COMMISSION REGULATION (EEC) No 2681/83 of 21 September 1983 laying down detailed rules for the application of the subsidy system for oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (1), as last amended by Regulation (EEC) No 1413/82 (2), and in particular Article 27 (5) thereof,
Whereas Article 2 of Council Regulation (EEC) No 1594/83 of 14 June 1983 on the subsidy for oil seeds (3) provides that Member States shall control the use of such seeds at the oil mill or at the feed mill ; whereas, in order to ensure effective control, rules for such control must be adopted;
Whereas the stock account of the seed users should be used as a basis for this control;
Whereas Article 4 of Regulation (EEC) No 1594/83 provides for the introduction of a Community subsidy certificate which is valid, where the subsidy is fixed in advance, throughout the Community ; whereas the entry into force of these rules required the adoption of common provisions on the drawing-up and use of these certificates, on the introduction of Community forms and on the setting-up of methods of administrative collaboration between Member States;
Whereas, where the subsidy is fixed in advance, the period of validity of the certificate must be determined with due regard to the need to adopt the conditions for buying in seeds harvested in the Community to those on the world market;
Whereas, having regard to practice in the seed trade, a certain tolerance should be allowed in respect of the quantity identified in comparison with that specified in the certificate;
Whereas Article 5 of Regulation (EEC) No 1594/83 makes the issue of the certificate subject, where the subsidy is fixed in advance, to the lodging of a deposit which, except in cases of force majeure, is forfeited if the seeds are not placed under control at an oil mill or at a seed mill located in the Community during the period of validity of the certificate ; whereas, to that end, the deposit system should be defined by fixing the amount of the deposit and the conditions for its release;
Whereas, in the interests of efficient administration, the certificates and extracts of certificates may not be amended after they have been issued ; whereas, however, for cases of doubt involving an error attributable to the issuing authority and concerning the details shown on the certificate or extract, there should be a procedure for the withdrawal of incorrect certificates or extracts and the issue of corrected documents; (1) OJ No 172, 30.9.1966, p. 3025/66. (2) OJ No L 162, 12.6.1982, p. 6. (3) OJ No L 163, 22.6.1983, p. 44.
Whereas, to ensure uniform application of the subsidy system, the procedures for paying out the subsidy should be defined;
Whereas, in pursuance of Article 9 of Regulation (EEC) No 1594/83, all imports of seeds or mixtures must be subjected to a control system ; whereas denatured seeds and mixtures may no longer be processed to produce oil ; whereas, in respect of seeds recognized as seeds for sowing, the system applicable to these products prevents their being processed to produce oil ; whereas white and striated sunflower seeds and husked sunflower seeds for human consumption put up in 25 kilogram sacks are not suitable for processing to produce oil ; whereas, consequently, these groups of products should not be subjected to the control referred to in the abovementioned Article 9;
Whereas the said Article 9 provides that the control of seeds of mixtures may be accompanied by the lodging of a deposit ; whereas it is necessary to define the system for that deposit, by fixing the amount thereof and the circumstances in which it shall be forfeited in whole or in part;
Whereas, for the proper functioning of the subsidy system, administrative provisions should be adopted to ensure that imported seeds or mixtures have been placed under control at an oil mill or at a feed mill located in the Community or rendered ineligible for the subsidy ; whereas this aim may be achieved by using in intra-Community trade the control copy issued and used in accordance with Commission Regulation (EEC) No 223/77 (1);
Whereas a criterion should be established relating to the minimum frequency of fixing the subsidy ; whereas it appears sufficient for the subsidy to be set at least once a week;
Whereas, in pursuance of Article 7 of Regulation (EEC) No 1594/83, when the corrective amount referred to in that Article is being determined, account should be taken in particular of the price trend on the world market for the seeds in question ; whereas the trend may be recorded on the basis of the difference between the current world price and the forward world price of these seeds ; whereas criteria should be fixed to enable that trend to be determined even in the absence of the forward price;
Whereas Regulation (EEC) No 1594/83 extended the subsidy system for oil seeds provided for in Article 27 of Regulation No 136/66/EEC to colza and rape seeds incorporated into animal feedingstuffs and repealed Regulation (EEC) No 2114/71 (2) ; whereas, therefore, the detailed rules for the application of the aid system should be reformulated in a new text and Regulation (EEC) No 1204/72 (3) should be repealed;
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
This Regulation lays down rules for the application of the subsidy system for oil seeds introduced by Article 27 of Regulation No 136/66/EEC.
