CELEX: 31990R2828
Language: en
Date: 1990-09-29 00:00:00
Title: Commission Regulation (EEC) No 2828/90 of 28 September 1990 fixing the amount of the subsidy on oil seeds

No L 268 /76                            Official Journal of the European Communities                                29 . 9 . 90
                                   COMMISSION REGULATION (EEC) No 2828/90
                                                    of 28 September 1990
                                      fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       tries have been fixed by Commission Regulation No
                                                                  225/67/EEC (9), as last amended by Regulation (EEC) No
Having regard to the Treaty establishing the European             28 69/87 (10);
Economic Community,
Having regard to the Act of Accession of Spain and                Whereas the target prices and the intervention prices
                                                                  fixed by the Council are to be reduced in accordance with
Portugal,
                                                                   Commission Regulation (EEC) No 1756/90 of 27 June
                                                                   1990 establishing the target and intervention prices for
Having regard to Council Regulation No 136/66/EEC of               colza, rape and sunflower seed and the guide and
22 September 1966 on the establishment of a common                 minimum prices for soya beans, fixed in ecus by the
organization of the market in oils and fats ('), as last           Council and reduced as a result of the monetary realign­
amended by Regulation (EEC) No 2902/89 (2), and in                 ment of 5 January 1990 (u);
particular Article 27 (4) thereof,
Having regard to Council Regulation (EEC) No                       Whereas the abatement of the subsidy for colza and rape
1678 /85 (3) fixing the conversion rates to be applied in          seed which arises, where appropriate, from the system of
agriculture, as last amended by Regulation (EEC) No                maximum guaranteed quantities for the 1990/91 marke­
2496/90 (4),                                                       ting year, has been fixed by Commission Regulation
                                                                   (EEC) No 2509/90 (12) ;
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         Whereas the abatement of the subsidy for sunflower seed
(EEC) No 2206/90 (6), and in particular Article 2 (3)              which arise from the system of maximum guaranteed
thereof,                                                           quantities for the 1990/91 marketing year has been fixed
                                                                   by Commission Regulation (EEC) 2833/90 (13) ;
Having regard to the opinion of the Monetary Committee,
                                                                   Whereas Article 29 of Regulation No 136/66/EEC
Whereas Article 27 of Regulation No 136/66/EEC                     provides that the world market price, calculated for a
provides that a subsidy should be granted in respect of oil        Community frontier crossing point, is to be determined
seeds harvested and processed within the Community                 on the basis of the most favourable purchasing opportuni­
when the target price for a species of seed is higher than         ties, quotations being adjusted where necessary to take
the price on the world market ; whereas these provisions           account of quotations for competing products ;
at present apply only in respect of colza, rape and
sunflower seeds ;
                                                                   Whereas Article 4 of Council Regulation No 115/67/EEC
Whereas the subsidy on oil seeds should, theoretically, be         of 6 June 1967 laying down criteria for determining
equal to the difference between those two prices ;                 world market prices for oil seeds and fixing the frontier
                                                                   crossing point (14), as last amended by Regulation (EEC)
Whereas the target price and the monthly increases in the          No 1983/82 (1S), fixed the said crossing point at
target price for colza, rape and sunflower seed for the            Rotterdam ; whereas Article 1 of that Regulation provides
 1990/91 marketing year were fixed by Council Regula­              that when the world market price is being determined
tions (EEC) No 1317/90 0 and (EEC) No 1318/90 (8) ;                account should be taken of all offers on the world market
                                                                   known to the Commission and of quotations on those
Whereas a supplement to the target price for 'double zero'         exchanges which are significant for international trade ;
colza and rape seed was fixed by Regulation (EEC) No               whereas Article 2 of Regulation No 225/67/EEC provides
 1317/90 for the 1990/91 marketing year ;                          that offers and quotations which do not relate to ship­
                                                                   ments to be effected within 30 days following the date on
Whereas the standard quality for sunflower seed has been           which the world market price is determined should be
maintained by the Council for the 1^89/90 and 1990/91              disregarded ; whereas offers and quotations which the
marketing years ; whereas the coefficients of equivalence          Commission believes, in view of general price movements
applied to the prices of sunflower seed from third coun­           or information available to it, not to be representative of
                                                                   the real trend of the market must also be disregarded ;
(') OJ No 172, 30. 9. 1966, p. 3025/66.
