CELEX: 31988R2335
Language: en
Date: 1988-07-28 00:00:00
Title: Commission Regulation (EEC) No 2335/88 of 27 July 1988 fixing the amount of the subsidy on oil seeds

28 . 7. 88                                 Official Journal of the European Communities                           No L 203/ 15
                                     COMMISSION REGULATION (EEC) No 2335/88
                                                           of 27 July 1988
                                         fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          1988/89 marketing year were fixed by Regulations (EEC)
                                                                     No 2213/88 n and (EEC) No 2214/88 (8) ;
Having regard to the Treaty establishing the European
Economic Community,                                                  Whereas a supplement to the target price for 'double zero
                                                                     colza and rape seed was fixed in Regulation (EEC) No
                                                                     2213/88 :
Having regard to the Act of Accession of Spain and
Portugal,
                                                                     Whereas the abatement of the subsidy which arises, where
                                                                     appropriate, from the system of maximum guaranteed
                                                                     quantities for the 1988/89 marketing year, has not, to
Having regard to Council Regulation No 136/66/EEC of                 date, been fixed ; whereas the amount of the subsidy for
22 September 1966 on the establishment of a common                   the 1988/89 marketing year has been provisionally calcu­
organization of the market in oils and fats ('), as last              lated on the basis of an abatement of 4,502 ECU per 100
amended by Regulation (EEC) No 2210/88 (2), and in                    kilograms for colza and rape seed and on the basis of an
particular Article 27 (4) thereof,                                   abatement of 5,835 ECU per 100 kilograms for sunflower
                                                                     seed :
Having regard to Council Regulation (EEC) No
1678/85 (3) fixing the conversion rates to be applied in             Whereas the standard quality for sunflower seed has been
agriculture, as last amended by Regulation (EEC) No                   changed by the Council for the 1987/88 marketing year ;
2185/88 (4),                                                         whereas the coefficients of equivalence applied to the
                                                                      prices of sunflower seed from third countries have been
                                                                      fixed by Commission Regulation (EEC) No 2869/87 (9) ;
Having regard to Council Regulation (EEC) No 1569/72
of 20 July 1972 laying down special measures for colza,
rape and sunflower seed (*), as last amended by Regulation
(EEC) No 2216/88 (6), and in particular Article 2 (3)                 Whereas Article 29 of Regulation No 136/66/EEC
thereof,                                                              provides that the world market price, calculated for a
                                                                      Community frontier crossing point, is to be determined
                                                                      on the basis of the most favourable purchasing opportuni­
                                                                      ties, quotations being adjusted where necessary to take
Having regard to the opinion of the Monetary Committee,               account of quotations for competing products ;
Whereas Article 27 of Regulation No 136/66/EEC                        Whereas Article 4 of Council Regulation No 115/67/EEC
provides that a subsidy should be granted in respect of oil           of 6 June 1967 laying down criteria for determining
seeds harvested and processed within the Community                    world market prices for oil seeds and fixing the frontier
when the target price for a species of seed is higher than            crossing point (10), as last amended by Regulation (EEC)
the price on the world market ; whereas these provisions              No 1983/82 ("), fixed the said crossing point at
at present apply only in respect of colza, rape and                   Rotterdam ; whereas Article 1 of that Regulation provides
 sunflower seeds ;                                                    that when the world market price is being determined
                                                                      account should be taken of all offers on the world market
                                                                      known to the Commission and of quotations on those
Whereas the subsidy on oil seeds should, theoretically, be            exchanges which are significant for international trade ;
                                                                      whereas Article 2 of Commission Regulation No 225/
 equal to the difference between those two prices ;
                                                                      67/EEC of 28 June 1967 on detailed rules for determi­
                                                                      ning the world market price f6r oil seeds (12), as last
                                                                      amended by Regulation (EEC) No 2869/87, provides that
Whereas the target price and the monthly increases in the             offers and quotations which do not relate to shipments to
 target price for colza, rape and sunflower seed for the              be effected within 30 days following the date on which
(■) OJ  No  172, 30. 9. 1966, p.  3025/66.                            0 OJ No L 197, 26. 7. 1988 .
