CELEX: 31992R3870
Language: en
Date: 1992-12-31 00:00:00
Title: Commission Regulation (EEC) No 3870/92 of 30 December 1992 fixing the amount of aid for peas, field beans and sweet lupins

31 . 12. 92                                 Official Journal of the European Communities                             No L 390 / 111
                                      COMMISSION REGULATION (EEC) No 3870/92
                                                        of 30 December 1992
                             fixing the amount of aid for peas, field beans and sweet lupins
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           increases in the threshold price was fixed by Council
                                                                      Regulation (EEC) No 1752/92 (8) ;
Having regard to the Treaty establishing the European
Economic Community,                                                   Whereas the abatement of the subsidy which arises from
                                                                       the system of maximum guaranteed quantities for the
                                                                       1992/93 year, has been fixed by Commission Regulation
Having regard to the Act of Accession of Spain and                    (EEC) No 251 2/92 f), as amended by Regulation (EEC)
Portugal,                                                              No 2752/92 (,0) ;
Having regard to Council Regulation (EEC) No 1431 /82                  Whereas, pursuant to Article 4 of Regulation (EEC) No
of 18 May 1982 laying down special measures for peas,                  1431 /82, the world market price for soya cake must be
field beans and sweet lupins ('), as last amended by Regu­             determined on the basis of the most favourable purchase
lation (EEC) No 1750/92 (2), and in particular Article 3 (6)           possibilities, excepting offers and quotations which
(a) thereof,                                                           cannot be considered representative of the real market
                                                                       trend ; whereas account must be taken both of all offers
Having regard to Commission Regulation (EEC) No                        on the world market and of the prices quoted on
3540/85 of 5 December 1985 laying down detailed rules                  exchanges that are important for international trade ;
for the application of the special measures for peas, field
beans and sweet lupins (3), as last amended by Regulation              Whereas, pursuant to Article 1 of Commission Regulation
(EEC) No 1734/92 (4), and in particular Article 26a (7)                (EEC) No 2049/82 (u), as last amended by Regulation
thereof,                                                               (EEC) No 1238/87 C 2), the price must be determined per
                                                                        100 kilograms of bulk soya cake of the standard quality
                                                                       defined in Article 1 (2) of Council Regulation (EEC) No
Whereas, as provided for in Article 3 ( 1 ) of Regulation               1464/86 (13) delivered to Rotterdam ; whereas the neces­
(EEC) No 1431 /82, aid is granted for peas, field beans and            sary adjustments, notably those referred to in Article 2 of
sweet lupins harvested in the Community and used in the                Regulation (EEC) No 2049/82, must be made for offers
manufacture of feedingstuffs where the world market                    and quotations not of the type referred to above ;
price of soya cake is lower than the activating price ;
whereas this aid is equal to a proportion of the difference
between these prices ; whereas this proportion of the price            Whereas Commission Regulation (EEC) No 3328/92 (l4)
difference was fixed in Article 3a of Council Regulation               limits the validity of the certificate provided for in Article
(EEC) No 2036/82 (*), as last amended by Regulation                    4 of Council Regulation (EEC) No 2036/82 to 30 June
(EEC) No 2206/90 (6) ;                                                  1993 ;
Whereas, in accordance with Article 3 (2) of Regulation                Whereas the representative market rates defined in Article
(EEC) No 1431 /82, aid is granted for peas and field beans              1 of Council Regulation (EEC) No 3813/92 (l5) are used to
harvested in the Community where the world market                      convert amounts expressed in third country currencies
price for these products is lower than the guide price ;               and are used as the basis for determining the agricultural
                                                                       conversion rates of the Member States' currencies ;
whereas this aid is equal to the difference between the
 two prices ;                                                          whereas detailed rules on the application and determina­
                                                                       tion of these conversions were set by Commission Regu­
                                                                       lation (EEC) No 3819/92 (16);
Whereas the threshold price activating the aid for peas,
 field beans and sweet lupins for the 1992/93 marketing                Whereas pursuant to Articles 121 (2) and 307(2) of the
year was fixed by Council Regulation (EEC) No                          Act of Accession the amount of the aid for products
 1751 /92 f) ; whereas, as provided for in Article 2a of                harvested and processed in either of these Member States
 Regulation (EEC) No 1431 /82, the activating price for the            should be reduced by the customs duty charged on
 aid for peas, field beans and sweet lupins is increased               importation of products from third countries ;
 monthly as from the beginning of the third month of the
 marketing year ; whereas the amount of the monthly
                                                                       (8) OJ  No  L 180, 1 . 7. 1992, p. 20 .
