26.7. 88 Official Journal of the European Communities No L 199/1 I (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 2255/88 of 19 July 1988 fixing, for the 1988/89 marketing year, the activating threshold price for aid, the guide price and the minimum price for peas, field beans and sweet lupins "~ THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, ' Haviné regard to the Act of Accession of Spain and Portugal, and in particular Article 89 (1) thereof, Having regard to Council Regulation (EEC) No 1431/82 of 18 May 1982 laying down special measures for peas, field beans and sweet lupins (1), as last amended by Regulation (EEC)No 1104/88 (2), and in particular Article 2 (1) and (5) and Article 3 (3) thereof, Having regard to the proposal from the Commission (3), Having regard to the opinion of the Parliament (4), European Having regard to the opinion of the Economic and Social Committee (%), Whereas Article 2 (2) of Regulation (EEC) No 1431/82 provides that a price activating the aid for peas, field beans and sweet lupins must be fixed for soya cake at a level which, while ensuring a fair income for producers, enables peas, field beans and sweet lupins to compete normally with soya cake for use in animal feed; Whereas this activating price for aid for peas, field beans and sweet lupins must relate to a standard quality of soya cake which is representative of the average quality sold on the Community market; Whereas Article 2 (3) of Regulation (EEC) No 1431/82 provides that the guide price for peas and field beans for 1 (1) OJ No L 162, 12. 6. 1982, p. 28. (2) OJ No L 110, 29. 4. 1988, p. 16. (*) O No C 139, 30. 5. 1988, p. 31. (4) O] No C 167, 27. 6. 1988. (5) O] No C 175, 4. 7. 1988, p. 33. human consumption must be fixed at a level which is fair to producers, taking account of the Community’s supply requirements; whereas this price must relate to a standard quality; Whereas Article 3 of Regulation (EEC) No 1431/82 provides for the fixing of a minimum price which, allowing for market fluctuations and for the cost of transport of the products from producer to processor, enables producers to obtain a fair return; : Whereas, under Article 68 of the Act of Accession, prices in Spain were set at levels differing from that of the common prices for sweet lupins; whereas, pursuant to Article 70 (1) of the Act of Accession, the Spanish prices should be aligned on the common prices each year at the beginning of the marketing year; whereas the rules laid down for this alignment give the Spanish prices set out below, HAS ADOPTED THIS REGULATION: Article 1 1. For the 1988/89 marketing year the activating threshold price for aid, as referred to in Article 2 of Regulation (EEC) No 1431/82, shall be: (a) for Spain: — 44,76 ECU per 100 kilograms, for peas and field beans, — 40,95 ECU per 100 kilograms, for sweet lupins; (b) for the other Member States: — 44,76 ECU per 100 kilograms, for peas and field beans, — 43,05 ECU per 100 kilograms, for sweet lupins. 2. Theprice referred to in paragraph 1 shall relate to soya cake having;: — a total crude protein content of 44 %, — a moisture content of 11 %.