CELEX: 31985R3747
Language: en
Date: 1985-12-31 00:00:00
Title: Commission Regulation (EEC) No 3747/85 of 30 December 1985 fixing the amount of aid for peas, field beans and sweet lupins used in animal feed

No L 356/ 32                                Official Journal of the European Communities                                 31 . 12 . 85
                                         COMMISSION REGULATION (EEC) No 3747/85
                                                        of 30 December 1985
                   fixing the amount of aid for peas, field beans and sweet lupins used in animal
                                                                  feed
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                            offers on the world market and of the prices quoted on
                                                                       exchanges that are important for international trade ;
                                                                       whereas this this average price may be adjusted under the
Having regard to the Treaty establishing the European                  conditions and in the manner specified in Article 1 (2) of
Economic Community,                                                    Regulation (EEC) No 2036/82, in order to take account of
                                                                       the prices of competing products ; whereas separate
Having regard to Council Regulation (EEC) No 1431 /82                  adjustments may be made for peas, for field beans and for
of 18 May 1982 laying down special measures for peas,                  sweet lupins ; whereas no adjustment may however be
field beans and sweet lupins ('), as last amended by Regu­             greater than the amount given by the calculation indi­
lation (EEC) No 1485/85 (2), and in particular Article 3 (6)           cated in Article 3a of Commission Regulation (EEC) No
thereof,                                                               2049/82 (8), as last amended by Regulation (EEC) No
                                                                       3319/85f);
Having regard to Commission Regulation (EEC) No
3540/85 of 5 December 1985 laying down detailed rules                  Whereas, under Article 1 of Regulation (EEC) No
for the application of the special measures for peas, field            2049/82, the average price must be determined per 100
beans and sweet lupins (3), and in particular Article 24 ( 1 )         kilograms of bulk soya cake of the standard quality
thereof,                                                               defined in Article 1 (2) of Regulation (EEC) No 1486/85
                                                                       delivered to Rotterdam ;
Whereas, as provided for in Article 3 ( 1 ) of Regulation
(EEC) No 1431 /82, an aid is granted for peas, field beans
and sweet lupins harvested in the Community and used                   Whereas the necessary adjustments, notably those referred
in the manufacture of feedingstuffs where the average                  to in Article 2 of Regulation (EEC) No 2049/82, must be
world market price of soya cake is lower than the activa­              made for offers and quotations not of the type referred to
                                                                       above ;
ting price ; whereas this aid is equal to a proportion of the
difference between these prices ; whereas this proportion
of the price difference was fixed in Article 3a of Council
Regulation (EEC) No 2036/82 (4), as last amended by                    Whereas, under Article 1 of Regulation (EEC) No
Regulation (EEC) No 1 832/85 (^ ;                                      2036/82, when no offer or quotation can be used for
                                                                       determining the world market price of soya cake, it is to
                                                                       be determined from offers of and quotations for soya cake
Whereas, as provided for in Article 2a of Regulation                   obtained by the processing of soya seed in the Commu­
(EEC) No 1431 /82 the activating price for the aid for                 nity and from offers of and quotations for competing
peas, field beans and sweet lupins is increased monthly as             products on the world market ; whereas in this case the
from the beginning of the third month of the marketing                 most favourable offers and quotations are to be taken into
year ;                                                                 account for :
Whereas the initial activating price for the 1985/86                   — bulk soya cake obtained by the processing of soya
marketing year ; was fixed by Council Regulation (EEC)                     seed in the Community delivered to Rotterdam, and
No 1486/85 (6) ; whereas the amount of the monthly                     — other oil cakes offered on the world market, adjusted
increments of this price was fixed by Council Regulation                    as necessary to take account of the difference between
(EEC) No 1487/85 0 ;                                                        their value and that of soya cake ;
Whereas, under Article 4 of Regulation (EEC) No
 1431 /82, the average world market price for soya cake                Whereas, under Article 3 of Regulation (EEC) No
must be determined on the basis of the most favourable                 3540/85, the term of validity of the certificates fixing the
purchase possibilities, excepting offers and quotations                aid in advance is limited to the end of jthe sixth month
which cannot be considered representative of the real                  following that in which the application for the certificate
market trend ; whereas account must be taken both of all               is lodged ; whereas the amount of aid fixed in advance is
                                                                       adjusted as specified in Article 6 (3) of Regulation (EEC)
                                                                       No 2036/82 ; whereas the amount of the aid for the
(') OJ No L 162, 12. 6. 1982, p. 28 .
