31989R1938

No L 187/68 Official Journal of the European Communities 1 . 7 . 89

COMMISSION REGULATION (EEC) No 1938/89 of 30 June 1989 fixing die world market price for peas and field beans and the amount of aid referred to in Article 3 (2) of Regulation (EEC) No 1431/82

THE COMMISSION OF THE EUROPEAN COMMUNITIES, where no offer can be used for determining the world market price, this price is determined from prices recorded on the markets of the principal exporting coun­ Having regard to the Treaty establishing the European tries ; whereas in cases where no offer either on the world Economic Community, market or on those of the principal exporting countries can be used for determining the world market price this price is fixed at a level equal to the guide price for the Having regard to the Act of Accession of Spain and products in question ; Portugal,

Having regard to Council Reguation (EEC) No 1431 /82 of Whereas, under Commission Regulation (EEC) No 18 May 1982 laying down special measures for peas, field 2049/82 (') as last amended by Regulation (EEC) No beans and sweet lupins ('), as last amended by Regulation 1238/87 (10), and under Regulation (EEC) No 2036/82 the (EEC) No 1104/88 (2), and in particular Article 3 (6) (b) average world market price is to be established per 100 thereof, kilograms of products in bulk, delivered at Rotterdam, of sound quality ; whereas, for the purpose of establishing this price, only the most favourable offers to deliveries Having regard to Council Regulation (EEC) No 2036/82 closest in distance, excluding those relating to products of 19 July 1982 adopting general rules concerning special being transported by ship, are used for offers and prices measures for peas, field beans and sweet lupins (3), as last that do not comply with the conditions laid down above, amended by Regulation (EEC) No 1789/89 (4), and in the necessary adjustments must be made, and in particular particular Article 2 (1 ) thereof, those referred to in Article 5 of Regulation (EEC) No 2049/82 : Having regard to Commission Regulation (EEC) No 3540/85 of 5 December 1985 laying down detailed rules for the application of the special measures for peas, Whereas, if the aid system is to operate normally, aid field beans and sweet lupins ^5), as last amended by Regu­ amounts should be calculated on the following basis : lation (EEC) No 3870/88 (*■), and in particular Article 26a (7) thereof, — 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, Whereas Council Regulation (EEC) No 1 246/89 Q fixed multiplied by the correcting factor referred to in the the guide price for peas and field beans for the 1989/90 last subparagraph of Article 3 (1 ) of Council Regula­ marketing year ; tion (EEC) No 1676/85 (n), as amended by Regulation (EEC) No 1636/87 (12) ; Whereas, in accordance with Article 2a of Regulation — for other currencies, an exchange rate based on the (EEC) No 1431 /82, the guide price is increased monthly arithmetic mean of the spot market rates of each of as from the beginning of - the third month of the these currencies recorded over a given period in rela­ marketing year ; whereas Council Regulation (EEC) No tion to the Community currencies referred to in the 1247/89 (8) fixed the amount of these monthly increases ; previous indent and the aforesaid coefficient ;

Whereas under Regulation (EEC) No 2036/82 the world market price for peas and field beans, as referred to in Whereas in cases where aid is fixed in advance its amount Article 3 (2) of Council Regulation (EEC) No 1431 /82, is is adjusted as specified in Article 6 (3) of Regulation to be determined on the basis of offers made on the world (EEC) No 2036/82 ; market, disregarding those which cannot be considered representative of actual market trends ; whereas in cases Whereas pursuant to Articles 121 (3) and 307 (3) of the (') OJ No L 162, 12. 6. 1982, p. 28 . Act of Accession the aid granted on products harvested (2) OJ No L 110, 29. 4. 1988, p. 16. and processed in either of these Member States is to be (3) OJ No L 219, 28 . 7. 1982, p. 1 . (j OJ No L 176, 23. 6. 1989, p. 11 . O OJ No L 342, 19 . 12. 1985, p. 1 . (9) OJ No L 219, 28. 7. 1982, p. 36. Is) OJ No L 345, 14. 12. 1988, p. 21 . O OJ No L 117, 5. 5. 1987, p. 9 . o OJ No L 129, 11 . 5. 1989, p. 7. (,l) OJ No L 164, 24. 6. 1985, p. 1 . (8) OJ No L 129, 11 . 5. 1989, p. 9. 02) OJ No L 153, 13. 6. 1987, p. 1 .

