CELEX: 31987R1352
Language: en
Date: 1987-05-16 00:00:00
Title: Commission Regulation (EEC) No 1352/87 of 15 May 1987 fixing the amount of aid for peas, field beans and sweet lupins used in animal feed

16. 5. 87                              Official Journal of the European Communities                            No L 127/ 19
                                   COMMISSION REGULATION (EEC) No 1352/87
                                                       of 15 May 1987
                  fixing the amount of aid for peas, field beans and sweet lupins used in animal
                                                             feed
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Whereas the amount of the monthly increases in the
                                                                  threshold price was fixed by Regulation (EEC) No
                                                                  1465/86 (8) ;
Having regard to the Treaty establishing the European
Economic Community,                                               Whereas, in the absence of the activating price for the
                                                                  1987/88 marketing year for peas, field beans and sweet
                                                                  lupins the amount of the subsidy in the case of advance
Having regard to the Act of Accession of Spain and                fixing for July, August, September, October and
Portugal,                                                         November 1987 for peas, field beans and sweet lupins has
                                                                  been obtainable only provisionally on the basis of the
                                                                  activating price proposed by the Commission to the
Having regard to Council Regulation (EEC) No 1431 /82             Council for the marketing year 1987/88 ; whereas this
of 18 May 1982 laying down special measures for peas,             amount may, therefore, be applied on a temporary basis
field beans and sweet lupins ('), as last amended by Regu­        and should be confirmed or replaced when the activating
lation (EEC) No 3127/86 (2), and in particular Article 3 (6)      price for the 1987/88 marketing year is known ;
thereof,
                                                                  Whereas pursuant to Articles 121 (2) and 307 (2) of the
                                                                  Act of Accession of Spain and Portugal the amount of the
Having regard to Commission Regulation (EEC) No                   aid for products harvested and processed in either of these
3540/85 of 5 December 1985 laying down detailed rules             Member States should be reduced by the customs duty
for the application of the special measures for peas, field       charged on importation of soya cake from third coun­
beans and sweet lupins (3), as last amended by Council            tries ; whereas moreover in the case of sweet lupins
Regulation (EEC) No 729/87 (4), and in particular Article         harvested in Spain it must be reduced by the difference
24 ( 1 ) thereof,                                                 between the activating threshold price applied in Spain
                                                                  and the common price ;
                                                                  Whereas transitional measures should be adopted
Whereas, as provided for in Article 3 ( 1 ) of Regulation         whereby the aid is granted, between 1 July 1986 and 30
(EEC) No 1431 /82, an aid is granted for peas, field beans        December 1987, only in respect of sweet lupins harvested
and sweet lupins harvested in the Community and used              and processed in Spain or in the other Member States ;
in the manufacture of feedingstuffs where the world               whereas, pending the adoption of the Commission Regu­
market price of soya cake is lower than the activating            lation providing for the transitional measures in question,
price ; whereas this aid is equal to a proportion of the          no aid should be fixed for the period and the products in
difference between these prices ; whereas this proportion         question ;
of the price difference was fixed in Article 3a of Council
Regulation (EEC) No 2036/82 (^ as last amended by                 Whereas, under Article 4 of Regulation (EEC) No
Regulation (EEC) No 3527/86 {%                                    1431 /82, the world market price for soya cake must be
                                                                  determined on the basis of the most favourable purchase
                                                                  possibilities, excepting offers and quotations which
Whereas, as provided for in Article 2a of Regulation              cannot be considered representative of the real market
(EEC) No 1431 /82 the activating price for the aid for            trend ; whereas account must be taken both of all offers
peas, field beans and sweet lupins is increased monthly as        on the world market and of the prices quoted on
from the beginning of the third month of the marketing            exchanges that are important for international trade ;
year ;                                                            whereas this price may be adjusted under the conditions
                                                                  and in the manner specified in Article 1 (2) of Regulation
                                                                  (EEC) No 2036/82, in order to take account of the prices
Whereas the threshold price activating the aid for peas,          of competing products ; whereas separate adjustments
field beans and sweet lupins for the 1986/87 marketing            may be made for peas, for field beans and for sweet
year was fixed by Council Regulation (EEC) No                     lupins ; whereas no adjustment may however be greater
 1464/86 0 ;                                                      than the amount given by the calculation indicated in
                                                                  Article 3a of Commission Regulation (EEC) No
(>) OJ No L 162, 12. 6. 1982, p. 28 .                             2049/82 ('), as last amended by Regulation (EEC) No
(J) OJ No L 292, 16. 10 . 1986, p. 1 .                             1238/87 (10) ;
(3) OJ No L 342, 19 . 12. 1985, p. 1 .
ft OJ No L 71 , 14. 3. 1987, p. 16.
 0 OJ No L 219, 28 . 7. 1982, p. 1 .                              (8) OJ No L 133, 21 . 5. 1986, p. 23.
Q OJ No L 326, 21 . 11 . 1986, p. 1 .                             0 OJ No L 219, 28 . 7. 1982, p. 36.
h OJ No L 133. 21 . 5. 1986. o. 21 .                               10) OJ No L 117, 5. 5. 1987, p. 9.
