CELEX: 31986R0557
Language: en
Date: 1986-03-01 00:00:00
Title: Commission Regulation (EEC) No 557/86 of 28 February 1986 fixing the amount of aid for peas, field beans and sweet lupins used in animal feed

No L 55/76                                Official Journal of the European Communities                                  1 . 3 . 86
                                      COMMISSION REGULATION (EEC) No 557/86
                                                       of 28 February 1986
                  fixing the amount of aid for peas, field beans and sweet lupins used in animal
                                                                feed
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          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 the Treaty establishing the European                aid for products harvested and processed in either of these
Economic Community,                                                  Member States should be reduced by the customs duty
                                                                     charged on importation of soya cake from third coun­
Having regard to the Act of Accession of Spain and                   tries ; whereas moreover in the case of products harvested
Portugal,                                                            and processed in Spain it must be reduced by the diffe­
                                                                     rence between the activating threshold price applied in
Having regard to Council Regulation (EEC) No 1431 /82                Spain and the common price ;
of 18 May 1982 laying down special measures for peas,
field beans and sweet lupins ('), as last amended by Regu­           Whereas transitional measures should be adopted
lation (EEC) No 1485/85 (2), and in particular Article 3 (6)         whereby between 1 March and 30 June 1986 aid is to be
thereof,                                                             granted only in respect of peas, field beans and sweet
                                                                     lupins harvested and processed in Spain, in Portugal or in
Having regard to Commission Regulation (EEC) No                      the Community as constituted at 31 December 1985 ;
3540/85 of 5 December 1985 laying down detailed rules                whereas, subject to adoption of the Commission Regula­
for the application of the special measures for peas, field          tion laying down the said transitional measures, no aid
beans and sweet lupins (3), as last amended by Council               should be fixed in respect of the period and the products
Regulation (EEC) No 3814/85 (4), and in particular Article           concerned ;
24 ( 1 ) thereof,
                                                                     Whereas, under Article 4 of Regulation (EEC) No
Whereas, as provided for in Article 3 ( 1 ) of Regulation            1431 /82, the average world market price for soya cake
(EEC) No 1431 /82, an aid is granted for peas, field beans           must be determined on the basis of the most favourable
and sweet lupins harvested in the Community and used                 purchase possibilities, excepting offers and quotations
in the manufacture of feedingstuffs where the average                which cannot be considered representative of the real
world market price of soya cake is lower than the activa­            market trend ; whereas account must be taken both of all
ting price ; whereas this aid is equal to a proportion of the        offers on the world market and of the prices quoted on
difference between these prices ; whereas this proportion            exchanges that are important for international trade ;
of the price difference was fixed in Article 3a of Council           whereas this this average price may be adjusted under the
Regulation (EEC) No 2036/82 (^ as last amended by                    conditions and in the manner specified in Article 1 (2) of
Regulation (EEC) No 1832/85 (^                                       Regulation (EEC) No 2036/82, in order to take account of
                                                                      the prices of competing products ; whereas separate
Whereas, as provided for in Article 2a of Regulation                  adjustments may be made for peas, for field beans and for
(EEC) No 1431 /82 the activating price for the aid for                sweet lupins ; whereas no adjustment may however be
peas, field beans and sweet lupins is increased monthly as           greater than the amount given by the calculation indi­
from the beginning of the third month of the marketing                cated in Article 3a of Commission Regulation (EEC) No
year ;                                                                2049/82 (10), as last amended by Regulation (EEC) No
                                                                      3319/85 C 1 ) ;
Whereas the threshold price activating the aid for peas,
 field beans and sweet lupins for the 1985/86 marketing               Whereas, under Article 1 of Regulation (EEC) No
year in the Member States of the Community as consti­                 2049/82, the average price must be determined per 100
 tuted on 31 December 1985 was fixed by Council Regula­
                                                                      kilograms of bulk soya cake of the standard quality
 tion (EEC) No 1486/85 (7); whereas the price in Spain                defined in Article 1 (2) of Regulation (EEC) No 1486/85
 and in Portugal applicable from 1 March 1986 was fixed               delivered to Rotterdam ;
 by Council Regulation (EEC) No 000/86 (8) ;
                                                                      Whereas the necessary adjustments, notably those referred
 Whereas the amount of the monthly increases in the                    to in Article 2 of Regulation (EEC) No 2049/82, must be
 threshold price was fixed by Regulation (EEC) No                      made for offers and quotations not of the type referred to
  1487/85f);                                                           above ;
 (') OJ  No L 162, 12. 6. 1982, p. 28 .                               Whereas, under Article 1 of Regulation (EEC) No
 (2) OJ  No L 151 , 10. 6. 1985, p. 7.                                 2036/82, when no offer or quotation can be used for
 (3) OJ  No L 342, 19. 12. 1985, p. 1 .                                determining the world market price of soya cake, it is to
 (4) OJ  No L 368 , 31 . 12. 1985, p. 9 .
 Is) OJ No L 219, 28 . 7. 1982, p. 1 .                                 be determined from offers of and quotations for soya cake
 («) OJ No L 173, 3 . 7. 1985, p. 3.
