No C 82/32 Official Journal of the European Communities 3. 4. 89 
issued on the afternoon of the first working day 
following that on which the application was lodged. 
The issuing of the advance fixing part of the certificate 
shall be conditional on the lodging of security against an 
application for identification of the beans during the 
period of validity of that part of the certificate. The 
security shall be wholly or partly forfeit if during that 
period the application for identification is not made or 
is made for only part of the quantity concerned. 
Article 4c 
1. Where the aid is fixed in advance the rate applicable 
on the day on which the application lodged shall be 
adjusted in line with: 
(a) the difference between the guide price valid on that 
day and that valid on the day on which the beans are 
identified, and 
(b) if necessary, a corrective amount. 
2. The corrective amount indicated at (b) in para­
graph 1 shall be determined in accordance with the 
trend of soya bean prices on the world market. 
3. If world market prices cannot be determined the 
amount shall be fixed for the month or months in 
question at a level such that the aid is nil. 
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 Act of Accession of Spain and 
Portugal, and in particular Article 89(1) thereof, Article 4d 
1. If owing to an abnormal situation on the Com­
munity soya bean market the normal disposal of 
products harvested in the Community is disturbed or is 
likely to be disturbed a decision may be taken, covering 
cases where the advance fixing part of the certificate has 
not yet been issued, to suspend advance fixing of the aid 
for the period required for market balance to be 
restored. 
2. The decision to suspend advance fixing shall be 
taken using the procedure laid down in Article 38 of 
Regulation No 136/66/EEC. 
However in cases of emergency the Commission may 
itself decide to suspend advance fixing. In such cases the 
period of suspension may not exceed seven days.' 
Article 2 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
It shall apply from 1 September 1989. 
Having regard to Council Regulation (EEC) No 1431/82 of 
18 May 1982 laying down special measures for peas and 
field beans (!), as last amended by Regulation (EEC) 
No 1104/88 (2), and in particular Article 2(1) and (5) and 
Article 3(3) thereof, 
(!) OJ No L 162, 12. 6. 1982, p. 28. 
(2) OJ No L 110, 29. 4. 1988, p. 16. This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at... 
For the Council 
Proposal for a 
COUNCIL REGULATION (EEC) No ... 
of... 
fixing, for the 1989/90 marketing year, the activating price for aid, the guide price 
and the minimum price for peas, field beans and sweet lupins 
(89/C 82/26) 
3. 4. 89 Official Journal of the European Communities No C 82/33 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parliament, 
Having regard to the opinion of the Economic and Social 
Committee, 
Whereas Article 2(2) of Regulation (EEC) No 1431/82 
provides that a price activating the aid for peas, field beans 
and sweet lupins must be fixed for soya cake at a level 
which, while ensuring a fair income for producers, enables 
peas, field beans and sweet lupins to compete normally 
with soya cake for use in animal feed; 
Whereas this activating price for aid for peas, field beans 
and sweet lupins must relate to a standard quality of soya 
cake which is representative of the average quality sold on 
the Community market; 
Whereas Article 2(3) of Regulation (EEC) No 1431/82 
provides that the guide price for peas and field beans for 
human consumption must be fixed at a level which is fair to 
producers, taking account of the Community's supply 
requirements; whereas this price must relate to a standard 
quality; 
Whereas Article 3 of Regulation (EEC) No 1431/82 
provides for the fixing of a minimum price which, allowing 
for market fluctuations and for the cost of transport of the 
products from producer to processor, enables producers to 
obtain a fair return; 
Whereas under Article 68 of the Act of Accession prices in 
Spain have been set at a level differing from that of the • 
common prices for sweet lupins; whereas pursuant to 
Article 70(1) of the Act of Accession Spanish prices should 
be aligned with the common prices in annual steps at the 
beginning of each marketing year; whereas the rules on this 
alignment laid down give the Spanish prices set out below, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. For the 1989/90 marketing year the activating price for 
aid, as referred to in Article 2 of Regulation (EEC) 
No 1431/82, shall be: 
(a) for Spain 
— 44,76 ecus per 100 kilograms, for peas and field 
beans, 
— 41,47 ecus per 100 kilograms, for sweet lupins; (b) for the other Member States 
— 44,76 ecus per 100 kilograms, for peas and field 
beans, 
— 43,05 ecus per 100 kilograms, for sweet lupins. 