CHAPTER I
Article 2
For the purposes of this Regulation: 1. "Undertaking" means an oil mill or an establishment for the production of feedingstuffs, including: (a) any building or other place within the precincts of the establishment where production takes place ; and
(b) if the seeds cannot be stored within these precincts, any building situated outside them in which the seeds can be properly stored under control and which has been approved in advance by the authority responsible for that control.
2. "Processing" means: (a) the pressing of oil seeds in order to extract all or part of the oil therefrom ; or
(b) the incorporation of colza and rape seeds into feedingstuffs. (1) OJ No L 38, 9.2.1977, p. 20. (2) OJ No L 222, 2.10.1971, p. 2. (3) OJ No L 133, 10.6.1972, p. 1.
3. "Incorporation" means mixing with other products in animal feeds of the colza or rape seed, which is crushed or milled before or after this operation, without extraction of oil.
Article 3
1. The control referred to in Article 2 (1) of Regulation (EEC) No 1594/83 shall be exercised from the time the seeds enter the undertaking until they are processed for oil production or incorporated into feedingstuffs or until they leave the undertaking in the unaltered state.
2. The control must, in particular, make it possible to check that the quantity of seeds which entered the undertaking corresponds to: (a) the quantity of oil and oilcake obtained by processing those seeds;
(b) the quantity of seeds incorporated into feedingstuffs ; or
(c) the quantity of seeds leaving the undertaking in the unaltered state as the case may be.
3. For the purposes of control, separate stock records shall be kept at the undertaking for seeds harvested in the Community and for imported seeds, which must show: - quantities entering the undertaking, specifying net weight as received, moisture and impurity content, and in the case of oil mills also the oil content,
- movements of seeds between the buildings and places mentioned in Article 2 (1) (a) and those mentioned in Article 2 (1) (b),
- quantities of seeds processed and quantities of oil and oilcake obtained from these seeds, or quantities of seeds incorporated into feedingstuffs.
Article 4
1. Seeds harvested in the Community may leave the undertaking only after authorization from the authority responsible for control and provided that a request for the ID part of the certificate provided for in Article 4 of Regulation (EEC) No 1594/83 has not been submitted in respect of the products in question.
2. Imported seeds may leave the undertaking only after authorization from the authority responsible for control. They shall be subject, on leaving the undertaking, to the control provided for in Article 9 of Regulation (EEC) No 1594/83.
Article 5
1. The Community subsidy certificate referred to in Article 4 of Regulation (EEC) No 1594/83 shall consist of: (a) one part, designated AP, certifying the advance fixing of the subsidy;
(b) one part, designated ID, certifying that the quantity of seeds harvested in the Community which is identified is subject to the control provided for in Article 2 of Regulation (EEC) No 1594/83.
2. The certificate shall be made out in at least two copies, the first of which shall be issued to the applicant and the second kept by the issuing body.
Article 6
1. Application may be made for the ID part of the certificate for a single lot or for several lots. In no case may an application be made for the ID part of the certificate in respect of a lot for which an ID part has already been issued.
"Lot" shall be understood to mean a quantity of seeds determined by the interested party, given a number by him when it enters the undertaking and analyzed pursuant to Article 32.
2. The application for the ID part of the certificate shall be considered only if the seeds entered the undertaking at the latest on the day on which it was submitted.
However, the application shall also be considered when the seeds entered the undertaking during the non-working day or days following the day on which the said application was lodged.
Article 7
1. Applications for the AP and ID parts of the certificate shall be sent to or lodged with the competent authority on a printed form made out in accordance with the provisions of Article 18, otherwise they shall not be considered.
However, they may be sent to the competent authority by telegram or by telex.
In this case, they shall be rejected unless they comprise all the information which would have had to be shown on the form if the latter had been used. The telegram or telex shall be followed by an application in accordance with the provisions of the first subparagraph. This requirement shall not affect the validity of the application by telegram or telex. An application containing conditions not provided for in Community regulations shall be rejected.
2. An application for the AP part of the certificate shall be rejected if the security referred to in Article 5 of Regulation (EEC) No 1594/83 is not lodged with or guaranteed to the competent authority not later than 4 p.m. on the day on which the application is lodged, or, where the guarantee is given by telegram, if it has been recorded at the transmitting telegraph office after 4 p.m., or, if it has been recorded not later than 4 p.m., it reaches the competent authority after 5.30 p.m.
