CELEX: 31985R1121
Language: en
Date: 1985-05-01 00:00:00
Title: Commission Regulation (EEC) No 1121/85 of 30 April 1985 fixing the amount of the subsidy on oil seeds

No L 118 /32                         Official Journal of the European Communities                               1 . 5 . 85
                                 COMMISSION REGULATION (EEC) No 1121/85
                                                      of 30 April 1985
                                    fixing the amount of the subsidy on oil seeds
 THE COMMISSION OF THE EUROPEAN
                                                                  adjusted where necessary to take account of quotations
 COMMUNITIES,                                                     for competing products ;
 Having regard to the Treaty establishing the European
 Economic Community,                                              Whereas, in the absence of the target price for the
                                                                  1985/86 marketing year for colza, rape and sunflower
                                                                  seed and in the absence of the amount of the monthly
 Having regard to Council Regulation No 136/66/EEC                increase for September and October 1985 for colza
 of 22 September 1966 on the establishment of a                  and rape seed, the amount of the subsidy in the case of
 common organization of the market in oils and fats ('),         advance fixing for July, August, September and
 as last amended by Regulation (EEC) No 683/85 (2),              October 1985 for colza and rape seed and August and
 and in particular Article 27 (4) thereof,                       September 1985 for sunflower seed has been
                                                                 obtainable only provisionally on the basis of the target
 Having regard to Council Regulation (EEC) No                    price and the monthly increase proposed by the
 1223/83 of 20 May 1983 on the exchange rates to be              Commission to the Council for the marketing year
 applied in agriculture (3), as last amended by Regula­           1985/86 ; whereas this amount may, therefore, be
 tion (EEC) No 855/84 (4),                                       applied on a temporary basis and should be confirmed
                                                                 or replaced when the indicative price of the 1985/86
 Having regard to Council Regulation (EEC) No                    marketing year is known ;
 1569/72 of 20 July 1972 laying down special measures
 for colza, rape and sunflower seed (*), as last amended
by Regulation (EEC) No 1474/84 (6), and in particular            Whereas Article 4 of Council Regulation No 115/
Article 2 (3) thereof,                                           67/EEC of 6 June 1967 laying down criteria for deter­
                                                                 mining world market prices for oil seeds and fixing
                                                                 the frontier crossing point (9), as last amended by
Having regard to the opinion of the Monetary                     Regulation (EEC) No 1983/82 (10), fixed the said cros­
Committee,                                                       sing point at Rotterdam ; whereas Article 1 of that
                                                                 Regulation provides that when the world market price
Whereas Article 27 of Regulation No 136/66/EEC                   is being determined account should be taken of all
provides that a subsidy should be granted in respect of          offers on the world market known to the Commission
oil seeds harvested and processed within the Commu­              and of quotations on those exchanges which are signi­
nity when the target price for a species of seed is              ficant for international trade ; whereas Article 2 of
higher than the price on the world market ; whereas              Commission Regulation No 225/67/EEC of 28 June
these provisions at present apply only in respect of             1967 on detailed rules for determining the world
colza, rape and sunflower seeds ;                                market price for oil seeds ("), as last amended by
                                                                 Regulation (EEC) No 2940/84 (12), provides that offers
Whereas the subsidy on oil seeds should, theoretically,          and quotations which do not relate to shipments to be
                                                                 effected within 30 days following the date on which
be equal to the difference between those two prices ;
                                                                 the world market price is determined should be disre­
                                                                garded ; whereas offers and quotations which the
Whereas the target price and the monthly increases in            Commission believes, in view of general price move­
the target price for oil seeds for the 1984/85 marketing         ments or information available to it, not to be repre­
year were fixed by Regulations (EEC) No 1 102/84 O               sentative of the real trend of the market must also be
and (EEC) No 1 103/84 (8) ; whereas Article 29 of Regu­          disregarded ; whereas offers and quotations relating to
lation No 136/66/EEC provides that the world market              quantities of less than 500 tonnes and offers relating to
price, calculated for a Community frontier crossing              seed of a quality other than that normally acceptable
point, is to be determined on the basis of the most              on the world market must also be disregarded ;
favourable purchasing opportunities, quotations being
(') OJ No 172, 30. 9. 1966, p. 3025/66.                         Whereas Article 3 of Regulation No 225/67/EEC
(j OJ No L 75, 16. 3. 1985, p. 7.                                provides that of the offers and quotations taken into
(3) OJ No L 132, 21 . 5.. 1983, p. 33.
(4) OJ No L 90, 1 . 4. 1984, p. 1 .
(j OJ No L 167, 25. 7. 1972, p. 9.                              O OJ No 111 , 10. 6. 1967, p. 2196/67.
(j OJ No L 143, 30. 5. 1984, p. 4.                               (10) OJ No L 215, 23. 7. 1982, p. 6.
