ext/celex/31993R0338

16 . 2. 93 No L 38/28 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 338/93 of 15 February 1993 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 («); 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 2512/92 (9), as amended by Regulation (EEC) Portugal, No 2752/92 (10);

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 1 750/92. (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 1 734/92 (4), and in particular Article 26a (7) (EEC) No 2049/82 ("), as last amended by Regulation thereof, (EEC) No 1238/87 (u), 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 Whereas Commission Regulation (EEC) No 3328/92 (H) between these prices ; whereas this proportion of the price limits the validity of the certificate provided for in Article difference was fixed in Article 3a of Council Regulation 4 of Council Regulation (EEC) No 2036/82 to 30 June (EEC) No 2036/82 0, as last amended by Regulation 1993 ; (EEC) No 2206/90 0 ;

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 (ls) 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 H ; 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. 0 OJ No L 342, 19. 12. 1985, p. 1 . (12) OJ No L 117, 5. 5. 1987, p. 9. (4) OJ No L 179, 1 . 7. 1992, p. 120. (,3) OJ No L 133, 21 . 5. 1986, p. 21 . O OJ No L 219, 28 . 7. 1982, p. 1 . (14) OJ No L 334, 19. 11 . 1992, p. 17. (*) OJ No L 201 , 31 . 7. 1990, p. 11 . (1S) OJ No L 387, 31 . 12. 1992, p. 1 . f) OJ No L 180, 1 . 7. 1992, p. 18. H OJ No L 387, 31 . 12. 1992, p. 17.

16. 2. 93 Official Journal of the European Communities No L 38/29

Whereas the world market price for peas and field beans Communities only the gross amount of aid, expressed in and the amount of aid referred to in Article 3 (2) of Regu ­ ecus, to be granted for 100 kilograms of the product, as lation (EEC) No 1431 /82 were fixed by Commission soon as it is fixed ; whereas the gross aid in ecus resulting Regulation (EEC) No 1899/91 ('); whereas in terms of from Article 3 of Regulation (EEC) No 1431 /82 is to be Article 2a of Regulation (EEC) No 1431 /82 the guide converted directly into the national currencies at the agri ­ price is increased monthly as from the beginning of the cultural conversion rate valid on the day of identification third month of the marketing year ; in the Member State in which the products are used,

Whereas, pursuant to Article 26a of Regulation (EEC) No 3540/85, die 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 Article 1 12a of Regulation (EEC) No 2036/82 and then converted into the final aid in the currency of the Member State in The amounts of aid provided for in Article 3 (1 ) of Regu ­ which the products are harvested using the agricultural lation (EEC) No 1431 /82 is indicated in the Annex hereto. conversion rate of that Member State ;

Whereas Article 26a of Regulation (EEC) No 3540/92 has Article 2 been repealed in accordance with Article 2 of Regulation (EEC) No 3820/92 (2) ; whereas the Commission therefore This Regulation shall enter into force on 16 February publishes in the Official Journal of the European 1993 .

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

Done at Brussels, 15 February 1993.

For the Commission Rene STEICHEN Member of the Commission

(') OJ No L 169, 29. 6. 1991 , p. 29. (2) OJ No L 387, 31 . 12. 1992, p. 22.

Official Journal of the European Communities No L 38/30 16. 2. 93

ANNEX

Gross aid

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

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

2 3 4 5 6

Peas used : — in Portugal 11,508 11,666 11,824 11,824 11,824 — in antother Member State 11,508 11,666 11,824 11,824 11,824

Field beans used : — in Portugal 11,508 11,666 11,824 11,824 11,824 — in another Member State 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

2 3 4 5 6

A. Peas used : — in Portugal 12,002 12,367 12,699 12,891 12,891 — in another Member State 12,002 12,367 12,699 12,891 12,891

B. Field beans used : — in Portugal 12,002 12,367 12,699 12,891 12,891 — in another Member State 12,002 12,367 12,699 12,891 12,891

C. Sweet lupins used : — in Portugal 14,3j03 14,580 14,813 15,069 15,069 — in another Member State 14,303 14,580 14,813 15,069 15,069