CELEX: 51980PC0039
Language: en
Date: 1980-02-08
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) ADOPTING GENERAL RULES CONCERNING SPECIAL MEASURES FOR SOYA BEANS (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 39
Vol. 1980/0016
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                        COM(80)39 final
                                        Brussels , 8th February 1980
                      t
               PROPOSAL FOR A COUNCIL REGULATION ( EEC )
                  ADOPTING GENERAL RULES CONCERNING
                    SPECIAL MEASURES FOR SOYA BEANS
            (presented by the Commission to the Council )
  C0M(80 ) 39 final
 ---pagebreak---                                             I
                                          /
                    EXPLANATORY MEMORANDUM
By means of Regulation ( EEC ) No 1614 / 79 the Council adopted the special
measures for soya beans *
The apply for the first (time to beans harvested in 1980.
This Regulation lays down the general rules , with regard in particular to
- the determination of the world market price ,
- the conditions vhich producers and purchasers must satisfy in order to
  be eligible for the system of aid,
- the measures which Member States must apply for the purpose of checking
  entitlement* to the aid-
 ---pagebreak---                                    Proposal for a
                      COUNCIL REGULATION ( EEC )
 adopting general rules concerning special measures for soya beans
THE COUNCIL 0F"THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the       European Economic Community ,
 Having regard to Council Regulation ( EEC ) No 1614 / 79 of 24 July 1979 laying down
                                              (1)
 special measures in respect of soya beans        , and  in particular Article 2(4 ) and
 the second paragraph of Article 3 thereof ,
 Having regard to the proposal from the Commission ,
 Whereas , pursuant to Article 2(4 ) of Regulation ( EEC ) No 1614 / 79 , it is necessary to
 adopt general rules for the granting of aid in respect of 'soya beans , methods of
checking entitlement to aid and the conditions necessary for establishing entitlemenl
to aid which purchasers of these beans must satisfy ; whereas , pursuant to Article 3
of the said Regulation , it is, also necessary to adopt criteria for determining
                                                                  I
the world market price ;
 Whereas the world market price     should be determined on the basis' of the most
favourable purchasing possibilities on that market ;
 Whereas it is necessary for this purpose to take into consideration offers made on
 the world market as well as the prices quoted on those exchanges which are important
 1n terms of international trad# , and this during the period when Community-grown
 beans are. b?ing sold; whereas , however , it appears appropriate not to take into
 account offers which may not be considered as representative of the actual market
 trend ;
 Whereas , in order to ensure the proper functioning of the system of aid , the world
 market price must be ascertained for a Community frontier crossing point ; whereas ,
 for the purpose of determining that point , account should be taken of the extent to
 which it is representative as regards the importation of these beans
 and whereas , therefore - the port of Rotterdam should be used ; whereas
 ( 1 ) OJ No L 190, 28.7.1979 , p. 8
 ---pagebreak---            the offers and prices used must be adjusted if they refer to a different
                                                                           /
frontier crossing point ;
Whereas , for the offers and prices used , adjustments - should also be made to offset
any differences in presentation and quality in relation to the criteria used for the
purpose of fixing the guide price ;
Wheregs , in order to facilitate the checking of entitlement to         aid , it should
be stipulated that producers shall produce declarations . relating to areas sown and
to quantities harvested and delivered ;                                              '
Whereas , with g view to the proper functioning of the system of aid , it should be
stipulated that the aid shall be granted only to persons specializing in trade in
and / or the processing of soil products and who are capable of facilitating the carrying
out of the check on entitlement to the aid;
Whereas this check must in particular make it possible to ensure that the minimum
price referred to in Article 2(2 ) of Regulation ( EEC ) No 1614 / 79 is observed and to
forestall ineligible applications for aid; whereas , for the purpose of carrying out
such a check , the Memlber States concerned must assist each other ,
HAS ADOPTED THIS REGULATION
 ---pagebreak---                                          - 3 -
                                      Article 1
  1 . The world market price for soya beans shil be determined by the Commission in res­
      pect of beans in bulk of standard quality , in respect of which the guide price has
      been fixed , delivered at Rotterdam .
      For offers and prices not meeting the conditions referred to in the first subpara­
      graph ^ the necessary adjustments shall be made .
  2 . The world market price shall be determined on the basis of the most favourable actual
      purchasing possibilities , with the exception of the offers and prices which may not
      be considered as representative of the actual market trend .
