CELEX: 31991R1897
Language: en
Date: 1991-06-29 00:00:00
Title: Commission Regulation (EEC) No 1897/91 of 28 June 1991 fixing the amount of the subsidy on oil seeds

No L 169/ 16                              Official Journal of the European Communities                                29 . 6 . 91
                                     COMMISSION REGULATION (EEC) No 1897/91
                                                         of 28 June 1991
                                       fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          Whereas a supplement to the target price for 'double zero
                                                                     colza and rape seed was fixed by Regulation (EEC) No
                                                                     1722/91 for the 1991 /92 marketing year ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                     Whereas the abatement of the subsidy for colza and rape
                                                                     seed which arises, where appropriate, from the system of
Having regard to the Act of Accession of Spain and                   maximum guaranteed quantities for the 1990/91 marke­
Portugal,                                                            ting year, has been fixed by Commission Regulation
                                                                     (EEC) No 2509/90 (9) ;
Having regard to Council Regulation No 136/66/EEC of
22 September 1966 on the establishment of a common                   Whereas the abatement of the subsidy for sunflower seed
organization of the market in oils and fats ('), as last             which arise from the system of maximum guaranteed
amended by Regulation (EEC) No 1720/91 (2), and in                   quantities for the 1990/91 marketing year has been fixed
particular Article 27 (4) thereof,                                   by Commission Regulation (EEC) 2833/90 (10) ;
Having regard to Council Regulation (EEC) No                         Whereas, owing to the lack of an adjustment in the rate of
1678/85 (3) fixing the conversion rates to be applied in             aid colza, rape seed and sunflower seed resulting from the
agriculture, as last amended by Regulation (EEC) Ho                  maximum guaranteed quantity arrangements for the
1842/91 (4),                                                         1991 /92 marketing year, the rate of the aid for this
                                                                     marketing year has only been able to be calculated provi­
                                                                     sionally on the basis of the abatement applicable for the
Having regard to Council Regulation (EEC) No 1569/72                 1990/91 marketing year ; whereas this amount should
of 20 July 1972 laying down special measures for colza,              therefore only be applied provisionally and should be
rape and sunflower seed (*), as last amended by Regulation           confirmed or replaced once the prices and related
(EEC) No 2206/90 (6), and in particular Article 2 (3)                measures and the consequences of the maximum guaran­
thereof,                                                             teed quantity arrangements for the 1991 /92 marketing
                                                                     year are known ;
Having regard to the opinion of the Monetary Committee,
                                                                     Whereas Article 27a (3) of Regulation No 136/66/ EEC
                                                                     provides that the adjustment of the amount of aid for
Whereas Article 27 of Regulation No 136/66/EEC                       rapeseed produced in Spain for the 1991 /92 marketing
provides that a subsidy should be granted in respect of oil          year shall be fixed so that the adjusted target price is the
seeds harvested and processed within the Community                   same in Spain as in the Community as constituted at 31
when the target price for a species of seed is higher than           December 1985 ;
the price on the world market ; whereas these provisions
at present apply only in respect of colza, rape and
sunflower seeds ;                                                    Whereas Article 29 of Regulation No 136/66/EEC
                                                                     provides that the world market price, calculated for a
                                                                     Community frontier crossing point, is to be determined
Whereas the subsidy on oil seeds should, theoretically, be           on the basis of the most favourable purchasing opportuni­
equal to the difference between those two prices ;                   ties, quotations being adjusted where necessary to take
                                                                     account of quotations for competing products ;
Whereas the target price and the monthly increases in the
target price for colza, rape and sunflower seed for the              Whereas Article 4 of Council Regulation No 1 15/67/EEC
 1991 /92 marketing year were fixed by Council Regula­               of 6 June 1967 laying down criteria for determining
tions (EEC) No 1722/91 0 and (EEC) No 1723/91 (8) ;                  world market prices for oil seeds and fixing the frontier
                                                                     crossing point ("), as last amended by Regulation (EEC)
(')  OJ No  172, 30. 9. 1966, p. 3025/66.                             No 1983/82 (l2), fixed the said crossing point at
(2)  OJ No L 162, 26. 6. 1991 , p. 27.                               Rotterdam ; whereas Article 1 of that Regulation provides
(■') OJ No L 164, 24. 6. 1985, p. 11 .
(4)  OJ No L 172, 1 . 7. 1991 , p. 53.
0    OJ No L 167, 25. 7. 1972, p. 9.                                 0 OJ    No L 237, 1 . 9 . 1990, p. 7.
(6)  OJ No L 201 , 31 . 7. 1990 , p. 11 .                            O OJ    No L 268 , 29 . 9. 1990, p. 86.
