CELEX: 31974R0737
Language: en
Date: 1974-03-30 00:00:00
Title: Regulation (EEC) No 737/74 of the Commission of 29 March 1974 fixing the amount of the subsidy on oil seeds

No L 86/30                              Official Journal of the European Communities                             30 . 3 . 74
                              REGULATION (EEC) No 737/74 OF THE COMMISSION
                                                       of 29 March 1974
                                      fixing the amount of the subsidy on oil seeds
THE COMMISSION OF THE EUROPEAN                                     mining world market prices for oil seeds and fixed the
COMMUNITIES,                                                       frontier crossing point, fixed at Rotterdam ;
                                                                   Whereas Article 1 of that Regulation provides that
Having regard to the Treaty establishing the European              when the world market price is being determined
Economic Community ;                                               account should be taken of all offers on the world
                                                                   market known to the Commission and of quotations
                                                                   on those exchanges which are significant for interna­
Having regard to Council Regulation No 136/                        tional trade ; whereas Article 2 of Commission Regula­
66/EEC ( ! ) of 22 September 1966 on the establish­                tion No 225/67/EEC (5) of 28 June 1967 on detailed
ment of a common organization of the market in oils                rules for determining the world market price for oil
and fats, as last amended by Regulation (EEC) No                   seeds, as last amended by the Act (6) annexed to the
1707/73 (2), and in particular Article 27 (4) thereof ;            Treaty (7) on the Accession of new Member States to
                                                                   the European Economic Community and the Euro­
                                                                   pean Atomic Energy Community, signed at Brussels
Having regard to the Opinion of the Monetary                       on 22 January 1972, provides that offers and quota­
Committee ;                                                        tions which do not relate to shipments to be effected
                                                                   within 30 days following the date on which the world
                                                                   market price is determined should be disregarded ;
Whereas Article 27 of Regulation No 136/66/EEC                     whereas offers and quotations which the Commission
provides that a subsidy should be granted in respect of            believes, in view of general price movements or infor­
oil seeds harvested and processed within the Commu­                mation available to it, not to be representative of the
nity when the target price for a species of seed is                real trend of the market must also be disregarded ;
higher than the price on the world market ; whereas                whereas offers and quotations relating to quantities of
these provisions apply only in respect of colza, rape              less than 500 metric tons and offers relating to seed of
and sunflower seeds ;                                              a quality other than that normally acceptable on the
                                                                   world market must also be disregarded ;
Whereas the subsidy on oil seeds should, theoretically,            Whereas Article 3 of Regulation No 225/67/ EEC
be equal to the difference between those two prices ;              provides that of the offers and quotations taken into
                                                                   consideration, those for delivery c and f should be
                                                                   increased by 0-2 % ; whereas offers and quotations for
Whereas the target price for each species of seed was              delivery fas, fob or otherwise should be increased, as
fixed by Council Regulation (EEC) No 1360 /73 (3) of               appropriate, by loading, transport and insurance costs
 15 May 1973 fixing target and basic intervention                  from the point of shipment or loading to the frontier
prices for oil seeds for the 1973/74 marketing year ;              crossing point ; whereas cif offers and quotations for
                                                                    frontier crossing points other than Rotterdam should
                                                                   be adjusted to allow for the difference in transport
                                                                   costs as compared with a product delivered cif
Whereas Article 29 of Regulation No 136/66/EEC                     Rotterdam ; whereas the Commission should take
provides that the world market price, calculated for a             account only of the loading, transport and insurance
Community frontier crossing point, is to be deter­                 costs which to its knowledge are the lowest ; whereas,
mined on the basis of the most favourable purchasing                finally, offers and quotations for delivery cif
opportunities, quotations being adjusted where neces­               Rotterdam should be increased by 0-20 unit of
sary to take account of quotations for competing                    account ;
products ;
                                                                   Whereas Article 5 of Regulation No 115/67/EEC
Whereas Article 4 of Council Regulation No 115/                     provides that the world market price should be deter­
67/EEC (4) of 6 June 1967 laid down criteria for deter­             mined for seed of the standard quality for which the
                                                                    target price has been fixed, delivered in bulk ;
(') OJ No   172, 30 . 9 . 1966, p. 3025/66.
(2) OJ No   L 175, 29.    6. 1973, p. 5.                            (5) OJ No 136, 30 . 6 . 1967, p. 2919/67.
