CELEX: 31985R1491
Language: en
Date: 1985-05-23 00:00:00
Title: Council Regulation (EEC) No 1491/85 of 23 May 1985 laying down special measures in respect of soya beans

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31985R1491

Council Regulation (EEC) No 1491/85 of 23 May 1985 laying down special measures in respect of soya beans  

Official Journal L 151 , 10/06/1985 P. 0015 - 0016 Spanish special edition: Chapter 03 Volume 35 P. 0056  Portuguese special edition Chapter 03 Volume 35 P. 0056 

COUNCIL REGULATION (EEC) N° 1491/85of 23 May 1985laying down special  measures in respect of soya beansTHE 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),Whereas soya bean production is becoming of increasing importance to the  Community;Whereas, in order to promote the development of this production, which is in direct  competition with soya beans imported at zero duty from third countries, Regulation (EEC) N° 1614/79  (3), as last amended by Regulation (EEC) N° 1037/84 (4), laid down special support measures for  these beans;Whereas, as regards the recipient of aid, provision should be made for granting the aid  to any person who has concluded a contract with the producer providing for the payment to the  latter of a price at least equal to the minimum price and who furnishes proof that the beans have  either been processed or sold or delivered to a processor of soya beans;Whereas, for the sake of  clarity, Regulation (EEC) N° 1614/79 should be replaced;Whereas the expenditure incurred by Member  States as a result of the obligations arising from the application of this Regulation will be borne  by the Community, in accordance with Articles 2 and 3 of Council Regulation (EEC) N° 729/70 of 21  April 1970 on the financing of the common agricultural policy (5), as last amended by Regulation  (EEC) N° 3509/80 (6),HAS ADOPTED THIS REGULATION:Article 11.  Before 1 August  every year, in respect of the marketing year commencing the following year, a guide price for soya  beans falling within heading N° 12.01 B of the Common Customs Tariff shall be fixed for the  Community, in accordance with the procedure laid down in Article 43 (2) of the Treaty. The guide price shall be fixed at a fair level for producers, having regard to the supply  requirements of the Community.2.  The guide price shall remain in force throughout the marketing  year.Save where otherwise provided by the Council, acting on a qualified majority on a proposal  from the Commission, the marketing year shall begin on 1 September and shall end on 31 August of  the following year.3.  The guide price shall refer to a standard quality. This quality shall be  defined by the Council in accordance with the procedure laid down in paragraph 1.Article 21.   When the guide price for a marketing year is higher than the world market price for soya beans, as  determined in accordance with Article 3, aid equal to the difference between these two prices shall  be granted for soya beans harvested and processed in the Community.2.  Aid shall be granted to any  natural or legal person who has concluded with individual or associated soya beans producers a  contract providing for payment to the producer of a price at least equal to the minimum price  referred to in paragraph 3.Where the said person is the processor of the beans, the aid shall be  granted once proof of processing has been furnished.In other cases, the aid shall be granted to any  natural or legal person who:fulfils certain conditions to be determined, andhas furnished proof of  sale or delivery of soya beans to a processor.3.  The minimum price shall refer to the standard  quality given in Article 1 (3) and shall be fixed at a level guaranteeing sales for producers at a  price as close as possible to the guide price, allowing in particular for market fluctuations and  the cost of transporting the beans from the areas where they are produced to the areas where they  are used.4.  By way of derogation from paragraph 2, the aid provided for in paragraph 1 shall, in  the case of the French overseas departments, be granted to soya bean producers in respect of a  level of production established by applying a representative yield to the areas on which soya beans  have been sown and harvested.5.  The aid shall be paid by the Member State on whose territory the  beans are harvested. 6.  The Council, acting by a qualified majority on a proposal from the Commission, shall every year  fix the minimum price referred to in paragraph 3 at the same time as the guide price referred to in  Article 1.The same procedure shall be used to lay down:(ageneral rules for granting the  aid;(bdetailed rules for checking entitlement to the aid;(cthe conditions referred to in the first  indent of para-graph 2.7.  The amount of the aid shall be fixed periodically by the Commission.8.   Detailed rules for implementing this Article, particularly in respect of the standard provisions  with which the contracts referred to in paragraph 2 must comply, shall be determined in accordance  with the procedure laid down in Article 38 of Council Regulation N° 136/66/EEC (1).Article 3The  world market price for soya beans, calculated for a Community frontier crossing point, shall be  determined on the basis of the most favourable purchasing possibilities. The Council, acting by a qualified majority on a proposal from the Commission, shall lay down the  criteria for determining the world market price.Detailed rules for the implementation of this  Article shall be determined in accordance with the procedure laid down in Article 38 of Regulation  N° 136/66/EEC.Article 4The Member States and the Commission shall exchange the information  necessary for the implementation of this Regulation. The nature of this information shall be  decided on in accordance with the procedure laid down in Article 38 of Regulation N° 136/66/EEC.  The detailed rules concerning the notification of such information shall be laid down in accordance  with the same procedure.Article 5Regulation (EEC) N° 1614/79 is hereby repealed as from1  September 1985. However, it will continue to apply forsoya beans harvested before 1 January  1985.Article 6This Regulation shall enter into force on the third day following its publication  in the Official Journal of the European Communities. (1) OJ N° C 67, 14. 3. 1985, p. 19. (2) OJ N° C 94, 15. 4. 1985. (3) OJ N° L 190, 28. 7. 1979, p. 8. (4) OJ N° L 107, 19. 4. 1984, p. 46. (5) OJ N° L 94, 28. 4. 1970, p. 13. (6) OJ N° L 367, 31. 12. 1980, p. 87. (1) OJ N° 172, 30. 9. 1966, p. 3025/66.