0 OJ No L 162, 26. 6. 1991 , p. 31 .                                 (") OJ  No 111 , 10 . 6. 1967, p. 2196/67.
(8) OJ No L 162, 26. 6. 1991 , p. 33 .                               (12) OJ No L 215, 23. 7. 1982, p. 6.
 ---pagebreak--- 29 . 6 . 91                            Official Journal of the European Communities                            No L 169/ 17
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 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 1905/91 (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) See page 43 of this Official  Journal,
 ---pagebreak--- No L 169/ 18                             Official Journal of the European Communities                                 29 . 6. 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
difference between the world market price for colza, rape               — the average rate of the ecu as published in the C
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 115/67/EEC ; whereas, if no offer
and no price can be used for such determination, the
method of calculation provided for in Article 37 of Regu­          Whereas Regulation (EEC) No 1813/84 specifies the spot
lation (EEC) No 2681 /83 should be used ; whereas the              and forward exchange rates and the period to be used for
abovementioned difference may be adjusted in accordance            calculating the differential amounts ; whereas in cases
                                                                   where, for one or more months, quotations of forward
with Article 38 of Regulation (EEC) No 2681 /83, account
being taken of the prices of the main competing cereals ;          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                  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 for the 1991 /92
         multiplied by the correcting factor referred to in         marketing year for colza, rape and sunflower seed shall be
         Article 6 ( 1 ) of Regulation (EEC) No 1677/85 (4), as     confirmed or replaced with effect from 1 July 1991 to
         last amended by Regulation (EEC) No 2205/90 (5) ;          take account of the consequences of the maximum
                                                                    guaranteed quantity arrangements for the 1991 /92 marke­
                                                                    ting year.
(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
(2) OJ  No   L 170, 29. 6. 1984, p. 41 .
(3) OJ  No   L 145, 8 . 6. 1990, p. 20.
(«) OJ  No   L 164, 24. 6. 1985, p. 6.
(j OJ No L 201 , 31 . 7. 1990, p. 9.                                This Regulation shall enter into force on 1 July 1991 .
 ---pagebreak--- 29 . 6. 91                    Official Journal of the European Communities                        No L 169/ 19
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 28 June 1991 .
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission
 ---pagebreak--- No L 169/20                                        Official Journal of the European Communities                                                     29 . 6. 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
                                                            70                  8 (')         9 (')              io o              110               12 0
 1 . Gross aids (ECU) :
      — Spain                                                13,530              13,923        13,008             13,280            12,861            13,039
      — Portugal                                             20,540              20,933        20,018             20,290            19,871            20,049
      — Other Member States                                  13,570              13,963        13,048             13,320            12,901            13,079
 2 . Final aids :
      Seed harvested and processed in :
      — Federal Republic of Germany (DM)                     31,95               32,87         30,72              31,36             30,37             30,79
      — Netherlands (Fl)                                     36,00               37,04         34,61              35,33             34,22             34,69
      — BLEU (Bfrs/Lfrs)                                   658,91              677,99         633,56             646,77            626,42            635,07
      — France (FF)                                        107,14              110,25         103,02             105,17            101,86            103,27
      — Denmark (Dkr)                                      121,86              125,39         117,17             119,61            115,85            117,45
      — Ireland (£ Irl)                                      11,925              12,270        11,466             11,705            11,337            11,494
      — United Kingdom (£)                                   10,662              10,978         10,243            10,462            10,124            10,265
      — Italy (Lit)                                     23 903            24 595          22 983             23 463            22 724            22 970
      — Greece (Dr)                                      3 329,52           3 418,62        3 139,42          3 166,16          3 053,88          2 968,14
      — Spain (Pta)                                      2 101,52           2 159,53        2 024,46          2 064,57          2 003,50          2 016,74
      — Portugal (Esc)                                   4 343,29           4 424,05        4 229,85          4 274,94          4 188,98          4 193,33
                                                                            ANNEX II
                                                        Aids to colza and rape seed 'double zero'
                                                                                                                                           (amounts per 100 kg)
s
                                                          Current           1st period     2nd period         3rd period        4th period        5th period
                                                            70                  8 (')          9 (')             io o              110               12 (')
  1 . Gross aids (ECU) :
      — Spain                                                14,780              15,173         14,258             14,530           14,111             14,289
      — Portugal                                             21,790              22,183        21,268             21,540            21,121            21,299
      — Other Member States                                  14,820              15,213         14,298             14,570           14,151             14,329
  2 . Final aids :
      Seed harvested and processed in :
      — Federal Republic of Germany (DM)                     34,89               35,81          33,66              34,30            33,31             33,73
      — Netherlands (Fl)                                     39,31               40,35          37,93              38,65            37,54             38,01
