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Regulation (EEC) No 1900/74 of the Council of 15 July 1974 laying down special measures for soya beans Official Journal L 201 , 23/07/1974 P. 0005 - 0006

++++ REGULATION ( EEC ) NO 1900/74 OF THE COUNCIL OF 15 JULY 1974 LAYING DOWN SPECIAL MEASURES FOR SOYA BEANS THE COUNCIL OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ; HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ; HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ; HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ; WHEREAS THE PRODUCTION OF SOYA BEANS IS BECOMING OF INCREASING INTEREST TO THE COMMUNITY ; WHEREAS , IN ORDER TO PROMOTE THE DEVELOPMENT OF THIS PRODUCTION , WHICH IS SUBJECTED TO DIRECT COMPETITION FROM THE SOYA BEANS IMPORTED FROM THIRD COUNTRIES DUTY FREE , PROVISION SHOULD BE MADE FOR APPROPRIATE MEASURES OF SUPPORT ; WHEREAS TO THIS END THE MARKETING OF COMMUNITY CROPS MUST ENSURE PRODUCERS A FAIR INCOME , THE LEVEL OF WHICH MAY BE DEFINED BY A GUIDE PRICE ; WHEREAS THE DIFFERENCE BETWEEN THIS PRICE AND PRICE ASCERTAINED FOR THE SOYA BEANS ON THE WORLD MARKET FOR A REPRESENTATIVE PERIOD CORRESPONDS TO THE AMOUNT OF THE SUBSIDY WHICH SHOULD BE GRANTED IN ORDER TO ACHIEVE THE OBJECTIVE PURSUED ; WHEREAS PROVISION SHOULD BE MADE TO ENSURE THAT EXPENDITURE INCURRED BY MEMBER STATES AS A RESULT OF THE OBLIGATIONS ARISING FROM THE APPLICATION OF THIS REGULATION BECOMES A CHARGE ON THE COMMUNITY IN ACCORDANCE WITH THE REGULATIONS ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY , HAS ADOPTED THIS REGULATION : ARTICLE 1 1 . EACH YEAR BEFORE 1 AUGUST , A GUIDE PRICE FOR SOYA BEANS FALLING WITHIN COMMON CUSTOMS TARIFF HEADING NO 12.01 SHALL BE FIXED FOR THE COMMUNITY IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 43 ( 2 ) OF THE TREATY . THIS PRICE SHALL BE FIXED AT A LEVEL WHICH IS FAIR TO PRODUCERS , ACCOUNT BEING TAKEN OF THE SUPPLY REQUIREMENTS OF THE COMMUNITY . 2 . THE GUIDE PRICE SHALL CONTINUE TO APPLY THROUGHOUT THE FOLLOWING MARKETING YEAR ; THIS SHALL COVER THE PERIOD FROM 1 NOVEMBER TO 31 OCTOBER . 3 . THE GUIDE PRICE SHALL RELATE TO A STANDARD QUALITY . THIS QUALITY SHALL BE DETERMINED BY THE COUNCIL IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN PARAGRAPH 1 . ARTICLE 2 1 . WHEN THE GUIDE PRICE VALID FOR A MARKETING YEAR IS HIGHER THAN THE AVERAGE WORLD MARKET PRICE FOR STANDARD QUALITY SOYA BEANS , OBSERVED DURING THE SAME MARKETING YEAR FOR A COMMUNITY FRONTIER CROSSING POINT AND FOR A REPRESENTATIVE PERIOD , A SUBSIDY EQUAL TO THE DIFFERENCE BETWEEN THESE TWO PRICES SHALL BE GRANTED TO PRODUCERS OF SOYA BEANS HARVESTED WITHIN THE COMMUNITY . 2 . THE SUBSIDY SHALL BE GRANTED FOR PRODUCTION OBTAINED BY APPLYING AN INDICATIVE YIELD TO THE SURFACE AREAS ON WHICH SOYA HAS BEEN SOWN AND HARVESTED . 3 . THE COUNCIL , ACTING BY QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , SHALL LAY DOWN : ( A ) THE CRITERIA FOR THE DETERMINATION OF THE AVERAGE WORLD MARKET PRICE ; ( B ) THE GENERAL RULES ACCORDING TO WHICH THE SUBSIDY SHALL BE GRANTED , AS WELL AS THOSE CONCERNING THE CONTROL OF BEANS HARVESTED WITHIN THE COMMUNITY WITH A VIEW TO ESTABLISHING ELIGIBILITY FOR THE SUBSIDY . 4 . THE FOLLOWING SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE SET OUT IN ARTICLE 38 OF COUNCIL REGULATION NO 136/66/EEC ( 1 ) OF 22 SEPTEMBER 1966 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS : ( A ) THE AVERAGE WORLD MARKET PRICE ; ( B ) DETAILED RULES FOR THE APPLICATION OF THE PRESENT ARTICLE . ARTICLE 3 MEMBER STATES AND THE COMMISSION SHALL COMMUNICATE TO EACH OTHER THE INFORMATION NECESSARY FOR THE APPLICATION OF THIS REGULATION . THIS INFORMATION SHALL BE DECIDED UPON IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 38 OF REGULATION NO 136/66/EEC . DETAILED RULES CONCERNING THE COMMUNICATION AND DISSEMINATION OF THIS INFORMATION SHALL BE ADOPTED IN ACCORDANCE WITH THE SAME PROCEDURE . ARTICLE 4 THE PROVISIONS ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY SHALL APPLY TO THE SUBSIDY SYSTEM PROVIDED FOR IN THIS REGULATION . ARTICLE 5 THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . IT SHALL BE APPLICABLE FROM 1 NOVEMBER 1974 . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 15 JULY 1974 . FOR THE COUNCIL THE PRESIDENT CHRISTIAN BONNET ( 1 ) OJ NO 172 , 30 . 9 . 1966 , P . 3025/66 .

