COUNCIL REGULATION (EEC) No 1032/84 of 31 March 1984 amending Regulation (EEC) No 1431/82 laying down special measures for peas and field beans

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42 and 43 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas Regulation (EEC) No 1431/82 (4), as last amended by Regulation (EEC) No 1577/83 (5), provides for special measures only for peas and field beans ; whereas the production of sweet lupins presents features which may by compared with that of peas and field beans ; whereas, therefore, the support measures which exist at present for peas and field beans should be extended to sweet lupins and at the same time certain changes should be made to Regulation (EEC) No 1431/82;

Whereas, further, Regulation (EEC) No 1431/82 has made provision for a system of aid for peas and field beans intended for human consumption during the 1982/83 and 1983/84 marketing years ; whereas, bearing in mind the experience gained during this period, the said system should not be limited in time,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1431/82 is hereby amended as follows: 1. In the title "peas and field beans" shall be replaced by"peas, field beans and sweet lupins".

2. The following shall be added as a third indent toArticle 1:

"- sweet lupins falling within subheading 12.03 CIII of the Common Customs Tariff".

3. Point (b) of Article 2 (1) shall be replaced by thefollowing:

"(b) a guide price for the peas and field beansreferred to in Article 1 when they are used forhuman consumption or in animal feed for a useother than that provided for in point (a)".

4. Article 2 (2) shall be replaced by the following:

"2. The activating price shall be fixed for soya cakeat a level which enables the products referred to inArticle 1 to be used in animal feed under conditionsof normal competition with oilcake and whichensures a fair return to producers of peas and fieldbeans and sweet lupins."

5. Article 3 (1) shall be replaced by the following:

"1. When the average world market price for soyacake, as determined in accordance with Article 4 (1),is lower than the activating price, aid shall begranted for products as referred to in Article 1 whichare harvested in the Community and used in themanufacture of animal feed. Such aid shall be equalfor peas and field beans to 45 % and for sweet lupinsto 60 % of the difference between these prices."

6. Article 3 (2) shall be replaced by the following:

"2. When the average world market price for peasand field beans, referred to in Article 1, asdetermined in accordance with Article 4 (2), is lowerthan the guide price laid down for the marketingyear, aid equal to the difference between the twoprices shall be granted for products which areharvested in the Community and used for humanconsumption or in animal feed for a use other thanthat provided for in paragraph 1."

7. The last subparagraph of Article 3 (3) shall bereplaced by the following:

"This price shall be fixed at the same time as theactivating and guide price and according to theprocedure provided for fixing these prices. It shallrelate to the standard quality for which the guideprice is fixed." (1) OJ No C 62, 5.3.1984, p. 21. (2) OJ No C 104, 16.4.1984, p. 96. (3) OJ No C 103, 16.4.1984, p. 21. (4) OJ No L 162, 12.6.1982, p. 28. (5) OJ No L 163, 22.6.1983, p. 18.

8. In Article 3 (5), point (b) shall be replaced by thefollowing:

"(b) detailed rules for the checking of entitlement toaid ; such checking may cover both peas, fieldbeans and sweet lupins harvested in theCommunity and imports from non-membercountries ; in connection with the latter asecurity may be required".

9. The following point shall be added to Article 3(5):

"(d) the conditions for the eligibility for aid oflupins, in particular the definition of the term"sweet lupin"".

10. Point (a) of Article 3 (6) shall be replaced by:

"(a) the amounts of the aid referred to inArticle 3 (1) shall be fixed periodically by theCommission".

11. The last paragraph of Article 7 shall be deleted.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

It shall apply from 1 July 1984.

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

Done at Brussels, 31 March 1984.

For the Council

The President

M. ROCARD