No L 128/24 Official Journal of the European Communities 11. 5. 89 COUNCIL REGULATION (EEC) No 1231/89 of 3 May 1989 amending Regulation (EEC) No 2194/85 adopting general rules concerning special measures for soya beans THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, - Having regard to Council Regulation (EEC) No 1491/8S5 of 23 May 1985 laying down special measures in respect of soya beans (}), as last amended by Regulation (EEC) No 2217/88 (2), and in particular Article 2 (6) thereof, Having regard to the proposal from the Commission (3), Whereas, in the interests of sound administration and of the greater economic effectiveness of the aid that will resul if it is possible for it to be fixed in advance by operators, it is appropriate that the identification procedure applied to the oil seeds covered by Regulation No 136/66/EEC (4}, as last amended by Regulation (EEC) No 1225/89 (%), be introduced for soya beans, together with the use of certificates; ' Whereas, in the interests of sound administration, the certificates should also be used where the aid is fixed in . advance; whereas in such cases, in order to prevent speculation, issuing of the certificate should be made - conditional on the lodging of security against a commitment to identify the seed during the period of validity of the certificate; Whereas it should be provided, as a temporary measure until 31 Decéember 1992 and pursuant to Article 2 (2) of Regulation (EEC) No 1491/85, that the identification may be carried out on delivery of the beans to a non-processing first purchaser, provided that he complies with certain requirements; Whereas, in order to make it easier for the oil or feed producer to calculate the cost price of his product, the amount of the aid should not depend on the time at which - - processing is carried out; whereas the day on which the beans are identified should therefore be made the determining date for the amount of the aid; Whereas the principles to be applied for fixing the amount of the aid indicated in Article 2 of Regulation (EEC) No 1491/85 in abnormal situations should be determined; whereas, moreover, the terms under which it may be fixed in advance must be adopted; (*) O] No L 151, 10. 6. 1985, p. 15. (?) OJ No L 197, 26. 7. 1988, p. 11. (*) O] No C 82, 3. 4. 1989, p. 30. (*) OJ No 172, 30. 9. 1966, p. 3025/66. () See page 15 of this Official Journal. Whereas it should be made possible, for the purposes of remedying an abnormal situation on the Community seed market, for the aid to be changed and advance fixing suspended; whereas to this end it should be specified that advance fixing is to be granted only at the end of a short period following lodging of the application, during which the market situation will be assessed; Whereas Regulation (EEC) No 2194/85 (), as last amended by Regulation (EEC) No 3555/88 (?), should therefore be amended, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 2194/85 is hereby amended as follows: 1. The second subparagraph of Article 3 is replaced by the following: : ‘However, at the first purchaser’s request, aid may be advanced following identification of the seed provided that security is lodged for an amount equivalent to that advanced.’ 2. Article 4 is replaced by the following Articles: ‘Article 4 1. For the purposes of this Regulation, “identification” shall mean the act whereby the competent agency of the Member State certifies, on application by the interested party, that the aid to be granted for the quantity of soya beans covered by the application shall be that applicable on the day when the application was lodged. ' However, the amount of aid applicable on the day on which the application for the advance-fixing part of the certificate referred to in Article 4a was lodged, adjusted in accordance with Article 4d, shall be applied at the interested party’s request to beans identified during the period of validity of the advance-fixing part of the certificate. Identification of the beans shall be carried out once they enter into the processing undertaking but before they are processed. 2. On request by the interested party, the Member State shall identify the beans. (5) OJ No L 204, 2. 8. 1985, p. 1. (7) OJ No L 311, 17. 11. 1988, p. 7.