31992R3870

31 . 12. 92 Official Journal of the European Communities No L 390 / 111

COMMISSION REGULATION (EEC) No 3870/92 of 30 December 1992 fixing the amount of aid for peas, field beans and sweet lupins

THE COMMISSION OF THE EUROPEAN COMMUNITIES, increases in the threshold price was fixed by Council Regulation (EEC) No 1752/92 (8) ; Having regard to the Treaty establishing the European Economic Community, Whereas the abatement of the subsidy which arises from the system of maximum guaranteed quantities for the 1992/93 year, has been fixed by Commission Regulation Having regard to the Act of Accession of Spain and (EEC) No 251 2/92 f), as amended by Regulation (EEC) Portugal, No 2752/92 (,0) ;

Having regard to Council Regulation (EEC) No 1431 /82 Whereas, pursuant to Article 4 of Regulation (EEC) No of 18 May 1982 laying down special measures for peas, 1431 /82, the world market price for soya cake must be field beans and sweet lupins ('), as last amended by Regu­ determined on the basis of the most favourable purchase lation (EEC) No 1750/92 (2), and in particular Article 3 (6) possibilities, excepting offers and quotations which (a) thereof, cannot be considered representative of the real market trend ; whereas account must be taken both of all offers on the world market and of the prices quoted on Having regard to Commission Regulation (EEC) No exchanges that are important for international trade ; 3540/85 of 5 December 1985 laying down detailed rules for the application of the special measures for peas, field beans and sweet lupins (3), as last amended by Regulation Whereas, pursuant to Article 1 of Commission Regulation (EEC) No 1734/92 (4), and in particular Article 26a (7) (EEC) No 2049/82 (u), as last amended by Regulation thereof, (EEC) No 1238/87 C 2), the price must be determined per 100 kilograms of bulk soya cake of the standard quality defined in Article 1 (2) of Council Regulation (EEC) No Whereas, as provided for in Article 3 ( 1 ) of Regulation 1464/86 (13) delivered to Rotterdam ; whereas the neces­ (EEC) No 1431 /82, aid is granted for peas, field beans and sary adjustments, notably those referred to in Article 2 of sweet lupins harvested in the Community and used in the Regulation (EEC) No 2049/82, must be made for offers manufacture of feedingstuffs where the world market and quotations not of the type referred to above ; price of soya cake is lower than the activating price ; whereas this aid is equal to a proportion of the difference between these prices ; whereas this proportion of the price Whereas Commission Regulation (EEC) No 3328/92 (l4) difference was fixed in Article 3a of Council Regulation limits the validity of the certificate provided for in Article (EEC) No 2036/82 (*), as last amended by Regulation 4 of Council Regulation (EEC) No 2036/82 to 30 June (EEC) No 2206/90 (6) ; 1993 ;

Whereas the representative market rates defined in Article Whereas, in accordance with Article 3 (2) of Regulation 1 of Council Regulation (EEC) No 3813/92 (l5) are used to (EEC) No 1431 /82, aid is granted for peas and field beans convert amounts expressed in third country currencies harvested in the Community where the world market and are used as the basis for determining the agricultural price for these products is lower than the guide price ; conversion rates of the Member States' currencies ; whereas this aid is equal to the difference between the whereas detailed rules on the application and determina­ two prices ; tion of these conversions were set by Commission Regu­ lation (EEC) No 3819/92 (16); Whereas the threshold price activating the aid for peas, field beans and sweet lupins for the 1992/93 marketing Whereas pursuant to Articles 121 (2) and 307(2) of the year was fixed by Council Regulation (EEC) No Act of Accession the amount of the aid for products 1751 /92 f) ; whereas, as provided for in Article 2a of harvested and processed in either of these Member States Regulation (EEC) No 1431 /82, the activating price for the should be reduced by the customs duty charged on aid for peas, field beans and sweet lupins is increased importation of products from third countries ; monthly as from the beginning of the third month of the marketing year ; whereas the amount of the monthly (8) OJ No L 180, 1 . 7. 1992, p. 20 . O OJ No L 250, 29 . 8 . 1992, p . 15. (') OJ No L 162, 12. 6. 1982, p. 28 . H OJ No L 279, 23. 9 . 1992, p. 18 . (2) OJ No L 180, 1 . 7. 1992, p. 17. (") OJ No L 219 , 28 . 7. 1982, p. 36. (J) OJ No L 342, 19 . 12. 1985, p. 1 . (I2) OJ No L 117, 5. 5 . 1987, p. 9 . (4) OJ No L 179, 30 . 7. 1992, p. 120 . H OJ No L 133, 21 . 5. 1986, p. 21 . 0 OJ No L 219 , 28 . 7. 1982, p. 1 . (14) OJ No L 334, 19 . 11 . 1992, p . 17. (6) OJ No L 201 , 31 . 7. 1990, p. 11 . H OJ No L 387, 31 . 12. 1992, p . 1 . 0 OJ No L 180 , 1 . 7. 1992, p. 18 . H OJ No L 387, 31 . 12. 1992.

