616             15,611               15,611              7,713              7,713                7,682
    —    Italy (Lit)                                  36 110             36 110              36 110             18 495              18 495             18 345
    —    Greece (Dr)                                   4 078,35            4 053,44            4 014,63           1 583,20           1 583,20            1 447,49
    —    Spain (Pta)                                        0,00                0,00                 0,00         1 714,51           1 714,51            1 693,18
    —    Portugal (Esc)                                5 796,61            5 797,61            5 795,05           3 712,91           3 712,91            3 663,76
(') 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--- 28 . 3 . 91                                        Official Journal of the European Communities                                                         No L 81 /67
                                                                           ANNEX III
                                                                   Aids to sunflower seed
                                                                                                                                                 (amounts per 100 kg)
                                                          Current                1st period            2nd period               3rd period             4th period
                                                             4                        5                      6                       7                     8 (')
 1 . Gross aids (ECU):
     — Spain                                                 27,253                  27,247                 27,247                  27,247                  21,101
     — Portugal                                              36,240                  36,240                 36,240                  36,240                  28,240
     — Other Member States                                   24,000                  24,000                 24,000                  24,000                  16,000
2. Final aids :                                                                                    Il
     (a) Seed harvested and processed in (2) :                                                     \
          — Federal Republic of Germany             Il                                             ||Il
              (DM)                                           56,50                   56,50                  56,50                    56,50                  37,67
          — Netherlands (Fl)                                 63,66                   63,66                  63,66                   63,66                   42,44
          — BLEU (Bfrs/Lfrs)                             1 165,35                 1 165,35              1 165,35                 1 165,35                 776,90
          — France (FF)                                    189,50                   189,50                 189,50                  189,50                 126,33
          — Denmark (Dkr)                                  215,52                   215,52                215,52                   215,52                 143,68
          — Ireland (£ Irl)                                  21,091                  21,091                 21,091                  21,091                  14,060
          — United Kingdom (£)                               18,317                  18,310                  18,310 .                18,310                 11,975.
          — Italy (Lit)                                 42 275                 42 275                  42 275                  42 275                  28 183
          — Greece (Dr)                                  4 820,63                4 792,95               4 751,08                 4 709,95               2 768,52
          — Portugal (Esc)                               7 629,12                7 630,30               7 627,65                 7 616,59               5 961,87
     (b) Seed harvested in Spain and                IlII                                                                 II
          processed :                                                     II                                             II
          — in Spain (Pta)                               4 266,21                4 266,91               4 266,91                 4 258,01               3 340,16
          — in another Member State (Pta)                4 332,00                4 333,61               4 333,61                 4 324,93               3 417,91
(') 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.
(2) 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)
                                               Current            1st period            2nd period           3rd period            4th period           5th period
                                                   4                   5                     6                    7                     8                     9
DM                                              2,051940             2,049760              2,048580             2,046430              2,046430             2,041820
Fl                                              2,309930             2,307780              2,306530             2,303990              2,303990             2,298790
Bfrs/Lfrs                                      42,255100           42,218100             42,192899             42,147000            42,147000            42,065700
FF                                              6,989050             6,983320              6,980350             6,973840              6,973840             6,962630
Dkr                                             7,879960             7,878600              7,878780             7,875040              7,875040             7,868770
£Irl                                            0,771150             0,771288              0,772288             0,772491              0,772491             0,774934
£                                               0,700926             0,702229              0,703319             0,704068              0,704068             0,705727
Lit                                       . 1 531,13            1 533,52              1 536,11             1 537,72              1 537,72             1 544,90
Dr                                            221,06700           223,22200             225,52300            227,78400             227,78400            234,08500
Esc                                           178,55400           178,99600             179,58500             180,16000            180,16000            182,21600
Pta                                           127,68600           128,09900             127,83500             128,73700            128,73700            129,57100