(2) OJ No L 280, 29. 9. 1989, p. 2.                                0 OJ No 136, 30. 6. 1967, p. 2919/67.
(3) OJ No L 164, 24. 6. 1985, p. 11 .                               10) OJ No L 273, 26. 9 . 1987, p. 16.
(«) OJ No L 236, 31 . 8 . 1990, p. 8.                              (») OJ No L 162, 28 . 6. 1990, p. 19 .
Is) OJ No L 167, 25. 7. 1972, p. 9.                                H OJ No L 237, 1 . 9. 1990, p. 7.
(«) OJ No L 201 , 31 . 7. 1990, p. 11 .                            (u) See page 86 of this Official Journal.
O OJ No L 132, 23. 5. 1990, p. 9.                                  H OJ No 111 , 10. 6. 1967, p. 2196/67.
(8) OJ No L 132, 23. 5. 1990, p. 11 .                              (,s) OJ No L 215, 23 . 7. 1982, p. 6.
 ---pagebreak--- 29. 9 . 90                             Official Journal of the European Communities                             No L 268 /77
whereas offers and quotations relating to quantities of less     for determining the world market price and where it is,
than 500 tonnes and offers relating to seed of a quality         moreover, impossible to establish the value of the oil or
other than that normally acceptable on the world market          oil cake processed from such seed, the world market price
must also be disregarded ;                                       should be determined on the basis of the most recent
                                                                 known value for oil or oil cake, adjusted to take account
                                                                 of the trend of world prices for competing products by
Whereas Article 3 of Regulation No 225/67/EEC provides           applying to that value the rules set out in Article 2 of
that of the offers and quotations taken into consideration,      Regulation No 115/67/EEC ; whereas Article 7 of Regula­
those for delivery c and f should be increased by 0,2 % ;        tion No 225/67/EEC defines competing products as those
whereas offers and quotations for delivery fas, fob or           oils or oil cakes, as the case may be, which appear to have
otherwise should be increased, as appropriate, by loading,       been offered in the largest quantities on the world market
transport and insurance costs from the point of shipment         during the period under consideration ;
or loading to the frontier crossing point ; whereas cif
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        Whereas, under Article 6 of Regulation No 115/67/EEC,
product delivered cif Rotterdam ; whereas the Commis­             the price determined for colza, rape and sunflower seeds
sion should take account only of the loading, transport           must also be adjusted by an amount not exceeding the
and insurance costs which to its knowledge are the                margin, as calculated in accordance with that Article,
lowest ; whereas, finally, offers and quotations for delivery    where that margin may affect the normal disposal of seeds
cif Rotterdam should be increased by ECU 0,242 ;                  harvested in the Community ;
Whereas Article 5 of Regulation No 1 15/67/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 1321 /90 (2), laid down rules for
                                                                  granting the subsidy on oil seeds ; whereas, under that
                                                                  Regulation, where the subsidy to be granted is fixed in
Whereas Article 3 of Regulation No 225/67/EEC provides            advance, the amount of such subsidy must be equal to the
that offers and quotations relating to products presented         amount applicable on the day on which the application
otherwise than in bulk should be adjusted by deducting            for advance fixing was lodged, adjusted by the difference
the additional value resulting from that presentation ;           between the target price valid on that day and the target
whereas offers and quotations relating to a quality other         price valid on the day on which the seeds are placed
than the standard quality for which the target price was          under control at an oil or feed mill and, where appro­
fixed should be adjusted on the basis of the coefficients of      priate, a corrective amount ; whereas Article 35 of
