CELEX: 31988R3806
Language: en
Date: 1988-12-07 00:00:00
Title: Commission Regulation (EEC) No 3806/88 of 6 December 1988 fixing the amount of the subsidy on oil seeds

No L 335/ 18                            Official Journal of the European Communities                                7. 12; 88
                                   COMMISSION REGULATION (EEC) No 3806/88
                                                     of 6 December 1988
                                      fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Whereas the abatement of the subsidy for colza, rape and
                                                                   sunflower seed which arises from the system of maximum
                                                                  guaranteed quantities for the 1988/89 marketing year has
Having regard to the Treaty establishing the European              been fixed by Commission Regulations (EEC) No
Economic Community,                                                2761 /88f) and (EEC) No 3042/88 (10) ;
Having regard to the Act of Accession of Spain and
Portugal,
                                                                   Whereas the standard quality for sunflower seed has been
Having regard to Council Regulation No 136/66/EEC of               maintained by the Council for the 1988/89 marketing
22 September 1966 on the establishment of a common                 year ; whereas the coefficients of equivalence applied to
organization of the market in oils and fats ('), as last           the prices of sunflower seed from third countries have
amended by Regulation (EEC) No 2210/88 (2), and in                 been fixed by Commission Regulation (EEC) No 2869/87
particular Article 27 (4) thereof,                                 ("); '
 Having regard to Council Regulation (EEC) No
 1678/85 (3) fixing the conversion rates to be applied in
 agriculture, as last amended by Regulation (EEC) No               Whereas Article 29 of Regulation No 136/66/EEC
 3765/88 (4),                                                      provides that the world market price, calculated for a
                                                                   Community frontier crossing point, is to be determined
 Having regard to Council Regulation (EEC) No 1569/72              on the basis of the most favourable purchasing opportuni­
 of 20 July 1972 laying down special measures for colza,           ties, quotations being adjusted where necessary to take
 rape and sunflower seed (*), as last amended by Regulation        account of quotations for competing products ;
 (EEC) No 2216/88 (*), and in particular Article 2 (3)
 thereof,
 Having regard to the opinion of the Monetary Committee,            Whereas Article 4 of Council Regulation No 115/67/EEC
                                                                    of 6 June 1967 laying down criteria for determining
                                                                    world market prices for oil seeds and fixing the frontier
 Whereas Article 27 of Regulation No 136/66/EEC                     crossing point (12), as last amended by Regulation (EEC)
 provides that a subsidy should be granted in respect of oil        No 1983/82 (13), fixed the said crossing point at
 seeds harvested and processed within the Community                 Rotterdam ; whereas Article 1 of that Regulation provides
 when the target price for a species of seed is higher than         that when the world market price is being determined
 the price on the world market ; whereas these provisions           account should be taken of all offers on the world market
  at present apply only in respect of colza, rape and               known to the Commission and of quotations on those
  sunflower seeds ;                                                 exchanges which are significant for international trade ;
                                                                    whereas Article 2 of Commission Regulation No 225/
 Whereas the subsidy on oil seeds should, theoretically, be         67/EEC of 28 June 1967 on detailed rules for determi­
  equal to the difference between those two prices ;                ning the world market price for oil seeds (14), as last
                                                                    amended by Regulation (EEC) No 2869/87, provides that
                                                                    offers and quotations which do not relate to shipments to
  Whereas the target price and the monthly increases in the      » be effected within 30 days following the date on which
  target price for colza, rape and sunflower seed for the           the world market price is determined should be disre­
  1988/89 marketing year were fixed by Regulations (EEC)            garded ; whereas offers and quotations which the
  No 2213/88 0 and (EEC) No 2214/88 (8) ;                           Commission believes, in view of general price movements
                                                                    or information available to it, not to be representative of
                                                                    the real trend of the market must also be disregarded ;
  Whereas a supplement to the target price for 'double zero'        whereas offers and quotations relating to quantities of less
  colza and rape seed was fixed in Regulation (EEC) No               than 500 tonnes and offers relating to seed of a quality
• 2213/ 88 :
                                                                     other than that normally acceptable on the world market
                                                                     must also be disregarded ;
  (') OJ No 172, 30. 9. 1966, p. 3025/66.