No L 390/ 112 Official Journal of the European Communities 31 . 12 . 92

Whereas the world market price for peas and field beans ecus, to be granted for 100 kilograms of the product, as and the amount of aid referred to in Article 3 (2) of Regu­ soon as it is fixed ; whereas the gross aid in ecus resulting lation (EEC) No 1431 /82 were fixed by Commission from Article 3 of Regulation (EEC) No 1431 /82 is to be Regulation (EEC) No 1 899/9 1 (') ; whereas in terms of converted directly into the national currencies at the agri­ Article 2a of Regulation (EEC) No 1431 /82 the guide cultural conversion rate valid on the day of identification price is increased monthly as from the beginning of the in the Member State in which the products are used, third month of the marketing year ;

Whereas, pursuant to Article 26a of Regulation (EEC) No 3540/85, the gross aid expressed in ecus that results from HAS ADOPTED THIS REGULATION : Article 3 of Regulation (EEC) No 1431 /82 shall be weighted by the differential amount referred to in Article 12a of Regulation (EEC) No 2036/82 and then converted Article 1 into the final aid in the currency of the Member State in which the products are harvested using the agricultural The amounts of aid provided for in Article 3 (1 ) of Regu­ conversion rate of that Member State ; lation (EEC) No 1431 /82 is indicated in the Annexe hereto . Whereas Article 26a of Regulation (EEC) No 3540/92 has been repealed in accordance with Article 2 of Regulation (EEC) No 3820/92 (2) ; whereas the Commission therefore Article 2 publishes in the Official Journal of the European Communities only the gross amount of aid, expressed in This Regulation shall enter into force on 1 January 1993.

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

Done at Brussels, 30 December 1992.

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 169, 29. 6. 1991 , p. 29 . O OJ No L 387, 31 . 12. 1992.

31 . 12 . 92 Official Journal of the European Communities No L 390/ 113

ANNEX

Gross aid

Products intended for human consumption : (ECU per 100 kg)

Current 1st period 2nd period 3rd period 4th period 5th period 1 2 3 4 5 6

5eas used : - in Portugal 11,290 11,448 11,606 11,764 11,764 11,764 - in antother Member State 11,350 11,508 11,666 11,824 11,824 11,824

Jield beans used : - in Portugal 11,290 11,448 11,606 11,764 11,764 11,764 - in another Member State 11,350 11,508 11,666 11,824 11,824 11,824

Products used in animal feed : (ECU per 100 kg) Current 1st period 2nd period 3rd period 4th period 5th period 1 2 3 4 5 6

Peas used : — in Portugal 11,306 11,464 12,083 12,548 12,764 12,764 — in another Member State 11,306 11,464 12,083 12,548 12,764 12,764

B. Field beans used : — in Portugal 11,306 11,464 12,083 12,548 12,764 12,764 — in another Member State 11,306 11,464 12,083 12,548 12,764 12,764

C. Sweet lupins used : — in Portugal 13,586 13,586 14,202 14,612 14,900 14,900 — in another Member State 13,586 13,586 14,202 14,612 14,900 14,900