31986R2046

1 . 7. 86 Official Journal of the European Communities No L 173/81

COMMISSION REGULATION (EEC) No 2046/86 of 30 June 1986 fixing the amount of aid for peas, field beans and sweet lupins used in animal feed

THE COMMISSION OF THE EUROPEAN COMMUNITIES, aid for products harvested and processed in either of these Member States should be reduced by the customs duty Having regard to the Treaty establishing the European charged on importation of soya cake from third coun­ Economic Community, tries ; whereas moreover in the case of sweet lupins harvested in Spain it must be reduced by the difference Having regard to the Act of Accession of Spain and between the activating threshold price applied in Spain Portugal, and the common price ;

Having regard to Council Regulation (EEC) No 1431 /82 Whereas transitional measures should be adopted of 18 May 1982 laying down special measures for peas, whereby the aid is granted, between 1 July 1986 and 30 field beans and sweet lupins ('), as last amended by Regu­ December 1987, only in respect of sweet lupins harvested lation (EEC) No 1485/85 (2), and in particular Article 3 (6) and processed in Spain or in the other Member States ; thereof, whereas, pending the adoption of the Commission Regu­ lation providing for the transitional measures in question, Having regard to Commission Regulation (EEC) No no aid should be fixed for the period and the products in 3540/85 of 5 December 1985 laying down detailed rules question ; for the application of the special measures for peas, field beans and sweet lupins (3), as last amended by Council Regulation (EEC) No 604/86 (4), and in particular Article Whereas, under Article 4 of Regulation (EEC) No 24 ( 1 ) thereof, 1431 /82, the average world market price for soya cake must be determined on the basis of the most favourable Whereas, as provided for in Article 3 ( 1 ) of Regulation purchase possibilities, excepting offers and quotations (EEC) No 1431 /82, an aid is granted for peas, field beans which cannot be considered representative of the real and sweet lupins harvested in the Community and used market trend ; whereas account must be taken both of all in the manufacture of feedingstuffs where the average offers on the world market and of the prices quoted on world market price of soya cake is lower than the activa­ exchanges that are important for international trade ; ting price ; whereas this aid is equal to a proportion of the whereas this this average price may be adjusted under the difference between these prices ; whereas this proportion conditions and in the manner specified in Article 1 (2) of of the price difference was fixed in Article 3a of Council Regulation (EEC) No 2036/82, in order to take account of Regulation (EEC) No 2036/82 (*), as last amended by the prices of competing products ; whereas separate Regulation (EEC) No 1832/85 (6), adjustments may be made for peas, for field beans and for sweet lupins ; whereas no adjustment may however be Whereas, as provided for in Article 2a of Regulation greater than the amount given by the calculation indi­ (EEC) No 1431 /82 the activating price for the aid for cated in Article 3a of Commission Regulation (EEC) No peas, field beans and sweet lupins is increased monthly as 2049/82 (9), as last amended by Regulation (EEC) No from the beginning of the third month of the marketing 3319/85 (,0) ; year ; Whereas, under Article 1 of Regulation (EEC) No Whereas the threshold price activating the aid for peas, 2049/82, the average price must be determined per 100 field beans and sweet lupins for the 1986/87 marketing kilograms of bulk soya cake of the standard quality year was fixed by Council Regulation (EEC) No defined in Article 1 (2) of Regulation (EEC) No 1464/86 1464/86 0 ; delivered to Rotterdam ; Whereas the amount of the monthly increases in the threshold price was fixed by Regulation (EEC) No Whereas the necessary adjustments, notably those referred 1465/86 (8) ; to in Article 2 of Regulation (EEC) No 2049/82, must be made for offers and quotations not of the type referred to Whereas pursuant to Articles 121 (2) and 307 (2) of the above ; Act of Accession of Spain and Portugal the amount of the

Whereas, under Article 1 of Regulation (EEC) No (') OJ No L 162, 12. 6. 1982, p. 28 . 2036/82, when no offer or quotation can be used for (2) OJ No L 151 , 10 . 6 . 1985, p. 7. determining the world market price of soya cake, it is to (3) OJ No L 342, 19 . 12. 1985, p. 1 . (4) OJ No L 58 , 1 . 3 . 1986, p. 26. be determined from offers of and quotations for soya cake 0 OJ No L 219, 28 . 7. 1982, p. 1 . («) OJ No L 173, 3 . 7. 1985, p . 3 . 0 OJ No L 133, 21 . 5. 1986, p . 21 . (») OJ No L 219, 28 . 7. 1982, p. 36. (8 OJ No L 133, 21 . 5. 1986, p. 23 . H OJ No L 317, 28 . 11 . 1985, p. 15.

No L 173/82 Official Journal of the European Communities 1 . 7. 86

obtained by the processing of soya seed in nity the 2,25 % , a rate of exchange based on their central rate, Community and from offers of and quotations for compe­ multiplied by the correcting factor provided for in the ting products on the world market ; whereas in. this case last subparagraph of Article 3 ( 1 ) of Council Regula­ the most favourable offers and quotations are to be taken tion ('); into account for : — for other currencies, an exchange rate based on the — bulk soya cake obtained by the processing of soya arithmetic mean of the spot market rates of each of seed in the Community delivered to Rotterdam, and these currencies recorded over a given period in rela­ tion to the Community currencies referred to in the — other oil cakes offered on the world market, adjusted previous indent, and the aforesaid correcting factor ; as necessary to take account of the difference between their value and that of soya cake ; Whereas the aid must be fixed twice a month in order to Whereas, under Article 3 of Regulation (EEC) No be applied from the first and sixteenth each month ; 3540/85, the term of validity of the certificates fixing the whereas it may be adjusted in between, aid in advance is limited to the end of the sixth month following that in which the application for the certificate is lodged ; whereas the amount of aid fixed in advance is HAS ADOPTED THIS REGULATION : adjusted as specified in Article 6 (3) of Regulation (EEC) No 2036/82 ; whereas the amount of the aid for the products in question is adjusted using the corrective Article 1 amount defined in Article 25 of Regulation (EEC) No 3540/85 whereas this corrective amount may be adjusted The amount of the aid referred to in Article 3 (1 ) of Regu­ as provided for in Article 26 of that Regulation ; lation (EEC) No 1431 /82 is fixed in the Annex hereto. Whereas, if the aid system is to operate normally, refunds should be calculated on the following basis : Article 2 — in the case of currencies which are maintained in rela­ tion to each other at any moment within a band of This Regulation shall enter into force on 1 July 1986.

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

Done at Brussels, 30 June 1986. For the Commission Frans ANDRIESSEN Vice-President

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

1 . 7 . 86 No L 173/83 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 30 June 1986 fixing the amount of aid for peas, field beans and sweet lupins used in animal feed

Amounts of the aid applicable from 1 July 1986

(ECU/100 kg) Current 1st 2nd 3rd 4th 5th 6th month month month month month month month

1 . Peas and field beans : (a) used in Spain 15,102 15,102 15,282 15,330 15,510 15,690 15,870 (b) used in Portugal 14,738 14,738 14,918 14,960 15,140 15,320 15,500 (c) used in another Member State 15,228 15,228 15,408 15,458 15,638 15,818 15,998

2. Sweet lupins : (a) harvested and used in Spain 16,536 16,536 16,536 16,360 16,360 16,360 16,360 (b) harvested in another Member State and : — used in Portugal 18,174 18,174 18,174 17,990 17,990 17,990 17,990 — used in the Community as constituted at 31 December 1985 18,828 18,828 18,828 18,655 18,655 18,655 18,655