CELEX: 31992R0404
Language: en
Date: 1992-02-20
Title: Commission Regulation (EEC) No 404/92 of 19 February 1992 fixing the aid for soya beans

20 . 2. 92                                Official Journal of the European Communities                                No L 44/27
                                        COMMISSION REGULATION (EEC) No 404/92
                                                       of 19 February 1992
                                                  fixing the aid for soya beans
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         on which the application was lodged by the corrective
                                                                    amount and the difference between the target prices
                                                                    mentioned in Article 33 of Commission Regulation (EEC)
                                                                    No 2537/89 of 8 August 1989 laying down detailed rules
Having regard to the Treaty establishing the European               for the application of the special measure for soya
Economic Community,                                                 beans (6), as last amended by Regulation (EEC) No
                                                                    2692/91 0 ;
Having regard to the Act of Accession of Spain and
Portugal,                                                           Whereas, pursuant to Regulation (EEC) No 2537/89, the
                                                                    world market price is to be fixed per 100 kilograms and
                                                                    calculated on the basis of the most favourable offers and
Having regard to Council Regulation (EEC) No 1491 /85               quotations for delivery within 30 days following the date
of 23 May 1985 laying down special measures in respect              when the said offers and quotations were recorded ;
of soya beans ('), as last amended by Regulation (EEC) No
1724/91 (2), and in particular Article 2 (7) thereof,
                                                                    Whereas Regulation (EEC) No 59/92 (8) limits the validity
                                                                    of the certificate provided for in Article 4a of Council
Whereas, pursuant to Article 2 ( 1 ) of Regulation (EEC) No         Regulation (EEC) No 2194/85 to 30 June 1992 ;
1491 /85, aid is to be granted for soya beans harvested
within the Community where the guide price for a
marketing year exceeds the world price ; whereas the said           Whereas, where the offers and quotations do not comply
aid is to be equal to the difference between those two              with the said conditions, the necessary adjustments must
prices ;                                                            be carried out, particularly those referred to in Article 40
                                                                    of Regulation (EEC) No 2537/89 ;
Whereas the guide price for soya beans was fixed for the
1991 /92 marketing year by Council Regulation (EEC) No              Whereas the abatement of the subsidy which arises, where
1726/91 (3) ;                                                       appropriate, from the system of maximum guaranteed
                                                                    quantities for the 1991 /92 year, has been fixed by
                                                                     Commission Regulation (EEC) No 250/92 (9) ;
Whereas, pursuant to Council Regulation (EEC) No
2194/85 of 25 July 1985 adopting general rules con­
cerning special measures for soya beans (4), as last                Whereas, if the said system is to operate normally, aid
amended by Regulation (EEC) No 1725/91 (% the world                 should be calculated on the following basis :
price for soya beans is to be determined on the basis of
the most favourable actual purchasing possibility, with the         — in the case of currencies which are maintained in rela­
exception of offers and prices which may not be con­                      tion to each other at any given moment within a band
sidered as representative of the actual market trend ;                    of 2,25 % , a rate of exchange based on their central
whereas account is to be taken of offers made on the
                                                                          rate, multiplied by the corrective factor provided for in
world market as well as the prices quoted on exchanges                    the last paragraph of Article 3 ( 1 ) of Council Regula­
which are important in terms of international trade ;                     tion (EEC) No 1676/85 (10) as last amended by Regula­
whereas, under that Regulation, where the subsidy to be                   tion (EEC) No 2205/90 ("),
granted is fixed in advance, the amount of such subsidy
must be equal to the amount applicable on the day on                — for the other currencies, an exchange rate based on an
which the application for advance fixing was lodged,                      average of the ecu rates published in the 'C' series of
adjusted by the difference between the target price valid                 the Official Journal of the European Communities
on that day and the target price valid on the identification              over a period to be determined, multiplied by the
day ; whereas such adjustment should involve increasing                   factor referred to in the preceding indent ;
or reducing the amount of subsidy applicable on the day
                                                                     (6) OJ No L 245, 22. 8. 1989, p . 8 .
(') OJ  No L  151 , 10. 6. 1985, p. 15.                              0 OJ No L 255, 12. 9. 1991 , p. 12.
(2) OJ  No L  162,  26. 6 . 1991 , p. 35.                            (8) OJ No L 6, 11 . 1 . 1992, p. 15 .
(3) OJ  No L  162,  26. 6. 1991 , p. 39.                             0 OJ No L 24, 1 . 2. 1992, p. 86 .
0   OJ  No L  204,  2. 8 . 1985, p. 1 .                              (10) OJ No L 164, 24. 6. 1985, p. 1 .
 4 OJ No L 162, 26. 6. 1991 , p. 37.                                 (") OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 44/28                           Official Journal of the European Communities                                20. 2. 92
Whereas the aid shall be fixed as often as the market situ­    HAS ADOPTED THIS REGULATION :
ation so requires and so that it can be applied at least
twice a month, one of which times shall be from the first                                   Article 1
day of each month ;
                                                               The amount of the aid provided for in Article 2 of Regu­
                                                               lation (EEC) No 1491 /85 shall be as set out in the Annex
                                                               hereto.
Whereas it follows from applying these provisions to the                                    Article 2
offers and quotations known to the Commission that the
subsidy on soya beans should be as set out in this Regula­     This Regulation shall enter into force on 20 February
tion,                                                          1992.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 19 February 1992.
                                                                           For the Commission
                                                                            Ray MAC SHARRY
                                                                     Member of the Commission
                                                           ANNEX
                   to the Commission Regulation of 19 February 1992 fixing the aid for soya beans
                                                                                                               (ECU/100 kg)
                                                       Current        First         Second             Third    Fourth
                                                        period       period          period           period     period
                                                          2            3               4                 5         6
Seed harvested                                         27,476       27,476          27,590            27,424    27,424