CELEX: 31991R3065
Language: en
Date: 1991-10-19 00:00:00
Title: Commission Regulation (EEC) No 3065/91 of 18 October 1991 fixing the amount of the subsidy on oil seeds

No L 289/30                                 Official Journal of the European Communities                               19, 10 . 91
                                        COMMISSION REGULATION (EEC) No 3065/91
                                                           of 18 October 1991
                                           fixing the amount of the subsidy on oil seeds
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           Whereas a supplement to the target price for 'double zero
                                                                        colza and rape seed was fixed by Regulation (EEC) No
                                                                         1722/91 for the 1991 /92 marketing year ;
  Having regard to the Treaty establishing the European
  Economic Community,
                                                                         Whereas the abatement of the subsidy for colza and rape
                                                                        seed which arises, where appropriate, from the system of
 Having regard to the Act of Accession of Spain and                     maximum guaranteed quantities for the 1990/91 marke­
 Portugal,                                                              ting year, has been fixed by Commission Regulation
                                                                        (EEC) No 2509/90 (') ;
 Having regard to Council Regulation No 136/66/EEC of
 22 September 1966 on the establishment of a common                     Whereas the abatement of the subsidy for sunflower seed
 organization of the market in oils and fats ('), as last               which arise from the system of maximum guaranteed
 amended by Regulation (EEC) No 1720/91 (2), and in                     quantities for the 1990/91 marketing year has been fixed
 particular Article 27 (4) thereof,                                     by Commission Regulation (EEC) 2833/90 (10) ;
 Having regard to Council Regulation (EEC) No                           Whereas, owing to the lack of an adjustment in the rate of
  1 678/85 (3) fixing the conversion rates to be applied in             aid colza, rape seed and sunflower seed resulting from the
 agriculture, as last amended by Regulation (EEC) No                    maximum guaranteed quantity arrangements for the
 2922/91 (4),                                                           1991 /92 marketing year, the rate of the aid for this
                                                                        marketing year has only been able to be calculated provi­
                                                                        sionally on the basis of the abatement applicable for the
 Having regard to Council Regulation (EEC) No 1569/72                   1990/91 marketing year ; whereas this amount should
 of 20 July 1972 laying down special measures for colza,                therefore only be applied provisionally and should be
 rape and sunflower seed (*), as last amended by Regulation             confirmed or replaced once the prices and related
 (EEC) No 2206/90 16), and in particular Article 2 (3)                  measures and the consequences of the maximum guaran­
 thereof,                                                               teed quantity arrangements for the 1991 /92 marketing
                                                                        year are known ;
 Having regard to the opinion of the Monetary Committee,
                                                                        Whereas Article 27a (3) of Regulation No 136/66/EEC
                                                                        provides that the adjustment of the amount of aid for
Whereas Article 27 of Regulation No 136/66/EEC                          rapeseed produced in Spain for the 1991 /92 marketing
provides that a subsidy should be granted in respect of oil            year shall be fixed so that the adjusted target price is the
seeds harvested and processed within the Community                      same in Spain as in the Community as constituted at 31
when the target price for a species of seed is higher than              December 1985 ;
the price on the world market ; whereas these provisions
at present apply only in respect of colza, rape and
sunflower seeds ;                                                      Whereas Article 29 of Regulation No 136/66/EEC
                                                                        provides that the world market price, calculated for a
                                                                        Community frontier crossing point, is to be determined
Whereas the subsidy on oil seeds should, theoretically, be             on the basis of the most favourable purchasing opportuni­
equal to the difference between those two prices ;                     ties, quotations being adjusted where necessary to take
                                                                       account of quotations for competing products ;
Whereas the target price and the monthly increases in the
target price for colza, rape and sunflower seed for the                Whereas Article 4 of Council Regulation No 115/67/EEC
 1991 /92 marketing year were fixed by Council Regula­                 of 6 June 1967 laying down criteria for determining
tions (EEC) No 1722/91Q and (EEC) No 1723/91 («) ;                     world market prices for oil seeds and fixing the frontier
                                                                       crossing point ("), as last amended by Regulation (EEC)
(l)  OJ No   172, 30. 9. 1966, p.  3025/66.                            No 1983/82 (12), fixed the said crossing point at
0    OJ No   L 162, 26. 6. 1991 ,  p. 27.                              Rotterdam ; whereas Article 1 of that Regulation provides
(J)  OJ No   L 164, 24. 6. 1985,   p. 11 .
