CELEX: 31986R1905
Language: en
Date: 1986-06-20 00:00:00
Title: Commission Regulation (EEC) No 1905/86 of 19 June 1986 fixing the amount of the subsidy on oil seeds

20 . 6 . 86                               Official Journal of the European Communities                            No L 164/ 15
                                       COMMISSION REGULATION (EEC) No 1905/86
                                                         of 19 June 1986
                                        fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         for June 1986 for colza and rape seed, the amount of the
                                                                    subsidy in the case of advance fixing for June 1986 for
Having regard to the Treaty establishing the European               colza and rape seed has been obtainable only provisio­
Economic Community,                                                 nally on the basis of the target price and the monthly
                                                                    increase as last proposed by the Commission to the
                                                                    Council for the marketing year 1985/86 ; whereas this
                                                                    amount may, therefore, be applied on a temporary basis
Having regard to the Act of Accession of Spain and                  and should be confirmed or replaced when the target
Portugal,                                                           price for the 1985/86 marketing year is known ;
Having regard to Council Regulation No 136/66/EEC of
22 September 1966 on the establishment of a common
organization of the market in oils and fats (') as last             Whereas estimated production of colza, rape and
amended by Regulation (EEC) No 3768/85 (2) and in                   sunflower seed for the 1986/87 marketing year has not
particular Article 27 (4) thereof,                                  been fixed ; whereas the amount, where appropriate, to be
                                                                    deducted from the subsidy in compliance with the system
                                                                    of maximum guaranteed quantities referred to in Article
Having regard to Council Regulation (EEC) No                        27a of Regulation No 136/66/EEC could therefore not be
1678/85 (3) fixing the conversion rates to be applied in            determined ; whereas the Council fixed by Regulation
agriculture, as last amended by Regulation (EEC) No                 (EEC) No 1457/86 the target price for sunflower seed for
1333/86 (4),                                                        the 1986/87 marketing year on the basis of an oil content
                                                                    of 44 % for which the coefficient of equivalence with
Having regard to Council Regulation (EEC) No 1569/72                seed of other qualities has not been fixed ; whereas the
of 20 July 1972 laying down special measures for colza,             amounts of the subsidy should therefore only be applied
rape and sunflower seed (*), as last amended by Regulation          on a temporary basis and should be confirmed or replaced
(EEC) No 1474/84 (% and in particular Article 2 (3)                 once the effects of the system of maximum guaranteed
thereof,                                                            quantities for colza, rape and sunflower seed and the
                                                                    coefficient of equivalence of sunflower seed are known ;
Having regard to the opinion of the Monetary Committee,
Whereas Article 27 of Regulation No 136/66/EEC                      Whereas Article 29 of Regulation No 136/66/EEC
provides that a subsidy should be granted in respect of oil         provides that the world market price, calculated for a
seeds harvested and processed within the Community                  Community frontier crossing point, is to be determined
when the target price for a species of seed is higher than          on the basis of the most favourable purchasing opportuni­
the price on the world market ; whereas these provisions            ties, quotations being adjusted where necessary to take
at present apply only in respect of colza, rape and                 account of quotations for competing products ;
sunflower seeds ;
Whereas the subsidy on oil seeds should, theoretically, be
equal to the difference between those two prices ;                  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 the target price and the monthly increments in              crossing point (9), as last amended by Regulation (EEC)
the target price of colza, rape and sunflower seed for the          No 1983/82 (10), fixed the said crossing point at
1986/87 marketing year have been fixed in Regulations               Rotterdam ; whereas Article 1 of that Regulation provides
(EEC) No 1457/86 0, and (EEC) No 1458/86 (8) ;                      that when the world market price is being determined
                                                                    account should be taken of all offers on the world market
Whereas, in the absence of the target price for the                 known to the Commission and of quotations on those
 1985/86 marketing year for colza, rape and sunflower seed          exchanges which are significant for international trade ;
and in the absence of the amount of the monthly increase            whereas Article 2 of Commission Regulation No 225/
                                                                    67/EEC of 28 June 1967 on detailed rules for determi­
(') OJ   No 172, 30. 9. 1966, p. 3025/86.                           ning the world market price for oil seeds (n), as last
(2) OJ   No L 362, 31 . 12. 1985, p. 8 .                            amended by Regulation (EEC) No 1844/86 (12), provides
0   OJ   No L 132, 21 . 5. 1983, p. 33.
(4) OJ   No L 119, 8 . 5. 1986, p. 1 .
