CELEX: 51988PC0080(03)
Language: en
Date: 1988-02-19
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 1431/82 LAYING DOWN SPECIAL MEASURES FOR PEAS, FIELD BEANS AND SWEET LUPINS

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