0    OJ No   L 279, 7. 10. 1991 ,  p. 43.
0    OJ No   L 167, 25. 7. 1972,   p. 9.                               0 OJ No L 237, 1 . 9. 1990, p. 7.
(*)  OJ No   L 201 , 31 . 7. 1990, p. 11 .                             (,0) OJ No L 268, 29. 9. 1990, p. 86.
o    OJ No   L 162, 26. 6. 1991 ,  p. 31 .                             (») OJ No 111 , 10. 6. 1967, p. 2196/67.
o    OJ No   L 162, 26. 6. 1991 ,  p. 33.                              (,2) OJ No L 215, 23. 7. 1982, p. 6.
 ---pagebreak---    19. 10. 91                           Official Journal of the European Communities                             No L 289/31
  that when the world market price is being determined             be determined on the basis of the value of the average
  account should be taken of all offers on the world market        quantities of oil and oil cake resulting from the proces­
  known to the Commission and of quotations on those               sing of 100 kilograms of seed within the Community less
  exchanges which are significant for international trade ;        an amount corresponding to the cost of processing these
  whereas Article 2 of Regulation No 225/67/EEC provides '         seeds into oil and oil cake ; whereas the quantities and
  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 Article 3 of Regulation No 115/67/EEC provides
 Whereas offers and quotations relating to quantities of          that, where no offer or quotation can be used as a basis
  less than 500 tonnes and offers relating to seed of a           for determining the world market price and where it is,
  quality other than that normally acceptable on the world        moreover, impossible to establish the value of the oil or
  market must also be disregarded ;                               oil cake processed from such seed, the world market price
                                                                  should be determined on the basis of the most recent
                                                                  known value for oil or oil cake, adjusted to take account
 Whereas Article 3 of Regulation No 225/67/EEC provides           of the trend of world prices for competing products by
 that of the offers and quotations taken into consideration,      applying to that value the rules set out in Article 2 of
 those for delivery c and f should be increased by 0,2 % ;        Regulation No 1 1 5/67/EEC ; whereas Article 7 of Regula­
 whereas offers and quotations for delivery fas, fob or           tion No 225/67/EEC defines competing products as those
 otherwise should be increased, as appropriate, by loading,       oils or oil cakes, as the case may be, which appear to have
 transport and insurance costs from the point of shipment         been offered in the largest quantities on the world market
 or loading to the frontier crossing point ; whereas cif          during the period under consideration ;
 offers and quotations for frontier crossing points other
 than Rotterdam should be adjusted to allow for the diffe­
 rence in transport and insurance costs as compared with a
 product delivered cif Rotterdam ; whereas the Commis­            Whereas, under Article 6 of Regulation No 115/67/EEC,
 sion should take account only of the loading, transport          the price determined for colza, rape and sunflower seeds
 and insurance costs which to its knowledge are the               must also be adjusted by an amount not exceeding the
 lowest ; whereas, finally, offers and quotations for delivery    margin, as calculated in accordance with that Article,
 cif Rotterdam should be increased by ECU 0,242 ;                 where that margin may affect the normal disposal of seeds
                                                                  harvested in the Community ;
Whereas Article 5 of Regulation No 1 1 5/67/EEC provides
 that the world market price should be determined for
seed of the standard quality for which the target price has       Whereas Council Regulation (EEC) No 1594/83 of 14
been fixed, delivered in bulk :                                   June 1983 on the subsidy for oil seeds ('), as last amended
                                                                  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 2964/91 (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
and of the characteristics of these various seeds ;              2681 /83 :
                                                                 (') OJ  No   L 163, 22. 6. 1983, p. 44.