equivalence shown in the ' Annex to that Regulation ;             Commission Regulation (EEC) No 2681 /83 of 21
whereas, in the case of offers on the world market for            September 1983 laying down detailed rules for the appli­
qualities of colza and rape seed other than those listed in       cation of the subsidy system for oil seeds (3), as last
that Annex, coefficients of equivalence derived from those        amended by Regulation (EEC) No 2248/90 (4), provides
listed in that Annex may, pursuant to Article 4 of Regula­        that such adjustment should involve increasing or redu­
tion No 225/67/EEC, be applied ; whereas, when derived            cing the amount of subsidy applicable on the day on
coefficients are being calculated, account must be taken of       which the application was lodged by the corrective
the differences between prices for the qualities of seed in       amount and the difference between the target prices
question and prices for the qualities listed in that Annex,       mentioned in Article 35 of Regulation (EEC) No
                                                                  2681 /83 :
and of the characteristics of these various seeds :
Whereas Article 2 of Regulation No 1 1 5/67/EEC provides          Whereas Article 37 of Regulation (EEC) No 2681 /83
that, where no offer or quotation can be used as a basis          provides that the corrective amount must be equal to the
for determining the world market price, that price should         difference between the world market price for colza, rape
be determined on the basis of the value of the average            and sunflower seeds and the forward price for those seeds
quantities of oil and oil cake resulting from the proces­         valid for a shipment effected during the month in which
sing of 100 kilograms of seed within the Community less           the seeds were placed under control at an oil mill, those
an amount corresponding to the cost of processing these           prices being determined in accordance with Articles 1 , 4
seeds into oil and oil cake ; whereas the quantities and          and 5 of Regulation No 1 1 5/67/EEC ; whereas, if no offer
costs to be taken into consideration for the purposes of          and no price can be used for such determination, the
the calculation are fixed in Article 5 of Regulation No           method of calculation provided for in Article 37 of Regu­
225/67/EEC ; whereas the value of those quantities should         lation (EEC) No 2681 /83 should be used ; whereas the
be determined in accordance with Article 6 of that
                                                                  abovementioned difference may be adjusted in accordance
Regulation ;
                                                                  (') OJ No L 163, 22. 6. 1983, p. 44.
                                                                  (2) OJ No L 132, 23. 5. 1990, p. 15.
Whereas Article 3 of Regulation No 115/67/EEC provides            (3) OJ No L 266, 28. 9. 1983, p. 1 .
that, where no offer or quotation can be used as a basis          (4) OT No L 203, 1 . 8 . 1990, p. 55.
 ---pagebreak--- No L 268/78                              Official Journal of the European Communities                                29 . 9. 90
with Article 38 of Regulation (EEC) No 2681 /83, account           (b) for Member States other than those referred to in (a),
being taken of the prices of the main competing cereals ;               the difference between :
                                                                        — the agricultural conversion rate, and
Whereas the aid for colza, rape or sunflower seed                       — the average rate of the ecu as published in the C
harvested or processed in Spain or Portugal is to be                       Series of the Official Journal of the European
advised as provided for in Council Regulation (EEC) No                      Communities during a period to be determined
478/86 (') ; whereas pursuant to Article 95 (2) and 293 (2)                multiplied by the factor referred to in the second
of the Act of Accession this aid is to be introduced at the                indent of point (a) ;
