31987R1352

16 . 5 . 87 Official Journal of the European Communities No L 127/ 19

COMMISSION REGULATION (EEC) No 1352/87 of 15 May 1987 fixing the amount of aid for peas, field beans and sweet lupins used in animal feed

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the amount of the monthly increases in the threshold price was fixed by Regulation (EEC) No 1465/86 (8) ; Having regard to the Treaty establishing the European Economic Community, Whereas, in the absence of the activating price for the 1987/88 marketing year for peas, field beans and sweet lupins the amount of the subsidy in the case of advance Having regard to the Act of Accession of Spain and fixing for July, August, September, October and Portugal, November 1987 for peas, field beans and sweet lupins has been obtainable only provisionally on the basis of the activating price proposed by the Commission to the Council for the marketing year 1987/88 ; whereas this Having regard to Council Regulation (EEC) No 1431 /82 amount may, therefore, be applied on a temporary basis of 18 May 1982 laying down special measures for peas, and should be confirmed or replaced when the activating field beans and sweet lupins ('), as last amended by Regu­ price for the 1987/88 marketing year is known ; lation (EEC) No 3127/86 (2), and in particular Article 3 (6) thereof, Whereas pursuant to Articles 121 (2) and 307 (2) of the Act of Accession of Spain and Portugal the amount of the aid for products harvested and processed in either of these Having regard to Commission Regulation (EEC) No Member States should be reduced by the customs duty 3540/85 of 5 December 1985 laying down detailed rules charged on importation of soya cake from third coun­ for the application of the special measures for peas, field tries ; whereas moreover in the case of sweet lupins beans and sweet lupins (3), as last amended by Council harvested in Spain it must be reduced by the difference Regulation (EEC) No 729/87 (4), and in particular Article between the activating threshold price applied in Spain 24 ( 1 ) thereof, and the common price ;

Whereas transitional measures should be adopted Whereas, as provided for in Article 3 ( 1 ) of Regulation whereby the aid is granted, between 1 July 1986 and 30 (EEC) No 1431 /82, an aid is granted for peas, field beans December 1987, only in respect of sweet lupins harvested and sweet lupins harvested in the Community and used and processed in Spain or in the other Member States ; in the manufacture of feedingstuffs where the world whereas, pending the adoption of the Commission Regu­ market price of soya cake is lower than the activating lation providing for the transitional measures in question, price ; whereas this aid is equal to a proportion of the no aid should be fixed for the period and the products in difference between these prices ; whereas this proportion question ; of the price difference was fixed in Article 3a of Council Regulation (EEC) No 2036/82 (^ as last amended by Whereas, under Article 4 of Regulation (EEC) No Regulation (EEC) No 3527/86 {% 1431 /82, the world market price for soya cake must be determined on the basis of the most favourable purchase possibilities, excepting offers and quotations which Whereas, as provided for in Article 2a of Regulation cannot be considered representative of the real market (EEC) No 1431 /82 the activating price for the aid for trend ; whereas account must be taken both of all offers peas, field beans and sweet lupins is increased monthly as on the world market and of the prices quoted on from the beginning of the third month of the marketing exchanges that are important for international trade ; year ; whereas this price may be adjusted under the conditions and in the manner specified in Article 1 (2) of Regulation (EEC) No 2036/82, in order to take account of the prices Whereas the threshold price activating the aid for peas, of competing products ; whereas separate adjustments field beans and sweet lupins for the 1986/87 marketing may be made for peas, for field beans and for sweet year was fixed by Council Regulation (EEC) No lupins ; whereas no adjustment may however be greater 1464/86 0 ; than the amount given by the calculation indicated in Article 3a of Commission Regulation (EEC) No (>) OJ No L 162, 12. 6 . 1982, p. 28 . 2049/82 ('), as last amended by Regulation (EEC) No (J) OJ No L 292, 16. 10 . 1986, p. 1 . 1238/87 (10) ; (3) OJ No L 342, 19 . 12. 1985, p. 1 . ft OJ No L 71 , 14. 3. 1987, p. 16. 0 OJ No L 219 , 28 . 7. 1982, p. 1 . (8) OJ No L 133, 21 . 5. 1986, p. 23 . Q OJ No L 326, 21 . 11 . 1986, p. 1 . 0 OJ No L 219, 28 . 7. 1982, p . 36. h OJ No L 133. 21 . 5. 1986. o . 21 . 10) OJ No L 117, 5 . 5. 1987, p . 9 .