2. The price referred to in paragraph 1 shall relate to soya 
cake having 
— a total crude protein content of 44 %, 
— a moisture content of 11 %. 
Article 2 
1. For the 1989/90 marketing year, the guide price, as 
referred to in Article 2 of Regulation (EEC) No 1431/82, 
shall be: 
(a) for Spain, 29,52 ecus per 100 kilograms, for peas and 
field beans; 
(b) 29,52 ecus per 100 kilograms, for peas and field beans 
for the other Member States. 
2. The price referred to in paragraph 1 shall relate to 
products in bulk, sound, genuine and of merchantable 
quality, with 3 % impurities and, for the product as such, 
14 % moisture content. 
Article 3 
1. For the 1989/90 marketing year the minimum 
purchase price shall be: 
(a) for Spain 
— 25,77 ecus per 100 kilograms, for peas, 
— 23,47 ecus per 100 kilograms, for field beans, 
— 28,09 ecus per 100 kilograms, for sweet lupins; 
(b) for the other Member States 
— 25,77 ecus per 100 kilograms, for peas, 
— 23,47 ecus per 100 kilograms, for field beans, 
— 28,90 ecus per 100 kilograms, for sweet lupins. 
2. The price referred to in paragraph 1 shall relate to 
products in bulk, sound, genuine and of merchantable 
quality, with 3 % impurities and, for the product as such, 
14 % moisture content. 
Article 4 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
It shall apply with effect from 1 July 1989. 
No C 82/34 Official Journal of the European Communities 3. 4. 89 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at... 
For the Council 
Proposal for a 
COUNCIL REGULATION (EEC) No ... 
of... 
fixing, for the 1989/90 marketing year, the monthly increases in the activating threshold price, 
the guide price and the minimum price for peas and field beans 
(89/C 82/27) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, 
Having regard to Council Regulation (EEC) No 1431/82 of 
18 May 1982 laying down special measures for peas and 
field beans (!), as last amended by Regulation (EEC) 
No ... (2), and in particular Article 2a thereof, 
Having regard to the proposal from the Commission, 
Whereas, under Article 2a of Regulation (EEC) No 1431/ 
82, the amounts by which the activating threshold price, the 
guide price and the minimum price for peas and field beans 
respectively are increased each month over a period to be 
determined running from the beginning of the third month 
of the marketing year should be fixed for the 1989/90 
marketing year and the number of months during which 
these increases are applied determined; should be restricted to five at the end of the marketing year; 
whereas, however, to avoid the excessively violent 
disturbance of the market that might well result from such 
a reduction in the number of monthly increases from that 
applied in previous years, there should be seven in the 1989/ 
90 marketing year, the subsequent reduction being deferred 
to 1990/91, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. For the 1989/90 marketing year, the amount of the 
monthly increases in the guide price and the minimum price 
for peas and field beans shall be fixed at 0,135 ecus per 100 
kilograms. 
2. The increases referred to in paragraph 1 shall be 
applied for seven months from the beginning of the fourth 
month of the marketing year. 
Article 2 
Whereas these increases, equal for each of the months, 
must be fixed bearing in mind the average storage costs and 
the level of interest rates recorded in the Community; 
whereas the average storage costs should be established on 
the basis of the cost of warehousing in appropriate 
premises and the handling costs necessary for proper 
preservation; whereas interest may be calculated on the 
basis of the rate considered as normal for the regions of 
production; 
Whereas in the interests of steady disposal of the harvest 
and sound market management the monthly increases 1. For the 1989/90 marketing year, the amount of the 
monthly increases in the activating threshold price of peas 
and field beans shall be fixed at 0,30 ecus per 100 
kilograms. 
2. The increases referred to in paragraph 1 shall be 
applied for seven months from the beginning of the fourth 
month of the marketing year. 
Article 3 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
(!) OJ No L 162, 12. 6. 1982, p. 28. 
(2) OJ No L ... It shall apply as from 1 July 1989.