                                                                       O OJ    No  L 250, 29 . 8 . 1992, p . 15.
 (') OJ No   L 162,  12. 6. 1982, p. 28 .                              H OJ    No   L 279, 23. 9 . 1992, p. 18 .
 (2) OJ No   L 180,  1 . 7. 1992, p. 17.                               (") OJ  No   L 219 , 28 . 7. 1982, p. 36.
 (J) OJ No   L 342,  19 . 12. 1985, p. 1 .                             (I2) OJ No   L 117, 5. 5 . 1987, p. 9 .
(4)  OJ No   L 179,  30 . 7. 1992, p. 120 .                            H OJ    No   L 133, 21 . 5. 1986, p. 21 .
0    OJ No  L  219 , 28 . 7. 1982, p. 1 .                              (14) OJ No   L 334, 19 . 11 . 1992, p . 17.
(6)  OJ No  L  201 , 31 . 7. 1990, p. 11 .                             H OJ    No   L 387, 31 . 12. 1992, p . 1 .
0    OJ No  L  180 , 1 . 7. 1992, p. 18 .                              H OJ No L 387, 31 . 12. 1992.
 ---pagebreak---  No L 390/ 112                        Official Journal of the European Communities                                 31 . 12. 92
Whereas the world market price for peas and field beans          ecus, to be granted for 100 kilograms of the product, as
and the amount of aid referred to in Article 3 (2) of Regu­      soon as it is fixed ; whereas the gross aid in ecus resulting
lation (EEC) No 1431 /82 were fixed by Commission                from Article 3 of Regulation (EEC) No 1431 /82 is to be
 Regulation (EEC) No 1 899/9 1 (') ; whereas in terms of         converted directly into the national currencies at the agri­
Article 2a of Regulation (EEC) No 1431 /82 the guide             cultural conversion rate valid on the day of identification
price is increased monthly as from the beginning of the          in the Member State in which the products are used,
 third month of the marketing year ;
Whereas, pursuant to Article 26a of Regulation (EEC) No
3540/85, the gross aid expressed in ecus that results from       HAS ADOPTED THIS REGULATION :
Article 3 of Regulation (EEC) No 1431 /82 shall be
weighted by the differential amount referred to in Article
 12a of Regulation (EEC) No 2036/82 and then converted                                     Article 1
 into the final aid in the currency of the Member State in
which the products are harvested using the agricultural          The amounts of aid provided for in Article 3 (1 ) of Regu­
conversion rate of that Member State ;                           lation (EEC) No 1431 /82 is indicated in the Annexe
                                                                 hereto.
Whereas Article 26a of Regulation (EEC) No 3540/92 has
been repealed in accordance with Article 2 of Regulation
(EEC) No 3820/92 (2) ; whereas the Commission therefore                                    Article 2
 publishes in the Official Journal of the European
 Communities only the gross amount of aid, expressed in          This Regulation shall enter into force on 1 January 1993.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 30 December 1992.
                                                                          For the Commission
                                                                            Ray MAC SHARRY
                                                                      Member of the Commission
(') OJ No L 169, 29. 6. 1991 , p. 29.
O OJ No L 387, 31 . 12. 1992.
 ---pagebreak--- 31 . 12. 92                        Official Journal of the European Communities                    No L 390/ 113
                                                         ANNEX
                                                        Gross aid
Products intended for human consumption :
                                                                                                   (ECU per 100 kg)
                                       Current      1st period    2nd period 3rd period 4th period    5th period
                                          1              2            3          4           5             6
 5eas used :
 - in Portugal                         11,290         11,448        11,606     11,764     11,764        11,764
 - in antother Member State            11,350         11,508        11,666     11,824     11,824        11,824
 Jield beans used :
 - in Portugal                         11,290         11,448        11,606     11,764     11,764        11,764
 - in another Member State             11,350         11,508        11,666     11,824     11,824        11,824
Products used in animal feed :
                                                                                                   (ECU per 100 kg)
                                       Current      1st period    2nd period 3rd period 4th period    5th period
                                          1              2             3          4          5             6
     Peas used :
     — in Portugal                     11,306         11,464        12,083     12,548     12,764        12,764
     — in another Member State         11,306         11,464        12,083     12,548     12,764        12,764
B. Field beans used :
     — in Portugal                     11,306         11,464        12,083     12,548     12,764        12,764
     — in another Member State         11,306         11,464        12,083     12,548     12,764        12,764
C. Sweet lupins used :
     — in Portugal                     13,586         13,586        14,202     14,612     14,900        14,900
     — in another Member State         13,586         13,586        14,202     14,612     14,900        14,900