 ---pagebreak--- No L 127/20                           Official Journal of the European Communities                                  16 . 5 . 87
Whereas, under Article 1 of Regulation (EEC) No                 Whereas, if the aid system is to operate normally, refunds
2049/82, the price must be determined per 100 kilograms         should be calculated on the following basis :
of bulk soya cake of the standard quality defined in            — in the case of currencies which are maintained in rela­
Article 1 (2) of Regulation (EEC) No 1464/86 delivered to            tion to each other at any moment within a band of
Rotterdam ;
                                                                     2,25 % , a rate of exchange based on their central rate,
Whereas the necessary adjustments, notably those referred            multiplied by the correcting factor provided for in the
to in Article 2 of Regulation (EEC) No 2049/82, must be              last subparagraph of Article 3 ( 1 ) of Council Regula­
made for offers and quotations not of the type referred to           tion (') ;
above ;                                                         — for other currencies, an exchange rate based on the
                                                                     arithmetic mean of the spot market rates of each of
Whereas, under Article 1 of Regulation (EEC) No                      these currencies recorded over a given period in rela­
2036/82, when no offer or quotation can be used for                  tion to the Community currencies referred to in the
determining the world market price of soya cake, it is to            previous indent, and the aforesaid correcting factor ;
be determined from offers of and quotations for soya cake       Whereas the aid must be fixed twice a month in order to
obtained by the processing of soya seed in nity the
Community and from offers of and quotations for compe­          be applied from the first and sixteenth each month ;
ting products on the world market ; whereas in this case        whereas it may be adjusted in between,
the most favourable offers and quotations are to be taken
into account for :                                              HAS ADOPTED THIS REGULATION :
— bulk soya cake obtained by the processing of soya
    seed in the Community delivered to Rotterdam, and                                       Article 1
— other oil cakes offered on the world market, adjusted         1 . The amount of the aid referred to in Article 3 ( 1 ) of
    as necessary to take account of the difference between      Regulation (EEC) No 1431 /82 is fixed in the Annex
    their value and that of soya cake ;                         hereto .
Whereas, under Article 3 of Regulation (EEC) No                 2. However, the amount of the subsidy in the case of
3540/85, the term of validity of the certificates fixing the    advance fixing for July, August, September, October and
aid in advance is limited to the end of the sixth month         November 1987 for peas, field beans and sweet lupins will
following that in which the application for the certificate     be confirmed or replaced as from 16 May 1987 to take
is lodged ; whereas the amount of aid fixed in advance is       into account, where appropriate, the effects of the applica­
adjusted as specified in Article 6 (3) of Regulation (EEC)      tion of the activating price for these products for the
No 2036/82 ; whereas the amount of the aid for the              1987/88 marketing year.
products in question is adjusted using the corrective
amount defined in Article 25 of Regulation (EEC) No                                         Article 2
3540/85 whereas this corrective amount may be adjusted
as provided for in Article 26 of that Regulation ;              This Regulation shall enter into force on 16 May 1987.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 15 May 1987.
                                                                           For the Commission
                                                                            Frans ANDRIESSEN
                                                                                Vice-President
                                                                (') OJ No L 164, 24. 6. 1985, p. 1 .
 ---pagebreak--- 16 . 5. 87                                    Official Journal of the European Communities                                No L 127/21
                                                                        ANNEX
                    to the Commission Regulation of 15 May 1987 fixing the amount of aid for peas, field
                                                beans and sweet lupins used in animal feed
                                               Amounts of the aid applicable from 16 May 1987
                                                                                                                            (ECU/100 kg)
I                                                    Current
                                                      month
                                                                       2nd
                                                                     month
                                                                                      3rd
                                                                                    month
                                                                                                   4th
                                                                                                  month
                                                                                                            5th
                                                                                                          month
                                                                                                                     6th
                                                                                                                   month
                                                                                                                                 7th
                                                                                                                               month
1 . Peas and field beans :                                                                                        I
    (a) used in Spain                                 17,375         17,375       13,392 0      13,392 0 13,572 0 13,647 0    13,827 0
    (b) used in Portugal                              17,081         17,081       13,099 (')    13,099 0 13,279 0 13,349 0    13,529 0
    (c) used in another Member State                  17,476         17,476       13,494 (')    13,494 0 13,674 0 13,750 0    13,930 0
2. Sweet lupins :                                                                                                 I
    (a) harvested and used in Spain                   17,646         17,646       15,096 (')    15,096 0 15,096 0 14,956 0    14,956 0
    (b) harvested in another Member State
        and :                                                                                                     I
        — used in Portugal                            19,379         19,379       16,289 (■)    16,289 0 16,289 0 16,143 0    16,143 0
        — used in the Community as
            constituted at 31 December 1985           19,906         19,906       16,8160       16,816 0 16,816 0 16,678 0    16,678 0
(') Dependent on the initial activating price for the aid that is set for the 1987/ 1988 marketing year.