beginning of the 1986/87 marketing 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 of 25 February 1986 laying down general rules for           exchange rates are not available, the rates adopted for the
the mechanism for controlling the prices and the quanti­           previous months or the following months, as the case may
ties of certain products in the oils and fats sector released      be, must be used ;
for consumption in Spain (2), as last amended by Regula­
tion (EEC) No 387/90 (3), provision is made for the gran­
                                                                   Whereas the subsidy should be fixed whenever the
ting of compensatory aid, subject to certain conditions ;
whereas compensatory aid should be fixed for sunflower              market situation makes it necessary and in such a way as
seeds harvested in Spain ;                                          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 (4),
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 ecus and the amount of the
                                                                    subsidy in each of the national currencies must be fixed
Whereas Article 33 of Regulation (EEC) No 2681 /83                  in accordance with the Annex to this Regulation ;
                                                                    whereas, pursuant to the same Article, the spot and
provides for the publication of the amount of the final             forward exchange rates for the ecu in national currencies
subsidy obtained from the conversion into each of the
national currencies of the amount in ecus resulting from            determined in accordance with Article 4 of Regulation
the calculation referred to above plus or minus the diffe­          (EEC) No 1813/84 must also be published,
rential amount ; whereas Article 1 of Commission Regula­
tion (EEC) No 1813/84 Q, as last amended by Regulation
(EEC) No 1 539/90 (6), defined the elements which deter­
mine the differential amounts ; whereas these elements
are equal to the incidence on the target price less percen­         HAS ADOPTED THIS REGULATION :
tage referred to in Article 5, paragraph 1 of the said regu­
lation or the subsidy of the coefficient derived from the
percentage referred to in Article 2 ( 1 ) of Regulation (EEC)
No 1 569/72 ; whereas, according to these provisions, this                                  A' rticle 1
percentage represents :
                                                                     1 . The amounts of the subsidy and the exchange rates
(a) for those Member States whose currencies are main­              referred to in Article 33 (2) and (3) of Regulation (EEC)
     tained as between themselves within a spread at any            No 2681 /83 shall be as set out in the Annexes hereto.
     given moment of 2,25 % , the difference between :
     — the conversion rate used under the common                    2. The amount of the compensatory aid referred to in
         agricultural policy, and                                   Article 14 of Regulation (EEC) No 475/86 shall be as
                                                                    shown in Annex III to this Regulation for sunflower seed
     — the conversion rate resulting from the central rate          harvested in Spain.
         multiplied by the correcting factor referred to in
         Article 6 (1 ) of Regulation (EEC) No 1 677IS5 Q, as
         last amended by Regulation (EEC) No 2205/90 (8) ;          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.
(') OJ  No   L 53, 1 . 3. 1986, p. 55.
(2) OJ  No   L 53 , 1 . 3 . 1986, p. 47.
O   OJ  No   L 42, 16. 2. 1990, p. 8 .
O   OJ  No   L 183, 3 . 7. 1987, p. 18 .
O   OJ  No   L 170, 29. 6. 1984, p. 41                                                       Article 2
(6) OI No L 145. 8 . 6. 1990 . D . 20 .
O OJ No L 164, 24. 6. 1985, p. 6.
¥) OJ No L 201 , 31 . 7. 1990, p. 9.                                This Regulation shall enter into force on 1 October 1990.
 ---pagebreak---      29 . 9 . 90                            Official Journal of the European Communities                          No L 268 /79
                      This Regulation shall be binding in its entirety and directly applicable in all Member
                       States.
                       Done at Brussels, 28 September 1990.
