CELEX: 31990R3865
Language: en
Date: 1990-12-29 00:00:00
Title: Commission Regulation (EEC) No 3865/90 of 28 December 1990 fixing the aid for soya beans

29. 12. 90                               Official Journal of the European Communities                               No L 367/77
                                     COMMISSION REGULATION (EEC) No 3865/90
                                                       of 28 December 1990
                                                  fixing the aid for soya beans
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         world market as well as the prices quoted on exchanges
                                                                    which are important in terms of international trade ;
                                                                    whereas, under that Regulation, where the subsidy to be
Having regard to the Treaty establishing the European               granted is fixed in advance, the amount of such subsidy
Economic Community,                                                 must be equal to the amount applicable on the day on
                                                                    which the application for advance fixing was lodged,
Having regard to the Act of Accession of Spain and                  adjusted by the difference between the target price valid
Portugal,                                                           on that day and the target price valid on the identification
                                                                    day ; whereas such adjustment should involve increasing
                                                                    or reducing the amount of subsidy applicable on the day
Having regard to Council Regulation (EEC) No 1491 /85               on which the application was lodged by the corrective
of 23 May 1985 laying down special measures in respect              amount and the difference between the target prices
of soya beans ('), as last amended by Regulation (EEC) No           mentioned in Article 33 of Commission Regulation (EEC)
3577/90 (2), and in particular Article 2 (7) thereof,               No 2537/89 of 8 August 1989 laying down detailed rules
                                                                    for the application of the special measure for soya
                                                                    beans Q, as last amended by Regulation (EEC) No
 Having regard to the opinion of the Monetary Committee,            2427/90 (8);
Whereas, pursuant to Article 2 (1 ) of Regulation (EEC) No
 1491 /85, aid is to be granted for soya beans harvested            Whereas, pursuant to Regulation (EEC) No 2537/89, the
within the Community where the guide price for a                    world market price is to be fixed per 100 kilograms and
 marketing year exceeds the world price ; whereas the said          calculated on the basis of the most favourable offers and
 aid is to be equal to the difference between those two             quotations for delivery within 30 days following the date
 prices ;                                                           when the said offers and quotations were recorded ;
Whereas the guide price for soya beans for the 1990/91
 marketing year was fixed by Council Regulation (EEC)               Whereas, where the offers and quotations do not comply
 No 1319/90 (3) ; whereas, pursuant to Articles 95 and 293          with the said conditions, the necessary adjustments must
 of the Act of Accession of Spain and Portugal, aid for soya        be carried out, particularly those referred to in Article 40
 beans harvested in these two Member States is to be                of Regulation (EEC) No 2537/89 ;
 calculated in accordance with the provisions of paragraphs
 2 and 3 of the said Articles ,
                                                                    Whereas the abatement of the subsidy for soya seed
 Whereas the prices fixed by the Council are to be reduced          which arises, where appropriate, from the system of
 in accordance with Commission Regulation (EEC) No                   maximum guaranteed quantities for the 1990/91 marke­
 1756/90 of 27 June 1990 establishing the guide price                ting year, has been fixed by Commission Regulation
 fixed in ecus by the Council in the soya bean sector and            (EEC) No 3217/90 0 ;
 reduced as a result of the monetary realignment of 5
 January 1990 (4);
                                                                    Whereas, if the said system is to operate normally, aid
 Whereas, pursuant to Council Regulation (EEC) No                    should be calculated on the following basis :
 2194/85 of 25 July 1985 adopting general rules con­
 cerning special measures for soya beans (*), as last
 amended by Regulation (EEC) No 1231 /89 (% the world               — in the case of currencies which are maintained in rela­
 price for soya beans is to be determined on the basis of                 tion to each other at any given moment within a band
 the most favourable actual purchasing possibility, with the              of 2,25 %, a rate of exchange based on their central
 exception of offers and prices which may not be consi­                   rate, multiplied by the corrective factor provided for in
 dered as representative of the actual market trend ;                     the last paragraph of Article 3 ( 1 ) of Council Regula­
 whereas account is to be taken of offers made on the                     tion (EEC) No 1676/85 (I0), 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.                            0 OJ No L 245, 22. 8. 1989, p. 8.
 O   OJ   No L 132,  23. 5. 1990, p. 13.                             (8) OJ No L 228, 22. 8. 1990, p. 15.
 (<) OJ   No L 162,  28. 6. 1990, p. 19.                             0 OJ No L 308, 8. 11 . 1990, p. 19.
 O   OJ   No L 204,  2. 8. 1985, p. 1 .                              (10) OJ No L 164, 24. 6. 1985, p. 1 .
 M OJ No L 128, 11 . 5. 1989, p. 24.                                 (u) OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 367/78                          Official Journal of the European Communities                               29 . 12. 90
— for the other currencies, an exchange rate based on an        subsidy on soya beans should be as set out in this Regula­
    average of the ecus rates published in the 'C' series of    tion,
    the Official Journal of the European Communities
    over a period to be determined, multiplied by the
                                                                HAS ADOPTED THIS REGULATION :
    factor referred to in the preceding indent ;
                                                                                        Article 1
Whereas the aid shall be fixed as often as the market situ­
ation so requires and so that it can be applied at least        The amount of the aid provided for in Article 2 of Regu­
twice a month, one of which times shall be from the first       lation (EEC) No 1491 /85 shall be as set out in the Annex
day of each month ;                                             hereto.
                                                                                        Article 2
Whereas it follows from applying these provisions to the
offers and quotations known to the Commission that the          This Regulation shall enter into force on 1 January 1991 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                  Done at Brussels, 28 December 1990 .
                                                                         For the Commission
                                                                          Ray MAG SHARRY
                                                                      Member of the Commission
 ---pagebreak--- 29 . 12. 90                      Official Journal of the European Communities                    No L 367/79
                                                      ANNEX
                 to the Commission Regulation of 28 December 1990 fixing the aid for soya beans
                                                                                                   (ECU/100 kg)
                                    Current         First      Second        Third        Fourth      Fifth
                                     period        period       period      period        period     period
                                        1            2            3            4             5          6
Seed harvested :
— Spain                             18,473         18,236       18,109      18,295        18,438    18,280
— another Member State              24,017        23,780       23,653       23,839        23,982    23,824