  (2) OJ No L 197, 26. 7. 1988, p. 1 .
  (3) OJ No L 164, 24. 6. 1985, p. 11 .                              0 OJ No L 247, 6. 9. 1988, p. 7.
  (4) OJ No L 330, 2. 12. 1988, p. 15.                               H OJ No L 271 , 1 . 10. 1988, p. 104.
  0 OJ No L 167, 25. 7. 1972, p. 9.                                  (") OJ No L 273, 26. 9. 1987, p. 16.
  h OJ No L 197, 26. 7. 1988, p. 10.                                 (12) OJ No 111 , 10. 6. 1967, p. 2196/67.
  J7) OJ No L 197, 26. 7. 1988, p. 6.                                (>3) OJ No L 215, 23. 7. 1982, p. 6.
  b) OJ No L 197, 26. 7. 1988, p. 8.                                 H OJ No 136, 30. 6. 1967, p. 2919/67.
 ---pagebreak--- 7. 12. 88                              Official Journal of the European Communities                              No L 335/ 19
Whereas Article 3 of Regulation No 225/67/EEC provides           for determining the world market price and where it is,
that of the offers and quotations taken into consideration,      moreover, impossible to establish the value of the oil or
those for delivery c and f should be increased by 0,2 % ;        oil cake processed from such seed, the world market price
whereas offers and quotations for delivery fas, fob or           should be determined on the basis of the most recent
otherwise should be increased, as appropriate, by loading,       known value for oil or oil cake, adjusted to take account
transport and insurance costs from the point of shipment         of the trend of world prices for competing products by
or loading to the frontier crossing point ; whereas cif          applying to that value the rules set out in Article 2 of
offers and quotations for frontier crossing points other         Regulation No 1 15/67/EEC ; whereas Article 7 of Regula­
than Rotterdam should be adjusted to allow for the diffe­        tion No 225/67/EEC defines competing products as those
rence in transport and insurance costs as compared with a        oils or oil cakes, as the case may be, which appear to have
product delivered cif Rotterdam ; whereas the Commis­            been offered in the largest quantities on the world market
sion should take account only of the loading, transport          during the period under consideration ;
and insurance costs which to its knowledge are the
lowest ; whereas, finally, offers and quotations for delivery
cif Rotterdam should be increased by 0,242 ECU ;
                                                                 Whereas, under Article 6 of Regulation No 1 15/67/EEC,
Whereas Article 5 of Regulation No 1 15/67/EEC provides          the price determined for colza, rape and sunflower seeds
that the world market price should be determined for             must also be adjusted by an amount not exceeding the
seed of the standard quality for which the target price has      margin, as calculated in accordance with that Article,
been fixed, delivered in bulk :                                  where that margin may affect the normal disposal of seeds
                                                                 harvested in the Community ;
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 ('), as last amended
whereas offers and quotations relating to a quality other        by Regulation (EEC) No 2215/88 (2), laid down rules for
than the standard quality for which the target price was         granting the subsidy on oil seeds ; whereas, under that
fixed should be adjusted on the basis of the coefficients of      Regulation, where the subsidy to be granted is fixed in
equivalence shown in the Annex to that Regulation ;               advance, the amount of such subsidy must be equal to the
whereas, in the case of offers on the world market for            amount applicable on the day on which the application
qualities of colza and rape seed other than those listed in       for advance fixing was lodged, adjusted by the difference
that Annex, coefficients of equivalence derived from those       between the target price valid on that day and the target
listed in that Annex may, pursuant to Article 4 of Regula­        price valid on the day on which the seeds are placed
tion No 225/67/EEC, be applied ; whereas, when derived            under control at an oil or feed mill and, where appro­
coefficients are being calculated, account must be taken of       priate, a corrective amount ; whereas Article 35 of
the differences between prices for the qualities of seed in       Commission Regulation (EEC) No 2681 /83 of 21
question and prices for the qualities listed in that Annex,       September 1983 laying down detailed rules for the appli­
