31989R3097

14. 10 . 89 No L 296/35 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3097/89 of 13 October 1989 fixing the aid for soya beans

THE COMMISSION OF THE EUROPEAN COMMUNITIES, representative of the actual market trend ; whereas account is to be taken of offers made on the world market Having regard to the Treaty establishing the European as well as the prices quoted on exchanges which are important in terms of international trade ; whereas, under Economic Community, that Regulation, where the subsidy to be granted is fixed in advance, the amount of such subsidy must be equal to Having regard to the Act of Accession of Spain and the amount applicable on the day on which the applica­ Portugal, tion for advance fixing was lodged, adjusted by the diffe­ rence between the target price valid on that day and the Having regard to Council Regulation (EEC) No 1491 /85 target price valid on the identification day ; whereas such of 23 May 1985 laying down special measures in respect adjustment should involve increasing or reducing the of soya beans ('), as last amended by Regulation (EEC) No amount of subsidy applicable on the day on which the 2217/88 (2), and in particular Article 2 (7) thereof, application was lodged by the corrective amount and the difference between the target prices mentioned in Article 33 of Commission Regulation (EEC) No 2537/89 of 8 Having regard to Council Regulation (EEC) No 2286/88 August 1989 laying down detailed rules for the applica­ of 19 July 1988 providing for the granting of special aid tion of the special measure for soya beans Q ; for soya beans produced and processed in Portugal (3),

Having regard to the opinion of the Monetary Committee, Whereas, pursuant to Regulation (EEC) No 2537/89, the world market price is to be fixed per 100 kilograms and calculated on the basis of the most favourable offers and Whereas, pursuant to Article 2 ( 1 ) of Regulation (EEC) No 1491 /85, aid is to be granted for soya beans harvested quotations for delivery within 30 days following the date within the Community where the guide price for a when the said offers and quotations were recorded ; marketing year exceeds the world price ; whereas the said aid is to be equal to the difference between those two prices ; Whereas, where the offers and quotations do not comply with the said conditions, the necessary adjustments must be carried out, particularly those referred to in Article 40 Whereas the guide price for soya beans for the 1989/90 of Regulation (EEC) No 2537/89 ; marketing year was fixed by Council Regulation (EEC) No 1232/89 (4) ; whereas, pursuant to Articles 95 (2) and 293 (2) of the Act of Accession of Spain and Portugal, aid for soya beans harvested in these two Member States is to Whereas the abatement of the subsidy which arises, where be introduced in accordance with the provisions of para­ appropriate, from the system of maximum guaranteed graphs 2 and 3 of the said Articles from the beginning of quantities for the 1989/90 year, has not, to date, been the 1986/87 marketing year ; fixed ; whereas the amount of the subsidy for the 1989/90 year has been provisionally calculated on the basis of an abatement of ECU 4,590 per 100 kilograms for Spain and Whereas, pursuant to Article of Regulation (EEC) No ECU 5,780 per 100 kilograms for the other Member 2286/88, soya beans produced and processed in Portugal States ; shall be eligible for special aid equal to the difference between the guide price for such beans in Portugal and the price of imported soya beans ; Whereas, if the said system is to operate normally, aid should be calculated on the following basis : Whereas, pursuant to Council Regulation (EEC) No 2194/85 of 25 July 1985 adopting general rules concer­ ning special measures for soya beans (*), as last amended — in the case of currencies which are maintained in rela­ by Regulation (EEC) No 1231 /89 (6), the world price for tion to each other at any given moment within a band soya beans is to be determined on the basis of the most of 2,25 % , a rate of exchange based on their central favourable actual purchasing possibility, with the excep­ rate, multiplied by the corrective factor provided for in tion of offers and prices which may not be considered as the last paragraph of Article 3 ( 1 ) of Council Regula­ tion (EEC) No 1676/85 (8), as last amended by Regula­ (') OJ No L 151 , 10. 6. 1985, p. 15. tion (EEC) No 1636/87 (»), (2) OJ No L 197, 26. 7. 1988, p. 11 . (3) OJ No L 201 , 27. 7. 1988, p. 2. (4) OJ No L 128 , 11 . 5. 1989, p. 26. O OJ No L 245, 22. 8 . 1989, p. 8 . 0 OJ No L 204, 2. 8 . 1985, p. 1 . (*) OJ No L 164, 24. 6. 1985, p. 1 . (4 OJ No L 128, 11 . 5. 1989, p. 24. (») OJ No L 153 , 13 . 6. 1987, p. 1 .

No L 296/36 Official Journal of the European Communities 14 . 10 . 89

HAS ADOPTED THIS REGULATION : — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of these currencies recorded over a given period in rela­ Article 1 tion to the Community currencies referred to in the 1 . The amount of the aid provided for in Article 2 for previous indent, and the aforesaid coefficient ; in Regulation (EEC) No 1491 /85 and the amount of the special aid provided for in Article 1 of Regulation (EEC) No 2286/88 in the case of Portugal shall be as set out in Whereas the aid shall be fixed as often as the market situ­ the Annex hereto. ation so requires and so that it can be applied at least twice a month, one of which times shall be from the first 2. However, the amount of the subsidy will be confirmed or replaced as from 14 October 1989 to take day of each month ; into account the consequences of the application of the system of maximum guaranteed quantities.

Whereas it follows from applying these provisions to the Article 2 offers and quotations known to the Commission that the subsidy on soya beans should be as set out in this Regula­ This Regulation shall enter into force on 14 October tion, 1989 .

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

Done at Brussels, 13 October 1989 .

For the Commission Ray MAC SHARRY Member of the Commission

14. 10 . 89 No L 296/37 Gfficial Journal of the European Communities

ANNEX

to the Commission Regulation of 13 October 1989 fixing the aid for soya beans

(ECU/100 kg) Seed harvested in l

another Member Spain Portugal State 1

Seed processed in current period (') I

— Spain 0,000 31,129 31,129 — Portugal 22,459 31,129 0 31,129 — another Member State 22,459 31,129 31,129

Seed processed in first period (') — Spain 0,000 31,190 31,190 -— Portugal 22,520 31,190 (*) 31,190 — another Member State 22,520 31,190 31,190

Seed processed in second period (') I

— Spain 0,000 31,049 31,049 — Portugal 22,379 31,049 0 31,049 — another Member State 22,379 31,049 31,049

Seed processed in third period (') I

— Spain 0,000 30,806 30,806 — Portugal 22,136 30,806 0 30,806 — another Member State 22,136 30,806 30,806

Seed processed in fourth period (') I

— Spain 0,000 30,583 30,583 — Portugal 21,913 30,583 0 30,583 — another Member State 21,913 30,583 30,583

Seed processed in fifth period (') I

— Spain 0,000 30,401 30,401 — Portugal 21,731 30,401 0 30,401 — another Member State 21,731 30,401 30,401

(*) Special aid. (') Subject to the consequences of the application of the system of guaranteed quantities.