31990R3865

No L 367/77 29 . 12 . 90 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3865/90 of 28 December 1990 fixing the aid for soya beans

THE COMMISSION OF THE EUROPEAN COMMUNITIES, world market as well as the prices quoted on exchanges which are important in terms of international trade ; whereas, under that Regulation, where the subsidy to be Having regard to the Treaty establishing the European granted is fixed in advance, the amount of such subsidy Economic Community, must be equal to the amount applicable on the day on which the application for advance fixing was lodged, adjusted by the difference between the target price valid Having regard to the Act of Accession of Spain and on that day and the target price valid on the identification Portugal, day ; whereas such adjustment should involve increasing or reducing the amount of subsidy applicable on the day Having regard to Council Regulation (EEC) No 1491 /85 on which the application was lodged by the corrective of 23 May 1985 laying down special measures in respect amount and the difference between the target prices of soya beans ('), as last amended by Regulation (EEC) No mentioned in Article 33 of Commission Regulation (EEC) 3577/90 (2), and in particular Article 2 (7) thereof, No 2537/89 of 8 August 1989 laying down detailed rules for the application of the special measure for soya beans Q, as last amended by Regulation (EEC) No Having regard to the opinion of the Monetary Committee, 2427/90 (8);

Whereas, pursuant to Article 2 (1 ) of Regulation (EEC) No 1491 /85, aid is to be granted for soya beans harvested Whereas, pursuant to Regulation (EEC) No 2537/89, the within the Community where the guide price for a world market price is to be fixed per 100 kilograms and marketing year exceeds the world price ; whereas the said calculated on the basis of the most favourable offers and aid is to be equal to the difference between those two quotations for delivery within 30 days following the date prices ; when the said offers and quotations were recorded ;

Whereas the guide price for soya beans for the 1990/91 marketing year was fixed by Council Regulation (EEC) Whereas, where the offers and quotations do not comply No 1319/90 (3) ; whereas, pursuant to Articles 95 and 293 with the said conditions, the necessary adjustments must of the Act of Accession of Spain and Portugal, aid for soya be carried out, particularly those referred to in Article 40 beans harvested in these two Member States is to be of Regulation (EEC) No 2537/89 ; calculated in accordance with the provisions of paragraphs 2 and 3 of the said Articles ,

Whereas the abatement of the subsidy for soya seed Whereas the prices fixed by the Council are to be reduced which arises, where appropriate, from the system of in accordance with Commission Regulation (EEC) No maximum guaranteed quantities for the 1990/91 marke­ 1756/90 of 27 June 1990 establishing the guide price ting year, has been fixed by Commission Regulation fixed in ecus by the Council in the soya bean sector and (EEC) No 3217/90 0 ; reduced as a result of the monetary realignment of 5 January 1990 (4);

Whereas, if the said system is to operate normally, aid Whereas, pursuant to Council Regulation (EEC) No should be calculated on the following basis : 2194/85 of 25 July 1985 adopting general rules con­ cerning special measures for soya beans (*), as last — in the case of currencies which are maintained in rela­ amended by Regulation (EEC) No 1231 /89 (% the world price for soya beans is to be determined on the basis of tion to each other at any given moment within a band the most favourable actual purchasing possibility, with the of 2,25 %, a rate of exchange based on their central exception of offers and prices which may not be consi­ rate, multiplied by the corrective factor provided for in dered as representative of the actual market trend ; the last paragraph of Article 3 ( 1 ) of Council Regula­ whereas account is to be taken of offers made on the tion (EEC) No 1676/85 (I0), as last amended by Regu­ lation (EEC) No 2205/90 (»),

(■) OJ No L 151 , 10. 6. 1985, p. 15. (2) OJ No L 353, 17. 12. 1990, p. 23. 0 OJ No L 245, 22. 8. 1989, p. 8 . O OJ No L 132, 23. 5. 1990, p. 13. (8) OJ No L 228, 22. 8. 1990, p. 15. (<) OJ No L 162, 28 . 6. 1990, p. 19 . 0 OJ No L 308, 8 . 11 . 1990, p. 19. O OJ No L 204, 2. 8. 1985, p. 1 . (10) OJ No L 164, 24. 6. 1985, p. 1 . M OJ No L 128, 11 . 5. 1989, p. 24. (u) OJ No L 201 , 31 . 7. 1990, p. 9.

No L 367/78 Official Journal of the European Communities 29 . 12. 90

— for the other currencies, an exchange rate based on an subsidy on soya beans should be as set out in this Regula­ average of the ecus rates published in the 'C' series of tion, the Official Journal of the European Communities over a period to be determined, multiplied by the HAS ADOPTED THIS REGULATION : factor referred to in the preceding indent ;

Article 1 Whereas the aid shall be fixed as often as the market situ­ ation so requires and so that it can be applied at least The amount of the aid provided for in Article 2 of Regu­ twice a month, one of which times shall be from the first lation (EEC) No 1491 /85 shall be as set out in the Annex hereto. day of each month ;

Article 2 Whereas it follows from applying these provisions to the offers and quotations known to the Commission that the This Regulation shall enter into force on 1 January 1991 .

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

Done at Brussels, 28 December 1990 .

For the Commission Ray MAG SHARRY Member of the Commission

29 . 12. 90 No L 367/79 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 28 December 1990 fixing the aid for soya beans

(ECU/100 kg)

Current First Second Third Fourth Fifth period period period period period period 1 2 3 4 5 6

Seed harvested : — Spain 18,473 18,236 18,109 18,295 18,438 18,280 — another Member State 24,017 23,780 23,653 23,839 23,982 23,824