(3) OJ No   L 141 , 28 .  5. 1973, p. 33 .                          (6) OJ No L 73, 27. 3 . 1972, p . 14.
(<) OJ No   111 , 10 . 6. 1967, p . 2196/67 .                       (7) OJ No L 73, 27 . 3 . 1972, p. 5 .
 ---pagebreak--- 30 . 3 . 74                       Official Journal of the European Communities                            No L 86/31
Whereas Article 3 of Regulation No 225/67/EEC               — the difference between the price of 100 kg of
provides that offers and quotations relating to                  colza, rape or sunflower seeds, plus processing
products presented otherwise than in bulk should be              costs, and the total of the prices of the quantities
adjusted by deducting the additional value resulting             of oil and oil cake resulting from the processing of
from that presentation ; whereas offers and quotations           the type of seed in question, and
relating to a quality other than the standard quality
for which the target price was fixed should be adjusted     — the difference between the price of 100 kg of one
on the basis of the coefficients of equivalence shown            or more other seeds, plus processing costs, and the
in the Annex to that Regulation ; whereas, in the case           total of the prices of the quantities of oil and oil
of offers on the world market for qualities of colza             cake resulting from the processing of these seeds ;
and rape seed other than those listed in that Annex,
coefficients of equivalence derived from those listed       Whereas the factors to be taken into consideration for
in that Annex may, pursuant to Article 4 of Regula­         the purpose of determining that margin are defined in
tion No 225/67/EEC, be applied ; whereas, when              Article 8 of Regulation No 225/67/EEC ; whereas no
derived coefficients are being calculated, account must     adjustment should be made where the margin is
be taken of the differences between prices for the qual­     found to be less than 0-50 unit of account ; whereas
ities of seed in question and prices for the qualities      Article 6 (2) of Regulation No 115/67/EEC provides
listed in that Annex, and of the characteristics of these    that, when the amount of the adjustment is being
various seeds ;                                             determined, account should be taken of the incidence
                                                            of the margin in question on marketing operations of
                                                             Community traders and on the disposal of the various
                                                            types of seed on the world market ;
Whereas Article 2 of Regulation No 115/67/EEC
provides that, where no offer or quotation can be used
as a basis for determining the world market price, that     Whereas Council Regulation (EEC) No 2114/71 (*) of
price should be determined on the basis of the value         28 September 1971 on the subsidy for oil seeds, as
of the average quantities of oil and oil cake resulting     amended by Regulation (EEC) No 2730/71 (2), laid
from the processing of 100 kg of seed within the             down rules for granting the subsidy on oil seeds ;
Community less an amount corresponding to the cost          whereas under that Regulation, where the subsidy to
of processing these seeds into oil and oil cake ;            be granted is fixed in advance, the amount of such
whereas the quantities and costs to be taken into           subsidy must be equal to the amount applicable on
consideration for the purposes of the calculation are       the day on which the application for advance fixing
fixed in Article 5 of Regulation No 225/67/EEC ;            was lodged, adjusted by the difference between the
whereas the value of those quantities should be deter­       target price valid on that day and the target price valid
mined in accordance with the provisions of Article 6         on the day on which the seeds are placed under
of that Regulation ;                                         control at an oil mill and, where appropriate, a correc­
                                                             tive amount ; whereas Article 36 of Commission Regu­
                                                             lation (EEC) No 1 204/72 (3) of 7 June 1972 laying
                                                            down detailed rules for the application of the subsidy
Whereas Article 3 of Regulation No 115/67/ EEC               system for oil seeds, as last amended by Regulation
provides that, where no offer or quotation can be used      (EEC) No 1 883/73 (4), provides that such adjustment
as a basis for determining the world market price and        should involve increasing or reducing the amount of
where it is, moreover, impossible to establish the value     subsidy applicable on the day on which the applica­
of the oil or oil cake processed from such seed, the         tion was lodged by the difference between the target
world market price should be determined on the basis         price valid during the month during which the seeds
of the most recent known value for oil or oil cake,          were placed under control at an oil mill and the target
adjusted to take account of the trend of world prices        price valid on the day on which the application was
for competing products by applying to that value the         lodged ;
rules set out in Article 2 of Regulation No 115/
67/ EEC ; whereas Article 7 of Regulation No 225/
67/EEC defines competing products as those oils or          Whereas Article 38 of Regulation (EEC) No 1204/72
oil cakes, as the case may be, which appear to have          provides that the corrective amount must be equal to
been offered in the largest quantities on the world          the difference between the world market price for
market during the period under consideration ;               colza, rape and sunflower seeds and the forward price
                                                             for those seeds valid for a shipment effected during
                                                             the month in which the seeds were placed under
                                                             control at an oil mill, those prices being determined
Whereas Article 6 ( 1 ) of Regulation No 115/67/EEC          in accordance with Articles 1 , 4 and 5 of Regulation
provides that, when the world market price of a type
of seed is being determined, the price used should be       0)   OJ  No  L 222,  2. 10 . 1971 , p. 2.