0   OJ   No L 167, 25. 7. 1972, p. 9.                               (9) OJ No 111 , 10 . 6. 1967, p. 2196/67.
I6) OJ No L 143, 30. 5. 1984, p. 4.                                 ('") OJ No L 215, 23. 7. 1982, p. 6.
0 OJ No L 133, 21 . 5. 1986, p. 12.                                 (>') OJ No 136, 30. 6. 1967, p. 2919/67.
(8) OJ No L 133, 21 . 5. 1986, p. 14.                               (12) OJ No L 159, 14. 6. 1986, p. 16.
 ---pagebreak--- No L 164/ 16                           Official Journal of the European Communities                                20 . 6. 86
that offers and quotations which do not relate to ship­          costs to be taken into consideration for the purposes of
ments to be effected within 30 days following the date on        the calculation are fixed in Article 5 of Regulation No
which the world market price is determined should be             225/67/EEC ; whereas the value of those quantities should
disregarded ; whereas offers and quotations which the            be determined in accordance with Article 6 of that
Commission believes, in view of general price movements          Regulation ;
or information available to it, not to be representative of
the real trend of the market must also be disregarded ;
whereas 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
Whereas Article 3 of Regulation No 225/67/EEC provides           known value for oil or oil cake, adjusted to take account
that of the offers and quotations taken into consideration,      of the trend of world prices for competing products by
those for delivery c and f should be increased by 0,2 % ;        applying to that value the rules set out in Article 2 of
whereas offers and quotations for delivery fas, fob or           Regulation No 115/67/EEC ; whereas Article 7 of Regula­
otherwise should be increased, as appropriate, by loading,       tion No 225/67/EEC defines competing products as those
transport and insurance costs from the point of shipment         oils or oil cakes, as the case may be, which appear to have
or loading to the frontier crossing point ; whereas cif          been offered in the largest quantities on the world market
offers and quotations for frontier crossing points other         during the period under consideration ;
than Rotterdam should be adjusted to allow for the diffe­
rence in transport and insurance costs as compared with a
product delivered cif Rotterdam ; whereas the Commis­            Whereas, under Article 6 of Regulation No 1 1 5/67/EEC,
sion should take account only of the loading, transport          the price determined for colza, rape and sunflower seeds
and insurance costs which to its knowledge are the               must also be adjusted by an amount not exceeding the
lowest ; whereas, finally, offers and quotations for delivery    margin, as calculated in accordance with that Article,
cif Rotterdam should be increased by 0,242 ECU ;                 where that margin may affect the normal disposal of seeds
                                                                 harvested in the Community ;
Whereas Article 5 of Regulation No 115/67/EEC provides
that the world market price should be determined for             Whereas the factors to be taken into consideration for the
seed of the standard quality for which the target price has      purpose of determining that margin are defined in Article
been fixed, delivered in bulk :
                                                                 8 of Regulation No 225/67/EEC ; whereas no adjustment
                                                                 should be made where the margin is found to be less than
                                                                 0,604 ECU ;
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 (') laid down rules
whereas offers and quotations relating to a quality other        for granting the subsidy on oil seeds ; whereas, under that
than the standard quality for which the target price was         Regulation, where the subsidy to be granted is fixed in
fixed should be adjusted on the basis of the coefficients of     advance, the amount of such subsidy must be equal to the
equivalence shown in the Annex to that Regulation ;              amount applicable on the day on which the application
whereas, in the case of offers on the world market for
                                                                 for advance fixing was lodged, adjusted by the difference
qualities of colza and rape seed other than those listed in      between the target price valid on that day and the target
that Annex, coefficients of equivalence derived from those       price valid on the day on which the seeds are placed
listed in that Annex may, pursuant to Article 4 of Regula­       under control at an oil or feed mill and, where appro­
tion No 225/67/EEC, be applied ; whereas, when derived           priate, a corrective amount ; whereas Article 35 of
coefficients are being calculated, account must be taken of      Commission Regulation (EEC) No 2681 /83 of 21
the differences between prices for the qualities of seed in      September 1983 laying down detailed rules for the appli­
question and prices for the qualities listed in that Annex,      cation of the subsidy system for oil seeds (2), as last
and of the characteristics of these various seeds ;
                                                                 amended by Regulation (EEC) No 869/86 (3), provides
                                                                 that such adjustment should involve increasing or redu­
                                                                 cing the amount of subsidy applicable on the day on
Whereas Article 2 of Regulation No 115/67/EEC provides           which the application was lodged by the corrective
that, where no offer or quotation can be used as a basis         amount and the difference between the target prices
for determining the world market price, that price should        mentioned in Article 35 of Regulation (EEC) No
be determined on the basis of the value of the average           2681 /83 :
quantities of oil and oil cake resulting from the proces­
sing of 100 kilograms of seed within the Community less          (') OJ No L 163, 22. 6. 1983 , p. 44.
an amount corresponding to the cost of processing these          (2) OJ No L 266, 28 . 9 . 1983, p. 1 .
seeds into oil and oil cake ; whereas the quantities and          3) OJ No L 81 , 26. 3. 1986, p. 10.