Whereas Article 2 of Regulation No 115/67/EEC provides           (2) OJ  No   L 132, 23. 5. 1990, p. 15.
that, where no offer or quotation can be used as a basis         0   OJ  No   L 266, 28. 9. 1983, p. 1 .
for determining the world market price, that price should        (4) OJ  No   L 282, 10. 10. 1991 , p. 15.
 ---pagebreak---   No L 289/32                             Official Journal of the European Communities                                19. 10. 91
  Whereas Article 37 of Regulation (EEC) No 2681 /83                 (b) for Member States other than those referred to in (a),
  provides that the corrective amount must be equal to the               the difference between :
  difference between the world market price for colza, rape              — the agricultural conversion rate, and
  and sunflower seeds and the forward price for those seeds
  valid for a shipment effected during the month in which                — the average rate of the ecu as published in the C
  the seeds were placed under control at an oil mill, those                  Series of the Official Journal of the European
  prices being determined in accordance with Articles 1 , 4                  Communities during a period to be determined
  and 5 of Regulation No 115/67/EEC ; whereas, if no offer                   multiplied by the factor referred to in the second
  and no price can be used for such determination, the                       indent of point (a) ;
  method of calculation provided for in Article 37 of Regu­
  lation (EEC) No 2681 /83 should be used ; whereas the
 abovementioned difference may be adjusted in accordance            Whereas Regulation (EEC) No 1813/84 specifies the spot
 with Article 38 of Regulation (EEC) No 2681 /83, account           and forward exchange rates and the period to be used for
 being taken of the prices of the main competing cereals ;          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 months, as the case may
                                                                    be, must be used ;
 Whereas the aid for colza, rape or sunflower seed
 harvested or processed in Spain or Portugal is to be               Whereas the subsidy should be fixed whenever the
 adjusted as provided for in Council Regulation (EEC) No            market situation makes it necessary and in such a way as
 478/86 (') ; whereas this aid is, for seed harvested in these      to ensure its being applied at least once a week ; whereas
 Member States, to be determined in line with the provi­            the subsidy may be altered whenever it becomes obvious
 sions of Articles 95 (2) and (3) and 293 (2) and (3) of the        that such alteration is necessary ;
 Act of Accession ;
                                                                    Whereas it follows from applying these provisions to the
                                                                    offers and quotations known to the Commission that,
                                                                    pursuant to Article 33 of Regulation (EEC) No 2681 /83
                                                                    the amount of the subsidy in ecus and the amount of the
 Whereas Article 33 of Regulation (EEC) No 2681 /83                 subsidy in each of the national currencies must be fixed
 provides for the publication of the amount of the final            in accordance with the Annex to this Regulation ;
 subsidy obtained from the conversion into' each of the             whereas, pursuant to the same Article, the spot and
 national currencies of the amount in ecus resulting from           forward exchange rates for the ecu in national currencies
 the calculation referred to above plus or minus the diffe­         determined in accordance with Article 4 of Regulation
 rential amount ; whereas Article 1 of Commission Regula­           (EEC) No 1813/84 must also be published,
 tion (EEC) No 1813/84 (2), as last amended by Regulation
 (EEC) No 1 539/90 (3), defined the elements which deter­
 mine the differential amounts ; whereas these elements
 are equal to the incidence on the target price less percen­
 tage referred to in Article 5, paragraph 1 of the said regu­       HAS ADOPTED THIS REGULATION :
 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
 percentage represents :
                                                                                             Article 1
                                                                    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 :
                                                                    2.     However, the amount of the aid for the 1991 /92
      — the conversion        rate  used under the    common
                                                                    marketing year for colza, rape and sunflower seed shall be
          agricultural policy, and                                  confirmed or replaced with effect from 19 October 1991
                                                                    to take account of the consequences of the maximum
      — the conversion rate resulting from the central rate        guaranteed quantity arrangements for the 1991 /92 marke­
          multiplied by the correcting factor referred to in       ting year.
