CELEX: 31989R1938
Language: en
Date: 1989-07-01 00:00:00
Title: Commission Regulation (EEC) No 1938/89 of 30 June 1989 fixing the world market price for peas and field beans and the amount of aid referred to in Article 3 (2) of Regulation (EEC) No 1431/82

No L 187/68                             Official Journal of the European Communities                                   1 . 7. 89
                                   COMMISSION REGULATION (EEC) No 1938/89
                                                       of 30 June 1989
                  fixing die world market price for peas and field beans and the amount of aid
                            referred to in Article 3 (2) of Regulation (EEC) No 1431/82
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        where no offer can be used for determining the world
                                                                   market price, this price is determined from prices
                                                                   recorded on the markets of the principal exporting coun­
Having regard to the Treaty establishing the European              tries ; whereas in cases where no offer either on the world
Economic Community,                                                market or on those of the principal exporting countries
                                                                   can be used for determining the world market price this
                                                                   price is fixed at a level equal to the guide price for the
Having regard to the Act of Accession of Spain and                 products in question ;
Portugal,
Having regard to Council Reguation (EEC) No 1431 /82 of            Whereas, under Commission Regulation (EEC) No
18 May 1982 laying down special measures for peas, field           2049/82 (') as last amended by Regulation (EEC) No
beans and sweet lupins ('), as last amended by Regulation          1238/87 (10), and under Regulation (EEC) No 2036/82 the
(EEC) No 1104/88 (2), and in particular Article 3 (6) (b)          average world market price is to be established per 100
thereof,                                                           kilograms of products in bulk, delivered at Rotterdam, of
                                                                   sound quality ; whereas, for the purpose of establishing
                                                                   this price, only the most favourable offers to deliveries
Having regard to Council Regulation (EEC) No 2036/82               closest in distance, excluding those relating to products
of 19 July 1982 adopting general rules concerning special          being transported by ship, are used for offers and prices
measures for peas, field beans and sweet lupins (3), as last       that do not comply with the conditions laid down above,
amended by Regulation (EEC) No 1789/89 (4), and in                 the necessary adjustments must be made, and in particular
particular Article 2 (1 ) thereof,                                 those referred to in Article 5 of Regulation (EEC) No
                                                                   2049/82 :
Having regard to Commission Regulation (EEC)
No 3540/85 of 5 December 1985 laying down detailed
rules for the application of the special measures for peas,        Whereas, if the aid system is to operate normally, aid
field beans and sweet lupins ^5), as last amended by Regu­         amounts should be calculated on the following basis :
lation (EEC) No 3870/88 (*■), and in particular Article 26a
(7) thereof,                                                       — in the case of currencies which are maintained in rela­
                                                                         tion to each other at any moment within a band of
                                                                         2,25 % , a rate of exchange based on their central rate,
Whereas Council Regulation (EEC) No 1 246/89 Q fixed                     multiplied by the correcting factor referred to in the
the guide price for peas and field beans for the 1989/90                 last subparagraph of Article 3 (1 ) of Council Regula­
marketing year ;                                                         tion (EEC) No 1676/85 (n), as amended by Regulation
                                                                         (EEC) No 1636/87 (12) ;
Whereas, in accordance with Article 2a of Regulation               — for other currencies, an exchange rate based on the
(EEC) No 1431 /82, the guide price is increased monthly                  arithmetic mean of the spot market rates of each of
 as from the beginning of - the third month of the                       these currencies recorded over a given period in rela­
 marketing year ; whereas Council Regulation (EEC) No                    tion to the Community currencies referred to in the
 1247/89 (8) fixed the amount of these monthly increases ;               previous indent and the aforesaid coefficient ;
Whereas under Regulation (EEC) No 2036/82 the world
 market price for peas and field beans, as referred to in          Whereas in cases where aid is fixed in advance its amount
Article 3 (2) of Council Regulation (EEC) No 1431 /82, is           is adjusted as specified in Article 6 (3) of Regulation
 to be determined on the basis of offers made on the world         (EEC) No 2036/82 ;
 market, disregarding those which cannot be considered
 representative of actual market trends ; whereas in cases
                                                                   Whereas pursuant to Articles 121 (3) and 307 (3) of the
 (') OJ No L 162, 12. 6. 1982, p. 28 .                             Act of Accession the aid granted on products harvested
 (2) OJ No L 110, 29. 4. 1988, p. 16.                               and processed in either of these Member States is to be
 (3) OJ No L 219, 28 . 7. 1982, p. 1 .
 (j OJ No L 176, 23. 6. 1989, p. 11 .
 O OJ No L 342, 19 . 12. 1985, p. 1 .                               (9) OJ No L 219, 28. 7. 1982, p. 36.
 Is) OJ No L 345, 14. 12. 1988, p. 21 .                             O OJ No L 117, 5. 5. 1987, p. 9 .
 o OJ No L 129, 11 . 5. 1989, p. 7.                                 (,l) OJ No L 164, 24. 6. 1985, p. 1 .