(2) OJ  No  L 197, 26.  7. 1988 .                                      8 OJ No L 197, 26. 7. 1988 .
(3) OJ  No  L 164, 24.  6. 1985,  p. 11 .                             0 OJ No L 273, 26. 9. 1987, p. 16.
(4) OJ  No  L 195, 23 . 7. 1988 , p. 1 .                              (10) OJ No 111 , 10. 6. 1967, p. 2196/67.
0   OJ  No  L 167, 25.  7. 1972,  p. 9 .                              (■') OJ No L 215, 23. 7. 1982, p. 6.
0   OJ  No  L 197, 26 . 7, 1988 .                                     (12) OJ No 136, 30., 6. 1967, p. 2919/67.
 ---pagebreak---  No L 203/ 16                          Official Journal of the European Communities                                  28 . 7. 88
the world market price is determined should be disre­            be determined in accordance with Article 6 of that
garded ; whereas offers and quotations which the                 Regulation ;
 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 offers and quotations relating to quantities of less     Whereas Article 3 of Regulation No 115/67/EEC provides
than 500 tonnes and offers relating to seed of a quality         that, where no offer or quotation can be used as a basis
other than that normally acceptable on the world market          for determining the world market price and where it is,
 must also be disregarded ;                                      moreover, impossible to establish the value of the oil or
                                                                 oil cake processed from such seed, the world market price
                                                                 should be determined on the basis of the most recent
                                                                 known value for oil or oil cake, adjusted to take account
Whereas Article 3 of Regulation No 225/67/EEC provides           of the trend of world prices for competing products by
that of the offers and quotations taken into consideration,      applying to that value the rules set out in Article 2 of­
those for delivery c and f should be increased by 0,2 % ;        Regulation No 115/67/EEC ; whereas Article 7 of Regula­
whereas offers and quotations for delivery fas, fob or           tion No 225/67/EEC defines competing products as those
otherwise should be increased, as appropriate, by loading,       oils or oil cakes, as the case may be, which appear to have
transport and insurance costs from the point of shipment         been offered in the largest quantities on the world market
or loading to the frontier crossing point ; whereas cif          during the period under consideration ;
offers and quotations for frontier crossing points other
than Rotterdam should be adjusted to allow for the diffe­
rence in transport and insurance costs as compared with a
product delivered cif Rotterdam ; whereas the Commis­            Whereas, under Article 6 of Regulation No 115/67/EEC,
sion should take account only of the loading, transport          the price determined for colza, rape and sunflower seeds
and insurance costs which to its knowledge are the               must also be adjusted by an amount not exceeding the
lowest ; whereas, finally, offers and quotations for delivery    margin, as calculated in accordance with that Article,
cif Rotterdam should be increased by 0,242 ECU ;                 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             Whereas Council Regulation (EEC) No 1594/83 of 14
seed of the standard quality for which the target price has      June 1983 on the subsidy for oil seeds ('), as last amended
been fixed, delivered in bulk :                                  by Regulation (EEC) No 2215/88 (2), laid down rules for
                                                                 granting the subsidy on oil seeds ; whereas, under that
                                                                 Regulation, where the subsidy to be granted is fixed in
                                                                 advance, the amount of such subsidy must be equal to the
Whereas Article 3 of Regulation No 225/67/EEC provides           amount applicable on the day on which the application
that offers and quotations relating to products presented        for advance fixing was lodged, adjusted by the difference
otherwise than in bulk should be adjusted by deducting           between the target price valid on that day and the target
the additional value resulting from that presentation ;          price valid on the day on which the seeds are placed
whereas offers and quotations relating to a quality other        under control * at an oil or feed mill and, where appro­
than the standard quality for which the target price was         priate, a corrective amount ; whereas Article 35 of
fixed should be adjusted on the basis of the coefficients of     Commission Regulation (EEC) No 2681 /83 of 21