0 OJ No L 113, 28 . 4. 1984, p. 8 .                              (") OJ No 136, 30. 6. 1967, p. 2919/67.
m OT No L 113 . 28 . 4. 1984. D . 10 .                           (12) OT No L 277, 20. 10. 1984, p. 7.
 ---pagebreak---  1 . 5. 85                          Official Journal of the European Communities                        No L 118 /33
consideration, those for delivery c and f should be            as a basis for determining the world market price and
increased by 0,2 % ; whereas offers and quotations for        where it is, moreover, impossible to establish the value
delivery fas, fob or otherwise should be increased, ' as       of the oil Or oil cake processed from such seed, the
appropriate, by loading, transport and insurance costs        world market price should be determined on the basis
from the point of shipment or loading to the frontier         of the most recent known value for oil or oil cake,
crossing point ; whereas cif offers and quotations for        adjusted to take account of the trend of world prices
frontier crossing points other than Rotterdam should          for competing products by applying to that value the
be adjusted to allow for the difference in transport and       rules set out in Article 2 of Regulation No 115/
insurance costs as compared with a product delivered           67/EEC ; whereas Article 7 of Regulation No 225/ 1
cif Rotterdam ; whereas the Commission should take             67/EEC defines competing products as those oils or
account only of the loading, transport and insurance          oil cakes, as the case may be, which appear to have
costs which to its knowledge are the lowest ; whereas,        been offered in the largest quantities on the world­
finally, offers and quotations for delivery cif Rotterdam     market during the period under consideration ;
should be increased by 0,242 ECU ;
                                                              Whereas, under Article 6 of Regulation No 115/
Whereas Article 5 of Regulation No 115/67/EEC
provides that the world market price should be deter­
                                                              67/EEC, the price determined for colza, rape and
                                                              sunflower seeds must also be adjusted by an amount
mined for seed of the standard quality for which the
                                                              not exceeding the margin, as calculated in accordance
target price has been fixed, delivered in bulk ;
                                                              with that Article, 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           Whereas the factors to be taken into consideration for
by deducting the additional value resulting from that         the purpose of determining that margin are defined in
presentation ; whereas offers and quotations relating to      Article 8 of Regulation No 225/67/EEC ; whereas no
a quality other than the standard quality for which the       adjustment should be made where the margin is found
target price was fixed should be adjusted on the basis        to be less than 0,604 ECU ;
of the coefficients of equivalence shown in the Annex
to that Regulation ; whereas, in the case of offers on
the world market for qualities of colza and rape seed
other than those listed in that Annex, coefficients of        Whereas Council Regulation (EEC) No 1594/83 of 14
equivalence derived from those listed in that Annex           June 1983 on the subsidy for oil seeds (') laid down
may, pursuant to Article 4 of Regulation No 225/              rules for granting the subsidy on oil seeds ; whereas,
67/EEC, be applied ; whereas, when derived coef­              under that Regulation, where the subsidy to be granted
ficients are being calculated, account must be taken of       is fixed in advance, the amount of such subsidy must
the differences between prices for the qualities of seed      be equal to the amount applicable on the day on
in question and prices for the qualities listed in that       which the application for advance fixing was lodged,
Annex, and of the characteristics of these various            adjusted by the difference between the target price
seeds ;                                                       valid on that day and the target price valid on the day
                                                              on which the seeds are placed under control at an oil
                                                              or feed mill and, where appropriate, a corrective
                                                              amount ; whereas Article 35 of Commission Regula­
Whereas Article 2 of Regulation No 115/67/EEC                 tion (EEC) No 2681 /83 of 21 September 1983 laying
provides that, where no offer or quotation can be used        down detailed rules for the application of the subsidy
as a basis for determining the world market price, that       system for oil seeds (2), as last amended by Regulation
price should be determined on the .basis of the value         (EEC) No 1062/85 (3), provides that such adjustment
of the average quantities of oil and oil cake resulting       should involve increasing or reducing the amount of
from the processing of 100 kilograms of seed within           subsidy applicable on the day on which the applica­
the Community less an amount corresponding to the             tion was lodged by the corrective amount and the
cost of processing these seeds into oil and oil cake ;        difference between the target prices mentioned in
whereas the quantities and costs to be taken into             Article 35 of Regulation (EEC) No 2681 /83 ;
consideration for the purposes of the calculation are
fixed in Article 5 of Regulation No 225/67/EEC ;
whereas the value of those quantities should be deter­
mined in accordance with Article 6 of that Regula­            Whereas Article 37 of Regulation (EEC) No 2681 /83
tion :
                                                              provides that the corrective amount must be equal to
                                                              (') OJ No L 163, 22. 6. 1983, p. 44.
