CELEX: 51989PC0040(25)
Language: en
Date: 1989-01-31
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 2194/85 ADOPTING GENERAL RULES CONCERNING SPECIAL MEASURES FOR SOYA BEANS

No C 82/30                             Official Journal of the European Communities                                        3. 4. 89
 month of the marketing year; whereas the terms of                          'Article 1
 Article 1 of Regulation No 724/67/EEC are in their present
 form incompatible with the purpose of the abovemen-                        During the last month of the marketing year interven-
 tioned provision and must therefore be amended;                            tion agencies shall buy in rape seed and sunflower seed
                                                                            at the intervention buying-in price applicable at the
 Whereas the new wording should, in order to correspond                     beginning of the year.'
 with the provisions of Article 26 of Regulation No 136/66/
 EEC as they now stand, refer to the intervention buying-in
 price,                                                                                             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.
 Article 1 of Regulation No 724/67/EEC is amended to                    It shall apply to rape seed from 1 July 1989 and to
 read:                                                                  sunflower seed from 1 August 1989.
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
               Done at...
                                                                                       For the Council
                                                          Proposal for a
                                           COUNCIL REGULATION (EEC) No ...
                                                                 of...
                amending Regulation (EEC) No 2194/85 adopting general rules concerning special measures
                                                          for soya beans
                                                            (89/C 82/25)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               should be introduced for soya beans the identification
                                                                       procedure applied to the oilseeds covered by Council
Having regard to the Treaty establishing the European                  Regulation No 136/66/EEC (3), as last amended by
Economic Community,                                                    Regulation (EEC) No ... (4), and the use of certificates;
                                                                       Whereas in the interests of sound administration the
Having regard to Council Regulation (EEC) No 1491/85 of                certificates should also be used where the aid is fixed in
23 May 1985 laying down special measures in respect of                 advance; whereas in such cases, in order to prevent
soya beans (*), as last amended by Regulation (EEC)                    speculation, issuing of the licence should be made
No 2217/88 (2), and in particular Article 2(6) thereof,                conditional on the lodging of security against a commit-
                                                                       ment to identify the seed during the period of validity of the
Having regard to the proposal from the Commission,                     licence;
                                                                       Whereas it should as a temporary measure until 31 De-
Whereas in the interests of sound administration and of the            cember 1992 be provided, in application of Article 2(2) of
greater economic effectiveness of the aid that will result if it       Regulation (EEC) No 1491/85, that the identification may
is possible for it to be fixed in advance by operators there           be carried out on delivery of the beans to a non-processing
(!) OJ No L 151, 10. 6. 1985, p. 15.                                   (3) OJ No 172, 30. 9. 1966, p. 3025.
(2) OJ No L ...                                                        (4) See page 27 of this Official Journal.
 ---pagebreak--- 3. 4. 89                                Official Journal of the European Communities                               No C 82/31
first purchaser, provided that he complies with certain               Identification shall be carried out following entry of the
requirements;                                                         beans into the processing undertaking but before
                                                                     processing.
Whereas in order to make it easier for the oil or feed
producer to calculate the cost price of his product the               However in the case indicated in Article 2(2) identifi-
amount of the aid should not depend on the time at which             cation shall, up to 31 December 1992, be carried out
processing is carried out; whereas the day on which the              following their entry into the store of the approved non-
beans are identified should therefore be made the                    processing first purchaser.
determining date for the amount of the aid;
                                                                     2. On request by the interested party the Member
Whereas the principles to be applied for fixing the amount           State shall identify the beans.
of the aid indicated in Article 2 of Regulation (EEC)
No 1491/85 in abnormal situations should be determined;              3. The aid shall be that applicable on the day on which
whereas moreover the terms under which it may be fixed in            the Member State identifies the beans.
advance must be adopted;
                                                                     However the rate applicable on the day on which the
Whereas it should be made possible, for the purposes of              application for the advance fixing part of the certificate
remedying an abnormal situation on the Community                     indicated in Article 4a was lodged, adjusted in
market, for the aid to be changed and advance fixing                 accordance with Article 4d, shall be applied at the
suspended; whereas to this end it should be specified that           interested party's request to seed identified during the
advance fixing is to be granted only at the end of a short           period of validity of the advance fixing part of the
period following lodging of the application during which             certificate.
the market situation will be assessed;
                                                                     4. The application for identification must relate to the
Whereas Council Regulation (EEC) No 2194/85 (*), as last             entire quantity received under cover of one or more
amended by Regulation (EEC) No 3555/88 (2), should                   delivery declarations, signed by both the producer and
therefore be amended,                                                the first purchaser, referring to one or more contracts.
