Council Regulation (EEC) No 2194/85 of 25 July 1985 adopting general rules concerning special measures for soya beans

COUNCIL  REGULATION (EEC) No 2194/85
of 25 July 1985
adopting general rules concerning special measures for soya beans
THE COUNCIL OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1491/85 of 23 May 1985 laying down special measures in respect of soya beans (1), and in particular Article 2 (6) and the second paragraph of Article 3 thereof,
Having regard to the proposal from the Commission,
Whereas, pursuant to Article 3 of Regulation (EEC) No 1491/85, it is necessary to lay down criteria for determining the world market price; whereas the price should be determined on the basis of the most favourable purchasing possibilities on that market;
Whereas it is necessary for this purpose to take into consideration offers made on the world market as well as the prices quoted on those exchanges which are important in terms of international trade, with the exception of those offers and prices which may not be considered representative of the actual market trend;
Whereas, in order to ensure the proper functioning of the system of aid referred to in Article 2 of the said Regulation, the world market price must be ascertained for a Community frontier crossing point; whereas, for the purpose of determining that point, account should be taken of the extent to which it is representative as regards the importations of these beans; whereas, therefore, the port of Rotterdam should be used; whereas the offers and prices used must be adjusted if they refer to a different frontier crossing point;
Whereas, for the offers and prices used, adjustments should also be made to offset any differences in presentation and quality in relation to the criteria used to fix the guide price;
Whereas, pursuant to Article 2 (6) of Regulation (EEC) No 1491/85, it is necessary to adopt general rules for the granting of aid to any natural or legal person who has concluded a contract with the producer providing for the payment to the latter of a price at least equal to the minimum price, for beans of a standard quality; whereas, where the said person is the processor of the beans, aid shall be granted on proof of processing; whereas it is necessary to determine the conditions for this proof;
Whereas, in other cases, the aid shall be granted where the said person fulfils certain conditions to be determined and has furnished proof of sale or delivery to a processor of soya beans; whereas those conditions and the requirements for proof of sale should therefore be determined;
Whereas, to enable the system of aid to operate efficiently, it should be made possible for an advance payment to be made of the aid, provided that a security is lodged;
Whereas, if these measures are to operate properly, a control system is required ensuring that only the products entitled to aid receive it; whereas it is necessary for this system to include, in particular, sample checking on the areas cultivated and on the stock records and, where appropriate, on the financial records of applicants for aid;
Whereas Article 2 (4) of Regulation (EEC) No 1491/85 provides that, by way of derogation from the rule introduced for the rest of the Community, aid is to be granted to producers of soya beans in the French overseas departments on the basis of a representative yield applied to the areas sown and harvested;
Whereas the representative yield should be determined for each harvest on the basis of the location of the areas of soya sown in the French overseas departments and of the method of cultivation used;
Whereas provision should be made for the possibility of transitional measures during the changeover from the present system to the new system;
Whereas it is therefore necessary to amend Regulation (EEC) No 1724/80 (1), as last amended by Regulation (EEC) No 2154/84 (2), and, for the sake of clarity, this can best be done by replacing the said Regulation by this Regulation,