 (8) OJ No L 129, 11 . 5. 1989, p. 9.                               02) OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 1 . 7. 89                            Official Journal of the European Communities                          No L 187/69
reduced by the customs duties charged by the Member             HAS ADOPTED THIS REGULATION :
State on peas and field beans imported from third coun­
tries ;                                                                                 Article 1
Whereas, pursuant to Article 26 a of Regulation (EEC) No
3540/85, the gross aid expressed in ECU that results from      The world market price as specified in Article 2 of Regu­
Article 3 of Regulation (EEC) No 1431 /82 shall be              lation (EEC) No 2036/82 shall be 21 ECU/ 100 kg.
weighted by the differential amount refferred to in Article
12a of Regulation (EEC) No 2036/82 and then converted                                    Article 2
into the final aid in the currency of the Member State in
which the products are harvested using the agricultural         1 . The amount of the gross aid provided for in Article
conversion rate of that Member State ;                          3 (2) of Regulation (EEC) No 1431 /82 is indicated in
                                                                Annex I.
Whereas the aid must be fixed before the beginning of
each marketing year and may be adjusted if the world            2. The amount of final aid provided for in Article 3 (2)
market price alters markedly ;                                  of Regulation (EEC) No 1431 /82 is indicated in Annex II.
Whereas the abatement of the subsidy which arises, where        3 . However, the amount of aid for peas and field beans
appropriate, from the system of maximum guaranteed              shall be confirmed or replaced with effect from 1 July
quantities for the 1989/90 marketing year, has not, to          1989 to take account, where applicable, of the conse­
date, been fixed ; whereas the amount of the subsidy for        quences of the application of the maximum guaranteed
the 1989/90 marketing year has been calculated on the           quantities system for the 1989/90 marketing eyar in cases
basis of the abatement valid for the year 1988/89 ;             of advance fixing.
Whereas the measures provided for in this Regulation are                                 Article 3
in accordance with the opinion of the Management
Committee for Dried Fodder,                                     This Regulation shall enter into force on 1 July 1989.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 30 June 1989.
                                                                         For the Commission
                                                                           Ray MAC SHARRY
                                                                      Member of the Commission
 ---pagebreak---   No L 187/70                                       Official Journal of the European Communities                                                     1 . 7. 89
                                                                             ANNEX I
                                                            Gross aid in ECU per 100 kilograms
  Products intended for human consumption
                                                   Current       1st period     2nd period      3rd period         4th period   5th period      6th period
                                                     7 (>)           8 (')           90             10 o               11(1)        12 0              10
  Peas used :
  — in Spain                                        5,503           5,503           5,661          5,819              5,977        6,135            6,293
  — in Portugal                                     5,545           5,545           5,703          5,861              6,019        6,177            6,335
  — in another Member State                         5,860           5,860           6,018          6,176              6,334        6,492            6,650
  Field beans used :                          ||
  — in Spain                                        5,860           5,860           6,018          6,176              6,334        6,492            6,650
  — in Portugal                                     5,545           5,545           5,703          5,861              6,019        6,177            6,335
  — in another Member State                         5,860           5,860           6,018          6,176              6,334        6,492            6,650
                                                                            ANNEX II
                                                   Final aid in national currency per 100 kilograms
  Products intended for human consumption
\                                                  Current       1st period     2nd period      3rd period         4th period   5th period       6th period
I                                                    70              8 (')           9 (')          10 0               110          12 0              10
  Products harvest in :
  — BLEU (Bfrs/Lfrs)                                282,96          282,96          290,59         298,22             305,85       313,48           321,11
  — Denmark (Dkr)                                     52,33           52,33           53,74          55,15              56,56        57,97             59,38
  — Federal Republic of Germany Il                                                                             \
       (DM)                                           13,84           13,84           14,21          14,58              14,96        15,33             15,70
  —     Greece (Dr)                                 827,98          827,98          856,43         884,88             913,33       941,79           970,24
  —    Spain (Pta)                                  903,69          903,69          928,05         952,42             976,79     1 001,15         1 025,52
  —     France (FF)                                   45,11           45,11           46,33          47,54              48,76        49,97             51,19
  —     Ireland (£ Irl)                                 5,021           5,021          5,156           5,291              5,427        5,562            5,697
  —     Italy (Lit)                              9 857           9 857          10122           10 388             10 654       10 920          11 185
  —     Netherlands (Fl)                              15,46           15,46           15,87          16,29              16,71        17,12             17,54
  —     Portugal (Esc)                            1 125,13        1 125,13        1 155,47       1 185,80           1 216,14     1 246,48         1 276,81
  —     United Kingdom (£)                              3,613          3,613           3,724           3,836              3,947       4,058             4,169
  Amounts to be deducted in the case of :
  — peas used in Spain (Pta) 55,05
  — peas and field beans used in Portugal (Esc) 60,48
                                                                            ANNEX III
                                                           Exchange rate of the ECU to be used
                                                BLEU          DK       DB       EL         ESP       FR          IRL         IT    NL        PT          UK
  In national currency, 1 ECU =                42,4582 7,85212 2,05853 175,744 130,025 6,90403 0,768411 1 478,50 2,31943 170,569 0,670080
  (') Subject, in cases of advance fixing for the 1989/90 marketing year, to consequences of application of the maximum guaranteed quantity arrangements for
      that marketing year.