                                                                     The application for identification must be lodged
                                                                     following lodgement of the said contracts and declar-
                                                                     ations. If the application is lodged by
HAS ADOPTED THIS REGULATION:
                                                                     (a) a first purchaser processing the beans, he shall be
                                                                         under an obligation to process the indicated
                           Article 1                                     production or quantity within a time limit to be
                                                                         determined.
Regulation (EEC) No 2194/85 is hereby amended as
                                                                         The application for identification must be lodged
follows:
                                                                         before processing.
1. The second paragraph of Article 3 shall read:                     (b) a first purchaser other than the processor, he shall be
                                                                         under an obligation to deliver or sell the indicated
                                                                         quantity to a processor within a time limit to be
    'However at the first purchaser's request the aid may be
                                                                         determined.
    advanced following identification of the seed provided
    that security is lodged for an amount equivalent to that
    advanced.'                                                           The application for identification must be lodged
                                                                         before removal of the products.
2. Article 4 is replaced by the following Articles 4 to 4d.          Article 4a
    'Article 4                                                       A two-part Community certificate shall be introduced,
                                                                     one part to provide evidence that beans harvested in the
                                                                     Community have been identified and the other to certify
    1. For the purposes of this Regulation identification
                                                                     if appropriate that the aid has been fixed in advance.
    shall be the act whereby the competent agency of the
                                                                     Both parts of the certificate shall be issued by the
    Member State certifies on application by the interested
                                                                     Member State on request by any interested party
    party that the aid to be granted for the quantity of soya
                                                                     fulfilling the conditions specified in Article 2.
    beans covered by the application shall be that applicable
    on the day when the application was lodged.
                                                                     Article 4b
(!) OJ No L 204, 2. 8. 1985, p. 1.                                   Save as otherwise provided in Article 4d the advance
(2) OJ No L 311, 17. 11. 1988, p. 8.                                 fixing part of the licence indicated in Article 4a shall be
 ---pagebreak--- No C 82/32                              Official Journal of the European Communities                                      3. 4. 89
   issued on the afternoon of the first working day                      Article 4d
   following that on which the application was lodged.
                                                                          1. If owing to an abnormal situation on the Com-
   The issuing of the advance fixing part of the certificate             munity soya bean market the normal disposal of
   shall be conditional on the lodging of security against an            products harvested in the Community is disturbed or is
   application for identification of the beans during the                likely to be disturbed a decision may be taken, covering
   period of validity of that part of the certificate. The               cases where the advance fixing part of the certificate has
   security shall be wholly or partly forfeit if during that             not yet been issued, to suspend advance fixing of the aid
   period the application for identification is not made or              for the period required for market balance to be
   is made for only part of the quantity concerned.                      restored.
   Article 4c
                                                                         2. The decision to suspend advance fixing shall be
    1. Where the aid is fixed in advance the rate applicable             taken using the procedure laid down in Article 38 of
   on the day on which the application lodged shall be                   Regulation No 136/66/EEC.
   adjusted in line with:
                                                                         However in cases of emergency the Commission may
   (a) the difference between the guide price valid on that
                                                                         itself decide to suspend advance fixing. In such cases the
       day and that valid on the day on which the beans are
                                                                        period of suspension may not exceed seven days.'
       identified, and
   (b) if necessary, a corrective amount.
                                                                                                Article 2
   2. The corrective amount indicated at (b) in para-
   graph 1 shall be determined in accordance with the
   trend of soya bean prices on the world market.                   This Regulation shall enter into force on the third day
                                                                    following its publication in the Official Journal of the
   3. If world market prices cannot be determined the               European Communities.
   amount shall be fixed for the month or months in
   question at a level such that the aid is nil.                    It shall apply from 1 September 1989.
              This Regulation shall be binding in its entirety and directly applicable in all Member States.
              Done at...
                                                                                      For the Council
                                                        Proposal for a
                                          COUNCIL REGULATION (EEC) No ...
                                                              of...
                    fixing, for the 1989/90 marketing year, the activating price for aid, the guide price
                                and the minimum price for peas, field beans and sweet lupins
                                                         (89/C 82/26)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Having regard to Council Regulation (EEC) No 1431/82 of
                                                                    18 May 1982 laying down special measures for peas and
                                                                    field beans ( ! ), as last amended by Regulation (EEC)
                                                                    No 1104/88 (2), and in particular Article 2(1) and (5) and
                                                                    Article 3(3) thereof,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43 thereof,
Having regard to the Act of Accession of Spain and                  (!) OJ No L 162, 12. 6. 1982, p. 28.
Portugal, and in particular Article 89(1) thereof,                  (2) OJ No L 110, 29. 4. 1988, p. 16.