3. If an application is made for the ID part of the certificate for a type of seed in respect of which a subsidy has been fixed in advance, the application shall be rejected unless it is accompanied by copy No 1 of the AP part of the certificate or of the extract therefrom, which shall be returned to the party concerned after an entry and endorsement have been made.
If the application was sent to the competent authority by telegram or telex, copy No 1 of the AP part of the certificate or of the extract therefrom must reach the competent authority at the latest during the second working day following that on which the application is submitted.
4. When the ID part of the certificate is applied for in a Member State other than that which issued the AP part of the certificate, the authority responsible for the control of the seeds shall send the issuing authority, after endorsement, a copy of the ID part of the certificate.
Article 8
1. "The day on which the application for the certificate is lodged" means: (a) if the application is lodged directly with the competent authority, the day on which the application is lodged, provided that lodging is effected by 4 p.m. at the latest;
(b) if the application is sent by letter or by telex to the competent authority, the day on which they are received by the latter, provided that they are received by 4 p.m. at the latest;
(c) if the application is sent by telegram to the competent authority, the day on which it is received by the latter, provided that the telegram is recorded at the transmitting telegraph office not later than 4 p.m. and reaches the competent body not later than 5.30 p.m.
2. Applications for certificates which arrive either on a day which is a non-working day for the competent authority, or on a day which is a working day for the latter but after the times specified above, shall be regarded as having been lodged on the following working day.
3. Applications for certificates which are sent by telegram in accordance with paragraph 1 (c) and arrive after 5.30 p.m. shall be rejected if the applicant does not specify, unequivocally and in a manner which precludes dispute, his intention to request, should the application arrive late, the amount of the subsidy valid on the first working day following that on which it is received. Such specification is given by using the words "without reservation". Applications sent by telegram recorded at the transmitting telegraph office after 4 p.m. shall be regarded as having been lodged on the following working day ; even if they arrive on another day, the rules laid down above relating to the day of application by telegram shall apply.
4. The time limits specified in this Regulation shall be Belgian time.
Article 9
Where the application for a certificate and the guarantee of the security for the AP part of the certificate are sent by telegram and the telegram, though recorded not later than 4 p.m., has not reached the competent body before 5.30 p.m. for reasons of force majeure, that body may decide that the telegram be regarded as having arrived within the prescribed time limit.
If an authority recognizes a case of force majeure, the Member State under whose jurisdiction it comes shall immediately advise the Commission which shall inform the other Member States thereof.
Article 10
1. Except in cases of force majeure tile ID part of the certificate shall make it obligatory to process the identified quantity within a period of 150 days from the date of issue.
The obligation shall be considered to be fulfilled where the processed quantity, determined in accordance with the method defined in Annex I, is not more than 2 % less than the quantity identified. The quantity processed may also be determined from the quantities of oil and oilcake obtained.
Where the quantity processed is not less than 90 % but less than 98 % of the identified quantity, the obligation shall be considered fulfilled in proportion to the quantities processed.
Where the quantity processed is less than 90 % of the identified quantity and except in cases of force majeure, the obligation shall be considered not to be fulfilled.
When the Member State finds a discrepancy between the quantity identified and the quantity processed and this cannot be attributed to a particular ID certificate it shall consider that the missing quantity is spread proportionally among all the ID certificates issued in the period during which the situation arose.
Where, as a result of force majeure, the quantity identified is only partially processed during that period, the obligation shall be considered to be fulfilled in proportion to the quantities processed.
2. The AP part of the certificate makes it obligatory to place the seeds specified therein under the control referred to in Article 2 of Regulation (EEC) No 1594/83, during the period of validity of the certificate, and to apply for the ID part of the certificate in respect of those seeds for that same period of validity.
That quantity shall refer to a product with moisture and impurity contents corresponding to the standard quality.
3. Where the quantity in the ID part of the certificate, determined in accordance with the method defined in Annex I, exceeds by no more than 7 % the quantity shown in the AP part of the certificate, it shall be regarded as identified for the purpose of that document.
4. Where the quantity in the ID part of the certificate determined in accordance with the method defined in Annex I is not more than 7 % less than the quantity shown in the AP part of the certificate, the obligation to request identification shall be considered fulfilled
5. Where the quantity in the ID part of the certificate exceeds the quantity specified in the AP part of the certificate by more than 7 %, that excess quantity shall qualify for the subsidy valid on the day of its identification.