. 3 . For the purpose of determining the world market price , account shall be taken only
      of offers made on the world market for deliveries      to be made during the most repre­
      sentative period for the disposal of Community beans and of the prices quoted for deli­
      veries to be made during the same period on         exchanges which are important in tern
      of international trade .
                                      Article 2
      In order to be eligible for the system provided for in Regulation ( EEC ) No 1614 / 79 ,
      any producer who has sown an area with soya shall submit to the competent agency of
      the Member State on whose territory the product has been sown , by dates yet to be
      determined, the following declarations :
      - a declaration of the area sown ;
      - a declaration of the quantity harvested;
      - a declaration of the quantity delivered under the contract referred to in Article ]
                                      Article 3
  1 . The aid provided for in Article 2 of Regulation ( EEC ) No 1614 / 79 shall be granted
      upon application to aqy purchaser of soya beans who :
      - is approved by the competent agency of the Member State on whose territory the
        soya beans have been harvested ;
      - submits to the competent agency of the Member State in which the beans haue been
        harvested a contract concluded with the producer , stating the quantity to be delive­
        red, observing the minimum price and meeting the conditions laid down pursuant to
        Article 2(6 ) of Regulation ( EEC ) No 1614/ 79 ;
      - submits to { he same agency a copy of the analysis accepted by the parties concerned
        and relating to beans delivered under "the contract ;
      - furnishes proof that , in respect of beans delivered by the producer , the declara­
        tions referred to in Article 2 have been submitted .
 ---pagebreak--- 2 . Without prejudice to the provisions of Article 6 , the amount of aid to be granted
     shall be calculated on the basis of the lowest weight recorded between the quantity
     stated in the contract and the weight of the beans actually delivered , the latter
     being adjusted according to the differences which may exist between the percentages
     of moisture and of impurities resulting from the analysis referred to in paragraph 1
     and those used for the purpose of defining the standard quality in respect of which
     the guide price is fixed .
                                     Article 4
     The approval referred to in the first indent of Article 3 shall be given , on appli­
     cation , to any natural or legal person who meets at least the following conditions :
 - his main activity             relates to the marketing or processing of soil products ;
  - he keeps stock records^meeting requirements to be laid down;
  - he undertakes to furnish any other supporting documerts necessary for the purpose of
     - verifying entitlement to the aid .
                                     Article 5
     The amount of the aid shall be that valid on the day on which the interested party
       submits     to the competent agency of the producer Member State the contract
     referred to in Article 3 .
         '                            Article 6
1.       Producer Member States shall make random checks on the accuracy of the :
     - areas stated in the declarations of sowing ;
     - quantities appearing in the crop declarations ;
     - quantities appearing in the declarations of delivery .        ,
     Where such checks suggest that the quantity harvested differs from that declared,
     the Member State shal'l automatically, and without prejudice to the penalties to be
     imposed, correct the declaration in question .
2 . As regards producers who have not been subjected to the checks referred to in parag^sh
     and in the event of doubt as to the accuracy of the particulars appearing in the de­
     clarations referred to iv.the first and second indents of Article 2 , the Member State
     concerned shall require the production of any supporting document necessary for the
     purpose of checking the quantity allowable for aid.
   • Where the supporting documents are not deemed satisfactory by the Member State concer
     ned, the latter shall determine the quantity Of soya beans allowable for aid. For thfe
     purpose, the Member State shall determine the area sown with soya and, where the
     yield declared for that area exceeds the average yield ascertained at the time of
     checks carriad out in the same zone, it shall take the average yield ascertained in
     the zone in question .
 ---pagebreak---                         i
                                    - 5 -
                                                                                        1
Producer  Member States shall check that the quantities resulting from the application*
of paragraphs 1 and 2 tally with those stated in the declarations of delivery .
Producer Member States shall check that contracts satisfy the conditions referred to
in Article 3 .
                     /
Member States shall verify , by means of a systematic check on the stock records of
applicants for aid , that the quantities appearing in the declarations of delivery
have actually been delivered .
                                   Article 7
Producer Member States ( shall communicate to the Commission , prior to their implemen­
tation, provisions adopted by them for the purpose of applying the system provided
for in this Regulation .
                                   Article 8
Regulation ( EEC ) No 1777 / 76 is hereby repealed with effect from 1 November 1980 .
                                   Article 9
This Regulation shall enter into force on the third day following that of its publi­
cation in the Official Journal of the European Communities .
It shall apply for the first time to beans harvested in 1980 .
This Regulation shall be binding in its entirety and directly applicable in all
Member States .
Done at                                                 For the Council