                                                                               For the Commission
                                                                                 Ray MAC SHARRY
                                                                           Member of the Commission
                                                               ANNEX I
                                          Aids to colza and rape seed other than 'double zero'
                                                                                                                 (amounts per 100 kg)
                                                 Current      1st period   2nd period    3rd period   4th period       5th period
                                                    10            11           12             1            2                3
1 . Gross aids (ECU) :
    — Spain                                           0,000        0,000        0,000          0,000        0,000            0,000
    — Portugal                                        0,000        0,000        0,000        26,856       26,616           26,895
    — Other Member States                           20,135        19,770       19,848        19,886       19,646           19,925
2. Final aids :
    (a) Seed harvested and processed in :
        — Federal Republic of Germany
             (DM)                                   47,14         46,28        46,47         46,56        45,99            46,79
        — Netherlands (Fl)                          53,11         52,15        52,36         52,46        51,82            52,72
        — BLEU (Bfrs/Lfrs)                         972,26        954,63       958,40        960,23       948,65           963,13
        — France (FF)                              158,10        155,23       155,84        156,14       154,26           156,45
        — Denmark (Dkr)                            179,81        176,55       177,24        177,58       175,44           177,93
        — Ireland (£ Irl)                           1 7,596       17,277       17,345        17,378       17,169           17,412
        — United Kingdom (£)                        15,406        15,108       15,136        15,129       14,929           15,053
        — Italy (Lit)                          35 270        34 631        34 767        34 834       34 413           34 902
        — Greece (Dr)                           4 187,57      4 092,98      4 078,30      4 060,42     3 999,17         3 976,48
    (b) Seed harvested in Spain and
         processed :
        — in Spain (Pta)                              0,00         0,00         0,00           0,00         0,00             0,00
        — in another Member State (Pta)               0,00         0,00         0,00           0,00         0,00             0,00
    (c) Seed harvested in Portugal and
         processed :
        — in Portugal (Esc)                           0,00         0,00         0,00      5 501,00     5 449,28         5 464,70
        — in another Member State (Esc)          5 574,56      5 497,34     5 507,73      5 501,00     5 449,28         5 464,70
 ---pagebreak--- No L 268 /80                               Official Journal of the European Communities                                  29 . 9 . 90
                                                              ANNEX II
                                              Aids to colza and rape seed 'double zero'
                                                                                                               (amounts per 100 kg)
                                                Current       1st period  2nd period    3rd period  4th period       5th period
                                                   10             11          12             1           2                 3
                                                          i
1 . Gross aids (ECU):
    — Spain                                         2,500          2,500       2,500          2,500       2,500             2,500
    — Portugal                                      2,500          2,500       2,500        29,356      29,116            29,395
    — Other Member States                          22,635         22,270      22,348        22,386      22,146            22,429
2. Final aids :
    (a) Seed harvested and processed in :
        — Federal Republic of Germany
           (DM)                                    52,99          52,14       52,32         52,41       51,85             52,64
        —   Netherlands (Fl)                       59,71          58,74       58,95         59,05       58,42             59,31
        —   BLEU (Bfrs/Lfrs)                    1 092,98       1 075,35    1 079,12      1 080,95    1 069,36          1 083,84
        —   France (FF)                           177,73         174,86      175,47        175,77      173,89            176,08
        —   Denmark (Dkr)                         202,13         198,87      199,57        199,91      197,77            200,26
        —   Ireland (£ Irl)                        19,781         19,462      19,530        19,563      19,353            19,597
        —   United Kingdom (£)                     17,355         17,057      17,087        17,078      16,878            17,002
        —   Italy (Lit) .                     39 649         39 010       39 146        39 213      38 792           39 281
        —   Greece (Dr)                        4 730,93        4 636,34    4 621,66      4 603,78    4 542,53         4 519,84
    (b) Seed harvested in      Spain   and
        processed :
        — in Spain (Pta)                          382,24         382,24      382,24        382,24      382,24            382,24
        — in another Member State (Pta)           146,94          94,17      101,50         99,37       64,67             82,45
    (c) Seed harvested in Portugal and
        processed :
        — in Portugal (Esc)                       517,26         517,26      517,26      6 018,26    5 966,53          5 981,96
        — in another Member State (Esc)         6 091,81       6 014,60    6 024,99      6 018,26    5 966,53          5 981,96
 ---pagebreak--- 29. 9 . 90                                       Official Journal of the European Communities                                                  No L 268 /81
                                                                          ANNEX III
                                                                  Aids to sunflower seed
                                                                                                                                          (amounts per 100 kg)
                                                          Current              1st period          2nd period           3rd period              4th period
