CELEX: 51988PC0120(25)
Language: en
Date: 1988-04-05
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 1491/85 LAYING DOWN SPECIAL MEASURES IN RESPECT OF SOYA BEANS

No C 139/28                           Official Journal of the European Communities                                   30. 5. 88
Whereas Article 5 of Council Regulation (EEC) No 1594/            1. In the second subparagraph of Article 5, the word 'first'
83 (x), as last amended by Regulation (EEC) N o . . . ,               is replaced by 'third'.
provides for a time limit for the issuing of the advance
fixing part of the Community certificate on the subsidy for       2. In Article 9, the words 'heading No 12.01 of the
oil seeds; whereas that time limit should be extended to              Common Customs Tariff are replaced by 'subheadings
enable controls to be improved;                                       1201 00, 1202 00, 1203 00, 1204 00, 1205 00, 1206 00
                                                                      and 1207 00 of the Combined Nomenclature'.
Whereas the wording of Article 9 of Regulation (EEC) No
1594/83 should be adjusted to the Combined Nomencla-
ture,                                                                                        Article 2
HAS ADOPTED THIS REGULATION:                                      This Regulation shall enter into force on the third day
                                                                  following its publication in the Official Journal of the
                          Article 1                               European      Communities.
Regulation (EEC) No 1594/83 is hereby amended as                  Article 1(1) shall apply from 1 July 1988 as regards rape
follows:                                                          seed and from 1 August 1988 as regards sunflower seed.
                                                                  This Regulation shall be binding in its entirety and directly
(!) OJ No L 163, 22. 6. 1983, p. 44.                              applicable in all Member States.
              Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1491/85 laying down
                                         special measures in respect of soya beans
                                                         (88/C 139/25)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          HAS ADOPTED THIS REGULATION:
Having regard to the Treaty establishing the European                                        Article 1
Economic Community, and in particular Article 43 thereof,
                                                                  Article 2(2) of Regulation (EEC) No 1491/85 is hereby
                                                                  replaced by the following:
Having regard to the proposal from the Commission,
                                                                      '2. Aid shall be granted to any processor of soya beans
                                                                      who has concluded with individual or associated soya
Having regard to the opinion of the European Parliament,              bean producers a contract providing for payment to the
                                                                      producer of a price at least equal to the minimum price
                                                                      referred to in paragraph 3. However, in Member States
                                                                      where the marketing of soya beans is subject to national
Having regard to the opinion of the Economic and Social               laws ensuring adequate organization and controls, the
Committee,                                                            aid may be granted to a first purchaser who is not the
                                                                      processor.
Whereas, to take account of the sharp increase in                     Where the first purchaser is the processor of the beans,
Community production, the requirements to be met by                   the aid shall be granted once proof of processing has
operators qualifying for the aid provided for in Article 2 of         been provided.
Council Regulation (EEC) No 1491/85 (*), as last amended
by Regulation (EEC) No 4002/87 (2), should be made                    In other cases, the aid shall be granted to first
stricter,                                                             purchasers:
                                                                      — meeting certain conditions to be determined,
(!) OJ No L 151, 10. 6. 1985, p. 15.
(2) OJ No L 377, 31. 12. 1987, p. 45.                                 — approved by the Member State,
 ---pagebreak--- 30. 5. 88                                Official Journal of the European Communities                              No C 139/29
     — who have provided proof of the sale or delivery of           following its publication in the Official Journal of the
       the soya beans to a processor.'                              European Communities.
                                                                    It shall apply from 1 September 1988.
                           Article 2
                                                                    This Regulation shall be binding in its entirety and directly
This Regulation shall enter into force on the third day             applicable in all Member States.
              Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 2194/85 adopting
                                    general rules concerning special measures for soya beans
                                                          (88/C 139/26)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            HAS ADOPTED THIS REGULATION:
                                                                                               Article 1
Having regard to the Treaty establishing the European
Economic Community,
                                                                    Regulation (EEC) No 2194/85 is hereby amended as
                                                                    follows:
Having regard to Council Regulation (EEC) No 1491/85 of             1. Article 2 is replaced by the following:
23 May 1985 laying down special measures for soya
beans (1), as last amended by Regulation (EEC) No ..., and              'Article 2
in particular Article 2(6) thereof,
                                                                        1. The aid provided for in Article 2(2) of Regulation
                                                                        (EEC) No 1491/85 shall be granted on application to
Having regard to the proposal from the Commission,                      any processor of soya beans harvested and processed in
                                                                        the community who:
                                                                        (a) meets at least the following conditions:
Whereas Community production of soya beans has risen
sharply in recent years; whereas the system for verifying                   — he keeps stock records meeting requirements to
entitlement to the aid and the amount of the aid to be                          be laid down,
granted in the case of advance fixing should be adjusted to
this new situation;                                                         — he undertakes to furnish any further supporting
                                                                                documents that may prove necessary for the
                                                                                purpose of checking entitlement to the aid,
Whereas, so as to adjust the amount of the aid better to the                — he undertakes to declare the cases referred to in
market situation, in the case of advance fixing of the aid,                     the second subparagraph of Article 6(1);
that amount should be corrected depending on the changes
in the guide price and the price trends on the world market;            (b) submits, before a date to be determined, to the
                                                                            competent agency of the Member State in which the
                                                                            beans are harvested:
Whereas, where an abnormal situation threatens to cause
                                                                            — a contract concluded with the producer specify-
disturbance of the market, the possibility of fixing the
                                                                                ing certain conditions,
amount of the aid in advance should be suspended;
whereas it must be possible to decide on that suspension
                                                                            — a declaration of the quantity of soya beans
and implement it urgently;
                                                                                actually delivered; that document shall be signed
                                                                                by both parties.
Whereas Council Regulation (EEC) No 2194/85 (2), as last                2. Where a Member State has national laws governing
amended by Regulation (EEC) No ..., must be adapted                     the marketing of soya beans and where such laws
accordingly,                                                            provide sufficient guarantees as regards the checking of
                                                                        entitlement to the aid, the Member State may grant the
                                                                        aid to first purchasers who are not processors, provided
                                                                        that they are approved beforehand, that they meet the
 (!) OJ No L 151, 10. 6. 1985, p. 15.                                   conditions laid down for processors, and that they
 (2) OJ No L 204, 2. 8. 1985, p. 1.                                     submit to the agency designated by the Member State in