 Ì7) OJ No L 151 , 10. 6. 1985, p. 8 .
 (8) OJ No L 53, 1 . 3. 1986.                                          (10) OJ No L 219, 28 . 7. 1982, p. 36.
  ») OJ No L 151 , 10. 6. 1985, p. 10.                                  ") OJ No L 317, 28 . 11 . 1985, p. 15.
 ---pagebreak---  1 . 3 . 86                              Official Journal of the European Communities                              No L 55/77
obtained by the processing of soya seed in nity the                     these currencies recorded over a given period in rela­
Community and from offers of and quotations for compe­                  tion to the Community currencies referred to in the
ting products on the world market ; whereas in this case                previous indent, and the aforesaid correcting factor ;
the most favourable offers and quotations are to be taken
into account for :                                                 Whereas the aid must be fixed twice a month in order to
— bulk soya cake obtained by the processing of soya                be applied from the first and sixteenth each month ;
      seed in the Community delivered to Rotterdam, and            whereas it may be adjusted in between ;
— other oil cakes offered on the world market, adjusted
                                                                   Whereas the initial activating price for the aid for peas,
      as necessary to take account of the difference between
                                                                   field beans and sweet lupins has not yet been fixed for the
      their value and that of soya cake ;
                                                                   1986/87 marketing year ; whereas the amount of the aid
Whereas, under Article 3 of Regulation (EEC) No                    itself has been fixed on the basis of the activating price
3540/85, the term of validity of the certificates fixing the       for 1985/86 ; whereas the amount of the aid for this
aid in advance is limited to the end of the sixth month            marketing year has been fixed on the basis of the activa­
following that in which the application for the certificate        ting threshold price proposed by the Commission to the
is lodged ; whereas the amount of aid fixed in advance is          Council ; whereas this amount must be applied provisio­
adjusted as specified in Article 6 (3) of Regulation (EEC)         nally and confirmed or altered when the 1986/ 1987
No 2036/82 ; whereas the amount of the aid for the                 marketing year prices are known,
products in question is adjusted using the corrective
amount defined in Article 25 of Regulation (EEC) No
3540/85 whereas this corrective amount may be adjusted
as provided for in Article 26 of that Regulation ;                 HAS ADOPTED THIS REGULATION :
Whereas, if the aid system is to operate normally, refunds
should be calculated on the following basis :                                                Article 1
— in the case of currencies which are maintained in rela­
      tion to each other at any moment within a band of            The amount of the aid referred to in Article 3 ( 1 ) of Regu­
      2,25 % , a rate of exchange based on their central rate,     lation (EEC) No 1431 /82 is fixed in the Annex hereto.
      multiplied by the correcting factor provided for in the
      last subparagraph of Article 3 ( 1 ) of Council Regula­
      tion (•);                                                                              Article 2
— for other currencies, an exchange rate based on the
      arithmetic mean of the spot market rates of each of          This Regulation shall enter into force on 1 March 1986.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels, 28 February 1986.
                                                                             For the Commission
                                                                              Frans ANDRI^SSEN
                                                                                 Vice-President
(') OJ No L 164, 24. 6. 1985, p. 1 .
 ---pagebreak---  No L 55/78                                Official Journal of the European Communities                                              1 . 3. 86
                                                                   ANNEX
                      to Commission Regulation of 28 February 1986 fixing the amount of aid for peas, field
                                              beans and sweet lupins used in animal feed
                                             Amounts of the aid applicable from 1 March 1986
                                                                                                                                 (ECU/100 kg)
I                                                 Current
                                                  month
                                                                  1st
                                                                month
                                                                               2nd
                                                                             month
                                                                                              3rd
                                                                                            month
                                                                                                          4th
                                                                                                        month
                                                                                                                        5th
                                                                                                                     month
                                                                                                                                      6th
                                                                                                                                    month
 1 . Peas   and
     processed :
                  field  beans harvested  and
     (a) in the Community as constituted on
                                                                                        II
          31 December 1985                        15,359 (')   15,831 (')    15,831 (')     15,831 (')  14,751 (2)   14,751 (2)    14,931 (2)
     (b) in Spain                                 15,220       15,700        15,700         15,700      14,620 (2)   14,620 (2)    14,800 (2)
     (c) in Portugal                              14,818       15,320        15,320         15,320      14,240 (2)   14,240 (2)    14,420 (2)
2. Sweet lupins harveted and processed :       I                                        II
     (a) in the Community as constituted on
         31 December 1985                         17,604       18,235        18,235         18,235      1 8,235 (2)  1 8,235 (2)   1 8,235 (2)
     (b) in Spain                                 14,958       15,600        15,600         15,600      15,600 (2)   1 5,600 (2)   1 5,600 (2)
     (c) in Portugal                              16,882       17,553        17,553         17,553      17,553 (2)   17,553 (2)    17,553 (2)
(') Should a certificate of purchase at the minimum price include the terms : The contract does not provide for any price adjustment in
     respect of the following quantity      the amount of the aid shall be equal to 1 4,279 ECU per 1 00 kilograms in respect of the quantity
     concerned.
(2) Dependent on the initial activating price for the aid that is set for the 1986/87 marketing year.