CELEX: 31985R2707
Language: en
Date: 1985-09-27 00:00:00
Title: Commission Regulation (EEC) No 2707/85 of 26 September 1985 fixing the amount of the subsidy on oil seeds

27. 9 . 85                              Official Journal of the European Communities                          No L 256/27
                                    COMMISSION REGULATION (EEC) No 2707/85
                                                      of 26 September 1985
                                      fixing the amount of the subsidy on oil seeds
  THE COMMISSION OF THE EUROPEAN
                                                                    the subsidy in the case of advance fixing for
  COMMUNITIES,                                                      September, October, November, December 1985,
                                                                    January and February 1986 for colza and rape seed has
  Having regard to the Treaty establishing the European             been obtainable only provisionally on the basis of the
  Economic Community,                                               target price and the monthly increase as last proposed
                                                                    by the Commission to the Council for the marketing
  Having regard to Council Regulation No 136/66/EEC                 year 1985/86 ; whereas this amount may, therefore, be
  of 22 September 1966 on the establishment of a                    applied on a temporary basis and should be confirmed
  common organization of the market in oils and fats ('),           or replaced when the indicative price of the 1985/86
  as last amended by Regulation (EEC) No 231 /85 (2),               marketing year is known ;
  and in particular Article 27 (4) thereof,
  Having regard to Council Regulation (EEC) No                      Whereas Article 29 of Regulation No 136/66/EEC
  1223/83 of 20 May 1983 on the exchange rates to be                provides that the world market price, calculated for a
  applied in agriculture (3), as last amended by Regula­            Community frontier crossing point, is to be deter­
  tion (EEC) No 1297/85 (4),                                        mined on the basis of the most favourable purchasing
                                                                    opportunities, quotations being adjusted where neces­
  Having regard to Council Regulation (EEC) No                      sary to take account of quotations for competing
  1569/72 of 20 July 1972 laying down special measures              products ;
  for colza, rape and sunflower seed (*), as last amended
  by Regulation (EEC) No 1474/84 (6), and in particular
  Article 2 (3) thereof,                                            Whereas Article 4 of Council Regulation No 115/
                                                                    67/EEC of 6 June 1967 laying down criteria for deter­
  Having regard to the opinion of the Monetary                      mining world market prices for oil seeds and fixing
  Committee,                                                        the frontier crossing point (9), as last amended by
                                                                    Regulation (EEC) No 1983/82 (10), fixed the said cros­
                                                                    sing point at Rotterdam ; whereas Article 1 of that
  Whereas Article 27 of Regulation No 136/66/EEC                    Regulation provides that when the world market price
  provides that a subsidy should be granted in respect of           is being determined account should be taken of all
  oil seeds harvested and processed within the Commu­               offers on the world market known to the Commission
  nity when the target price for a species of seed is               and of quotations on those exchanges which are signi­
  higher than the price on the world market ; whereas               ficant for international trade ; whereas Article 2 of
  these provisions at present apply only in respect of              Commission Regulation No 225/67/EEC of 28 June
  colza, rape and sunflower seeds ;                                 1967 on detailed rules for determining the world
                                                                    market price for oil seeds ("), as last amended by
- Whereas the subsidy on oil seeds should, theoretically,           Regulation (EEC) No 1971 /85 (12), provides that offers
  be equal to the difference between those two prices ;             and quotations which do not relate to shipments to be
                                                                    effected within 30 days following the date on which
  Whereas the target price and the monthly increments               the world market price is determined should be disre­
  in the target price of sunflower seed for the 1985/86             garded ; whereas offers and quotations which the
  marketing year have been fixed in Regulations (EEC)               Commission believes, in view of general price move­
  No 1489/85 0, and (EEC) No 1490/85 (8) ;                          ments or information available to it, not to be repre­
                                                                    sentative of the real trend of the market must also be
  Whereas in the absence of the target price for the                disregarded ; whereas offers and quotations relating to
   1985/86 marketing year for colza and rape seed and in            quantities of less than 500 tonnes and offers relating to
  the absence of the amount of the monthly increase for             seed of a quality other than that normally acceptable
  October, November, December 1985, January and                     on the world market must also be disregarded ;
  February 1986 for colza and rape seed, the amount of
  (') OJ No 172, 30. 9. 1966, p. 3025/66.                           Whereas Article 3 of Regulation No 225/67/EEC
  (2) OJ  No L  26, 31 . 1 . 1985, p. 12.                           provides that of the offers and quotations taken into
  (3) OJ  No L  132, 21 . 5. 1983, p. 33.
  (<) OJ  No L  137, 27. 5. 1985, p. 1 .