 ---pagebreak--- 20 . 6. 86                               Official Journal of the European Communities                              No L 164/ 17
Whereas Article 37 of Regulation (EEC) No 2681 /83                     — the conversion rate resulting from the central rate,
provides that the corrective amount must be equal to the
difference between the world market price for colza, rape          (b) for Italy, the United Kingdom and Greece, the
and sunflower seeds and the forward price for those seeds               difference between :
valid for a shipment effected during the month in which                — the relationship between the conversion rate used
the seeds were placed under control at an oil mill, those                   under the common agricultural policy for the
prices being determined in accordance with Articles 1 , 4                   currency of the Member State concerned and the
and 5 of Regulation No 115/67/EEC ; whereas, if no offer                    central rate of each of the currencies of the
and no price can be used for such determination, the                        Member States referred to in (a), and
method of calculation provided for in Article 37 of Regu­
lation (EEC) No 2681 /83 should be used ; whereas the                  — the spot market rate for the currency of the
abovementioned difference may be adjusted in accordance                     Member State in question in relation to each of
with Article 38 of Regulation (EEC) No 2681 /83, account                    the currencies of the Member States referred to in
being taken of the prices of the main competing cereals ;                   (a), as recorded over a period to be determined ;
                                                                   Whereas, however, pursuant to Article 2a of Regulation
                                                                   (EEC) No 1569/72, the monetary disparity for the marke­
Whereas the aid for colza, rape or sunflower seed                  ting years 1984/85 to 1986/87 will be calculated by a
harvested or processed in Spain or Portugal is to be               method which takes into account a coefficient applied to
advised as provided for in Council Regulation (EEC) No             the conversion rate resulting from the central rate ;
478/86 (') ; whereas pursuant to Article 95 (2) and 293 (2)        whereas Regulation (EEC) No 2679/85 (3) fixed the coeffi­
of the Act of Accession of Spain and Portugal this aid is          cient ;
to be introduced at the beginning of the 1986/87 marke­
ting year for seed harvested in these two Member States ;
                                                                   Whereas Regulation (EEC) No 1813/84 specifies the spot
                                                                   and forward exchange rates and the period to be used for
                                                                   calculating the differential amounts ; whereas in cases
Whereas, in Article 14 of Council Regulation (EEC) No              where, for one or more months, quotations of forward
475/86 (2) and Article 12 of Council Regulation (EEC) No           exchange rates are not available, the rates adopted for the
476/86 (3) of 25 February 1986 laying down general rules           previous months or the following months, as the case may
for the mechanism for controlling the prices and the               be, must be used ;
quantities of certain products in the oils and fats sector
released for consumption in Spain and Portugal respecti­           Whereas the subsidy should be fixed whenever the
vely, provision is made for the granting of compensatory           market situation makes it necessary and in such a way as
aid, subject to certain conditions ; whereas compensatory          to ensure its being applied at least once a week ; whereas
aid should be fixed for sunflower seeds harvested in Spain         the subsidy may be altered whenever it becomes obvious
and Portugal ;                                                     that such alteration is necessary ;
                                                                   Whereas it follows from applying these provisions to the
Whereas Article 33 of Regulation (EEC) No 2681 /83                 offers and quotations known to the Commission that,
provides for the publication of the amount of the final            pursuant to Article 33 of Regulation (EEC) No 2681 /83
subsidy obtained from the conversion into each of the              the amount of the subsidy in ECU and the amount of the
national currencies of the amount in ECU resulting from            subsidy in each of the national currencies must be fixed
the calculation referred to above plus or minus the diffe­         in accordance with the Annex to this Regulation ;
rential amount ; whereas Article 1 of Regulation (EEC)             whereas, pursuant to the same Article, the spot and
No 1813/84 (2) defined the elements which determine the            forward exchange rates for the ECU in national currencies
differential amounts ; whereas these elements are equal to         determined in accordance with Article 4 of Regulation
the incidence on the target price or the subsidy of the            (EEC) No 1813/84 must also be published,
coefficient derived from the percentage referred to in
Article 2 (1 ) of Regulation (EEC) No 1569/72 ; whereas,
according to these provisions, this percentage represents :
                                                                    HAS ADOPTED THIS REGULATION :
(a) for those Member States whose currencies are main­
     tained as between themselves within a spread at any
     given moment of 2,25 % , the difference between :
                                                                                               Article 1
     — the conversion rate used under the common
         agricultural policy, and                                   1 . The amounts of the subsidy and the exchange rates
                                                                    referred to in Article 33 (2) and (3) of Regulation (EEC)
(>) OJ  No  L  53, 1 . 3. 1986.                                     No 2681 / 83 shall be as set out in the Annex hereto .
