31994R1246

No L 137/24 Official Journal of the European Communities 1 . 6 . 94

COMMISSION REGULATION (EC) No 1246/94 of 31 May 1994 fixing the aid for cotton

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas, pursuant to the second subparagraph of Article 2 (2) of Council Regulation (EEC) No 1964/87 of 2 July 1987 adjusting the system of aid for cotton (*), as last Having regard to the Treaty establishing the European amended by Regulation (EEC) No 1553/93 Q, the aid for Community, cotton for the 1994/95 marketing year is reduced by ECU 5,073/ 100 kilograms as fixed by Commission Regulation (EEC) No 2420/93 (8) and by the reduction fixed to take account of the expected overrun of the maximum guaran­ Having regard to the Act of Accession of Greece, and in teed quantity fixed by the second subparagraph of Article particular paragraphs 3 and 10 of Protocol 4 on cotton annexed thereto, as amended by Protocol 14 annexed to 2 ( 1) of Regulation (EEC) No 1964/87 ; whereas, in these circumstances, the amount of the aid has been provisio­ the Act of Accession of Spain and Portugal, and Commis­ nally calculated on the basis of an overall provisional sion Regulation (EEC) No 4006/87 ('), reduction of ECU 25,365/ 100 kilograms ;

Having regard to Council Regulation (EEC) No 2169/81 of 27 July 1981 laying down the general rules for the Whereas the world market price for unginned cotton is system of aid for cotton (2), as last amended by Regulation determined periodically on the basis of the world prices (EEC) No 1 554/93 (3), and in particular Article 5 (1) recorded for ginned cotton and cotton seed, talking into thereof, account the estimated yield of the Community harvest in cotton seed and in ginned cotton and also the net cost of ginning ; Whereas, pursuant to Article 5 of Regulation (EEC) No 2169/81 , aid must be granted for unginned cotton harvested in the Community when the world market Whereas the world market price for ginned cotton and price for unginned cotton is below the guide price ; cotton seed is determined in accordance with Article 4 of Regulation (EEC) No 2169/81 ;

Whereas the aid is equal to the difference between these two prices ; Whereas, if the world market price for unginned cotton cannot be determined as described above, this price shall be established on the basis of the most recent price deter­ mined ; Whereas the second sentence of Article 7 (1 ) of Commis­ sion Regulation (EEC) No 1201 /89 of 3 May 1989 laying down rules implementing the system of aid for cotton (4), as last amended by Regulation (EEC) No 2046/93 (*), Whereas the world market price for unginned cotton is stipulates that aid applications may be lodged during May equal to the sum of the values for ginned cotton seed and July 1994 for both the 1993/94 and 1994/95 mar­ defined in Article 1 of Regulation (EEC) No 1201 /89, keting years ; whereas the aid valid for the two marketing minus the cost of beginning ; years in question should therefore be fixed during those months : Whereas the above values are established on the basis of the prices determined in accordance with Articles 2 and 3 Whereas in the absence of a guide price for cotton valid of Regulation (EEC) No 1201 /89 ; whereas the world for the 1994/95 marketing year, the amount of aid to be market price is detrmined on the basis of the most favou­ granted where it is fixed in advance for that marketing rable offers and quotations recorded, excluding offers and year can be fixed only provisionally on the basis of the quotations which cannot be regarded as representative of Commission's most recent price proposals to the Council the real market trend ; for the 1994/95 marketing year ; whereas this amount must therefore be applied provisionally only, and must be confirmed or replaced as soon as the price for 1994/95 Whereas the necessary adjustments must be made in cases marketing year is known ; where the offers and quotations recorded do not satisfy the requirements indicated above ; (') OJ No L 377, 31 . 12. 1987, p. 49. (2) OJ No L 211 , 31 . 7. 1981 , p. 2. 0 OJ No L 154, 25. 6. 1993, p. 23. («) OJ No L 184, 3. 7. 1987, p. 14. (4) OJ No L 123, 4. 5. 1989, p. 23. o OJ No L 154, 25 . 6. 1993, p. 21 . 0 OJ No L 185, 28. 7. 1993, p. 19. (8 OJ No L 222, 1 . 9. 1993, p. 37.

1 . 6. 94 Official Journal of the European Communities No L 137/25

HAS ADOPTED THIS REGULATION : Whereas, pursuant to Article 4 (4) of Regulation (EEC) No 2169/81 , if there are no suitable offers or quotations for determing the world market price for cotton seed, that price shall be established on the basis of the most favou­ rable offers and quotations for cotton seed recorded on Article 1 the Community market or, if those offers and quotations cannot be established, on the basis of the value of the products obtained from processing the seed in the 1 . The aid for unginned cotton provided for in Article Community, less the processing cost ; whereas this value 5 of Regulation (EEC) No 2169/81 shall be : is determined in accordance with Article 4 of Regulation (EEC) No 1201 /89 ; — ECU 48,364 per 100 kilograms for the 1993/94 Whereas the representative market rates defined in Article marketing year, 1 of Council Regulation (EEC) No 3813/92 ('), as amended by Regulation (EC) No 3528/93 (2), are used to — ECU 45,308 per 100 kilograms for the 1994/95 convert amounts expressed in third country currencies marketing year. and are used as the basis for determining the agricultural conversion rates of the Member States' currencies ; 2. However, the amount of the aid for 1994/95 shall be whereas detailed rules on the application and determina­ tion of these conversions are laid down in Commission confirmed or replaced with effect from 1 June 1994 to take account of the guide price for cotton or that Regulation (EEC) No 1068/93 (3), as amended by Regula­ marketing year and the consequences of the system of tion (EC) No 547/94 (4); maximum guaranteed quantities. Whereas the aid must be fixed once a month, and in such a way that it can be applied for the first day of the month following the date of fixing ; whereas it may be altered between fixings ; Article 2 Whereas it follows from applying these provisions to the offers and quotations known to the Commission that the aid for cotton should be as set out in this Regulation, This Regulation shall enter into force on 1 June 1994.

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

Done at Brussels, 31 May 1994.

For the Commission Rene STEICHEN Member of the Commission

(■) OJ No L 387, 31 . 12. 1992, p. 1 . (2) OJ No L 320, 22. 12. 1993, p. 32. 0 OJ No L 108, 1 . 5. 1993, p. 106. (4) OJ No L 69, 12. 3. 1994, p. 1 .