  0   OJ  No L  167, 25. 7. 1972, p. 9.                             (') OJ  No  111 , 10. 6. 1967, p. 2196/67.
  («) OJ  No L  143, 30. 5. 1984, p. 4.                             (,0) OJ No   L 215, 23 . 7. 1982, p. 6.
  0   OJ  No  L 151 , 10. 6. 1985, p. 13 .                          (") OJ  No   136, 30. 6.  1967, p. 2919/67.
  (8) OJ  No  L 151 , 10. 6. 1985, p. 14.                           (12) OJ No   L 185, 18 . 7. 1985, p . 15.
 ---pagebreak--- No L 256/28                         Official Journal of the European Communities                             27. 9 . 85
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/
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 Article 5 of Regulation No 115/67/EEC                 Whereas, under Article 6 of Regulation No 115/
                                                              67/EEC, the price determined for colza, rape and
provides that the world market price should be deter­         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---  27. 9 . 85                           Official Journal of the European Communities                          No L 256/29
the difference between the world market price for               Whereas, however, pursuant to Article 2a of Regula­
colza, rape and sunflower seeds and the forward price           tion (EEC) No 1569/72, the monetary disparity for the
for those seeds valid for a shipment effected during            marketing years 1984/85 to J 986/87 will be calculated
the month in which the seeds were placed under                  by a method which takes into account a coefficient
control at an oil mill, those prices being determined in        applied to the conversion rate resulting from the
accordance with Articles 1 , 4 and 5 of Regulation No           central rate ; whereas Regulation (EEC) No 2679/85 (2)
 115/67/EEC ; whereas, if no offer and no price can be          fixed the coefficient ;
used for such determination, the method of calculation
provided for in Article 37 of Regulation (EEC) No
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               Whereas Regulation (EEC) No 1813/84 specifies the
taken of the prices of the main competing cereals ;             spot and forward exchange rates and the period to be
                                                                used for calculating the differential amounts ; whereas
                                                                in cases where, for one or more months, quotations of
                                                                forward exchange rates are not available, the rates
                                                                adopted for the previous months or the following
Whereas Article 33 of Regulation (EEC) No 2681 /83              months, as the case may be, must be used ;
provides for the publication of the amount of the final
subsidy obtained from the conversion into each of the
national currencies of the amount in ECU resulting
from the calculation referred to above plus or minus            Whereas, for the period 17 to 23 April 1985 for certain
the differential amount ; whereas Article 1 of Regula­          currencies :
tion (EEC) No 1813/84 (') defined the elements which
determine the differential amounts ; whereas these
elements are equal to the incidence on the target price
or the subsidy of the coefficient derived from the              — for the current month, the difference referred to in
percentage referred to in Article 2 (1 ) of Regulation              Article 2 ( 1 ) of Regulation (EEC) No 1569/72
(EEC) No 1569/72 ; whereas, according to these provi­               differs by more than one point from the percen­
sions, this percentage represents :                                 tage adopted for the previous fixing,
                                                                — for certain following months the difference
                                                                    referred to in Article 2 (2) of Regulation (EEC) No
(a) for those Member States whose currencies are                     1 569/72 exceeds 0,5 % ; whereas this difference in
    maintained as between themselves within a spread                the case of certain forward differential amounts
    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
         agricultural policy, and
                                                                Whereas the subsidy should be fixed whenever the
    — the conversion rate resulting from the central            market situation makes it necessary and in such a way
         rate,
                                                                as to ensure its being applied at least once a week ;
                                                                whereas the subsidy may be altered whenever it
                                                                becomes obvious that such alteration is necessary ;
(b) for Italy, the United Kingdom and Greece, the
    difference between :
    — the relationship between the conversion rate              Whereas it follows from applying these provisions to
         used under the common agricultural policy for          the offers and quotations known to the Commission
         the currency of the Member State concerned             that, pursuant to Article 33 of Regulation (EEC) No
         and the central rate of each of the currencies of      2681 /83 the amount of the subsidy in ECU and the
         the Member States referred to in (a), and              amount of the subsidy in each of the national curren­
                                                                cies must be fixed in accordance with the Annex to
    — the spot market rate for the currency of the              this Regulation ; whereas, pursuant to the same Article,
         Member State in question in relation to each of        the spot and forward exchange rates for the ECU in
         the currencies of the Member States referred to        national currencies determined in accordance with
         in (a), as recorded over a period to be deter­         Article 4 of Regulation (EEC) No 1813/84 must also
         mined ;                                                be published,
(■) OJ No L 170 , 29 . 6 . 1984, p. 41 .                        (2) OJ No L 254, 25. 9 . 1985, p. 14.