Whereas Article 3 of Regulation No 115/67/EEC                 (2) OJ No L 266, 28, 9. 1983, p. 1 .
provides that, where no offer or quotation can be used        (3 OJ No L 113, 26. 4. 1985, p. 12.
 ---pagebreak--- No L 118 /34                        Official Journal of the European Communities                                1 . 5. 85
the difference between the world market price for             marketing years 1984/85 to 1986/87 will be calculated
colza, rape and sunflower seeds and the forward price         by a method which takes into account a coefficient
for those seeds valid for a shipment effected during          applied to the conversion rate resulting from the
the month in which the seeds were placed under                central rate ; whereas the said Article 2a fixed the coef­
control at an oil mill, those prices being determined in      ficient for the beginning of the 1984/85 marketing
accordance with Articles 1 , 4 and 5 of Regulation No         year ; whereas account should be taken thereof in
 115/67/EEC ; whereas, if no offer and no price can be        respect of colza and rape seed with effect from 1 July
used for such determination, the method of calculation        1984 and for sunflower seed with effect from 1 August
provided for in Article 37 of Regulation (EEC) No             1984 :
2681 /83 should be used ; whereas the abovementioned
difference may be adjusted in accordance with Article
38 of Regulation (EEC) No 2681 /83, account being
taken of the prices of the main competing cereals ;           Whereas pursuant to Article 2 (2) of Regulation (EEC)
                                                              No 1569/72 forward differential amounts are to be
                                                              determined where the forward exchange rate for one
                                                              or more currencies differs from the spot rate by at least
Whereas Article 33 of Regulation (EEC) No 2681 /83            a given percentage ; whereas this percentage has been
provides for the publication of the amount of the final       fixed at 0,5 by Regulation (EEC) No 1813/84 ;
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
                                                              Whereas where, for one or more months, forward
the differential amount ; whereas Article 1 of Regula­
tion (EEC) No 1813/84 (') defined the elements which          exchange rates are not available, the rate adopted for
determine the differential amounts ; whereas these            the previous month or the following month, as the
                                                              case may be, is to be used ;
elements are equal to the incidence on the target price
or the subsidy of the coefficient derived from the
percentage referred to in Article 2 ( 1 ) of Regulation
(EEC) No 1 569/72 ; whereas, according to these provi­        Whereas, for the period 17 to 23 April 1985 for certain
sions, this percentage represents :                           currencies :
(a) for those Member States whose currencies are              — for the current month, the difference referred to in
     maintained as between themselves within a spread             Article 2 (1 ) of Regulation (EEC) No 1569/72
     at any given moment of 2,25 % , the difference               differs by more than one point from the percen­
    between :                                                     tage adopted for the previous fixing,
    — the conversion rate used under the common               — for certain following months the difference
         agricultural policy, and                                 referred to in Article 2 (2) of Regulation (EEC) No
                                                                  1569/72 exceeds 0,5 % ; whereas this difference in
    — the conversion rate resulting from the central              the case of certain forward differential amounts
         rate,                                                    differs by more than one point from the percen­
                                                                  tage adopted for the previous fixing ;
(b) for Italy, the United Kingdom and Greece, the
     difference between :
                                                              Whereas the subsidy should be fixed whenever the
    — the relationship between the conversion rate            market situation makes it necessary and in such a way
         used under the common agricultural policy for        as to ensure its being applied at least once a week ;
         the currency of the Member State concerned           whereas the subsidy may be altered whenever it
         and the central rate of each of the currencies of    becomes obvious that such alteration is necessary ;
         the Member States referred to in (a), and
    — the spot market rate for the currency of the
         Member State in question in relation to each of      Whereas it follows from applying these provisions to
         the currencies of the Member States referred to      the offers and quotations known to the Commission
         in (a), as recorded over a period to be deter­       that, pursuant to Article 33 of Regulation (EEC) No
         mined ;                                              2681 /83 the amount of the subsidy in ECU and the
                                                              amount of the subsidy in each of the national curren­
                                                              cies must be fixed in accordance with the Annex to
                                                              this Regulation ; whereas, pursuant to the same Article,
Whereas, however, pursuant to Article 2a of Regula­           the spot and forward exchange rates for the ECU in
tion (EEC) No 1569/72, the monetary disparity for the         national currencies determined in accordance with
                                                              Article 4 of Regulation (EEC) No 1813/84 must also
(') OJ No L 170, 29. 6 . 1984, p. 41 .                        be published,
 ---pagebreak--- 1 . 5. 85                           Official Journal of the European Communities                        No L 118/35
HAS ADOPTED THIS REGULATION :                                 for sunflower seed will, however, be confirmed or
                                                              replaced as from 1 May 1985 to take into account the
                        Article 1                             indicative price which is fixed for these products for
                                                              the 1985/86 marketing year, and the amount of the
1 . The amounts of the subsidy and the exchange               monthly increase for September and October 1985 for
rates referred to in Article 33 (2) and (3) of Regulation     colza and rape seed.
