CELEX: 31990R3174
Language: en
Date: 1990-11-01 00:00:00
Title: Commission Regulation (EEC) No 3174/90 of 31 October 1990 fixing the aid for soya beans

1 . 11 . 90                               Official Journal of the European Communities                             No L 304/47
                                     COMMISSION REGULATION (EEC) No 3174/90
                                                        of 31 October 1990
                                                  fixing the aid for soya beans
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          cerning special measures for soya beans (6), as last
                                                                     amended by Regulation (EEC) No 1231 /89 Q, the world
Having regard to the Treaty establishing the European                price for soya beans is to be determined on the basis of
Economic Community,                                                  the most favourable actual purchasing possibility, with the
                                                                     exception of offers and prices which may not be consi­
Having regard to the Act of Accession of Spain and                   dered as representative of the actual market trend ;
                                                                     whereas account is to be taken of offers made on the
Portugal,
                                                                     world market as well as the prices quoted on exchanges
                                                                     which are important in terms of international trade ;
Having regard to Council Regulation (EEC) No 1491 /85                whereas, under that Regulation, where the subsidy to be
of 23 May 1985 laying down special measures in respect               granted is fixed in advance, the amount of such subsidy
of soya beans ('), as last amended by Regulation (EEC) No            must be equal to the amount applicable on the day on
2217/88 (2), and in particular Article 2 (7) thereof,                which the application for advance fixing was lodged,
                                                                     adjusted by the difference between the target price valid
Having regard to Council Regulation (EEC) No 2286/88                 on that day and the target price valid on the identification
of 19 July 1988 providing for the granting of special aid            day ; whereas such adjustment should involve increasing
for soya beans produced and processed in Portugal (3),               or reducing the amount of subsidy applicable on the day
                                                                     on which the application was lodged by the corrective
Having regard to the opinion of the Monetary Committee,              amount and the difference between the target prices
                                                                     mentioned in Article 33 of Commission Regulation (EEC)
Whereas, pursuant to Article 2 (1 ) of Regulation (EEC) No           No 2537/89 of 8 August 1989 laying down detailed rules
 1491 /85, aid is to be granted for soya beans harvested             for the application of the special measure for soya
within the Community where the guide price for a                     beans (8), as last amended by Regulation (EEC) No
marketing year exceeds the world price ; whereas the said            2427/90 (9) ;
aid is to be equal to the difference between those two
prices ;
                                                                     Whereas, pursuant to Regulation (EEC) No 2537/89, the
Whereas the guide price for soya beans for the 1990/91               world market price is to be fixed per 100 kilograms and
marketing year was fixed by Council Regulation (EEC)                 calculated on the basis of the most favourable offers and
 No 1319/90 (4); whereas, pursuant to Articles 95 (2) and            quotations for delivery within 30 days following the date
293 (2) of the Act of Accession of Spain and Portugal, aid           when the said offers and quotations were recorded ;
 for soya beans harvested in these two Member States is to
be introduced in accordance with the provisions of para­
graphs 2 and 3 of the said Articles from the beginning of            Whereas, where the offers and quotations do not comply
the 1986/87 marketing year ;                                         with the said conditions, the necessary adjustments must
                                                                      be carried out, particularly those referred to in Article 40
 Whereas the prices fixed by the Council are to be reduced            of Regulation (EEC) No 2537/89 ;
 in accordance with Commission Regulation (EEC) No
 1756/90 of 27 June 1990 establishing the guide price
 fixed in ecus by the Council in the soya bean sector and
 reduced as a result of the monetary realignment of 5                Whereas the abatement of the subsidy which arises, where
January 1990 (*) ;                                                    appropriate, from the system of maximum guaranteed
                                                                      quantities for the 1990/91 marketing year, has not yet
Whereas, pursuant to Article 1 of Regulation (EEC) No                 been fixed ; whereas the amount of the subsidy for the
                                                                      1990/91 marketing year has been calculated provisionally
 2286/88, soya beans produced and processed in Portugal
                                                                      on the basis of an abatement of ECU 14,147 per 100 kilo­
 shall be eligible for special aid equal to the difference
 between the guide price for such beans in Portugal and              grams for Spain and ECU 16,733 per 100 kilograms for
                                                                      the other Member States :
 the price of imported soya beans ;
Whereas, pursuant to Council Regulation (EEC) No
 2194/85 of 25 July 1985 adopting general rules con                  Whereas, if the said system is to operate normally, aid
                                                                      should be calculated on the following basis :
 (') OJ  No L 151 , 10. 6.  1985, p. 15.