Article 11
1. The AP part of the certificate shall be valid as from the date referred to in Article 12 until: - with regard to colza and rape seed, the end of the fifth month following that during which the application was lodged ; however, when forward offers and prices on the world market permit it, and the conditions of sale of Community seeds cause it to be necessary, the Commission shall extend the period of validity of the AP part, at most until the end of the seventh month following that during which the application was lodged,
- with regard to sunflower seeds, the end of the fourth month following that during which the application was lodged ; however, when forward offers and prices on the world market permit it, and the conditions of sale of Community seeds make it necessary, the Commission shall extend the period of validity of the AP part, at most until the end of the fifth month following that during which the application was lodged.
2. However, if the period of validity of the AP part of the certificate extends beyond the marketing year during which the certificate has been issued, that period of validity may at the request of the applicant, to be made when applying for the AP part of the certificate, be limited to the end of the marketing year.
Article 12
The certificate shall be regarded as issued: - with regard to the AP part, on the afternoon of the first working day following that on which the application is lodged,
- with regard to the ID part, on the day on which the application is lodged.
Article 13
The rights and obligations deriving from the certificates shall not be transferable. However, the rights deriving from the AP part of the certificate and from the extract therefrom may be transferred by the titular holder of the certificate during the validity of the latter. This transfer, which may be effected in favour of one transferee only per certificate and per extract, shall relate to quantities not yet the subject of entries on the certificate or extract.
The transfer shall take effect as from the entry on the certificate or, where appropriate, the extract, by the authority issuing the certificate, of the name and address of the transferee and the date of that entry, certified by the signature of the transferor and the affixing of the stamp of the authority.
That entry shall be made at the request of the titular holder. The transferee may not transfer his right nor transfer it back to the titular holder.
Article 14
When amounts resulting from the conversion into national currency of sums expressed in ECU to be entered on the certificate forms comprise three decimal places or more, only the first two decimal places shall be shown. In that case, the second decimal value shall be rounded up to the next figure when the third decimal value is five or more and retained when the third decimal value is less than five.
Article 15
1. If the subsidy is fixed in advance, one or more extracts from the AP part of the certificate may be issued by the competent authorities of the Member States at the request of the titular holder and on presentation of copy No 1 of the AP part of the certificate.
At least two copies of the extracts shall be made out, the first of which, called "copy for the titular holder" and bearing the number 1, shall be given to the applicant and the second, called "copy for the issuing authority" and bearing the number 2, shall be kept by the issuing authority.
The authority issuing the extract shall enter on the No 1 copy of the AP part of the certificate the quantity in respect of which the extract was issued, plus the tolerance.
In that case, the word "Extract" shall be placed beside the quantity entered on the No 1 copy of the AP part of the certificate.
2. Extracts of certificates shall have the same effect as the certificates from which they are taken, within the limit of the quantity in respect of which they were issued. However, no further extract may be issued from an extract from a certificate.
3. When the No 1 copies of extracts have been used up or are out-of-date, the issuing authority shall correct the entries on the No 1 copy of the AP part of the certificate by reference to the entries made on the extracts when the seeds are identified.
To that end, the titular holder shall return the copies to the authority issuing the certificate together with the No 1 copy of the AP part of the certificate from which they are taken.
4. If the quantity identified exceeds by more than 7 % the quantity specified in the extract, the provisions of Article 10 (5) shall apply to the surplus quantity.
Article 16
1. The information shown on certificates and extracts from certificates may not be amended after they have been issued.
2. In case of doubt as to the accuracy of the information shown on a certificate or extract, the certificate or extract shall be returned to the body issuing the certificate by the person concerned or by the competent department of the Member State concerned.
If the body issuing the certificate considers that the conditions for a correction are met it shall withdraw either the extract or the certificate and extracts previously issued and shall issue, without delay, either a corrected extract or a corrected certificate and corresponding corrected extracts. The previous entries shall be reproduced, where appropriate, on those new documents, which shall comprise the words "certificate corrected on ..." or "extract corrected on ..." on each copy.
If the issuing body does not consider that it is necessary to correct the certificate or extract, it shall put thereon the words "verified on ..." and its stamp.
3. The titular holder shall be obliged to return the certificate and extracts to the authority issuing the certificate at the request of that authority.
Where the competent national departments return or retain the disputed document in accordance with the provisions of this Article, these departments shall give an acknowledgement of receipt to the person concerned on request.