(EEC) No 2681 /83 shall be as set out in the Annex
hereto .
                                                                                     Article 2
2. The amount of the subsidy in the case of advance
fixing for July, August, September and October 1985           This Regulation shall enter into force on 1 May 1985.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 30 April 1985.
                                                                       For the Commission
                                                                        Frans ANDRIESSEN
                                                                           Vice-President
 ---pagebreak---  No L 118/36                                    Official Journal of the European Communities                                                                 1 . 5 . 85
                                                                        ANNEX I
                                                            Aids to colza and rape seed
                                                                                                                                        (amounts per 100 kilograms)
\                                                    Current
                                                      month
                                                                       1st month           2nd month           3rd month            4th month          5th month
  1 . Gross aids (ECU)                                   9,459               9,459             3,090 (')          * 5,090 (')            5,610 (')          6,390 (')
 2. Final aids                                                                                            \\
      Seeds harvested and processed in :                           l
      — Federal Republic of Germany (DM)                25,41              25,41              10,29 (')           15,18 (')            16,42 (')           19,03 (')
      — Netherlands (Fl)                                28,63              28,63              11,56 (■)"          17,05 (')            18,45 (')           21,30 (')
      — BLEU (Bfrs/Lfrs)                              439,01              439,01             143,41 (')         234,65 (')           258,79 (')          283,21 (')
      — France (FF)                                     55,02              55,02              10,51 (')           23,62 (')            27,19 (')           32,63 (')
      — Denmark (Dkr)                                   79,60              79,60              26,00 (•)           42,83 (')            47,21 (•)           52,94 (■)
      — Ireland (£ Irl)                                  7,095               7,095             2,311 (')           3,739 (')             4,129 (')          4,183 (')
      — United Kingdom (£)                               6,134               6,134             2,197 (')           3,421 (>)             3,743 (')          3,952 (')
      — Italy (Lit)                                11 277             11 273              1 803      (')      4 496       (')      5 241       (')    5 451         (')
      — Greece (Dr)                                   425,71             425,71                0,00 (')           45,39 (>)            92,46 (!)         165,74 (')
(') On the basis of the Commission's proposal concerning the indicative price and subject to confirmation by the Council's decision.
                                                                       ANNEX II
                                                                Aids to sunflower seed
                                                                                                                                       (amounts per 100 kilograms)
I                                                      Current
                                                        month
                                                                             1st month             2nd month                  3rd month              4th month
 1 . Gross aids (ECU)                                     16,590                 16,590                  16,590                  14,898 (')             14,898 (')
2. Final aids
      Seeds harvested and processed in :
      — Federal Republic of Germany (DM)                 42,65                   42,65 ,                 42,69                   38,72 (')              38,72 (')
      — Netherlands (Fl)                                 48,05                   48,05                   48,05                   43,57 (')              43,57 (')
      — BLEU (Bfrs/Lfrs)                                769,97                  769,97                 769,97                  689,78 (')             689,78 (')
      — France (FF)                                     103,20                  103,20                 102,52                    90,43 (')              90,43 (')
      — Denmark (Dkr)                                   139,60                  139,60                 139,60                   125,37 (')             125,37 (')
      — Ireland (£ Irl)                                  12,444                  12,444                  12,437                  11,092 (')             11,092 (')
      — United Kingdom (£)                               10,568                  10,568                  10,568                   9,502 (')               9,502 (')
      — Italy (Lit)                                 21 307                  21 302                 20 960                 18 405          (')      18 405        (')
      — Greece (Dr)                                   1 036,80                1 036,80              1 036,80                   913,05 (')             913,05 (')
(') On the basis of the Commission s proposal concerning the indicative price and subject to confirmation by the Council's decision.
                                                                       ANNEX III
                        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 month            2nd month             3rd month              4th month            5th month
                                             month
DM                                           2,236970             2,230510             2,224350              2,218730               2,218730             2,202400
Fl                                           2,532710             2,527940             2,522980              2,518420               2,518420             2,503880
Bfrs/Lfrs                                   45,105200           45,126900            45,150600             45,172700              45,172700             45,240300
FF                                           6,830320             6,837150             6,844920              6,853550               6,853550             6,881760
Dkr                                          8,055230             8,058910             8,062060              8,065120               8,065120             8,073720
£ Irl                                        0,715026             0,717268             0,719479              0,721250               0,721250             0,726465
£                                            0,579967             0,581718             0,583243              0,584449               0,584449             0,587287
Lit                                      1 431,10            1 436,71             1 442,45              1 447,94               1 447,94             1 466,66
Dr                                          97,666100           97,659100             97,659800             97,667100              97,667100            97,727900