31991R0771

No L 81 /60 28 . 3 . 91 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 771 /91 of 27 March 1991 fixing the aid for soya beans

THE COMMISSION OF THE EUROPEAN COMMUNITIES, adjusted by the difference between the target price valid on that day and the target price valid on the identification Having regard to the Treaty establishing the European day ; whereas such adjustment should involve increasing Economic Community, or reducing the amount of subsidy applicable on the day on which the application was lodged by the corrective Having regard to the Act of Accession of Spain and amount and the difference between the target prices Portugal, mentioned in Article 33 of Commission Regulation (EEC) No 2537/89 of 8 August 1989 laying down detailed rules Having regard to Council Regulation (EEC) No 1491 /85 for the application of the special measure for soya of 23 May 1985 laying down special measures in respect beans Q, as last amended by Regulation (EEC) No of soya beans ('), as last amended by Regulation (EEC) No 2427/90 (8) ; 3577/90 (2), and in particular Article 2 (7) thereof, Whereas, pursuant to Regulation (EEC) No 2537/89, the Having regard to the opinion of the Monetary Committee, 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 quotations for delivery within 30 days following the date 1491 /85, aid is to be granted for soya beans harvested when the said offers and quotations were recorded ; within the Community where the guide price for a marketing year exceeds the world price ; whereas the said Whereas, where the offers and quotations do not comply aid is to be equal to the difference between those two with the said conditions, the necessary adjustments must prices ; be carried out, particularly those referred to in Article 40 of Regulation (EEC) No 2537/89 ; Whereas the guide price for soya beans for the 1990/91 marketing year was fixed by Council Regulation (EEC) Whereas the abatement of the subsidy for soya seed No 1319/90 (3) ; whereas, pursuant to Articles 95 and 293 of the Act of Accession of Spain and Portugal, aid for soya which arises, where appropriate, from the system of beans harvested in these two Member States is to be maximum guaranteed quantities for the 1990/91 marke­ calculated in accordance with the provisions of paragraphs ting year, has been fixed by Commission Regulation 2 and 3 of the said Articles ; (EEC) No 3217/90 C);

Whereas the prices fixed by the Council are to be reduced Whereas, owing to the lack of a guide price for soya seed in accordance with Commission Regulation (EEC) No and of the adjustment in the rate of aid resulting from the 1756/90 of 27 June 1990 establishing the guide price maximum guaranteed quantity arrangements for the fixed in ecus by the Council in the soya bean sector and 1991 /92 marketing year, the rate of the aid fixed in reduced as a result of the monetary realignment of 5 advance for this marketing year has only been able to be January 1990 (4) ; calculated provisionally on the basis of the Commission's price proposals to the Council ; whereas this amount Whereas, pursuant to Council Regulation (EEC) No should therefore only be applied provisionally and should 2194/85 of 25 July 1985 adopting general rules con­ be confirmed or replaced once the prices and related cerning special measures for soya beans (*), as last measures and the consequences of the maximum guaran­ amended by Regulation (EEC) No 1231 /89 (6), the world teed quantity arrangements for the 1991 /92 marketing price for soya beans is to be determined on the basis of year are known ; the most favourable actual purchasing possibility, with the exception of offers and prices which may not be consi­ Whereas, if the said system is to operate normally, aid dered as representative of the actual market trend ; should be calculated on the following basis : whereas account is to be taken of offers made on the — in the case of currencies which are maintained in rela­ world market as well as the prices quoted on exchanges which are important in terms of international trade ; tion to each other at any given moment within a band whereas, under that Regulation, where the subsidy to be of 2,25 % , a rate of exchange based on their central granted is fixed in advance, the amount of such subsidy rate, multiplied by the corrective factor provided for in must be equal to the amount applicable on the day on the last paragraph of Article 3 ( 1 ) of Council Regula­ which the application for advance fixing was lodged, tion (EEC) No 1676/85 (10), 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 . f) OJ No L 245, 22. 8 . 1989, p. 8 . ') OJ No L 132, 23. 5. 1990, p. 13 . (8) OJ No L 228 , 22. 8 . 1990, p. 15 . 4) OJ No L 162, 28 . 6. 1990, p. 19 . 0 OJ No L 308 , 8 . 11 . 1990, p. 19 . j OJ No L 204, 2. 8. 1985, p. 1 . (10) OJ No L 164, 24. 6. 1985, p. 1 . 6) OJ No L 128 , 11 . 5. 1989 , p. 24. (") OJ No L 201 , 31 . 7. 1990, p. 9 .

28 . 3 . 91 Official Journal of the European Communities No L 81 /61

HAS ADOPTED THIS REGULATION : — for the other currencies, an exchange rate based on an average of the ecus rates published in the 'C' series of the Official Journal of the European Communities Article 1 over a period to be determined, multiplied by the 1 . The amount of the aid provided for in Article 2 of factor referred to in the preceding indent ; Regulation (EEC) No 1491 /85 shall be as set out in the Annex hereto . Whereas the aid shall be fixed as often as the market situ­ 2. However, the amount of the aid fixed in advance for ation so requires and so that it can be applied at least the 1991 /92 marketing year for soya seed shall be twice a month, one of which times shall be from the first confirmed or replaced with effect from 1 April 1991 to day of each month ; take account of the prices and related measures for the 1991 /92 marketing year and of the consequences of the maximum guaranteed quantity arrangements. Whereas it follows from applying these provisions to the offers and quotations known to the Commission that the Article 2 subsidy on soya beans should be as set out in this Regula­ tion, This Regulation shall enter into force on 1 April 1991 .

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

Done at Brussels, 27 March 1991 .

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 27 March 1991 fixing the aid for soya beans

(ECU/100 kg) Current First Second Third Fourth Fifth period period period period period period 4 5 6 7 8 9 (')

Seed harvested : — Spain 16,720 17,605 17,422 17,468 16,302 16,267 — another Member State 22,264 23,149 22,966 23,012 21,846 19,991

(') Amount fixed provisionally, pending and subject to the setting of the prices and related measures and of the application of the maximum guaranteed quantity arrangements for the 1991 /92 marketing year, on the basis in particular : — of the Commission's proposals for the 1991 /92 marketing year as regards the quide price, — the adjustment resulting from the maximum guaranteed quantity arrangements applied for the 1990/91 marketing year.