COUNCIL REGULATION (EEC) No 1724/91 of 13 June 1991 amending Regulation (EEC) No 1491/85 laying down special measures in respect of soya beans

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas the support schemes for oilseeds applicable from 1 July 1992 need to be adjusted; whereas the Council must accordingly take decisions in good time on the future scheme;

Whereas, if the Council fails to take these decisions in good time, the Commission will have to have the authority to lay down the transitional measures strictly needed in order to avoid market disruption;

Whereas the end of the 1991/92 marketing year for soya beans should accordingly be brought forward to 30 June 1992;

Whereas the maximum guaranteed quantity system provided for in Article 3a of Regulation (EEC) No 1491/85 (4), as last amended by Regulation (EEC) No 2217/88 (5), should be extended for one last marketing year;

Whereas in order to improve the accuracy of the production estimate under this system, the final date for the said estimate should be postponed to the end of January;

Whereas the support level for soya beans in Spain must be the same for the 1991/92 marketing year as that obtaining in the remainder of the Community, up to the limit of the area sown under contract in Spain for 1990,

HAS ADOPTED THIS REGULATION:

Article 1

Notwithstanding Article 1 (2) of Regulation (EEC) No 1491/85, the 1991/92 marketing year for soya beans shall end on 30 June 1992.

Article 2

Regulation (EEC) No 1491/85 is hereby amended as follows:

1. The following subparagraph shall be added to Article 3a (1):

'Notwithstanding the preceding subparagraph, the Council shall fix the maximum guaranteed quantity for the 1991/92 marketing year only, at the same level as for the 1990/91 marketing year.'

2. In Article 3a (3), the words 'estimated before the end of the second month of the marketing year' shall be replaced by the words 'before the end of January'.

3. In Article 3a (3), the following subparagraph shall be added:

'Notwithstanding the first and second subparagraphs, the adjustment of the amount of aid for soya beans produced in Spain for the 1991/92 marketing year shall be fixed so that the adjusted guide price is the same in Spain as in the Community as constituted on 31 December 1985, up to the limit of the area sown under contract for 1990.'

Article 3

In accordance with the procedure laid down in Article 43 (2) of the EEC Treaty, the Council shall by 31 October 1991 at the latest take a decision on the new scheme applicable to soya beans with effect from 1 July 1992.

Article 4

If the Council fails to take a decision by 31 October 1991, the Commission shall be authorized, in accordance with the procedure laid down in Article 38 of Regulation No 136/66/EEC, to adopt transitional measures strictly needed in order to avoid market disruption.

Article 5

This Regulation shall enter into force on the third day following publication in the Official Journal of the European Communities.

Articles 1 and 2 shall apply from 1 September 1991.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 13 June 1991.

For the Council

The President

A. BODRY

(1) OJ No C 104, 19. 4. 1991, p. 40.(2) OJ No C 158, 17. 6. 1991.(3) OJ No C 159, 17. 6. 1991.(4) OJ No L 151, 10. 6. 1985, p. 15.(5) OJ No L 197, 26. 7. 1988, p. 11.