CELEX: 51989PC0040(26)
Language: en
Date: 1989-01-31
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) 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

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.
 ---pagebreak--- 3. 4. 89                                Official Journal of the European Communities                             No C 82/33
Having regard to the proposal from the Commission,                 (b) for the other Member States
                                                                       — 44,76 ecus per 100 kilograms, for peas and field
Having regard to the opinion of the European Parliament,                   beans,
                                                                       — 43,05 ecus per 100 kilograms, for sweet lupins.
Having regard to the opinion of the Economic and Social
Committee,
                                                                   2. The price referred to in paragraph 1 shall relate to soya
                                                                   cake having
Whereas Article 2(2) of Regulation (EEC) No 1431/82
provides that a price activating the aid for peas, field beans     — a total crude protein content of 44 %,
and sweet lupins must be fixed for soya cake at a level
which, while ensuring a fair income for producers, enables         — a moisture content of 11 %.
peas, field beans and sweet lupins to compete normally
with soya cake for use in animal feed;                                                       Article 2
Whereas this activating price for aid for peas, field beans        1. For the 1989/90 marketing year, the guide price, as
and sweet lupins must relate to a standard quality of soya         referred to in Article 2 of Regulation (EEC) No 1431/82,
cake which is representative of the average quality sold on        shall be:
the Community market;
                                                                   (a) for Spain, 29,52 ecus per 100 kilograms, for peas and
                                                                       field beans;
Whereas Article 2(3) of Regulation (EEC) No 1431/82
provides that the guide price for peas and field beans for         (b) 29,52 ecus per 100 kilograms, for peas and field beans
human consumption must be fixed at a level which is fair to            for the other Member States.
producers, taking account of the Community's supply
requirements; whereas this price must relate to a standard         2. The price referred to in paragraph 1 shall relate to
quality;                                                           products in bulk, sound, genuine and of merchantable
                                                                   quality, with 3 % impurities and, for the product as such,
                                                                   14 % moisture content.
Whereas Article 3 of Regulation (EEC) No 1431/82
provides for the fixing of a minimum price which, allowing
for market fluctuations and for the cost of transport of the                                 Article 3
products from producer to processor, enables producers to
obtain a fair return;
                                                                   1. For the 1989/90 marketing year the minimum
                                                                   purchase price shall be:
Whereas under Article 68 of the Act of Accession prices in
Spain have been set at a level differing from that of the •        (a) for Spain
common prices for sweet lupins; whereas pursuant to
Article 70(1) of the Act of Accession Spanish prices should            — 25,77 ecus per 100 kilograms, for peas,
be aligned with the common prices in annual steps at the
                                                                       — 23,47 ecus per 100 kilograms, for field beans,
beginning of each marketing year; whereas the rules on this
alignment laid down give the Spanish prices set out below,             — 28,09 ecus per 100 kilograms, for sweet lupins;
                                                                   (b) for the other Member States
HAS ADOPTED THIS REGULATION:
                                                                       — 25,77 ecus per 100 kilograms, for peas,
                                                                       — 23,47 ecus per 100 kilograms, for field beans,
                           Article 1                                   — 28,90 ecus per 100 kilograms, for sweet lupins.
                                                                   2. The price referred to in paragraph 1 shall relate to
1. For the 1989/90 marketing year the activating price for         products in bulk, sound, genuine and of merchantable
aid, as referred to in Article 2 of Regulation (EEC)               quality, with 3 % impurities and, for the product as such,
No 1431/82, shall be:                                              14 % moisture content.
(a) for Spain                                                                                Article 4
    — 44,76 ecus per 100 kilograms, for peas and field             This Regulation shall enter into force on the third day
       beans,                                                      following its publication in the Official Journal of the
                                                                   European Communities.
    — 41,47 ecus per 100 kilograms, for sweet lupins;              It shall apply with effect from 1 July 1989.
 ---pagebreak---  No C 82/34                              Official Journal of the European Communities                                       3. 4. 89
                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 monthly increases in the activating threshold price,
                                the guide price and the minimum price for peas and field beans
                                                           (89/C 82/27)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             should be restricted to five at the end of the marketing year;
                                                                      whereas, however, to avoid the excessively violent
                                                                      disturbance of the market that might well result from such
 Having regard to the Treaty establishing the European                a reduction in the number of monthly increases from that
 Economic Community,                                                  applied in previous years, there should be seven in the 1989/
                                                                      90 marketing year, the subsequent reduction being deferred
                                                                     to 1990/91,
 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)               HAS ADOPTED THIS REGULATION:
 No ... (2), and in particular Article 2a thereof,
                                                                                                 Article 1
Having regard to the proposal from the Commission,
                                                                      1. For the 1989/90 marketing year, the amount of the
                                                                     monthly increases in the guide price and the minimum price
Whereas, under Article 2a of Regulation (EEC) No 1431/               for peas and field beans shall be fixed at 0,135 ecus per 100
82, the amounts by which the activating threshold price, the         kilograms.
guide price and the minimum price for peas and field beans
respectively are increased each month over a period to be            2. The increases referred to in paragraph 1 shall be
determined running from the beginning of the third month             applied for seven months from the beginning of the fourth
of the marketing year should be fixed for the 1989/90                month of the marketing year.
marketing year and the number of months during which
these increases are applied determined;
                                                                                                 Article 2
Whereas these increases, equal for each of the months,               1. For the 1989/90 marketing year, the amount of the
must be fixed bearing in mind the average storage costs and          monthly increases in the activating threshold price of peas
the level of interest rates recorded in the Community;               and field beans shall be fixed at 0,30 ecus per 100
whereas the average storage costs should be established on           kilograms.
the basis of the cost of warehousing in appropriate
premises and the handling costs necessary for proper                 2. The increases referred to in paragraph 1 shall be
preservation; whereas interest may be calculated on the              applied for seven months from the beginning of the fourth
basis of the rate considered as normal for the regions of            month of the marketing year.
production;
                                                                                                 Article 3
Whereas in the interests of steady disposal of the harvest
and sound market management the monthly increases
                                                                     This Regulation shall enter into force on the third day
                                                                     following its publication in the Official Journal of the
                                                                     European Communities.
(!) OJ No L 162, 12. 6. 1982, p. 28.
(2) OJ No L ...                                                      It shall apply as from 1 July 1989.