30. 5. 88 Official Journal of the European Communities No C 139/29 
— who have provided proof of the sale or delivery of 
the soya beans to a processor.' 
Article 2 
This Regulation shall enter into force on the third day 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, 
Having regard to Council Regulation (EEC) No 1491/85 of 
23 May 1985 laying down special measures for soya 
beans (1), as last amended by Regulation (EEC) No ..., and 
in particular Article 2(6) thereof, 
Having regard to the proposal from the Commission, 
Whereas Community production of soya beans has risen 
sharply in recent years; whereas the system for verifying 
entitlement to the aid and the amount of the aid to be 
granted in the case of advance fixing should be adjusted to 
this new situation; 
Whereas, so as to adjust the amount of the aid better to the 
market situation, in the case of advance fixing of the aid, 
that amount should be corrected depending on the changes 
in the guide price and the price trends on the world market; 
Whereas, where an abnormal situation threatens to cause 
disturbance of the market, the possibility of fixing the 
amount of the aid in advance should be suspended; 
whereas it must be possible to decide on that suspension 
and implement it urgently; 
Whereas Council Regulation (EEC) No 2194/85 (2), as last 
amended by Regulation (EEC) No ..., must be adapted 
accordingly, 
(!) OJ No L 151, 10. 6. 1985, p. 15. 
(2) OJ No L 204, 2. 8. 1985, p. 1. following its publication in the Official Journal of the 
European Communities. 
It shall apply from 1 September 1988. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 2194/85 is hereby amended as 
follows: 
1. Article 2 is replaced by the following: 
'Article 2 
1. The aid provided for in Article 2(2) of Regulation 
(EEC) No 1491/85 shall be granted on application to 
any processor of soya beans harvested and processed in 
the community who: 
(a) meets at least the following conditions: 
— he keeps stock records meeting requirements to 
be laid down, 
— he undertakes to furnish any further supporting 
documents that may prove necessary for the 
purpose of checking entitlement to the aid, 
— he undertakes to declare the cases referred to in 
the second subparagraph of Article 6(1); 
(b) submits, before a date to be determined, to the 
competent agency of the Member State in which the 
beans are harvested: 
— a contract concluded with the producer specify­
ing certain conditions, 
— a declaration of the quantity of soya beans 
actually delivered; that document shall be signed 
by both parties. 
2. Where a Member State has national laws governing 
the marketing of soya beans and where such laws 
provide sufficient guarantees as regards the checking of 
entitlement to the aid, the Member State may grant the 
aid to first purchasers who are not processors, provided 
that they are approved beforehand, that they meet the 
conditions laid down for processors, and that they 
submit to the agency designated by the Member State in Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 2194/85 adopting 
general rules concerning special measures for soya beans 
(88/C 139/26) 
No C 139/30 Official Journal of the European Communities 30. 5. 88 
question a declaration indicating the quantity of soya 
beans sold or delivered to a processor.' 
2. The last subparagraph of Article 3 is replaced by the 
following: 
'However, on application by the first purchaser, the aid 
may be paid in advance on presentation of the delivery 
declaration referred to in Article 2(1) (b) provided that a 
security equal to the highest amount of the aid applied 
for is lodged.' 
3. Article 4 is replaced by the following: 
'Article 4 
1. The amount of the aid shall be that applicable on 
the day on which the party concerned submits an aid 
application to the competent agency of the producer 
Member State. The amount of that aid shall be 
applicable to quantities of beans processed or, as the 
case may be, delivered or sold by the first purchaser in 
the month during which the aid application was 
submitted. 
However, the amount of the aid applicable on the day 
on which the aid application is submitted, adjusted 
pursuant to Article 4a, shall be applied, on application 
together with the aid application by the party con­
cerned, to quantities of beans processed or, as the case 
may be, delivered or sold within the time limits laid 
down in the second subparagraph of paragraph 2. 
2. Aid applications shall relate to all the production to 
be delivered under one or more contracts or to all the 
quantity received under one or more delivery declar­
ations relating to one or more contracts and shall be 
signed by the producer and the first purchaser. Aid 
applications shall be submitted after the said contracts 
or declarations are lodged. 
If applications are submitted by: 
(a) a first purchaser who processes the soya beans, it 
shall entail the obligation on him to process the 
production or the quantity indicated within a time 
limit to be determined, and the aid application must 
be submitted before processing; 
(b) a first purchaser other than the processor of the soya 
beans, it shall entail the obligation on him to deliver 
or sell production or the quantity indicated to a 
processor within a time limit to be determined, and 
the aid application must be lodged before the 
dispatch of the products. 
3. In the case referred to in the second subparagraph 
of paragraph 1, aid applications must be accompanied 
by a security ensuring compliance with the obligations provided for in the second subparagraph of para­
graph 2. 
Except in cases of force majeure, that security shall be 
forfeit, in whole or in part, if the abovementioned 
conditions are not met or are met only partially within 
the time limit laid down.' 
4. The following Article 4a is inserted: 
'Article 4a 
In the case of advance fixing of the aid, the amount of 
the aid applicable on the day the aid applications are 
submitted shall be adjusted by: 
— the difference between the guide price applicable on 
that day and, depending on the case set out in Article 
4(2), that applicable on the day of processing or that 
applicable on the day of delivery or sale; 
— a corrective amount calculated taking account of the 
trend in the forward prices on the world market.' 
5. The following Article 4b is inserted: 
'Article 4b 
1. In abnormal situations and where such situations 
are causing or threaten to cause disturbance of the 
Community market in soya beans, a decision may be 
taken to suspend the advance fixing of aid for the period 
necessary for balance to be restored on the market. 
2. The suspension provided for in paragraph 1 may be 
extended to applications for aid fixed in advance which 
are submitted in the three working days preceding that 
of its entry into force where: 
(a) there is a substantive error in the amount of the aid 
which is published, 
(b) certain factors may lead to discrimination between 
the parties concerned. 
3. Suspension of advance fixing shall be decided on in 
accordance with the procedure laid down in Article 38 
of Regulation No 136/66/EEC. 
However, in an emergency, the Commission may decide 
on such a suspension; in such cases, the duration of 
suspension may not exceed five days.' 
6. The following subparagraph is added to Article 6(1): 
'Each time the quantity delivered by a producer to a first 
purchaser exceeds that which may be reasonably 
30. 5. 88 Official Journal of the European Communities No C 139/31 
produced on the area concerned and in doubtful cases, 
the Member State shall carry out suitable checks.' 
7. The following paragraph is added to Article 8: 
'For the purposes of approving first purchasers other 
than processors, the Member States shall forward to the 
Commission national provisions on the marketing of 
soya beans as referred to in Article 2(2) and shall take 
account of the opinion on the effectiveness of the 
criteria for approval and of the checks provided for, 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, 
Having regard to the Act of Accession of Spain and 
Portugal, and in particular Article 89(1) thereof, 
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 ..., 
and in particular Article 2(1) and (5) and Article 3(3) 
thereof, 
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 delivered by the Commission before the end of the 
month following the forwarding of the provisions.' 
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 1988. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
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 1988/1989 marketing year the activating price 
for aid, as referred to in Article 2 of Regulation (EEC) 
No 1431/82, shall be: 
(a) for Spain: Proposal for a Council Regulation (EEC) fixing, for the 1988/1989 marketing year, the activating 
price for aid, the guide price and the minimum price for peas, field beans and sweet lupins 
(88/C 139/27) 
(!) OJ No L 162, 12. 6. 1982, p. 28. — 44,76 ECU per 100 kilograms, for peas and field 
beans,