      — BLEU (Bfrs/ Lfrs)                                  719,60              738,69         694,26             707,47            687,12            695,76
      — France (FF)                                         117,01             120,12         112,89             115,04            111,73            113,14
      — Denmark (Dkr)                                       133,08             136,61         128,39             130,84            127,07            128,67
      — Ireland (£ Irl)                                       13,023             13,369         12,565             12,804            12,436            12,592
      — United Kingdom (£)                                    11,656              11,972        11,238             11,456            11,118            11,259
      — Italy (Lit)                                     26 105             26 797         25 185             25 664            24 926            25 171
      — Greece (Dr)                                      3 644,67            3 733,77       3 454,57           3 481,31          3 369,03          3 283,29
      — Spain (Pta)                                      2 290,05            2 348,06       2 213,00           2 253,11          2 192,04          2 205,28
      — Portugal (Esc)                                   4 604,14            4 684,90       4 490,69           4 535,78          4 449,83          4 454,18
  (') Amount fixed provisionally, pending and subject to the application of the maximum guaranteed quantity arrangements for the 1991 /92 marketing year, confor­
      ming to the adjustment resulting from the maximum guaranteed quantity arrangements applied for the 1990/91 marketing year.
 ---pagebreak--- 29 . 6. 91                                       Official Journal of the European Communities                                               No L 169/21
                                                                          ANNEX III
                                                                  Aids to sunflower seed
                                                                                                                                        (amounts per 100 kg)
                                                          Current              1st period          2nd period .         3rd period            4th period
                                                             7                      8                  9 (')               io (')                 11 0)
1 . Gross aids (ECU) :
    — Spain                                                 25,561                 25,079               24,408               24,483                24,814
    — Portugal                                              34,585                 32,276               31,618               31,691                32,022
    — Other Member States                                   22,345                 20,036               19,378               19,451                19,782
2. Final aids :
    (a) Seed harvested and processed in (2) :
        — Federal Republic of Germany
            (DM)                                            52,60                  47,17                45,62                45,79                 46,57
        — Netherlands (Fl)                                  59,27                  53,15                51,40                51,59                 52,47
        — BLEU (Bfrs/Lfrs)                               1 084,99                 972,87              940,92               944,47                960,54
        — France (FF)                                      176,43                 158,20              153.00               153,58                156,19
        — Denmark (Dkr)                                    200,66                 179,92              174.01               174,67                177,64
        — Ireland (£ Irl)                                    19,636                17,607               17,029               17,093                17,384
        — United Kingdom (£)                                 16,969                15,803               15,275               15,334                15,597
        — Italy (Lit)                                   39 360                35 292               34 133              34 262                34 845
        — Greece (Dr)                                    4 309,53              4 945,64             4 731,54             4 704,98              4 788,87
        — Portugal (Esc)                                 7 274,57              6 791,27             6 649,94             6 654,06              6 723,04
    (b) Seed harvested in Spain and
        processed :
        — in Spain (Pta)                                 4 012,42              3 843,71             3 744,78             3 755,71              3 805,50
        — in another Member State (Pta)                  4 083,80              3 912,68             3 815,56             3 826,29              3 876,08
(') Amount fixed provisionally, pending and subject to the application of the maximum guaranteed quantity arrangements for the 1991 /92 marketing year, confor­
    ming to the adjustment resulting from the maximum guaranteed quantity arrangements 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
                                                 7                     8                    9                  10                11                  12
DM                                             2,050870              2,049060             2,047520           2,046090         2,046090             2,042660
Fl                                             2,312590              2,311470             2,310100           2,308680         2,308680             2,305060
Bfrs/Lfrs                                     42,272000            42,237200             42,209000         42,181100         42,181100           42,100000
FF                                             6,970740              6,970440             6,969170           6,968570         6,968570             6,963910
Dkr                                            7,933430              7,929430             7,925630           7,922230         7,922230             7,914390
£Irl                                           0,767991              0,768086             0,767994           0,768038         0,768038             0,767496
£                                              0,700527              0,701328             0,701998           0,702431         0,702431             0,703277
Lit                                        1 527,04             1 528,53             1 530,06         1 531,94           1 531,94            1 537,66
Dr                                           224,58200            226,27800            228,27400         230,32000         230,32000           236,15100
Esc                                          179,70600            180,35700             180,89200        181,40700          181,40700          182,90400
Pta                                          129,03700            129,28100             129,49900        129,68400          129,68400          130,27900