CELEX: 31991R0771
Language: en
Date: 1991-03-28 00:00:00
Title: Commission Regulation (EEC) No 771/91 of 27 March 1991 fixing the aid for soya beans

No L 81 /60                                 Official Journal of the European Communities                                   28 . 3 . 91
                                       COMMISSION REGULATION (EEC) No 771/91
                                                          of 27 March 1991
                                                    fixing the aid for soya beans
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           adjusted by the difference between the target price valid
                                                                      on that day and the target price valid on the identification
Having regard to the Treaty establishing the European                 day ; whereas such adjustment should involve increasing
Economic Community,                                                    or reducing the amount of subsidy applicable on the day
                                                                       on which the application was lodged by the corrective
Having regard to the Act of Accession of Spain and                     amount and the difference between the target prices
Portugal,                                                              mentioned in Article 33 of Commission Regulation (EEC)
                                                                       No 2537/89 of 8 August 1989 laying down detailed rules
Having regard to Council Regulation (EEC) No 1491 /85                  for the application of the special measure for soya
of 23 May 1985 laying down special measures in respect                 beans Q, as last amended by Regulation (EEC) No
of soya beans ('), as last amended by Regulation (EEC) No              2427/90 (8) ;
3577/90 (2), and in particular Article 2 (7) thereof,
                                                                       Whereas, pursuant to Regulation (EEC) No 2537/89, the
Having regard to the opinion of the Monetary Committee,                world market price is to be fixed per 100 kilograms and
                                                                       calculated on the basis of the most favourable offers and
Whereas, pursuant to Article 2 ( 1 ) of Regulation (EEC) No            quotations for delivery within 30 days following the date
1491 /85, aid is to be granted for soya beans harvested                when the said offers and quotations were recorded ;
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
Whereas the guide price for soya beans for the 1990/91                 of Regulation (EEC) No 2537/89 ;
marketing year was fixed by Council Regulation (EEC)
No 1319/90 (3) ; whereas, pursuant to Articles 95 and 293              Whereas the abatement of the subsidy for soya seed
of the Act of Accession of Spain and Portugal, aid for soya            which arises, where appropriate, from the system of
beans harvested in these two Member States is to be                    maximum guaranteed quantities for the 1990/91 marke­
calculated in accordance with the provisions of paragraphs             ting year, has been fixed by Commission Regulation
2 and 3 of the said Articles ;                                         (EEC) No 3217/90 C);
Whereas the prices fixed by the Council are to be reduced              Whereas, owing to the lack of a guide price for soya seed
in accordance with Commission Regulation (EEC) No                      and of the adjustment in the rate of aid resulting from the
1756/90 of 27 June 1990 establishing the guide price                   maximum guaranteed quantity arrangements for the
fixed in ecus by the Council in the soya bean sector and               1991 /92 marketing year, the rate of the aid fixed in
reduced as a result of the monetary realignment of 5                   advance for this marketing year has only been able to be
January 1990 (4) ;                                                     calculated provisionally on the basis of the Commission's
                                                                       price proposals to the Council ; whereas this amount
Whereas, pursuant to Council Regulation (EEC) No                       should therefore only be applied provisionally and should
2194/85 of 25 July 1985 adopting general rules con­                    be confirmed or replaced once the prices and related
cerning special measures for soya beans (*), as last                   measures and the consequences of the maximum guaran­
amended by Regulation (EEC) No 1231 /89 (6), the world                 teed quantity arrangements for the 1991 /92 marketing
price for soya beans is to be determined on the basis of               year are known ;
the most favourable actual purchasing possibility, with the
exception of offers and prices which may not be consi­                 Whereas, if the said system is to operate normally, aid
dered as representative of the actual market trend ;                   should be calculated on the following basis :
whereas account is to be taken of offers made on the
                                                                       — in the case of currencies which are maintained in rela­
world market as well as the prices quoted on exchanges
which are important in terms of international trade ;                       tion to each other at any given moment within a band
whereas, under that Regulation, where the subsidy to be                     of 2,25 % , a rate of exchange based on their central
granted is fixed in advance, the amount of such subsidy                     rate, multiplied by the corrective factor provided for in
must be equal to the amount applicable on the day on                        the last paragraph of Article 3 ( 1 ) of Council Regula­
which the application for advance fixing was lodged,                        tion (EEC) No 1676/85 (10), as last amended by Regu­
                                                                            lation (EEC) No 2205/90 ("),
 ') OJ   No L 151 , 10.  6. 1985, p. 15 .
 2) OJ  No  L 353,  17.  12. 1990 , p. 23 .                            f) OJ No L 245, 22. 8 .   1989, p. 8 .
 ') OJ   No L 132,  23.  5. 1990, p. 13 .                              (8) OJ No L 228 , 22. 8 . 1990, p. 15 .
 4) OJ  No  L 162,  28 . 6. 1990, p. 19 .                              0 OJ No L 308 , 8 . 11 .   1990, p. 19 .
 j OJ No L 204, 2. 8. 1985, p. 1 .                                     (10) OJ No L 164, 24. 6.    1985, p. 1 .
 6) OJ No L 128 , 11 . 5. 1989 , p. 24.                                (") OJ No L 201 , 31 . 7.   1990, p. 9 .
 ---pagebreak---  28 . 3 . 91                                 Official Journal of the European Communities                                               No L 81 /61
 — for the other currencies, an exchange rate based on an                         HAS ADOPTED THIS REGULATION :
      average of the ecus rates published in the 'C' series of
      the Official Journal of the European Communities                                                          Article 1
      over a period to be determined, multiplied by the
      factor referred to in the preceding indent ;                                1 . The amount of the aid provided for in Article 2 of
                                                                                  Regulation (EEC) No 1491 /85 shall be as set out in the
                                                                                 Annex hereto.
 Whereas the aid shall be fixed as often as the market situ­                      2.    However, the amount of the aid fixed in advance for
 ation so requires and so that it can be applied at least                         the 1991 /92 marketing year for soya seed shall be
 twice a month, one of which times shall be from the first                        confirmed or replaced with effect from 1 April 1991 to
 day of each month ;                                                              take account of the prices and related measures for the
                                                                                  1991 /92 marketing year and of the consequences of the
                                                                                  maximum guaranteed quantity arrangements.
 Whereas it follows from applying these provisions to the
 offers and quotations known to the Commission that the                                                         Article 2
 subsidy on soya beans should be as set out in this Regula­
 tion,                                                                           This Regulation shall enter into force on 1 April 1991 .
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                     States.
                     Done at Brussels, 27 March 1991 .
                                                                                             For the Commission
                                                                                              Ray MAC SHARRY
                                                                                        Member of the Commission
                                                                        ANNEX
                          to the Commission Regulation of 27 March 1991 fixing the aid for soya beans
                                                                                                                                          (ECU/100 kg)
                                                 Current              First            Second            Third             Fourth            Fifth
                                                  period             period            period            period            period           period
                                                     4                  5                 6                7                  8              9 (')
Seed harvested :
— Spain                                          16,720             17,605             17,422           17,468             16,302          16,267
— another Member State                           22,264             23,149             22,966           23,012             21,846          19,991
(') Amount fixed provisionally, pending and subject to the setting of the prices and related measures and of the application of the maximum guaranteed
    quantity arrangements for the 1991 /92 marketing year, on the basis in particular :
    — of the Commission's proposals for the 1991 /92 marketing year as regards the quide price,
    — the adjustment resulting from the maximum guaranteed quantity arrangements applied for the 1990/91 marketing year.