equivalence shown in the Annex to that Regulation ;              September 1983 laying down detailed rules for the appli­
whereas, in the case of offers on the world market for           cation of the subsidy system for oil seeds (3), as last
qualities of colza and rape seed other than those listed in      amended by Regulation (EEC) No 1354/88 (4), provides
that Annex, coefficients of equivalence, derived from those      that such adjustment should involve increasing or redu­
listed in that Annex may, pursuant to Article 4 of Regula­       cing the amount of subsidy applicable on the day on
tion No 225/67/EEC, be applied ; whereas, when derived           which the application was lodged by the corrective
coefficients are being calculated, account must be taken of      amount and the difference between the target prices
the differences between prices for the qualities of seed in      mentioned in Article 35 of Regulation (EEC) No
question and prices for the qualities listed in that Annex,      2681 /83 ;                                       }
and of the characteristics of these various seeds :
                                                                 Whereas Afticle 37 of Regulation (EEC) No 2681 /83
Whereas Article 2 of Regulation No 1 1 5/67/EEC provides         provides that the corrective amount must be equal to the
that, where no offer or quotation can be used as a basis         difference between the world market price for colza, rape
for determining the world market price, that price should        and sunflower seeds and the forward price for those seeds
be determined on the basis of the value of the average           valid for a shipment effected during the month in which
quantities of oil and oil cake resulting from the proces­        the seeds were placed under control at an oil mill, those
sing of 100 kilograms of seed within the Community less          prices being determined in accordance with Articles 1 , 4
an amount corresponding to the cost of processing these
seeds into oil and oil cake ; whereas the quantities and
                                                                 (') OJ No   L 163,  22. 6. 1983, p. 44.
costs to be taken into consideration for the purposes of         (2) OJ No   L 197,  26. 7. 1988 .
the calculation are fixed in Article 5 of Regulation No          (3) OJ No   L 266,  28. 9. 1983, p. 1 .
225/67/EEC ; whereas the value of those quantities should        (4) OJ No   L 125,  19. 5. 1988, p. 19.
 ---pagebreak--- 28 . 7. 88                              Official Journal of the European Communities                              No L 203/ 17
and 5 of Regulation No 115/67/EEC ; whereas, if no offer          (ay for those Member States whose currencies are main­
and no price can be used for such determination, the                   tained as between themselves within a spread at any
method of calculation provided for in Article 37 of Regu­              given moment of 2,25 %, the difference between :
lation (EEC) No 2681 /83 should be used ; whereas the                      the conversion rate used under the common
abovementioned difference may be adjusted in accordance
with Article 38 of Regulation (EEC) No 2681 /83, account                   agricultural policy, and
being taken of the prices of the main competing cereals ;              — the conversion rate resulting from the central rate,
                                                                  (b) for the other Member States, the difference between :
                                                                       — the relationship between the conversion rate used
                                                                           under the common agricultural policy for the
Whereas the aid for colza, rape or sunflower seed                          currency of the Member State concerned and the
harvested or processed in Spain or Portugal is to be                       central rate of each of the currencies of the
advised as provided for in Council Regulation (EEC) No                     Member States referred to in (a), and
478/86 ('); whereas pursuant to Article 95(2) and 293 (2)
of the Act of Accession of Spain and Portugal this aid is              — the spot market rate for the currency of the
to be introduced at the beginning of the 1986/87 marke­                    Member State in question in relation to each of
ting year for seed harvested in these two Member States ;                  the currencies of the Member States referred to in
                                                                           (a), as recorded over a period to be determined ;
                                                                   Whereas Regulation (EEC) No 1813/84 specifies the spot