and of the characteristics of these various seeds ;               cation of the subsidy system for oil seeds (3), as last
                                                                  amended by Regulation (EEC) No 3780/88 (4), provides
                                                                  that such adjustment should involve increasing or redu­
                                                                  cing the amount of subsidy applicable on the day on
                                                                  which the application was lodged by the corrective
Whereas Article 2 of Regulation No 1 1 5/67/EEC provides          amount and the difference between the target prices
that, where no offer or quotation can be used as a basis          mentioned in Article 35 of Regulation (EEC) No
for determining the world market price, that price should         2681 /83 ;
be determined on the basis of the value of the average
quantities of oil and oil cake resulting from the proces­
sing of 100 kilograms of seed within the Community less
an amount corresponding to the cost of processing these
seeds into oil and oil cake ; whereas the quantities and
costs to be taken into consideration for the purposes of
 the calculation are fixed in Article 5 of Regulation No          Whereas Article 37 of Regulation (EEC) No 2681 /83
225/67/EEC ; whereas the value of those quantities should         provides that the corrective amount must be equal to the
be determined in accordance with Article 6 of that                difference between the world market price for colza, rape
Regulation ;                                                      and sunflower seeds and the forward price for those seeds
                                                                  valid for a shipment effected during the month in which
                                                                  (') OJ No   L 163, 22. 6.   1983,  p. 44.
                                                                  (2) OJ No   L 197, 26. 7.   1988 , p. 9.
Whereas Article 3 of Regulation No 11 5/67/EEC provides           (3) OJ No   L 266, 28 . 9 . 1983,  p. 1.
 that, where no offer or quotation can be used as a basis          4  OJ No   L 332, 3. 12.   1988,  p. 19 .
 ---pagebreak--- No L 335/20                                Official Journal of the European Communities                                   7. 12. 88
the seeds were placed under control at an oil mill, those                 — the conversion rate resulting from the central rate,
prices being determined in accordance with Articles 1 , 4
and 5 of Regulation No 115/67/EEC ; whereas, if no offer             (b) for the other Member States, the difference between :
and no price can be used for such determination, the                      — the relationship between the conversion rate used
method of calculation provided for in Article 37 of Regu­                      under the common agricultural policy for the
lation (EEC) No 2681 /83 should be used ; whereas the                          currency of the Member State concerned and the
abovementioned difference may be adjusted in accordance                        central rate of each of the currencies of the
with Article 38 of Regulation (EEC) No 2681 /83, account                       Member States referred to in (a), and
being taken of the prices of the main competing cereals ;                 — the spot market rate for the currency of the
                                                                               Member State in question in relation to each of
                                                                               the currencies of the Member States referred to in
Whereas the aid for colza, rape or sunflower seed                              (a), as recorded over a period to be determined ;
harvested or processed in Spain or Portugal is to be
advised as provided for in Council Regulation (EEC) No               Whereas Regulation (EEC) No 1813/84 specifies the spot
478/86 (') ; whereas pursuant to Article 95 (2) and 293 (2)           and forward exchange rates and the period to be used for
of the Act of Accession of Spain and Portugal this aid is             calculating the differential amounts ; whereas in cases
 to be introduced at the beginning of the 1986/87 marke­              where, for one or more months, quotations of forward
ting year for seed harvested in these two Member States ;             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, in Article 14 of Council Regulation (EEC) No
