No L 18/10 Official Journal of the European Communities 23. 1. 90 COMMISSION REGULATION (EEC) No 150/90 of 19 January 1990 amending of 19 January 1990 Regulation (EEC) No 2537/89 laying down detailed laws for the application of the special measures for soya beens THE COUNCIL-OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1491/85 of 23 May 1985 laying down special ‘measures in respect of soya beans ('), as last-amended by Regulation (EEC) No 2217/88 (), and in particular Article 2 (8) and the third paragraph of Article 3 thereof, Having regard to Council Regulation (EEC) No 2194/85 of 25 July 1985 adopting general rules concerning: special measures for soya beans (%), as last amended by Regulation (EEC) No 1231/89 (%), and in particular Article 9 thereof, Whereas one of the purposes of Commission Regulation (EEC) No 2537/89 of 8 August 1989 laying down detailed rules for the application of the special measures for soya beans (%) was_to tighten up the definition of ‘undertaking’ and in particular to restrict its scope where the manufac- turers of feedingstuffs and foodstuffs referred to in Article 2 (1) (b) thereof were concerned, in view of -the special difficulties presented by surveillance of this type of acti- vity ; whereas, however, the entry into force of that Regu- lation. has shown the need for more explicit provisions on the storage capacity of the establishments concerned ; Whereas, for the sake of legal clarity, amendments should be made to the detailed rules in the said Regulation (EEC) No 2537/89 covering the consequences of irregularities committed by operators ; whereas it is therefore necessary to change . the position of certain provisions and to improve or add to their wording; Whereas it is also necessary to qualify the provisions on the security specified in Article 4b of Regulation (EEC) No 2194/85 in order-to make it clear that the only opera- tion giving rise to release of the security is identification of a given quantity of beans within the time limit set in that Regulation ; Whereas experience has also shown that technical adjust- ments and additional transitional measures are required for satisfactory operation of ‘the scheme in the various Member States ; - Whereas for reasons of legal security the amended transi- tional provisions should be applicable with effect -from . () 0J No L 151, 10. 6. 1985, p. 15. % O] No L 197, 26. 7. 1988, p. 11. ) O] No L 204, 2. 8. 1985, p. 1. () OJ No L 128, 11. 5. 1989, p. 24. () OJ No L 245, 22. 8. 1989, p. 8. the date on which Regulation (EEC) No 2537/89 became applicable’; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats, HAS ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 2537/89 is hereby amended as follows : 1. The following is added to Article 2 (1) (b): ‘it must have, on the premises, storage facilities which are of a capacity determined by the authority respon- sible for control and which meet the requirements of this Regulation as regards the identification of the beans and the verification: of their presence and their use by the undertaking; 2. The first subparagraph of Article 2 (2) is replaced by the following : “Processing for other uses.in human food or animal feeding”, as mentioned in Article 3 of Regulation (EEC) No 2194/85, shall mean the crushing or brea- king without extraction of oil or cooking, with the . exception of toasing of whole beans, rquired for the use of the product, direct or in a mixture.’ 3. Article 5 is amended as follows : — paragraph 1 is replaced by the following para- graphs : ‘1.  Any serious failure by a first purchaser or undertaking to comply with the provisions of Article 3 (2), (3) or (4) shall result in exclusion of that purchaser or undertaking from the benefit of the provisions of this Regulation for a period ‘of :one to five marketing years; without prejudice. to any other measures . applicable. 2. Any serious failure by an approved first purchaser who is not a processor to comply with the provisions of Article 4 (1) shall moreover entail with- drawal, of this approval for the period referred to in paragraph 1. — paragraph 2 becomes paragraph 3.