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REGULATION ( EEC ) NO 1900/74 OF THE COUNCIL

OF 15 JULY 1974

LAYING DOWN SPECIAL MEASURES FOR SOYA BEANS

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ;

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ;

WHEREAS THE PRODUCTION OF SOYA BEANS IS BECOMING OF INCREASING INTEREST TO THE COMMUNITY ; WHEREAS , IN ORDER TO PROMOTE THE DEVELOPMENT OF THIS PRODUCTION , WHICH IS SUBJECTED TO DIRECT COMPETITION FROM THE SOYA BEANS IMPORTED FROM THIRD COUNTRIES DUTY FREE , PROVISION SHOULD BE MADE FOR APPROPRIATE MEASURES OF SUPPORT ;

WHEREAS TO THIS END THE MARKETING OF COMMUNITY CROPS MUST ENSURE PRODUCERS A FAIR INCOME , THE LEVEL OF WHICH MAY BE DEFINED BY A GUIDE PRICE ; WHEREAS THE DIFFERENCE BETWEEN THIS PRICE AND PRICE ASCERTAINED FOR THE SOYA BEANS ON THE WORLD MARKET FOR A REPRESENTATIVE PERIOD CORRESPONDS TO THE AMOUNT OF THE SUBSIDY WHICH SHOULD BE GRANTED IN ORDER TO ACHIEVE THE OBJECTIVE PURSUED ;

WHEREAS PROVISION SHOULD BE MADE TO ENSURE THAT EXPENDITURE INCURRED BY MEMBER STATES AS A RESULT OF THE OBLIGATIONS ARISING FROM THE APPLICATION OF THIS REGULATION BECOMES A CHARGE ON THE COMMUNITY IN ACCORDANCE WITH THE REGULATIONS ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY ,

HAS ADOPTED THIS REGULATION :

1 . EACH YEAR BEFORE 1 AUGUST , A GUIDE PRICE FOR SOYA BEANS FALLING WITHIN COMMON CUSTOMS TARIFF HEADING NO 12.01 SHALL BE FIXED FOR THE COMMUNITY IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 43 ( 2 ) OF THE TREATY .

THIS PRICE SHALL BE FIXED AT A LEVEL WHICH IS FAIR TO PRODUCERS , ACCOUNT BEING TAKEN OF THE SUPPLY REQUIREMENTS OF THE COMMUNITY .

2 . THE GUIDE PRICE SHALL CONTINUE TO APPLY THROUGHOUT THE FOLLOWING MARKETING YEAR ; THIS SHALL COVER THE PERIOD FROM 1 NOVEMBER TO 31 OCTOBER .

3 . THE GUIDE PRICE SHALL RELATE TO A STANDARD QUALITY . THIS QUALITY SHALL BE DETERMINED BY THE COUNCIL IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN PARAGRAPH 1 .

1 . WHEN THE GUIDE PRICE VALID FOR A MARKETING YEAR IS HIGHER THAN THE AVERAGE WORLD MARKET PRICE FOR STANDARD QUALITY SOYA BEANS , OBSERVED DURING THE SAME MARKETING YEAR FOR A COMMUNITY FRONTIER CROSSING POINT AND FOR A REPRESENTATIVE PERIOD , A SUBSIDY EQUAL TO THE DIFFERENCE BETWEEN THESE TWO PRICES SHALL BE GRANTED TO PRODUCERS OF SOYA BEANS HARVESTED WITHIN THE COMMUNITY .

2 . THE SUBSIDY SHALL BE GRANTED FOR PRODUCTION OBTAINED BY APPLYING AN INDICATIVE YIELD TO THE SURFACE AREAS ON WHICH SOYA HAS BEEN SOWN AND HARVESTED .

3 . THE COUNCIL , ACTING BY QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , SHALL LAY DOWN :

( A ) THE CRITERIA FOR THE DETERMINATION OF THE AVERAGE WORLD MARKET PRICE ;

( B ) THE GENERAL RULES ACCORDING TO WHICH THE SUBSIDY SHALL BE GRANTED , AS WELL AS THOSE CONCERNING THE CONTROL OF BEANS HARVESTED WITHIN THE COMMUNITY WITH A VIEW TO ESTABLISHING ELIGIBILITY FOR THE SUBSIDY .

4 . THE FOLLOWING SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE SET OUT IN ARTICLE 38 OF COUNCIL REGULATION NO 136/66/EEC ( 1 ) OF 22 SEPTEMBER 1966 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS :

( A ) THE AVERAGE WORLD MARKET PRICE ;

( B ) DETAILED RULES FOR THE APPLICATION OF THE PRESENT ARTICLE .

MEMBER STATES AND THE COMMISSION SHALL COMMUNICATE TO EACH OTHER THE INFORMATION NECESSARY FOR THE APPLICATION OF THIS REGULATION . THIS INFORMATION SHALL BE DECIDED UPON IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 38 OF REGULATION NO 136/66/EEC . DETAILED RULES CONCERNING THE COMMUNICATION AND DISSEMINATION OF THIS INFORMATION SHALL BE ADOPTED IN ACCORDANCE WITH THE SAME PROCEDURE .

THE PROVISIONS ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY SHALL APPLY TO THE SUBSIDY SYSTEM PROVIDED FOR IN THIS REGULATION .

ARTICLE 5

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL BE APPLICABLE FROM 1 NOVEMBER 1974 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 15 JULY 1974 .

FOR THE COUNCIL

THE PRESIDENT

CHRISTIAN BONNET

( 1 ) OJ NO 172 , 30 . 9 . 1966 , P . 3025/66 .