 475/76 of 25 February 1986 laying down general rules for             Whereas the subsidy should be fixed whenever the
 the mechanism for controlling the prices and the quanti­             market situation makes it necessary and in such a way as
 ties of certain products in the oils and fats sector released        to ensure its being applied at least once a week ; whereas
 for consumption in Spain (2), as amended by Regulation               the subsidy may be altered whenever it becomes obvious
 (EEC) No 1930/88 (3), provision is made for the granting             that such alteration is necessary ;
 of compensatory aid, subject to certain conditions ;
 whereas compensatory aid should be fixed for sunflower               Whereas it follows from applying these provisions to the
 seeds harvested in Spain ;                                           offers and quotations known to the Commission that,
                                                                      pursuant to Article 33 of Regulation (EEC) No 2681 /83
                                                                      the amount of the subsidy in ECU and the amount of the
 Whereas Council Regulation (EEC) No 1920/87 (4),                     subsidy in each of the national currencies must be fixed
  provides for the granting of a special subsidy for                  in accordance with the Annex to this Regulation ;
  sunflower seed harvested and processed in Portugal ;                whereas, pursuant to the same Article, the spot and
 whereas the amount of this subsidy should be fixed ;                 forward exchange rates for the ECU in national currencies
                                                                      determined in accordance with Article 4 of Regulation
                                                                      (EEC) No 1813/84 must also be published,
 Whereas Article 33 of Regulation (EEC) No 2681 /83
  provides for the publication of the amount of the final
  subsidy obtained from the conversion into each of the
  national currencies of the amount in ECU resulting from              HAS ADOPTED THIS REGULATION :
  the calculation referred to above plus or minus the diffe­
  rential amount ; whereas Article 1 of Commission Regula­
  tion (EEC) No 1813/84 0, as last amended by Regulation                                          Article 1
  (EEC) No 2138/87 (6), defined the elements which deter­
  mine the differential amounts ; whereas these elements
  are equal to the incidence on the target price less 7,5 %            1 . The amounts of the subsidy and the exchange rates
  or the subsidy of the coefficient derived from the percen­           referred to in Article 33 (2) and (3) of Regulation (EEC)
                                                                       No 2681 /83 shall be as set out in th,e Annex hereto.
  tage referred to in Article 2 (1 ) of Regulation (EEC) No
   1569/72 ; whereas, according to these provisions, this
  percentage represents :                                              2. The amount of the compensatory aid referred to in
                                                                       Article 14 of Regulation (EEC) No 475/86 shall be as
                                                                       shown in Annex III to this Regulation for sunflower seed
  (a) for those Member States whose currencies are main­               harvested in Spain.
       tained as between themselves within a spread at any
       given moment of 2,25 %, the difference between :                3.    The amount of the special subsidy provided
        — the conversion rate used under the common                    for by Regulation (EEC) 1920/87 for sunflower seed
           agricultural policy, and                                    harvested and processed in Portugal is fixed in Annex III.
  (>)  OJ No  L  53, 1 . 3. 1986, p. 55.                                                           Article 2
  (2)  OJ No  L  53, 1 . 3. 1986, p. 47.
  (3)  OJ  No L  170, 2. 7. 1988, p. 3.
  (<)  OJ  No L  183, 3. 7. 1987, p. 18 .                              This Regulation shall enter into force on 7 December
  0    OJ  No L  170, 29. 6. 1984, p. 41 .                              1988 .
   (*) OJ No L 200, 21 . 7. 1987, p. 9 .
 ---pagebreak---       7. 12. 88                              Official Journal of the European Communities                                   No L 335/21
                          This Regulation shall be binding in its entirety and directly applicable in all Member
                          States .
                          Done at Brussels, 6 J)ecember 1988 .