1 . 7. 89 Official Journal of the European Communities No L 187/69

HAS ADOPTED THIS REGULATION : reduced by the customs duties charged by the Member State on peas and field beans imported from third coun­ tries ; Article 1

Whereas, pursuant to Article 26 a of Regulation (EEC) No 3540/85, the gross aid expressed in ECU that results from The world market price as specified in Article 2 of Regu­ Article 3 of Regulation (EEC) No 1431 /82 shall be lation (EEC) No 2036/82 shall be 21 ECU/ 100 kg. weighted by the differential amount refferred to in Article 12a of Regulation (EEC) No 2036/82 and then converted Article 2 into the final aid in the currency of the Member State in which the products are harvested using the agricultural 1 . The amount of the gross aid provided for in Article conversion rate of that Member State ; 3 (2) of Regulation (EEC) No 1431 /82 is indicated in Annex I. Whereas the aid must be fixed before the beginning of each marketing year and may be adjusted if the world 2. The amount of final aid provided for in Article 3 (2) market price alters markedly ; of Regulation (EEC) No 1431 /82 is indicated in Annex II.

Whereas the abatement of the subsidy which arises, where 3 . However, the amount of aid for peas and field beans appropriate, from the system of maximum guaranteed shall be confirmed or replaced with effect from 1 July quantities for the 1989/90 marketing year, has not, to 1989 to take account, where applicable, of the conse­ date, been fixed ; whereas the amount of the subsidy for quences of the application of the maximum guaranteed the 1989/90 marketing year has been calculated on the quantities system for the 1989/90 marketing eyar in cases basis of the abatement valid for the year 1988/89 ; of advance fixing.

Whereas the measures provided for in this Regulation are Article 3 in accordance with the opinion of the Management Committee for Dried Fodder, This Regulation shall enter into force on 1 July 1989.

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

Done at Brussels, 30 June 1989.

For the Commission Ray MAC SHARRY Member of the Commission

No L 187/70 Official Journal of the European Communities 1 . 7. 89

ANNEX I

Gross aid in ECU per 100 kilograms

Products intended for human consumption

Current 1st period 2nd period 3rd period 4th period 5th period 6th period 7 (>) 8 (') 9 0 10 o 11(1 ) 12 0 10

Peas used : — in Spain 5,503 5,503 5,661 5,819 5,977 6,135 6,293 — in Portugal 5,545 5,545 5,703 5,861 6,019 6,177 6,335 — in another Member State 5,860 5,860 6,018 6,176 6,334 6,492 6,650 Field beans used : || — in Spain 5,860 5,860 6,018 6,176 6,334 6,492 6,650 — in Portugal 5,545 5,545 5,703 5,861 6,019 6,177 6,335 — in another Member State 5,860 5,860 6,018 6,176 6,334 6,492 6,650

ANNEX II

Final aid in national currency per 100 kilograms

Products intended for human consumption

Current 1st period 2nd period 3rd period 4th period 5th period 6th period \ 7 0 8 (') 9 (') 10 0 110 12 0 10 I

Products harvest in : — BLEU (Bfrs/Lfrs) 282,96 282,96 290,59 298,22 305,85 313,48 321,11 — Denmark (Dkr) 52,33 52,33 53,74 55,15 56,56 57,97 59,38 — Federal Republic of Germany Il \ (DM) 13,84 13,84 14,21 14,58 14,96 15,33 15,70 — Greece (Dr) 827,98 827,98 856,43 884,88 913,33 941,79 970,24 — Spain (Pta) 903,69 903,69 928,05 952,42 976,79 1 001,15 1 025,52 — France (FF) 45,11 45,11 46,33 47,54 48,76 49,97 51,19 — Ireland (£ Irl) 5,021 5,021 5,156 5,291 5,427 5,562 5,697 — Italy (Lit) 9 857 9 857 10122 10 388 10 654 10 920 11 185 — Netherlands (Fl) 15,46 15,46 15,87 16,29 16,71 17,12 17,54 — Portugal (Esc) 1 125,13 1 125,13 1 155,47 1 185,80 1 216,14 1 246,48 1 276,81 — United Kingdom (£) 3,613 3,613 3,724 3,836 3,947 4,058 4,169

Amounts to be deducted in the case of : — peas used in Spain (Pta) 55,05 — peas and field beans used in Portugal (Esc) 60,48

ANNEX III

Exchange rate of the ECU to be used

BLEU DK DB EL ESP FR IRL IT NL PT UK

In national currency, 1 ECU = 42,4582 7,85212 2,05853 175,744 130,025 6,90403 0,768411 1 478,50 2,31943 170,569 0,670080

(') Subject, in cases of advance fixing for the 1989/90 marketing year, to consequences of application of the maximum guaranteed quantity arrangements for that marketing year.