31992R0404

20 . 2. 92 Official Journal of the European Communities No L 44/27

COMMISSION REGULATION (EEC) No 404/92 of 19 February 1992 fixing the aid for soya beans

THE COMMISSION OF THE EUROPEAN COMMUNITIES, on which the 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 August 1989 laying down detailed rules Having regard to the Treaty establishing the European for the application of the special measure for soya Economic Community, beans (6), as last amended by Regulation (EEC) No 2692/91 0 ;

Having regard to the Act of Accession of Spain and Portugal, 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 Having regard to Council Regulation (EEC) No 1491 /85 quotations for delivery within 30 days following the date of 23 May 1985 laying down special measures in respect when the said offers and quotations were recorded ; of soya beans ('), as last amended by Regulation (EEC) No 1724/91 (2), and in particular Article 2 (7) thereof, Whereas Regulation (EEC) No 59/92 (8) limits the validity of the certificate provided for in Article 4a of Council Regulation (EEC) No 2194/85 to 30 June 1992 ; Whereas, pursuant to Article 2 ( 1 ) of Regulation (EEC) No 1491 /85, aid is to be granted for soya beans harvested 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 was fixed for the 1991 /92 marketing year by Council Regulation (EEC) No Whereas the abatement of the subsidy which arises, where 1726/91 (3) ; appropriate, from the system of maximum guaranteed quantities for the 1991 /92 year, has been fixed by Commission Regulation (EEC) No 250/92 (9) ;

Whereas, pursuant to Council Regulation (EEC) No 2194/85 of 25 July 1985 adopting general rules con­ cerning special measures for soya beans (4), as last Whereas, if the said system is to operate normally, aid amended by Regulation (EEC) No 1725/91 (% the world should be calculated on the following basis : price for soya beans is to be determined on the basis of the most favourable actual purchasing possibility, with the — in the case of currencies which are maintained in rela­ exception of offers and prices which may not be con­ tion to each other at any given moment within a band sidered as representative of the actual market trend ; of 2,25 % , a rate of exchange based on their central whereas account is to be taken of offers made on the rate, multiplied by the corrective factor provided for in world market as well as the prices quoted on exchanges the last paragraph of Article 3 ( 1 ) of Council Regula­ which are important in terms of international trade ; tion (EEC) No 1676/85 (10) as last amended by Regula­ whereas, under that Regulation, where the subsidy to be tion (EEC) No 2205/90 ("), granted is fixed in advance, the amount of such subsidy must be equal to the amount applicable on the day on — for the other currencies, an exchange rate based on an which the application for advance fixing was lodged, average of the ecu rates published in the 'C' series of adjusted by the difference between the target price valid the Official Journal of the European Communities on that day and the target price valid on the identification over a period to be determined, multiplied by the day ; whereas such adjustment should involve increasing factor referred to in the preceding indent ; or reducing the amount of subsidy applicable on the day

(6) OJ No L 245, 22. 8. 1989, p . 8 . (') OJ No L 151 , 10. 6. 1985, p. 15. 0 OJ No L 255, 12. 9 . 1991 , p . 12. (2) OJ No L 162, 26. 6 . 1991 , p. 35. (8) OJ No L 6, 11 . 1 . 1992, p. 15 . (3) OJ No L 162, 26. 6. 1991 , p. 39. 0 OJ No L 24, 1 . 2. 1992, p. 86 . 0 OJ No L 204, 2. 8 . 1985, p. 1 . (10) OJ No L 164, 24. 6 . 1985, p . 1 . 4 OJ No L 162, 26. 6. 1991 , p. 37. (") OJ No L 201 , 31 . 7. 1990, p. 9.

No L 44/28 Official Journal of the European Communities 20 . 2. 92

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

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 20 February tion, 1992 .

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

Done at Brussels, 19 February 1992.

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 19 February 1992 fixing the aid for soya beans

(ECU/100 kg) Current First Second Third Fourth period period period period period 2 3 4 5 6

Seed harvested 27,476 27,476 27,590 27,424 27,424