                                                                                     For the Commission
                                                                                      Frans ANDRIESSEN
                                                                                          Vice-President
                                                               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
                                                    12               1              2                3             4                 5
1 . Gross aids (ECU) :
                                                     0,580            0,580          0,580            0,580         0,580             0,580
    — Spain
    — Portugal                                        0,000            0,000         0,000            0,000         0,000             0,000
    — Other Member States                           19,602           19,845         19,289           19,432        19,675            20,219
2. Final aids :                                                              l
    (a) Seed harvested and processed in :                                    I                              l
         — Federal Republic of Germany
                                                    46,67            47,25          45,95            46,34         46,92             48,46
            (DM) .
         —  Netherlands (Fl)                        52,07            52,71          51,25            51,63         52,27             53,96
         —  BLEU (Bfrs/Lfrs)                       937,89         958,25           931,41           938,31        950,04            976,31
         —  France (FF)                            139,23          145,29          140,84           141,89        143,72            147,91
         —  Denmark (Dkr)                          168,21          173,74          168,75           170,00        172,14            176,97
         —  Ireland (£ Irl)                          15,470          16,159         15,664           15,780        15,984            16,450
         —  United Kingdom (£)                       11,565          12,466         12,050           12,116        12,278            12,568
                                                28 813        30 690           29 587           29 676        30 068            30 629
         —   Italy (Lit)
         —  Greece (Dr)                          2 059,21      2 069,23          1 912,33         1 892,89      1 926,56          I 927,49
     (b) Seed     harvested   in   Spain and
         processed :
                                                     89,44           89,44          89,44            89,44         89,44              89,44
         — in Spain (Pta)
         — in another Member State (Pta)         2 963,49       3 001,10         2 910,88         2 919,84      2 957,40          3 000,79
     (c) Seed harvested in Portugal and
         processed :
                                                       0,00             0,00          0,00             0,00          0,00              0,00
         —: in Portugal (Esc)
         — in another Member State (Esc)         4 246,87       4 291,51         4 165,64         4 168,32      4 213,67          4 255,39
 ---pagebreak--- No L 335/22                                Official Journal of the European Communities                                   7. 12. 88
                                                              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
                                                   12              1            2            3           4             '    5
1 . Gross aids (ECU) :
    — Spain                                         3,080            3,080       3,080        3,080       3,080              3,080
    — Portugal                                      2,500            2,500       2,500        2,500       2,500              2,500
    — Other Member States                          22,102         22,345        21,789       21,932      22,175             22,719
2. Final aids :
    (a) Seed harvested and processed in :
         — Federal Republic of Germany
            (DM)                                   52,57          53,15         51.85        52,24       52,82              54,36
         —  Netherlands (Fl)                       58,68          59,33         57.86        58,24       58,89              60,57
         —  BLEU (Bfrs/Lfrs)                    1 058,05      1 078,97      1 052,12     1 059,03    1 070,76           1 097,03
         —  France (FF)                           157,92         164,25        159,81       160,85      162,68             166,87
         —  Denmark (Dkr)                         190,10         195,84        190,85       192,10      194,25             199,08
         —  Ireland (£ Irl)                        17,548         18,269        17,774       17,890      18,093             18,560
         —  United Kingdom (£)                     13,206         14,153        13,737       13,804      13,965             14,256
         —  Italy (Lit)                       32 806         34 777        33 674       33 763      34 155           34 716
         —  Greece (Dr)                         2 431,20      2 441,23      2 284,32     2 264,89    2 298,56          2 299,49
    (b) Seed     harvested  in Spain   and
         processed :
         — in Spain (Pta)                         474,98        474,98         474,98       474,98      474,98             474,98
         — in another Member State (Pta)        3 349,02      3 386,63      3 296,41      3 305,37    3 342,93          3 386,32
     (c) Seed harvested in Portugal and
         processed :
         — in Portugal (Esc)                      470,02         470,02        470,02       470,02      470,02             470,02
         — in another Member State (Esc)        4 716,89      4 761,53       4 635,65     4 638,34    4 683,69           4 725,41
 ---pagebreak--- 7, 12. 88                                          Official Journal of the European Communities                                                 No L 335/23
                                                                           ANNEX III
                                                                    Aids to sunflower seed