(2) OJ  No  L  53, 1 . 3. 1986, p. 47.
(3) OJ  No  L  53, 1 . 3. 1986, p. 51 .
(4) OJ  No  L  170, 29.   6. 1984, p. 41                            0 OJ No L 254, 25. 9. 1985, p. 14.
 ---pagebreak--- No L 164/ 18                         Official Journal of the European Communities                               20. 6. 86
2. The amount of the compensatory aid referred to in           November 1986 for colza and rape seed and for August,
Article 14 of Regulation (EEC) No 475/86 and Article 12        September and October 1986 for sunflower seed will
of Regulation (EEC) No 476/86 shall be as shown in             however be confirmed or replaced as from 20 June 1986
Annex II to this Regulation for sunflower seed harvested       to take into account the coefficient of equivalence of
in Spain and Portugal.                                         sunflower seed and, where appropriate, the effects of the
                                                               application of the system of maximum guaranteed
3. The amount of the subsidy in the case of advance            quantities for colza, rape and sunflower seed.
fixing for June 1986 for colza and rape seed will, however,
be confirmed or replaced as from 20 June 1986 to take
into account the target price which is fixed for these
products for the 1985/86 marketing year, and the amount
of the monthly increase for June 1986 for colza and rape
seed.                                                                                   Article 2
4. The amount of the subsidy in the case of advance
fixing for July, August, September, October and                This Regulation shall enter into force on 20 June 1986.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 19 June 1986.
                                                                        For the Commission
                                                                         Frans ANDRIESSEN
                                                                            Vice-President
 ---pagebreak--- 20. 6. 86                                   Official Journal of the European Communities                                        No L 164/ 19
                                                                  ANNEX I
                                                       Aids to colza and rape seed
                                                                                                                     (amounts per 100 kilograms)
                                                 Current
                                                               2nd month (*)     3rd month 0    4th month (2)   5th month (2)     6th month (*)
                                                month (')
 1 . Gross aids (ECU)
     — Spain                                       —
                                                                      0,610            0,610          0,586            0,562            0,538
     — Portugal                                    —
                                                                      0,000            0,000          0,000            0,000            0,000
     — Other Member States                         31,263            27,008           26,818         28,264           29,140           29,636
2. Final aids                               III\
     (a) Seed harvested and processed in :  \I                                                II
         — Federal Republic of Germany                      \Il\
             (DM)                                  75,88             65,74            65,31          68,81            70,87            72,41
         — Netherlands (Fl)                        85,50             74,07            73,57          77,51            79,83            81,52
         — BLEU (Bfrs/Lfrs)                     1 433,23         1 256,98          1 247,98       1 315,46        1 356,71          1 374,55
         — France (FF)                            208,35            183,10           181,36         191,53           197,93           202,23
         — Denmark (Dkr)                          259,86           229,87            228,24         240,63          248,13            251,98
         — Ireland (£ Irl)                         23,016            20,337           20,187         21,267           21,939           22,262
         — United Kingdom (£)                      17,889            15,636           15,505         16,475           17,049           17,235
         — Italy (Lit)                         44 051           40 377           39 914         42 060           43 437           44 034
         — Greece (Dr)                          2 344,47         2 569,74          2 482,31       2 646,68        2 762,15          2 747,21
     (b) Seed harvested in Spain and IIII\
         processed :                        III\I
         — in Spain (Pta)                          —
                                                                      0,00             0,00           0,00             0,00             0,00
         — in a Member State listed at (a) llll\
            (Pta)                                  —
                                                                 3 064,74          3 036,37       3 250,53         3 379,58         3 412,56
     (c) Seed harvested in Portugal and II\\\
         processed :                        IIl\
         — in Portugal (Esc)                       —
                                                                      0,00             0,00           0,00             0,00             0,00
         — in a Member State listed at (a) ll\\\
            (Esc)                                  —
                                                                  3 964,33         3 922,49       4 103,36        4 240,17          4 248,05
(') On the basis of the Commission s proposal concerning the indicative price for the 1985/86 marketing year and subject to confirmation by the
     Council's decision .
