CELEX: 51988PC0120(26)
Language: en
Date: 1988-04-05
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 2194/85 ADOPTING GENERAL RULES CONCERNING SPECIAL MEASURES FOR SOYA BEANS

30. 5. 88                                Official Journal of the European Communities                              No C 139/29
     — who have provided proof of the sale or delivery of           following its publication in the Official Journal of the
       the soya beans to a processor.'                              European Communities.
                                                                    It shall apply from 1 September 1988.
                           Article 2
                                                                    This Regulation shall be binding in its entirety and directly
This Regulation shall enter into force on the third day             applicable in all Member States.
              Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 2194/85 adopting
                                    general rules concerning special measures for soya beans
                                                          (88/C 139/26)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            HAS ADOPTED THIS REGULATION:
                                                                                               Article 1
Having regard to the Treaty establishing the European
Economic Community,
                                                                    Regulation (EEC) No 2194/85 is hereby amended as
                                                                    follows:
Having regard to Council Regulation (EEC) No 1491/85 of             1. Article 2 is replaced by the following:
23 May 1985 laying down special measures for soya
beans (1), as last amended by Regulation (EEC) No ..., and              'Article 2
in particular Article 2(6) thereof,
                                                                        1. The aid provided for in Article 2(2) of Regulation
                                                                        (EEC) No 1491/85 shall be granted on application to
Having regard to the proposal from the Commission,                      any processor of soya beans harvested and processed in
                                                                        the community who:
                                                                        (a) meets at least the following conditions:
Whereas Community production of soya beans has risen
sharply in recent years; whereas the system for verifying                   — he keeps stock records meeting requirements to
entitlement to the aid and the amount of the aid to be                          be laid down,
granted in the case of advance fixing should be adjusted to
this new situation;                                                         — he undertakes to furnish any further supporting
                                                                                documents that may prove necessary for the
                                                                                purpose of checking entitlement to the aid,
Whereas, so as to adjust the amount of the aid better to the                — he undertakes to declare the cases referred to in
market situation, in the case of advance fixing of the aid,                     the second subparagraph of Article 6(1);
that amount should be corrected depending on the changes
in the guide price and the price trends on the world market;            (b) submits, before a date to be determined, to the
                                                                            competent agency of the Member State in which the
                                                                            beans are harvested:
Whereas, where an abnormal situation threatens to cause
                                                                            — a contract concluded with the producer specify-
disturbance of the market, the possibility of fixing the
                                                                                ing certain conditions,
amount of the aid in advance should be suspended;
whereas it must be possible to decide on that suspension
                                                                            — a declaration of the quantity of soya beans
and implement it urgently;
                                                                                actually delivered; that document shall be signed
                                                                                by both parties.
Whereas Council Regulation (EEC) No 2194/85 (2), as last                2. Where a Member State has national laws governing
amended by Regulation (EEC) No ..., must be adapted                     the marketing of soya beans and where such laws
accordingly,                                                            provide sufficient guarantees as regards the checking of
                                                                        entitlement to the aid, the Member State may grant the
                                                                        aid to first purchasers who are not processors, provided
                                                                        that they are approved beforehand, that they meet the
 (!) OJ No L 151, 10. 6. 1985, p. 15.                                   conditions laid down for processors, and that they
 (2) OJ No L 204, 2. 8. 1985, p. 1.                                     submit to the agency designated by the Member State in
 ---pagebreak--- No C 139/30                               Official Journal of the European Communities                                    30. 5. 88
   question a declaration indicating the quantity of soya                provided for in the second subparagraph of para-
   beans sold or delivered to a processor.'                              graph 2.
                                                                         Except in cases of force majeure, that security shall be
2. The last subparagraph of Article 3 is replaced by the                 forfeit, in whole or in part, if the abovementioned
   following:                                                            conditions are not met or are met only partially within
                                                                         the time limit laid down.'
   'However, on application by the first purchaser, the aid
   may be paid in advance on presentation of the delivery
   declaration referred to in Article 2(1) (b) provided that a       4. The following Article 4a is inserted:
   security equal to the highest amount of the aid applied
   for is lodged.'                                                       'Article 4a
3. Article 4 is replaced by the following:                               In the case of advance fixing of the aid, the amount of
                                                                         the aid applicable on the day the aid applications are
                                                                         submitted shall be adjusted by:
   'Article 4
                                                                         — the difference between the guide price applicable on
    1. The amount of the aid shall be that applicable on                      that day and, depending on the case set out in Article
   the day on which the party concerned submits an aid                        4(2), that applicable on the day of processing or that
   application to the competent agency of the producer                        applicable on the day of delivery or sale;
   Member State. The amount of that aid shall be
   applicable to quantities of beans processed or, as the
                                                                         — a corrective amount calculated taking account of the
   case may be, delivered or sold by the first purchaser in
                                                                              trend in the forward prices on the world market.'
   the month during which the aid application was
   submitted.
                                                                     5. The following Article 4b is inserted:
   However, the amount of the aid applicable on the day
   on which the aid application is submitted, adjusted
                                                                         'Article 4b
   pursuant to Article 4a, shall be applied, on application
   together with the aid application by the party con-
   cerned, to quantities of beans processed or, as the case               1. In abnormal situations and where such situations
    may be, delivered or sold within the time limits laid                are causing or threaten to cause disturbance of the
   down in the second subparagraph of paragraph 2.                       Community market in soya beans, a decision may be
                                                                         taken to suspend the advance fixing of aid for the period
                                                                         necessary for balance to be restored on the market.
