No C 82/30 Official Journal of the European Communities 3. 4. 89 
month of the marketing year; whereas the terms of 
Article 1 of Regulation No 724/67/EEC are in their present 
form incompatible with the purpose of the abovemen-
tioned provision and must therefore be amended; 
Whereas the new wording should, in order to correspond 
with the provisions of Article 26 of Regulation No 136/66/ 
EEC as they now stand, refer to the intervention buying-in 
price, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Article 1 of Regulation No 724/67/EEC is amended to 
read: 
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 in respect of 
soya beans (*), as last amended by Regulation (EEC) 
No 2217/88 (2), and in particular Article 2(6) thereof, 
Having regard to the proposal from the Commission, 
Whereas in the interests of sound administration and of the 
greater economic effectiveness of the aid that will result if it 
is possible for it to be fixed in advance by operators there 'Article 1 
During the last month of the marketing year interven­
tion agencies shall buy in rape seed and sunflower seed 
at the intervention buying-in price applicable at the 
beginning of the year.' 
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 to rape seed from 1 July 1989 and to 
sunflower seed from 1 August 1989. 
should be introduced for soya beans the identification 
procedure applied to the oilseeds covered by Council 
Regulation No 136/66/EEC (3), as last amended by 
Regulation (EEC) No ... (4), and the use of certificates; 
Whereas in the interests of sound administration the 
certificates should also be used where the aid is fixed in 
advance; whereas in such cases, in order to prevent 
speculation, issuing of the licence should be made 
conditional on the lodging of security against a commit­
ment to identify the seed during the period of validity of the 
licence; 
Whereas it should as a temporary measure until 31 De­
cember 1992 be provided, in application of Article 2(2) of 
Regulation (EEC) No 1491/85, that the identification may 
be carried out on delivery of the beans to a non-processing 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... 
amending Regulation (EEC) No 2194/85 adopting general rules concerning special measures 
for soya beans 
(89/C 82/25) 
(!) OJ No L 151, 10. 6. 1985, p. 15. 
(2) OJ No L ... (3) OJ No 172, 30. 9. 1966, p. 3025. 
(4) See page 27 of this Official Journal. 
3. 4. 89 Official Journal of the European Communities No C 82/31 
first purchaser, provided that he complies with certain 
requirements; 
Whereas in order to make it easier for the oil or feed 
producer to calculate the cost price of his product the 
amount of the aid should not depend on the time at which 
processing is carried out; whereas the day on which the 
beans are identified should therefore be made the 
determining date for the amount of the aid; 
Whereas the principles to be applied for fixing the amount 
of the aid indicated in Article 2 of Regulation (EEC) 
No 1491/85 in abnormal situations should be determined; 
whereas moreover the terms under which it may be fixed in 
advance must be adopted; 
Whereas it should be made possible, for the purposes of 
remedying an abnormal situation on the Community 
market, for the aid to be changed and advance fixing 
suspended; whereas to this end it should be specified that 
advance fixing is to be granted only at the end of a short 
period following lodging of the application during which 
the market situation will be assessed; 
Whereas Council Regulation (EEC) No 2194/85 (*), as last 
amended by Regulation (EEC) No 3555/88 (2), should 
therefore be amended, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 2194/85 is hereby amended as 
follows: 
1. The second paragraph of Article 3 shall read: 
'However at the first purchaser's request the aid may be 
advanced following identification of the seed provided 
that security is lodged for an amount equivalent to that 
advanced.' 
2. Article 4 is replaced by the following Articles 4 to 4d. 
'Article 4 
1. For the purposes of this Regulation identification 
shall be the act whereby the competent agency of the 
Member State certifies on application by the interested 
party that the aid to be granted for the quantity of soya 
beans covered by the application shall be that applicable 
on the day when the application was lodged. 
(!) OJ No L 204, 2. 8. 1985, p. 1. 
(2) OJ No L 311, 17. 11. 1988, p. 8. Identification shall be carried out following entry of the 
beans into the processing undertaking but before 
processing. 
However in the case indicated in Article 2(2) identifi­
cation shall, up to 31 December 1992, be carried out 
following their entry into the store of the approved non-
processing first purchaser. 
2. On request by the interested party the Member 
State shall identify the beans. 
3. The aid shall be that applicable on the day on which 
the Member State identifies the beans. 
However the rate applicable on the day on which the 
application for the advance fixing part of the certificate 
indicated in Article 4a was lodged, adjusted in 
accordance with Article 4d, shall be applied at the 
interested party's request to seed identified during the 
period of validity of the advance fixing part of the 
certificate. 
4. The application for identification must relate to the 
entire quantity received under cover of one or more 
delivery declarations, signed by both the producer and 
the first purchaser, referring to one or more contracts. 
The application for identification must be lodged 
following lodgement of the said contracts and declar­
ations. If the application is lodged by 
(a) a first purchaser processing the beans, he shall be 
under an obligation to process the indicated 
production or quantity within a time limit to be 
determined. 
The application for identification must be lodged 
before processing. 
(b) a first purchaser other than the processor, he shall be 
under an obligation to deliver or sell the indicated 
quantity to a processor within a time limit to be 
determined. 
The application for identification must be lodged 
before removal of the products. 
Article 4a 
A two-part Community certificate shall be introduced, 
one part to provide evidence that beans harvested in the 
Community have been identified and the other to certify 
if appropriate that the aid has been fixed in advance. 
Both parts of the certificate shall be issued by the 
Member State on request by any interested party 
fulfilling the conditions specified in Article 2. 
Article 4b 
Save as otherwise provided in Article 4d the advance 
fixing part of the licence indicated in Article 4a shall be 
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)