No C 84/12 Official Journal of the European Communities 31. 3. 88 
Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1431/82 laying 
down special measures for peas, field beans and sweet lupins 
COM(88) 80 final 
(Submitted by the Commission to the Council on 23 February 1988) 
(88/C 84/04) 
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, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and Social 
Committee, 
Whereas there has in recent years been an exceptionally 
sharp increase in the Community's production of peas, field 
beans and sweet lupins; whereas it is advisable that 
production should grow at a more moderate and steady 
pace; whereas as a system should accordingly be intro­
duced whereby, if production exceeds a given maximum 
guaranteed quantity, the aid and the minimum price are 
reduced by an amount related to the difference between 
production and the said maximum guaranteed quantity; 
whereas Council Regulation (EEC) No 1431/82 (1), as last 
amended by Regulation (EEC) No 3127/86 (2), should 
therefore be amended accordingly, 
HAS ADOPTED THIS REGULATION: 
Article 1 
The following Article is inserted in Regulation (EEC) No 
1431/82: 
'Article 3a 
1. The Council, acting in accordance with the 
procedure provided for in Article 43(2) of the Treaty, 
shall each year fix a maximum guaranteed quantity for 
all Community-grown peas, field beans and sweet 
lupins as referred to in Article 1. 
However, the maximum guaranteed quantity shall be 
fixed for the 1988/1989, 1989/1990 and 1990/1991 
marketing years at the same time. 
(!) OJ No L 162, 12. 6. 1982, p. 28. 
(2) OJ No L 292, 16. 10. 1986, p. 1. 2. The maximum guaranteed quantity shall be fixed in 
the light of production during a reference period and the 
foreseeable trend in demand. 
3. Where the production of peas, field beans and sweet 
lupins, as estimated before the end of the second month 
of the marketing year, exceeds the maximum guaran­
teed quantity for the marketing year in question, the 
amount of the aid for that marketing year shall be 
reduced: 
— in the case of peas and field beans, by the incidence of 
a coefficient reflecting such excess on the guide price 
for those products, 
— in the case of sweet lupins, by the incidence of a 
coefficient reflecting such excess on the minimum 
price for those products plus the difference between 
the guide price and the minimum price for peas. 
In cases where the provisions of the first paragraph, if 
they had been applied to the actual level of production 
instead of the estimate of that production as made at the 
beginning of the marketing year, would have resulted in 
a different reduction in the amount of the aid, the 
maximum guaranteed quantity for the following 
marketing year shall be adjusted accordingly. 
4. In cases where the provisions of paragraph 3 are 
apllied, the minimum price shall be reduced by the same 
amount as the aid. 
5. The Council, acting by a qualified majority on a 
proposal from the Commission, shall adopt the rules for 
calculating the coefficient referred to in the first 
subparagraph of paragraph 3. 
6. Detailed rules for the application of this Article 
shall be adopted in accordance with the procedure laid 
down in Article 12 of Regulation (EEC) No 1117/78.' 
Article 2 
This Regulation shall enter into force on the day of its 
publication in the Official Journal of the European 
Communities. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States.