    2. Aid applications shall relate to all the production to
    be delivered under one or more contracts or to all the
    quantity received under one or more delivery declar-                 2. The suspension provided for in paragraph 1 may be
    ations relating to one or more contracts and shall be                extended to applications for aid fixed in advance which
    signed by the producer and the first purchaser. Aid                   are submitted in the three working days preceding that
    applications shall be submitted after the said contracts             of its entry into force where:
    or declarations are lodged.
                                                                          (a) there is a substantive error in the amount of the aid
    If applications are submitted by:                                         which is published,
    (a) a first purchaser who processes the soya beans, it                (b) certain factors may lead to discrimination between
        shall entail the obligation on him to process the                     the parties concerned.
        production or the quantity indicated within a time
        limit to be determined, and the aid application must              3. Suspension of advance fixing shall be decided on in
        be submitted before processing;                                   accordance with the procedure laid down in Article 38
                                                                          of Regulation No 136/66/EEC.
    (b) a first purchaser other than the processor of the soya
        beans, it shall entail the obligation on him to deliver           However, in an emergency, the Commission may decide
        or sell production or the quantity indicated to a                 on such a suspension; in such cases, the duration of
        processor within a time limit to be determined, and               suspension may not exceed five days.'
        the aid application must be lodged before the
        dispatch of the products.
                                                                      6. The following subparagraph is added to Article 6(1):
    3. In the case referred to in the second subparagraph
    of paragraph 1, aid applications must be accompanied                  'Each time the quantity delivered by a producer to a first
    by a security ensuring compliance with the obligations                purchaser exceeds that which may be reasonably
 ---pagebreak--- 30. 5. 88                                 Official Journal of the European Communities                              No C 139/31
    produced on the area concerned and in doubtful cases,                delivered by the Commission before the end of the
    the Member State shall carry out suitable checks.'                   month following the forwarding of the provisions.'
                                                                                                Article 2
7. The following paragraph is added to Article 8:
                                                                     This Regulation shall enter into force on the third day
    'For the purposes of approving first purchasers other            following its publication in the Official Journal of the
    than processors, the Member States shall forward to the          European Communities.
    Commission national provisions on the marketing of               It shall apply from 1 September 1988.
    soya beans as referred to in Article 2(2) and shall take
    account of the opinion on the effectiveness of the               This Regulation shall be binding in its entirety and directly
    criteria for approval and of the checks provided for,            applicable in all Member States.
                Proposal for a Council Regulation (EEC) fixing, for the 1988/1989 marketing year, the activating
                   price for aid, the guide price and the minimum price for peas, field beans and sweet lupins
                                                           (88/C 139/27)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             cake which is representative of the average quality sold on
                                                                     the Community market;
Having regard to the Treaty establishing the European
                                                                     Whereas Article 2(3) of Regulation (EEC) No 1431/82
Economic Community,
                                                                     provides that the guide price for peas and field beans for
                                                                     human consumption must be fixed at a level which is fair to
                                                                     producers, taking account of the Community's supply
Having regard to the Act of Accession of Spain and
                                                                     requirements; whereas this price must relate to a standard
Portugal, and in particular Article 89(1) thereof,
                                                                     quality;
Having regard to Council Regulation (EEC) No 1431/82 of              Whereas Article 3 of Regulation (EEC) No 1431/82
18 May 1982 laying down special measures for peas and                provides for the fixing of a minimum price which, allowing
field beans ( ! ), as last amended by Regulation (EEC) No ...,       for market fluctuations and for the cost of transport of the
and in particular Article 2(1) and (5) and Article 3(3)              products from producer to processor, enables producers to
thereof,                                                             obtain a fair return;
                                                                     Whereas under Article 68 of the Act of Accession prices in
Having regard to the proposal from the Commission,                   Spain have been set at a level differing from that of the
                                                                     common prices for sweet lupins; whereas pursuant to
                                                                     Article 70(1) of the Act of Accession Spanish prices should
Having regard to the opinion of the European Parliament,             be aligned with the common prices in annual steps at the
                                                                     beginning of each marketing year; whereas the rules on this
                                                                     alignment laid down give the Spanish prices set out below,
Having regard to the opinion of the Economic and Social
Committee,
                                                                     HAS ADOPTED THIS REGULATION:
Whereas Article 2(2) of Regulation (EEC) No 1431/82
provides that a price activating the aid for peas, field beans
and sweet lupins must be fixed for soya cake at a level                                         Article 1
which, while ensuring a fair income for producers, enables
peas, field beans and sweet lupins to compete normally
with soya cake for use in animal feed;                                1. For the 1988/1989 marketing year the activating price
                                                                         for aid, as referred to in Article 2 of Regulation (EEC)
                                                                         No 1431/82, shall be:
Whereas this activating price for aid for peas, field beans
and sweet lupins must relate to a standard quality of soya               (a) for Spain:
                                                                             — 44,76 ECU per 100 kilograms, for peas and field
(!) OJ No L 162, 12. 6. 1982, p. 28.                                             beans,