                                                            10                      11                  12                     1                      2
1 . Gross aids (ECU) :                                                                                                                    I
    — Spain                                                  8,600                   8,600                8,600               28,779                 28,875
    — Portugal                                               0,000                   0,000               0,000                37,798                 37,899
    — Other Member States                                   26,166                  26,297              26,428                25,558                 25,659
2. Final aids :                                                                                                                           l
    (a) Seed harvested and processed in (') :                        >
                                                                                                                                          \
        — Federal Republic of Germany
            (DM)                                            61,26                   61,56               61,87                 59,83                  60,07
        — Netherlands (Fl)                                  69,02                   69,37               69,71                 67,42                  67,68
        — BLEU (Bfrs/Lfrs)                               1 263,48                1 269,80           1 276,13             1 234,12                 1 239,00
        — France (FF)                                      205,45                  206,48             207,51                200,68                  201,47
        — Denmark (Dkr)                                    233,66                  234,83             236,00                228,23                  229,14
        — Ireland (£ Irl)                                   22,866                  22,981              23,095                22,335                 22,423
        — United Kingdom (£)                                20,086                  20,185              20,255                19,512                 19,585
        — Italy (Lit)                                  45 834                 46 064               46 293              44 769                   44 946
        — Greece (Dr)                                    5 484,27               5 503,82            5 499,68             5 265,64      !          5 284,06
    (b) Seed harvested in Spain and
        processed :                                                                                                                       I
        — in Spain (Pta)                                 1 314,91                1 314,91           1 314,91             4 463,66                 4 479,12
        — in another Member State (Pta)                  4 633,29               •4 654,10           4 670,44             4 534,95                 4 551,16
    (c) Seed harvested in Portugal and
         processed :                                                                                                                      I
        — in Portugal (Esc)                                  0,00                    0,00                 0,00           7 761,60                 7 781,69
        — in Spain (Esc)                                 8 088,77               8 116,03            8 137,96             7 935,03                 7 955,58
        — in another Member State (Esc)                  7 911,98               7 938,64            7 960,09             7 761,60                 7 781,69
3. Compensatory aids :                            Il                                                                                      l
    — in Spain (Pta)                                     4 606,26               4 627,07            4 643,41                  —                      —
4. Special aid :                                                                                Il
    — in Portugal (Esc)                                  7 911,98               7 938,64            7 960,09                  —                      —
(') For seed harvested m the Community as constituted at 31 December 1985 and processed in Spain, the amounts shown in 2 (a) to be multiplied by 1,0223450.
                                                                          ANNEX IV
                  Exchange rate of the ecu to be used for converting final aids into the currency of the processing
                                country when the latter is a country other than the country of production
                                                                                                                                               (value of ECU 1)
                                              Current             1st period           2nd period        3rd period         4th period            5th period
                                                 10                    11                   12                 1                   2                    3
DM                                             2,060430               2,057290            2,053810          2,050580             2,050580            2,041450
Fl                                             2,322950               2,319380            2,315570          2,311960             2,311960            2,301740
Bfrs/Lfrs                                     42,386700            42,340100             42,286700         42,236000          42,236000             42,113000
FF                                             6,899960               6,898570            6,898440          6,897830             6,897830            6,894970
Dkr                                            7,846020               7,848860            7,850460          7,852150             7,852150            7,852820
£Irl                                           0,766744               0,767649            0,767690          0,768297             0,768297            0,769691
£                                              0,701002               0,703675            0,706281          0,708466             0,708466            0,714430
Lit                                       1 538,35             1 537,88              1 538,32          1 539,42           1 539,42              1 543,60
Dr                                          201,94600             203,39500            205,37700         206,89200          206,89200             212,34500
Esc                                         182,47000             183,05200             183,74800        184,69600           184,69600             187,48800
Pta                                         129,03800             129,50700             129,95900        130,40700           130,40700             131,62000