No L 127/20 Official Journal of the European Communities 16 . 5 . 87

Whereas, under Article 1 of Regulation (EEC) No Whereas, if the aid system is to operate normally, refunds 2049/82, the price must be determined per 100 kilograms should be calculated on the following basis : of bulk soya cake of the standard quality defined in — in the case of currencies which are maintained in rela­ Article 1 (2) of Regulation (EEC) No 1464/86 delivered to tion to each other at any moment within a band of Rotterdam ; 2,25 % , a rate of exchange based on their central rate, multiplied by the correcting factor provided for in the Whereas the necessary adjustments, notably those referred last subparagraph of Article 3 ( 1 ) of Council Regula­ to in Article 2 of Regulation (EEC) No 2049/82, must be tion (') ; made for offers and quotations not of the type referred to above ; — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of Whereas, under Article 1 of Regulation (EEC) No these currencies recorded over a given period in rela­ 2036/82, when no offer or quotation can be used for tion to the Community currencies referred to in the determining the world market price of soya cake, it is to previous indent, and the aforesaid correcting factor ; be determined from offers of and quotations for soya cake Whereas the aid must be fixed twice a month in order to obtained by the processing of soya seed in nity the be applied from the first and sixteenth each month ; Community and from offers of and quotations for compe­ whereas it may be adjusted in between, ting products on the world market ; whereas in this case the most favourable offers and quotations are to be taken into account for : HAS ADOPTED THIS REGULATION : — bulk soya cake obtained by the processing of soya Article 1 seed in the Community delivered to Rotterdam, and — other oil cakes offered on the world market, adjusted 1 . The amount of the aid referred to in Article 3 ( 1 ) of as necessary to take account of the difference between Regulation (EEC) No 1431 /82 is fixed in the Annex their value and that of soya cake ; hereto .

Whereas, under Article 3 of Regulation (EEC) No 2. However, the amount of the subsidy in the case of 3540/85, the term of validity of the certificates fixing the advance fixing for July, August, September, October and aid in advance is limited to the end of the sixth month November 1987 for peas, field beans and sweet lupins will following that in which the application for the certificate be confirmed or replaced as from 16 May 1987 to take is lodged ; whereas the amount of aid fixed in advance is into account, where appropriate, the effects of the applica­ adjusted as specified in Article 6 (3) of Regulation (EEC) tion of the activating price for these products for the No 2036/82 ; whereas the amount of the aid for the 1987/88 marketing year. products in question is adjusted using the corrective amount defined in Article 25 of Regulation (EEC) No Article 2 3540/85 whereas this corrective amount may be adjusted as provided for in Article 26 of that Regulation ; This Regulation shall enter into force on 16 May 1987.

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

Done at Brussels, 15 May 1987.

For the Commission Frans ANDRIESSEN Vice-President

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

16 . 5 . 87 No L 127/21 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 15 May 1987 fixing the amount of aid for peas, field beans and sweet lupins used in animal feed

Amounts of the aid applicable from 16 May 1987

(ECU/100 kg)

Current 2nd 3rd 4th 5th 6th 7th month month month month month month month I

1 . Peas and field beans : I

(a) used in Spain 17,375 17,375 13,392 0 13,392 0 13,572 0 13,647 0 13,827 0 (b) used in Portugal 17,081 17,081 13,099 (') 13,099 0 13,279 0 13,349 0 13,529 0 (c) used in another Member State 17,476 17,476 13,494 (') 13,494 0 13,674 0 13,750 0 13,930 0 2. Sweet lupins : I

(a) harvested and used in Spain 17,646 17,646 15,096 (') 15,096 0 15,096 0 14,956 0 14,956 0 (b) harvested in another Member State and : I

— used in Portugal 19,379 19,379 16,289 (■) 16,289 0 16,289 0 16,143 0 16,143 0 — used in the Community as constituted at 31 December 1985 19,906 19,906 16,8160 16,816 0 16,816 0 16,678 0 16,678 0

(') Dependent on the initial activating price for the aid that is set for the 1987/ 1988 marketing year.