                                                                   and forward exchange rates and the period to be used for
Whereas, in Article 14 of Council Regulation (EEC) No              calculating the differential amounts ; whereas in cases
 475/86 (2) of 25 February 1986 laying down general rules          where, for one or more months, quotations of forward
 for the mechanism for controlling the prices and the              exchange rates are not available, the rates adopted for the
 quantities of certain products in the oils and fats seqtor        previous months or the following months, as the case may
 released for consumption in Spain provision is made for           be, must be used ;
 the granting of compensatory aid, subject to certain
 conditions ; whereas compensatory aid should be fixed for
 sunflower seeds harvested in Spain ;                              Whereas the subsidy should be fixed whenever the
                                                                   market situation makes it necessary and in such a way as
                                                                   to ensure its being applied at least once a week ; whereas
                                                                   the subsidy may be altered whenever it becomes obvious
                                                                   that such alteration is necessary ;
 Whereas Council Regulation (EEC) No 1920/87 (3),
 provides for the granting of a special subsidy for                Whereas it follows from applying these provisions to the
 sunflower seed harvested and processed in Portugal ;              offers and quotations known to the Commission that,
 whereas the amount of this subsidy should be fixed ;              pursuant to Article 33 of Regulation (EEC) No 2681 /83
                                                                   the amount of the subsidy in ECU and the amount of the
                                                                   subsidy in each of the national currencies must be fixed
                                                                   in accordance with the Annex to this Regulation ;
                                                                   whereas, pursuant to the same Article, the spot and
                                                                   forward exchange rates for the ECU in national currencies
 Whereas Article 33 of Regulation (EEC) No 2681 /83                determined in accordance with Article 4 of Regulation
 provides for the publication of the amount of the final           (EEC) No 1813/84 must also be published,
 subsidy obtained from the conversion into each of the
  national currencies of the amount in ECU resulting from
  the calculation referred to above plus or minus the diffe­
  rential amount ; whereas Article 1 of Commission Regula­
  tion (EEC) No 1813/84 (4), as last amended by Regulation
 (EEC) No 2138/87 (*), defined the elements which deter­
  mine the differential amounts ; whereas these elements           HAS ADOPTED THIS REGULATION :
  are equal to the incidence on the target price less 7,5 %
  or the subsidy of the coefficient derived from the percen­
  tage referred to in Article 2 (1 ) of Regulation (EEC) No
   1569/72 ; whereas, according to these provisions, this
  percentage represents :                                                                     Article 1
  (') OJ No  L 53, 1 . 3. 1986, p. 55.
  0   OJ  No L  53, 1 . 3. 1986, p. 47.                             1 . The amounts of the subsidy and the exchange rates
  (3) OJ  No L  183, 3. 7. 1987, p. 18.                             referred to in Article 33 (2) and (3) of Regulation (EEC)
  (4) OJ  No L  170, 29. 6. 1984, p. 41
  Is) OJ No L 200, 21 . 7. 1987, p. 9.                              No 2681 /83 shall be as set out in the Annex hereto.
 ---pagebreak--- No L 203/ 18                        Official Journal of the European Communities                               28 . 7. 88
2.    The amount of the compensatory aid referred to in       from 23 July 1988 to take account, where applicable, of
Article 14 of Regulation (EEC) No 475/86 shall be as          the consequences of the application of the maximum
shown in Annex III to this Regulation for sunflower seed      guaranteed quantitees system.
harvested in Spain.
3.    The amount of the special subsidy provided
for by Regulation (EEC) 1920/87 for sunflower seed
harvested and processed in Portugal is fixed in Annex III.                            Article 2
4. However, the amount of aid for colza, rape and
sunflower seed shall be confirmed or replaced with effect     This Regulation shall enter into force on 28 July 1988.
               This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 27 July 1988 .
