31990R3174

1 . 11 . 90 No L 304/47 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3174/90 of 31 October 1990 fixing the aid for soya beans

THE COMMISSION OF THE EUROPEAN COMMUNITIES, cerning special measures for soya beans (6), as last amended by Regulation (EEC) No 1231 /89 Q, the world Having regard to the Treaty establishing the European price for soya beans is to be determined on the basis of Economic Community, the most favourable actual purchasing possibility, with the exception of offers and prices which may not be consi­ dered as representative of the actual market trend ; Having regard to the Act of Accession of Spain and whereas account is to be taken of offers made on the Portugal, world market as well as the prices quoted on exchanges which are important in terms of international trade ; Having regard to Council Regulation (EEC) No 1491 /85 whereas, under that Regulation, where the subsidy to be of 23 May 1985 laying down special measures in respect granted is fixed in advance, the amount of such subsidy of soya beans ('), as last amended by Regulation (EEC) No must be equal to the amount applicable on the day on 2217/88 (2), and in particular Article 2 (7) thereof, which the application for advance fixing was lodged, adjusted by the difference between the target price valid Having regard to Council Regulation (EEC) No 2286/88 on that day and the target price valid on the identification of 19 July 1988 providing for the granting of special aid day ; whereas such adjustment should involve increasing for soya beans produced and processed in Portugal (3), or reducing the amount of subsidy applicable on the day on which the application was lodged by the corrective Having regard to the opinion of the Monetary Committee, amount and the difference between the target prices mentioned in Article 33 of Commission Regulation (EEC) No 2537/89 of 8 August 1989 laying down detailed rules Whereas, pursuant to Article 2 (1 ) of Regulation (EEC) No for the application of the special measure for soya 1491 /85, aid is to be granted for soya beans harvested beans (8), as last amended by Regulation (EEC) No within the Community where the guide price for a 2427/90 (9) ; marketing year exceeds the world price ; whereas the said aid is to be equal to the difference between those two prices ; Whereas, pursuant to Regulation (EEC) No 2537/89, the Whereas the guide price for soya beans for the 1990/91 world market price is to be fixed per 100 kilograms and marketing year was fixed by Council Regulation (EEC) calculated on the basis of the most favourable offers and No 1319/90 (4); whereas, pursuant to Articles 95 (2) and quotations for delivery within 30 days following the date 293 (2) of the Act of Accession of Spain and Portugal, aid when the said offers and quotations were recorded ; for soya beans harvested in these two Member States is to be introduced in accordance with the provisions of para­ graphs 2 and 3 of the said Articles from the beginning of Whereas, where the offers and quotations do not comply the 1986/87 marketing year ; with the said conditions, the necessary adjustments must be carried out, particularly those referred to in Article 40 Whereas the prices fixed by the Council are to be reduced of Regulation (EEC) No 2537/89 ; in accordance with Commission Regulation (EEC) No 1756/90 of 27 June 1990 establishing the guide price fixed in ecus by the Council in the soya bean sector and reduced as a result of the monetary realignment of 5 Whereas the abatement of the subsidy which arises, where January 1990 (*) ; appropriate, from the system of maximum guaranteed quantities for the 1990/91 marketing year, has not yet been fixed ; whereas the amount of the subsidy for the Whereas, pursuant to Article 1 of Regulation (EEC) No 1990/91 marketing year has been calculated provisionally 2286/88, soya beans produced and processed in Portugal on the basis of an abatement of ECU 14,147 per 100 kilo­ shall be eligible for special aid equal to the difference grams for Spain and ECU 16,733 per 100 kilograms for between the guide price for such beans in Portugal and the other Member States : the price of imported soya beans ;

Whereas, pursuant to Council Regulation (EEC) No 2194/85 of 25 July 1985 adopting general rules con Whereas, if the said system is to operate normally, aid should be calculated on the following basis :

(') OJ No L 151 , 10 . 6. 1985, p. 15. 0 OJ No L 197, 26. 7. 1988, p. 11 . (*) OJ No L 204, 2. 8. 1985, p. 1 . (3) OJ No L 201 , 27. 7. 1988, p. 2. 0 OJ No L 128, 11 . 5. 1989, p. 24. (<) OJ No L 132, 23 . 5. 1990, p. 13. O OJ No L 245, 22. 8 . 1989, p. 8 . M OJ No L 162, 28. 6. 1990, p. 19. O OJ No L 228, 22. 8 . 1990, p. 15.

No L 304/48 1 . 11 . 90 Official Journal of the European Communities

— in the case of currencies which are maintained in rela­ HAS ADOPTED THIS REGULATION : tion to each other at any given moment within a band of 2,25 %, a rate of exchange based on their central Article 1 rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 ( 1 ) of Council Regula­ tion (EEC) No 1 676/85 ('), as last amended by Regula­ 1 . The amount of the aid provided for in Article 2 of tion (EEC) No 2205/90 (2), Regulation (EEC) No 1 49 1 /85 and the amount of the special aid provided for in Article 1 of Regulation (EEC) — for the other currencies, an exchange rate based on an No 2286/88 in the case of Portugal shall be as set out in average of the ecus rates published in the 'C' series of the Annex hereto. the Official Journal of the European Communities over a period to be determined, multiplied by the 2. However, the amount of the subsidy in the case of factor referred to in the preceding indent ; advance fixing for the 1990/91 marketing year for soja beans, will be confirmed or replaced as from 1 November Whereas the aid shall be fixed as often as the market situ­ 1990 to take into account, where appropriate, the applica­ ation so requires and so that it can be applied at least tion of maximum guaranteed quantities for this twice a month, one of which times shall be from the first marketing year. day of each month ;

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 1 November tion, 1990 .

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

Done at Brussels, 31 October 1990.

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 164, 24. 6. 1985, p. 1 . R OJ No L 201 , 31 . 7. 1990, p. 9.

1 . 11 . 90 No L 304/49 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 31 October 1990 fixing the aid for soya beans

(ECU/100 kg)

Seed harvested in

another Member Spain Portugal State

Seed processed in current period (') — Spain 0,000 23,335 23,335 — Portugal 17,791 23,335 0 23,335 — another Member State 17,791 23,335 23,335

Seed processed in first period (') — Spain 0,000 23,104 23,104 — Portugal 17,560 23,104 0 23,104 — another Member State 17,560 23,104 23,104

Seed processed in second period (') — Spain 17,374 22,918 22,918 — Portugal 17,374 22,918 22,918 — another Member State 17,374 22,918 22,918

Seed processed in third period (') — Spain 17,168 22,712 22,712 — Portugal 17,168 22,712 22,712 — another Member State 17,168 22,712 22,712

Seed processed in fourth period (l) — Spain 17,062 22,606 22,606 — Portugal 17,062 22,606 22,606 — another Member State 17,062 22,606 22,606

Seed processed in fifth period (') — Spain 17,153 22,697 22,697 — Portugal 17,153 22,697 22,697 — another Member State 17,153 22,697 22,697

(") Special aid. (') Subject, in cases of advance fixing for the 1990/91 marketing year, to application of maximum guaranteed quan­ tity arrangements for that marketing year.