          Article 6 (1 ) of Regulation (EEC) No 1677/85 (4), as
          last amended by Regulation (EEC) No 2205/90 (*) ;
                                                                                             Article 2
(') OJ No L 53, 1 . 3. 1986, p. 55.
(2) OJ No L 170, 29. 6. 1984, p. 41 .
(3) OJ No L 145, 8. 6. 1990, p. 20.
(4) OJ No L 164, 24. 6. 1985, p. 6.                                This Regulation shall enter into force on 19 October
0 OJ No L 201 , 31 . 7. 1990, p. 9.                                 1991 .
 ---pagebreak--- 19. 10 . 91                    Official Journal of the European Communities                        No L 289/33
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 18 October 1991 .
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission
 ---pagebreak---   No L 289/34                                      Official Journal of the European Communities                                                    19 . 10. 91
                                                                             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
                                                           io o                ll (')        12 (')              10                2 (-)             30
  1 . Gross aids (ECU):
      — Spain                                                17,234             17,532         17,790             17,958            16,496            16,774
      — Portugal                                            24,204              24,502        24,760             24,928            23,466             23,744
      — Other Member States                                 17,234              17,532         17,790             17,958            16,496            16,774
 2. Final aids :
      Seed harvested and processed in :
      — Federal Republic of Germany (DM)                    40,57               41,27         41,88              42,28             38,83             39,49
      — Netherlands (Fl)                                    45,71               46,50         47,19              47,63             43,76             44,49
      — BLEU (Bfrs/Lfrs)                                  836,82              851,29        863,82             871,97            800,98             814,48
      — France (FF)                                       136,07              138.43         140,46             141,79            130,25            132,44
      — Denmark (Dkr)                                     154,76              157.44         159,75             161,26            148,13            150,63
      — Ireland (£ Irl)                                     15,145              15,407        15,633             15,781            14,496             14,741
      — United Kingdom (£)                                  13,602              13,840        14,045             14,178            13,003             13,225
      — Italy (Lit)                                   30 357             30 882          31 336            31 632             29 057            29 491
      — Greece (Dr)                                     4 231,29           4 290,51       4 318,43           4 323,89          3 932,48           3 879,01
      — Spain (Pta)                                     2 636,73           2 681,54       2 720,41           2 743,22          2 526,59           2 555,12
      — Portugal (Esc)                                  5 130,28           5 192,15       5 245,90           5 276^5           4 980,80           5 008,71
(') Amount fixed provisionally, pending and subject to the application of the maximum guaranteed quantity arrangements for the 1991 /92 marketing year, confor­
      ming to the adjustment resulting from the maximum guaranteed quantity arrangements applied for the 1990/91 marketing year for Member States other than
     Spain.
                                                                           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
                                                          io o                110            12 0               1 (')             20                 30
 1 . Gross aids (ECU) :
      — Spain                                               18,484              18,782        19,040             19,208            17,746            18,024
      — Portugal                                            25,454             25,752         26,010             26,178            24,716            24,994
      — Other Member States                                 18,484              18,782        19,040             19,208            17,746            18,024
2. Final aids :
      Seed harvested and processed in :
      — Federal Republic of Germany (DM)                   43,51               44,22          44,82              45,22             41,78             42,43
      — Netherlands (Fl)                                   49,03               49,82          50,50              50,95             47,07             47,81
      — BLEU (Bfrs/Lfrs)                                  897,51             911,98         924,51             932,67            861,68             875,18
      — France (FF)                                       145,94              148,30        150,33             151,66            140,12             142,31
      — Denmark (Dkr)                                     165,98              168,66        170,98             172,49            159,36             161,85
      — Ireland (£ Irl)                                     16,243              16,505        16,732             16,880            15,595            15,839
      — United Kingdom (£)                                  14,596              14,834        15,039             15,172            13,998            14,219
      — Italy (Lit)                                   32 559             33 084         33 538             33 834            31 259            31 693
      — Greece (Dr)                                    4 546,44           4 605,66        4 633,58           4 639,04          4 247,63          4 194,16
      — Spain (Pta)                                    2 825,26            2 870,07       2 908,95           2 931,75          2 715,12          2 743,65
      — Portugal (Esc)                                 5 391,12            5 453,00       5 506,74           5 537,79          5 241,64          5 269,56
(') Amount fixed provisionally, pending and subject to the application of the maximum guaranteed quantity arrangements for the 1991 /92 marketing year, confor­
     ming to the adjustment resulting from the maximum guaranteed quantity arrangements applied for the 1990/91 marketing year for Member States other than
     Spain.