                                                                      For the Commission
                                                                       Frans ANDRIESSEN
                                                                          Vice-President
 ---pagebreak---   28 . 7. 88                                       Official Journal of the European Communities                                     No L 203/ 19
                                                                       ANNEX I
                                                Aids to colza and rape seed other than 'double zero'
                                                                                                                         (amounts per 100 kilograms)
\                                                       Current       1st period         2nd period   3rd period    4th period        5th period
\                                                          7 (')           80                90          10 o           110               12 0
  1 . Gross aids (ECU):                                            \                   \            \
      — Spain                                                0,580          0,580             0,580        0,580           0,580            0,580
      — Portugal                                             0,000          0,000             0,000        0,000           0,000            0,000
      — Other Member States                                 10,656         10,656            10,656       10,476           9,351            9,669
  2. Final aids :                                                  \                   l                          \
      (a) Seed harvested and processed in :                                            I
          — Federal Republic of Germany            \                     V
                                                                                                    \
              (DM)                                          25,70          25,70             25,70        25,29           22,66          • 23,76
          — Netherlands (Fl)                                28,45          28,45             28,45        27,98           25,01            26,20
          — BLEU (Bfrs/Lfrs)                              506,26         506,26             506,26       497,57         443,17            458,46
          -— France (FF)                                    69,58          69,58             69,58        68,17           59,21            61,59
          — Denmark (Dkr)                                   &8,60          88,60             88,60        86,99           76,89            79,15
          — Ireland (£ Irl)                                  7,718           7,718            7,718         7,561          6,565            6,829
          — United Kingdom (£)                               4,865           4,865            4,865        4,705           3,850            3,941
          — Italy (Lit)                               13 582          13 582             13 487       13 027        1 1 033           11 072
          — Greece (Dr)                                   564,07         555,12             527,47       459,78         233,65            166,36
      (b) Seed harvested        in    Spain   and  li                                \
                                                                                       Il||II
          processed :                              IIII                                             IIII
          — in Spain (Pta)                                  89,44          89,44             89,44        89,44           89,44            8,9,44
          ;— in another Member State (Pta)              1 692,87       1 692,87           1 688,92     1 649,98       1 475,51         1 490,72
      (c) Seed harvested in Portugal and           IIIIIl                                                         II\
          processed : ,                                            IIIIIlII
          — in Portugal (Esc)                                 0,00           0,00             0,00          0,00           0,00              0,00
          — in another Member State (Esc)              2 126,14        2 125,99           2 101,95     2 047,03       1 825,42         1 812,47
  (*) Subject to the reduction resulting from the maximum guaranteed quantities/ system.
 ---pagebreak---     No L 203/20                                    Official Journal of the European Communities                                             28 . 7. 88
                                                                        ANNEX II
                                                       Aids to colza and rape seed 'double zero'
                                                                                                                           (amounts per 100 kilograms)
I                                                       Current        1st period       2nd period       3rd period    4th period       5th period
\                                                         ?(')             8(i)             90               10 (')        11 0             12 (')
   1 . Gross aids (ECU) :                          Il                                                 |
        —- 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                              13,156           13,156           13,156           12,976        11,851           12,169
   2. Final aids :                                 lil                                ll||||I
        (a) Seed harvested and processed in :      l.IllII||                                                         ,               I
            — Federal Republic of Germany
                (DM)                                      31,60             31,60           31,60             31,19         28,56            29,66
            —   Netherlands (Fl)                          35,07             35,07           35,07             34,60         31,63            32,82
            —   BLEU (Bfrs/Lfrs)                         626,42           626,42           626,42           617,73        563,34           578,62
            —   France (FF)                               88,27             88,27           88,27             86,85         77,90            80,28
            —   Denmark (Dkr)                            110,48           1 10,48          110,48           108,88          98,77          101,04
            —   Ireland (£ Irl)                             9,797            9,797             9,797           9,640         8,643            8,907
            —   United Kingdom (£)                          6,505            6,505             6,505           6,345         5,491            5,581
            —   Italy (Lit)                           17 574          17 574            17 480          17 020       15 025             15 064
            —   Greece (Dr)                              936,07           927,12           899,47           831,78        605,65           538,35
       (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)            2 078,41        2 078,41          2 074,45        2 035,51       1 861,04         1 876,25
       (c) Seed harvested in Portugal and
            processed :
            — in Portugal (Esc)                          429,31
                                                                    l
                                                                         429,31            429,31           429,31        429,31           429,31
            — in another Member State (Esc)            2 555,45        2 555,30          2 531,26        2 476,34      '2 254,74         2 241,78
  (') Subject to the reduction resulting from the maximum guaranteed quantities system.