 0   OJ  No L 197,  26. 7.  1988, p. 11 .                            (*) OJ  No  L 204, 2. 8. 1985, p. 1 .
 (3) OJ  No L 201 , 27. 7.  1988, p. 2.                              0   OJ  No  L 128, 11 . 5. 1989, p. 24.
 (<) OJ  No L 132,  23. 5.  1990, p. 13.                             O   OJ  No  L 245, 22. 8. 1989, p. 8.
 M OJ No L 162, 28. 6. 1990, p. 19.                                   O  OJ  No  L 228, 22. 8 . 1990, p. 15.
 ---pagebreak--- No L 304/48                            Official Journal of the European Communities                               1 . 11 . 90
— in the case of currencies which are maintained in rela­        HAS ADOPTED THIS REGULATION :
    tion to each other at any given moment within a band
    of 2,25 %, a rate of exchange based on their central                                  Article 1
    rate, multiplied by the corrective factor provided for in
    the last paragraph of Article 3 (1) of Council Regula­
    tion (EEC) No 1 676/85 ('), as last amended by Regula­        1 . The amount of the aid provided for in Article 2 of
    tion (EEC) No 2205/90 (2),                                   Regulation (EEC) No 1 49 1 /85 and the amount of the
                                                                 special aid provided for in Article 1 of Regulation (EEC)
— for the other currencies, an exchange rate based on an          No 2286/88 in the case of Portugal shall be as set out in
    average of the ecus rates published in the 'C' series of      the Annex hereto.
    the Official Journal of the European Communities
    over a period to be determined, multiplied by the             2. However, the amount of the subsidy in the case of
    factor referred to in the preceding indent ;                  advance fixing for the 1990/91 marketing year for soja
Whereas the aid shall be fixed as often as the market situ­       beans, will be confirmed or replaced as from 1 November
                                                                  1990 to take into account, where appropriate, the applica­
ation so requires and so that it can be applied at least          tion of maximum guaranteed quantities for this
twice a month, one of which times shall be from the first
                                                                  marketing year.
day of each month ;
Whereas it follows from applying these provisions to the                                  Article 2
offers and quotations known to the Commission that the
subsidy on soya beans should be as set out in this Regula­        This Regulation shall enter into force on 1 November
tion,                                                             1990 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 31 October 1990.
                                                                           For the Commission
                                                                             Ray MAC SHARRY
                                                                       Member of the Commission
(') OJ No L 164, 24. 6. 1985, p. 1 .
R OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- 1 . 11 . 90                             Official Journal of the European Communities                                           No L 304/49
                                                                  ANNEX
                 to the Commission Regulation of 31 October 1990 fixing the aid for soya beans
                                                                                                                (ECU/100 kg)
                                                                                         Seed harvested in
                                                                                                            another Member
                                                                          Spain               Portugal            State
            Seed processed in current period (')
            — Spain                                                       0,000                23,335           23,335
            — Portugal                                                   17,791                23,335 0          23,335
            — another Member State                                       17,791                23,335            23,335
            Seed processed in first period (')
            — Spain                                                        0,000               23,104            23,104
            — Portugal                                                   17,560                23,104 0          23,104
            — another Member State                                       17,560                23,104            23,104
            Seed processed in second period (')
            — Spain                                                      17,374                22,918            22,918
            — Portugal                                                   17,374                22,918            22,918
            — another Member State                                       17,374                22,918            22,918
            Seed processed in third period (')
            — Spain                                                      17,168                22,712            22,712
            — Portugal                                                   17,168                22,712            22,712
            — another Member State                                       17,168                22,712            22,712
            Seed processed in fourth period (l)
            — Spain                                                      17,062                22,606            22,606
            — Portugal                                                   17,062                22,606            22,606
            — another Member State                                       17,062                22,606            22,606
            Seed processed in fifth period (')
            — Spain                                                      17,153                22,697            22,697
            — Portugal                                                   17,153                 22,697           22,697
            — another Member State                                       17,153                 22,697           22,697
            (") Special aid.
            (') Subject, in cases of advance fixing for the 1990/91 marketing year, to application of maximum guaranteed quan­
                tity arrangements for that marketing year.