                                                                                                                                            (amounts per 100 kg)
                                                            Current            1st period            2nd period          3rd period              4th period
                                                              12                     1                     2                    3                      4
1 . Gross aids (ECU) :
     — Spain                                                   5,170                   5,170                5,170 ;              5,170                  5,170
     — Portugal                                                0,000                  0,000                 0,000                0,000                  0,000
     — Other Member States                                    24,736                25,097                24,145               24,523                  24,901
2. Final aids :
     (a) Seed harvested and processed in (') :
         — Federal Republic of Germany
             (DM)                                             58,79                 59,64                 57,42                58,36                   59,25
         —   Netherlands (Fl)                                 65,65                 66,61                 64,10                65,10                   66,10
         —   BLEU (Bfrs/Lfrs)                              1 184,70             1 211,86              1 165,89             1 184,14                1 202,39
         —   France (FF)                                     177,68                185.19                177,62               180,50                  183,37
         —   Denmark (Dkr)                                   213,19                220.20                211,67              215,01                   218,35
         —   Ireland (£ Irl)                                  19,746                20,598                19,756               20,076                  20,396
         —   United Kingdom (£)                               14,947                16,023                15,319                15,552                 15,809
         —   Italy (Lit)                                 37 037                39 300                37 508              37 998                  38 619
         —   Greece (Dr)                                   2 831,72             2 862,37              2 625,74             2 649,70                2 707,33
     (b) Seed     harvested     in Spain      and
         processed :
         — in Spain (Pta)                                    797,28                797,28                797,28               797,28                  797,28
         — in another Member State (Pta)                   3 785,51             3 841,15              3 691,00             3 735,78                3 794,02
     (c) Seed harvested in Portugal and
          processed :
         — in Portugal (Esc)                                    0,00                   0,00                  0,00                 0,00                   0,00
         — in Spain (Esc)                                  6 941,31             7 010,45               6 802,44            6 852,40                6 925,78
          — in another Member State (Esc)                  6 740,40              6 807,54              6 605,55            6 654,06                6 725,31
 3. Compensatory aids :
      — in Spain (Pta)                                     3 729,86              3 786,60              3 637,56            3 682,34       .        3 740,58
 4. Special aid :
      — in Portugal (Esc)                                  6 740,40              6 807,54              6 605,55            6 654,06                6 725,31
 (i) For seed harvested in the Community as constituted at 31 December 1985 and processed in Spain, the amounts shown in 2 (a) to be multiplied by 1,0298070.
                                                                            ANNEX IV
 Exchange rate of the ECU to be used for converting final aids into the currency of the processing country when the latter is a
                                                     country other than the country of production
                                                                                                                                                 (value of 1 ECU)
                                                Current             1st period           2nd period         3rd period        4th period            5th period
                                                   12                    1                    2                   3                  4                    5
 DM                                              2,073730              2,069380             2,065390            2,061220           2,061220            2,049690
 Fl                                              2,339400              2,335910             2,331370            2,327660           2,327660            2,316810
  Bfrs/Lfrs                                     43,450100             43,445200            43,428800          43,420800          43,420800            43,393600
  FF                                              7,087540             7,092330             7,096530            7,103040           7,103040            7,120730
  Dkr                                             7,996920             8,000560             8,005580            8,013400           8,013400            8,034270
 £Irl                                             0,776555             0,776809             0,777202            0,777943           0,777943            0,779878
 £                                                0,654149             0,655559             0,657167            0,658510           0,658510            0,662763
  Lit                                        1 539,79             1 546,34              1 552,91          1 558,91          1 558,91              1 575,34
  Dr                                           172,42600            174,70700             176,73700          178,63600         178,63600             183,89800
  Esc                                          172,77200             173,67500            174,47700          175,53900         175,53900             178,39000
  Pta                                          136,02700             136,46300            136,99800          137,57500         137,57500             139,31200