 ---pagebreak---    28 . 7. 88                                        Official Journal of the European Communities                                                   No L 203/21
                                                                               ANNEX III
                                                                      Aids to sunflower seed
                                                                                                                                        (amounts per 100 kilograms)
\                                                             Current             1st period            2nd period          3rd period               4th period
\                                                                7                     80                   9 (')               10 (')                   11 0)
   1 . Gross aids (ECU) :
       — Spain                                                    3,440                 5,170                 5,170                5,170                    5,170
       — Portugal                                                 0,000                 0,000                 0,000                0,000                   0,000
       — Other Member States                                    21,149                 17,997                17,439               17,359                  17,578
   2. Final aids :                                    II                                           ||
       (a) Seed harvested and processed in (2) :      \                      \
           — Federal Republic of Germany
               (DM)                                             52,53                  43,10                 41,82                41,83                   42,35
           — Netherlands (Fl)                                   57,66                  48,73                 47,27                47,27                   47,86
           — BLEU (Bfrs/Lfrs)                                1 009,75                858,28                831,34 .             826,21                  836,69
           — France (FF)                                       146,55                123,05                118,16               116,58                  118,15
           — Denmark (Dkr)                                     179,78                 152,21               147,23               146,51                  148,40
           — Ireland (£ Irl)                                    16,276                 13,662                13,169               13,036                  13,211
           — United Kingdom (£)                                 11,439'                 9,384                  8,973               8,914                   9,046
           — Italy (Lit)                                   29 837                 24 820                23 595             23 116                   23 443
           — Greece (Dr)                                       920,83              1 503,12              1 384,84            1 288,46                 1 314,45
       (b) Seed harvested in Spain and
           processed :
           — in Spain (Pta)                                    530,49                797,28                797,28               797,28                  797,28
           — in another Member State (Pta)                   2 029,45              1 810,19              1 721,52            1 683,34                 1 716,95
       (c) Seed harvested in Portugal and
           processed : .
           — in Portugal (Esc)                                    0,00                  0,00                   0,00                0,00                     0,00
           — in Spain (Esc)                                  4 199,95              3 616,31              3 499,59            3 451,40                 3 486,77
           — in another Member State (Esc)                   4 078,38              3 511,64           •  3 398,30            3 351,50                 3 385,84
   3. Compensatory aids :
       — in Spain (Pta)                                      1 974,35              1 755,09              1 666,42            1 621,63                 1 655,24
   4. Special aid :
       — in Portugal (Esc)                                   4 078,38              3 511,64              3 398,30            3 351,50                 3 385,84
   (') Subject to the reduction resulting from the maximum guaranteed quantities system.
   (2) 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
 I                                                   7                     8                   9                ■   10                11                    12
   DM                                              2,081810              2,078090            2,074500             2,070980          2,070980              2,060230
   Fl                                              2,349740              2,345920            2,342100             2,338380          2,338380              2,327120
   Bfrs/Lfrs                                     43,560900             43,561100            43,560900           43,557400         43,557400             43,547100
   FF                                              7,018050              7,020950            7,023710             7,027250          7,027250              7,039840
   Dkr                                             7,914590              7,925660            7,934530             7,943520          7,943520              7,970790
   £Irl                                            0,774131              0,774285            0,774638             0,774891          0,774891              0,776330
   £                                               0,655694              0,657241            0,658631             0,660003          0,660003              0,664152
   Lit                                        1 540,18              1 545,48            1 551,28           1 556,59           1 556,59              1 572,48
   Dr                                           166,40900             167,61400            168,76700          170,16700          170,16700             174,67300
   Esc                                          169,32300             170,17500            171,07000          171,83200          174,83200             174,20200
   Pta                                          137,83700             138,27000            138,65800          139,02700          139,02700             140,09100