 ---pagebreak---  19. 10. 91                                        Official Journal of the European Communities                                               No L 289/35
                                                                           ANNEX III
                                                                   Aids to sunflower seed
                                                                                                                                         (amounts per 100 kg)
                                                          Current              1st period           2nd period          3rd period             4th period
                                                            10C)                  11 (')                12 0                 M')                   2 (')
 1 . Gross aids (ECU):
     — Spain                                                 25,423                25,849                26,180              26,653                26,137
     — Portugal                                              32,614                33,038                33369               33,840                33,339
     — Other Member States                                   20,374                20,798                21,129              21,600                21,099
2. Final aids :
     (a) Seed harvested and processed in (2) :
         — Federal Republic of Germany
            (DM)                                             47,96                 48,96                 49,74               50,85                 49,67
         — Netherlands (Fl)                                  54,04                 55,17                 56,05               57,30                 55,97
         — BLEU (Bfrs/Lfrs)                                989,29              1 009,87              1 025,95            1 048,82               1 024,49
         — France (FF)                                     160,87                 164,21               166,83               170,55                166,59
         — Denmark (Dkr)                                   182,96                 186,76               189,74              193,97                 189,47
         — Ireland (£ Irl)                                   17,904                18,277                18,568              18,982                18,541
         — United Kingdom (£)                                16,074                16,412                16,676              17,052                16,648
         — Italy (Lit)                                  35 888                36 635               37 218              38 047                 37 165
         — Greece (Dr)                                   4 995,43              5 083,14              5 120,90            5 197,71              5 060,84
         — Portugal (Esc)                                6 901,88              6 989,60              7 058,44            7150,47               7 050,06
     (b) Seed harvested in Spain and
         processed :
         — in Spain (Pta)                                3 880,27              3 944,14              3 993,96            4 061,68              3 985,61
         — in another Member State (Pta)                 3 948,67              4 012,28             4 062,10             4 129,52              4 055,75
(') Amount fixed provisionally, pending and subject to the application of the maximum guaranteed quantity arrangements for the 1991 /92 marketing year, confor­
     ming to the adjustment resulting from the maximum guaranteed quantity arrangements applied for the 1990/91 marketing year.
0 For seed harvested in Member States other than Spain and processed in Spain, the amounts shown in 2 (a) to be multiplied by 1,0186140.
                                                                          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                                              2,047710             2,046620             2,045630          2,044930          2,044930            2,042500
Fl                                              2,309260             2308090              2307010           2,305790          2,305790            2,303410
Bfrs/Lfrs                                      42,162200           42,137100             42,116600         42,090700         42,090700           42,025600
FF                                              6,977250             6,973670             6,970560          6,967840          6,967840            6,958790
Dkr                                             7,896630             7,894970             7,893700          7,890890          7,890890            7,890260
£Irl                                            0,766435             0,766037             0,765725          0,765695          0,765695            0,764222
£                                               0,703783             0,704121             0,704363          0,704361          0,704361            0,704359
Lit                                        1 531,05            1 532,73             1 534,29           1 536,13          1 536,13            1 541,54
Dr                                           227,86700           229,98000            232,20400          234,34700         234,34700           240,98600
Esc                                          1 75,92700          176,20000            176,57400          177,06700         177,06700           178,64500
Pta                                          129,10200           129,41700            129,67600          129,90000         129,90000           130,57500