 ---pagebreak--- No L 256/30                         Official Journal of the European Communities                           27. 9 . 85
HAS ADOPTED THIS REGULATION :                                 seed will, however, be confirmed or replaced as from
                                                              27 September 1985 to take into account the indicative
                        Article 1                             price which is fixed for these products for the 1985/
                                                              1986 marketing year, and the amount of the monthly
1 . The amounts of the subsidy and the exchange               increase for October, November, December 1985,
rates referred to in Article 33 (2) and (3) of Regulation     January and February 1986 for 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 September, October, November, December             This Regulation shall enter into force on 27
1985, January and February 1986 for colza and rape            September 1985.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 26 September 1985.
                                                                       For the Commission
                                                                        Frans ANDRIESSEN
                                                                           Vice-President
 ---pagebreak---  27. 9 . 85                                    Official Journal of the European Communities                                                            No L 256/31
                                                                          ANNEX I
                                                             Aids to colza and rape seed
                                                                                                                                           (amounts per 100 kilograms)
I                                                     Current
                                                       month
                                                                         1st month          2nd month            3rd month             4th month          5th month
 1 . Gross aids (ECU)                                   22,238 (')          23,783 (*)         24,122 (')           24,276 (')            24,149 (')         24,191 (')
2. Final aids                                  II||II||II
     Seeds harvested and processed in :                                                  Il||
     — Federal Republic of Germany (DM)                54,72 (')            58,33 (')          59,18 (')            59,72 0               59,46 (')          60,09 (')
     — Netherlands (Fl)                                61,65 (')            65,73 (')          66,65 (')            67,26 (')             66,97 (')          67,61 (')
     — BLEU (Bfrs/Lfrs)                            1 032,1 1 (')        1 103,81 (')        1 119,55 (')        1 125,75 (')          1 119,83 (')       1 114,33 (')
     — France (FF)                                    153,09 (')          164,02 (')          166,01 (')          166,35 (')            165,36 (')         165,60 (')
     — Denmark (Dkr)                                  187,13 (')          200,13 (')          202,99 (')          204,28 (')            203,21 (')         203,04 (')
     — Ireland (£ Irl)                                  16,681 (')          17,840 (')         18,090 (')           18,162 (')            18,066 (')         17,985 0
     — United Kingdom (£)                               14,278 (■)          15,21 2 (')        15,426 (')           1 5,529 (')           15,464 (')         15,329 (')
     — Italy (Lit)                               31 071         (')    33 436       (')   33 738       (')     33 753       (')     33 506       (')   33 300       (')
     — Greece (Dr)                                2 047,72 (')          2 215,32 (')        2 248,34 (')        2 260,72 (')          2 241,74 (')       2 241,62 (')
(') On the basis of the Commission s last proposal concerning the indicative price and subject to confirmation by the Council's decision.
                                                                         ANNEX II
                                                                 Aids to sunflower seed
                                                                                                                                          (amounts per 100 kilograms)
                                                        Current
                                                                               1st month            2nd month                   3rd month              4th month
                                                         month
1 . Gross aids (ECU)                                       27,147                  28,747                  29,423                   30,158                  30,428
2. Final aids                                                           I||
     Seeds harvested and processed in :
     — Federal Republic of Germany (DM)                    66,80                   70,55                   72,18                    74,11                   74,78
     — Netherlands (Fl)                                    75,27                   79,49                   81,31                    83,47                   84,22
     — BLEU (Bfrs/Lfrs)                                1 259,94                 1 334,20              1 365,57                   1 398,55               1 411,07
     — France (FF)                                       186,88                   198,19                 202,48                    206,81                 208,65
     — Denmark (Dkr)                                     228,44                   241,91                 247,59                    253,78                 256,05
     — Ireland (£ Irl)                                     20,363                  21,563                  22,066                   22,565                  22,767
     — United Kingdom (£)                                  17,431                  18,401                  18,817                    19,270                 19,444
     — Italy (Lit)                                   37 925                  40 368                 41 147                    42 027                  42 396
     — Greece (Dr)                                     2 499,19                2 672,05              2 741,80                    2 818,13               2 842,58
                                                                         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                                          2,226040                2,219430             2,212690              2,206030               2,206030             2,187640
Fl                                          2,504590                2,499900             2,495240              2,490510               2,490510             2,475060
Bfrs/Lfrs                                  45,149600              45,181000             45,219500            45,267100              45,267100             45,412300
FF                                          6,789270                6,798300             6,808140              6,819870               6,819870             6,860990
Dkr                                         8,073980                8,078720             8,081540              8,084740               8,084740             8,086700
£ Irl                                       0,716531                0,717607             0,718675              0,719561               0,719561             0,722207
£                                           0,572889                0,574539             0,576062              0,577461               0,577461             0,580633
Lit                                     1 499,77              1 505,58              1 511,93             1 517,74                1 517,74             1 535,39
Dr                                        107,63460             107,67270              107,72140            107,78130              107,78130            107,94680