31986R0557

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.

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 be applied from the first and sixteenth each month ; — bulk soya cake obtained by the processing of soya whereas it may be adjusted in between ; seed in the Community delivered to Rotterdam, and — 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 HAS ADOPTED THIS REGULATION : as provided for in Article 26 of that 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 .

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) Current 1st 2nd 3rd 4th 5th 6th month month month month month month month I

1 . Peas and field beans harvested and processed : II

(a) in the Community as constituted on 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.