                                                            (2)  OJ  No  L 282,  23 . 12. 1971 , p . 18 .
adjusted by an amount not exceeding the margin              (3)  OJ  No  L 133 , 10 . 6 . 1972, p. 1 .
between :                                                   (4)  OJ  No  L 192,  13 . 7 . 1973, p . 29 .
 ---pagebreak--- No L 86/32                         Official Journal of the European Communities                           30 . 3 . 74
1 15/67/EEC ; whereas, if no offer and no price can be       case of pre-fixation for the months of July, August
used for such determination, the method of calcula­          and September 1974 the amount of subsidy on these
tion provided for in Article 38 of Regulation (EEC)          products has been obtainable only on the basis of the
No 1204/72 should be used ; whereas the abovemen­             indicative price for the month of July, August and
tioned difference may be adjusted pursuant to Article        September 1973, this amount may, therefore, be
39 of Regulation (EEC) No 1204/72, account being             applied on a temporary basis and should be confirmed
taken of prices for soya seeds on the world market ;         or replaced when the indicative price for the 1974/75
                                                              marketing year is known ;
Whereas the subsidy should be fixed whenever the
market situation makes it necessary and in such a way        Whereas it follows from applying all these provisions
as to ensure its being applied at least once a week ;        to the offers and quotations known to the Commis­
                                                             sion that the subsidy on colza, rape and sunflower
Whereas Article 34 of Regulation (EEC) No 1204/72             seeds should be fixed as shown in the Table annexed
provides that the subsidy fixed previously should be          to this Regulation,
retained if the variation in the factors used to calculate
it entails an increase or reduction in that subsidy of
less than 0-10 unit of account ; whereas the subsidy          HAS ADOPTED THIS REGULATION :
may be altered whenever it becomes obvious that such
alteration is necessary ;                                                            Article 1
Whereas, if the subsidy system is to operate normally,        1 . The amount of the subsidy referred to in Article
subsidies should be calculated on the following basis :       27 of Regulation No 136/66/EEC is hereby fixed as
— in the case of currencies which are maintained in           shown in the Table annexed to this Regulation .
    relation to each other, at any given moment,              2. The amount of the subsidy for the months of
    within a band of 2-25 % , a rate of exchange based       July, August and September 1974 will, however, as for
    on their effective parity ;                               colza and rape seeds, be confirmed or replaced as
— for other currencies an exchange rate based on the          from 1974 to take into account the indicative price
    arithmetic mean of the spot market rates of each         which is fixed for these products for the 1974/75
    of these currencies recorded for a given period, in       marketing year.
    relation to the Community currencies referred to
    in the previous subparagraph ;                                                   Article 2
Whereas in the absence of the indicative price for the       This Regulation shall enter into force on 1 April
1974/75 marketing year for colza and rape seed in             1974 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 29 March 1974.
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                   Member of the Commission
 ---pagebreak--- 30 . 3 . 74                         Official Journal of the European Communities                           No L 86/33
                                                        ANNEX
            to the Commission Regulation of 29 March 1974 fixing the amount of the subsidy on
                                                        oil seeds
            Subsidy applicable from 1 April 1974 to colza and rape seeds ( CCT heading No ex 12.01
                              and sunflower seeds ( CCT heading No ex 12.01 ) (u.a./lOO kg)
                                                                  Colza and rape seed       Sunflower seed
            Subsidy                                                        fi                     0
            Subsidy in the case of advance fixing
            — for the month of April                                       0                      0
            — for the month of May                                         0                      0
            — for the month of June                                        0                      0
            — for the month of July                                        0                      0
            — • for the month of August                                    0
             — for the month of September                                  0