(2) OJ No L 151 , 10 . 6. 1985, p. 7.                                  products in question is adjusted using the corrective
 3) OJ  No  L 342,   19 . 12 . 1985, p. 1 .                            amount defined in Article 25 of Regulation (EEC) No
(4) OJ  No  L 219,   28 . 7. 1982, p. 1 .
0   OJ  No  L 173,   3 . 7. 1985, p. 3 .
(o) OJ  No  L 151 ,  10. 6. 1985, p. 8 .                               (8) OJ No L 219, 28 . 7. 1982, p. 36.
 7) OJ  No  L 151 ,  10 . 6. 1985, p. 10.                              n OJ No L 317, 28 . 11 . 1985, p . 15.
 ---pagebreak--- 31 . 12 . 85                            Official Journal of the European Communities                           No L 356/33
3540/85 ; whereas this corrective amount may be adjusted           1986/87 marketing year ; whereas the amount of the aid
as provided for in Article 26 of that Regulation ;                itself has been fixed on the basis of the activating price
                                                                  for 1985/86 ; whereas this amount should be used particu­
Whereas, if the aid system is to operate normally, refunds        larly and replaced on confirmed as soon as the 1986/87
should be calculated on the following basis :                     prices as known,
— 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,
     multiplied by the correcting factor provided for in the
                                                                  HAS ADOPTED THIS REGULATION :
     last subparagraph of Article 3 ( 1 ) of Council Regula­
     tion (! );
— for other currencies, an exchange rate based on the
     arithmetic mean of the spot market rates of each of                                    Article 1
     these currencies recorded over a given period in rela­
     tion to the Community currencies referred to in the          The amount of the aid referred to in Article 3 ( 1 ) of Regu­
     previous indent, and the aforesaid correcting factor ;       lation (EEC) No 1431 /82 is fixed in the Annex hereto.
Whereas the aid must be fixed twice a month in order to
be applied from the first and sixteenth each month ;
whereas it may be adjusted in between ;                                                     Article 2
Whereas the initial activating price for the aid for peas,
field beans and sweet lupins has not yet been fixed for the       This Regulation shall enter into force on 1 January 1986.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 30 December 1985.
                                                                            For the Commission
                                                                             Frans ANDRIESSEN
                                                                                Vice-President
(') OJ No L 164, 24. 6 . 1985, p. 1 .
 ---pagebreak--- No L 356/34                           Official Journal of the European Communities                                      31 . 12. 85
                                                             ANNEX
            to Commission Regulation of 30 December 1985 fixing the amount of aid for peas, field
                                        beans and sweet lupins used in animal feed
                                     Amounts of the aid applicable from 1 January 1986
                                                                                                           (ECU/100 kg)
                        Month of identification                 Peas and field beans              Sweet lupins
            January 1986                                             14,644 (')                      16,892
            February 1986                                            15,169 (')                      17,351
            March 1986                                               15,169 (')                      17,351
            April 1986                                               15,169 (')                      17,351
            May 1986                                                 15,083 0                        17,236
            June 1986                                                15,083 (')                      17,236
            July 1986                                                15,083 (2)                      17,236 (2)
            (') Should a certificate fixing the aid in advance include the terms : The contract does not provide for
                any price adjustment in respect of the following quantity : . . the amount of the aid shall be
                equal to 13,744 ECU per 100 kilograms in respect of the quantity concerned.
            (2) Dependent on the initial activating price for the aid that is set for the 1986/ 1987 marketing year.