(2) Subject to the amount to be deducted in compliance with the system of maximum guaranteed quantities.
 ---pagebreak--- No L 164/20                                      Official Journal of the European Communities                                                   20 . 6. 86
                                                                        ANNEX II
                                                                 Aids to sunflower seed
                                                                                                                              (amounts per 100 kilograms)
                                                        Current
                                                                            2nd month          3rd month (')      4th month (')          5th month (■)
                                                        month
1 . Gross aids (ECU)
    — Spain                                               —                     —
                                                                                                      1,720                1,720                 1,696
    — Portugal                                            —                     —
                                                                                                      0,000                0,000                0,000
    — Other Member States                                 40,941                40,941               37,251              37,251                37,867
2. Final aids                                                          \
    (a) Seed harvested and processed in (2) :
         — Federal Republic of Germany           \                                         \\
            (DM)                                          99,02                 99,02                90,23               90,36                 91,82
         — Netherlands (Fl)                              111,57                111,57              101,65               101,78                103,44
         — BLEU (Bfrs/Lfrs)                            1 881,67              1 881,67            1 736,76            1 735^6                1 764,85
         — France (FF)                                   275,68                275,68              255,20              254,62                 259,00
         — Denmark (Dkr)                                 341,17                341,17              317,32              317,32                 322,59
         — Ireland (£ Irl)                                30,258                30,258               28,123              28,088                28,558
         — United Kingdom (£)                             23,817                23,817               22,012              22,012                22,400
         — Italy (Lit)                                58 301               58 298               55 935             55 778                 56 728
         — Greece (Dr)                                 3 299,88              3 299,88            3 682,83           3 644,34               3 717,08
    (b) Seed harvested in Spain and
         processed :                                                   \
         — in Spain (Pta)                                 —                     —
                                                                                                   109,94               109,94                104,28
         — in a Member State listed at (a) Ill                                                                  \
            (Pta)                                         —                     —
                                                                                                 3 097,72           3 097,72 ,             3 187,62
    (c) Seed harvested in Portugal and ll\
         processed :                             IIIl\
         — in Portugal (Esc)                              —                     —
                                                                                                      0,00                 0,00                  0,00
         — in Spain (Esc)                                 —                     —
                                                                                                 5 707,56           5 656,28                5 753,54
         — in a Member State listed at (a)       l                                                              l
            (Esc)                                         —                     —
                                                                                                 5 502,49           5 453,05                5 546,81
3. Compensatory aids :                                                                     Il                                       \
     — in Spain (Pta)                                     —                     —
                                                                                                 2 913,87           2 913,87                2 998,66
    — in Portugal (Esc)                                   —                     —
                                                                                                 5 461,89           5 412,45                5 505,08
(') Subject to the amount to be deducted in compliance with the system of maximum guaranteed quantities and the coefficient of equivalence for
     seed with an oil content of 44 % .
(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 multi­
     plied by 1,037269.
                                                                       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
                                               month
                                                                2nd month          3rd month          4th month         5th month           6th month
DM                                             2,146250            2,141240           2,136540           2,132210          2,132210            2,119920
Fl                                             2,419130            2,416740           2,414300           2,411530          2,411530            2,402470
Bfrs/Lfrs                                     44,092100           44,091700         44,095400          44,096300          44,096300           44,113300
FF                                             6,849710            6,850540           6,851980           6,853070          6,853070            6,858220
Dkr                                            7,961740            7,965770           7,969470           7,973510          7,973510            8,002710
£ Irl                                          0,708438            0,709760           0,711054           0,712032          0,712032            0,715620
£                                              0,638854            0,640301           0,641654           0,642925          0,642925            0,646272
 Lit                                     1 475,79            1 482,16            1 487,83           1 492,90          1 492,90            1 508,70
 Dr                                         135,131500           136,91170         138,79630          141,40670          141,40670           147,33910
 Pta                                        137,37040            138,13980         138,66410          139,15680          139,15680           140,66380
 Esc                                        145,49030            147,56070         148,76440          150,35400          150,35400           155,16950