31985R3747

No L 356/ 32 Official Journal of the European Communities 31 . 12 . 85

COMMISSION REGULATION ( EEC) No 3747 / 85 of 30 December 1985 fixing the amount of aid for peas, field beans and sweet lupins used in animal feed

THE COMMISSION OF THE EUROPEAN COMMUNITIES, offers on the world market and of the prices quoted on exchanges that are important for international trade ; whereas this this average price may be adjusted under the Having regard to the Treaty establishing the European conditions and in the manner specified in Article 1 (2) of Economic Community, Regulation (EEC) No 2036/82, in order to take account of the prices of competing products ; whereas separate adjustments may be made for peas, for field beans and for Having regard to Council Regulation (EEC) No 1431 /82 sweet lupins ; whereas no adjustment may however be of 18 May 1982 laying down special measures for peas, field beans and sweet lupins ('), as last amended by Regu­ greater than the amount given by the calculation indi­ cated in Article 3a of Commission Regulation (EEC) No lation (EEC) No 1485/85 (2), and in particular Article 3 (6) thereof, 2049/82 (8), as last amended by Regulation (EEC) No 3319/85f);

Having regard to Commission Regulation (EEC) No 3540/85 of 5 December 1985 laying down detailed rules Whereas, under Article 1 of Regulation (EEC) No for the application of the special measures for peas, field 2049/82, the average price must be determined per 100 beans and sweet lupins (3), and in particular Article 24 ( 1 ) kilograms of bulk soya cake of the standard quality thereof, defined in Article 1 (2) of Regulation (EEC) No 1486/85 delivered to Rotterdam ; Whereas, as provided for in Article 3 ( 1 ) of Regulation (EEC) No 1431 /82, an aid is granted for peas, field beans Whereas the necessary adjustments, notably those referred and sweet lupins harvested in the Community and used to in Article 2 of Regulation (EEC) No 2049/82, must be in the manufacture of feedingstuffs where the average made for offers and quotations not of the type referred to world market price of soya cake is lower than the activa­ above ; ting price ; whereas this aid is equal to a proportion of the difference between these prices ; whereas this proportion of the price difference was fixed in Article 3a of Council Whereas, under Article 1 of Regulation (EEC) No Regulation (EEC) No 2036/82 (4), as last amended by 2036/82, when no offer or quotation can be used for Regulation (EEC) No 1 832/85 (^ ; determining the world market price of soya cake, it is to be determined from offers of and quotations for soya cake Whereas, as provided for in Article 2a of Regulation obtained by the processing of soya seed in the Commu­ (EEC) No 1431 /82 the activating price for the aid for nity and from offers of and quotations for competing peas, field beans and sweet lupins is increased monthly as products on the world market ; whereas in this case the from the beginning of the third month of the marketing most favourable offers and quotations are to be taken into account for : year ;

— bulk soya cake obtained by the processing of soya Whereas the initial activating price for the 1985/86 seed in the Community delivered to Rotterdam , and marketing year ; was fixed by Council Regulation (EEC) No 1486/85 (6) ; whereas the amount of the monthly — other oil cakes offered on the world market, adjusted increments of this price was fixed by Council Regulation as necessary to take account of the difference between (EEC) No 1487/85 0 ; their value and that of soya cake ;

Whereas, under Article 4 of Regulation (EEC) No 1431 /82, the average world market price for soya cake Whereas, under Article 3 of Regulation (EEC) No must be determined on the basis of the most favourable 3540/85, the term of validity of the certificates fixing the aid in advance is limited to the end of jthe sixth month purchase possibilities, excepting offers and quotations which cannot be considered representative of the real following that in which the application for the certificate market trend ; whereas account must be taken both of all is lodged ; whereas the amount of aid fixed in advance is adjusted as specified in Article 6 (3) of Regulation (EEC) No 2036/82 ; whereas the amount of the aid for the (') OJ No L 162, 12. 6. 1982, p. 28 . products in question is adjusted using the corrective (2) OJ No L 151 , 10 . 6 . 1985, p. 7 . 3) OJ No L 342, 19 . 12 . 1985, p. 1 . amount defined in Article 25 of Regulation (EEC) No (4) OJ No L 219, 28 . 7. 1982, p . 1 . 0 OJ No L 173 , 3 . 7. 1985, p. 3 . (o) OJ No L 151 , 10 . 6 . 1985, p. 8 . (8) OJ No L 219, 28 . 7. 1982, p. 36. 7) OJ No L 151 , 10 . 6 . 1985, p. 10 . n OJ No L 317, 28 . 11 . 1985, p . 15.

31 . 12 . 85 Official Journal of the European Communities No L 356/33

3540/85 ; whereas this corrective amount may be adjusted 1986/87 marketing year ; whereas the amount of the aid as provided for in Article 26 of that Regulation ; itself has been fixed on the basis of the activating price for 1985/86 ; whereas this amount should be used particu­ Whereas, if the aid system is to operate normally, refunds larly and replaced on confirmed as soon as the 1986/87 should be calculated on the following basis : prices as known, — in the case of currencies which are maintained in rela­ tion to each other at any moment within a band of 2,25 % , a rate of exchange based on their central rate, multiplied by the correcting factor provided for in the HAS ADOPTED THIS REGULATION : last subparagraph of Article 3 ( 1 ) of Council Regula­ tion ( ! ); — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of Article 1 these currencies recorded over a given period in rela­ tion to the Community currencies referred to in the The amount of the aid referred to in Article 3 ( 1 ) of Regu­ previous indent, and the aforesaid correcting factor ; lation (EEC) No 1431 /82 is fixed in the Annex hereto. Whereas the aid must be fixed twice a month in order to be applied from the first and sixteenth each month ; whereas it may be adjusted in between ; Article 2

Whereas the initial activating price for the aid for peas, field beans and sweet lupins has not yet been fixed for the This Regulation shall enter into force on 1 January 1986.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 30 December 1985.

For the Commission Frans ANDRIESSEN Vice-President

(') OJ No L 164, 24. 6 . 1985, p. 1 .

No L 356/34 Official Journal of the European Communities 31 . 12 . 85

ANNEX

to Commission Regulation of 30 December 1985 fixing the amount of aid for peas, field beans and sweet lupins used in animal feed

Amounts of the aid applicable from 1 January 1986

(ECU/100 kg)

Month of identification Peas and field beans Sweet lupins

January 1986 14,644 (') 16,892 February 1986 15,169 (') 17,351 March 1986 15,169 (') 17,351 April 1986 15,169 (') 17,351 May 1986 15,083 0 17,236 June 1986 15,083 (') 17,236 July 1986 15,083 (2) 17,236 (2)

(') Should a certificate fixing the aid in advance 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 13,744 ECU per 100 kilograms in respect of the quantity concerned. (2) Dependent on the initial activating price for the aid that is set for the 1986/ 1987 marketing year.