Article 17
Where the space set aside for entries on the certificates or extracts therefrom proves insufficient, the authority making the entry may affix one or more extension pages comprising the spaces for entries on the back of copy No 1 of the certificates or extracts therefrom. The authority making the entry shall affix its stamp so that half of it is on the certificates or extracts therefrom and half of it on the extension page and, where several extension pages are used, so that half of it is on the extension page already attached and half of it on the next extension.
Article 18
1. Without prejudice to the second subparagraph of Article 7 (1) applications for certificates, certificates and extracts therefrom shall be made out on forms corresponding to the annexed specimens shown in Annexes II, III, IV and V respectively to this Regulation ; these forms should be completed in accordance with the instructions shown therein and with the provisions of this Regulation.
2. Application forms for certificates shall comprise one sheet only.
3. The certificate and extract forms shall be in multi-part sets in the following order : copy No 1, entitled "copy for the titular holder", copy No 2, entitled "copy for the issuing authority", followed by any additional copies of these documents.
4. The forms, including the extension pages, shall be printed on white paper without mechanically made pulp, sized for writing and weighing between 40 and 65 grams per square metre. Their format shall be 210 × 297 mm, the spacing between the typed lines shall be 4,24 mm (one-sixth of an inch) ; the layout of the forms shall be strictly observed. Both sides of No 1 copies of AP certificates and extracts therefrom, the front of No 1 copies of ID certificates and the sides of extension pages on which the entries must be made shall also bear a chequered background making apparent any mechanical or chemical forgeries. Such background printing shall be green for the AP parts and extracts therefrom and brown for the ID parts.
5. The Member States shall be responsible for having these forms printed.
Every form shall bear the name and address of the printer or a sign making it possible to identify him and, except for extension pages and applications for certificates, a serial number to identify the form
The number shall be preceded by the following letter or letters according to the document's country of issue : B for Belgium, D for Germany, DK for Denmark, E for Greece, F for France, I for Italy, IR for Ireland, L for Luxembourg, NL for the Netherlands and UK for the United Kingdom.
6. The forms shall be completed by typewriter or, failing that, by hand in block letters. They shall be printed and completed in one of the official languages of the Community specified by the competent authorities of the Member State to which the application for a certificate is submitted.
7. The impress of the stamps of the issuing authorities and of the authorities making entries shall be affixed by means of a stamp, preferably a steel stamp.
8. If necessary the competent authorities of the Member States concerned may demand a translation of the certificates and the extracts therefrom into their, or one of their, official languages.
9. If a certificate or the extracts therefrom are lost, the issuing body may, as an exceptional measure, issue to the party concerned a duplicate of those documents, made out and endorsed in the same way as the original documents and which shall clearly show the word "duplicate" on each copy. If a duplicate of the AP part of the certificate is issued, the issuing body shall immediately inform the issuing bodies of the other Member States of the issue of such duplicate.
Article 19
In case of doubt as to the authenticity of the certificate or extract, or of the contents thereof or endorsements shown thereon, the competent national department shall return the disputed document or a photocopy of that document to the authorities concerned for checking. The same may be done for the purpose of a random check, in which case only a photocopy of the document shall be returned.
Where the competent national department return the disputed document in accordance with the previous paragraph, that department shall, at the request of the person concerned, issue an acknowledgement of receipt.
Article 20
1. To the extent necessary for the proper application of this Regulation, the competent authorities of the Member States shall communicate to one another information relating to certificates and extracts and to irregularities and infringements concerning them.
2. The Member States shall communicate to the Commission, every quarter, a statement listing the number and nature of the irregularities and infringements of which they have had knowledge during the previous quarter.
3. Properly issued certificates and extracts, the contents thereof and endorsements made thereon by the authorities of a Member State shall, in each of the other Member States, have the same legal effects as those which attach to the documents issued and to the contents thereof and endorsements made thereon by the authorities of these Member States.
4. The Member States shall communicate to the Commission the list and addresses of the authorities issuing certificates and the extracts and disbursing subsidies. The Commission shall publish these data in the Official Journal of the European Communities.
The Member States shall also communicate to the Commission the impresses of the official stamps and, where appropriate, the embossed stamps of the authorities called upon to act. The Commission shall immediately inform the other Member States.
Article 21
1. The amount of the security referred to in Article 5 of Regulation (EEC) No 1594/83 shall be 6 ECU per 100 kilograms.
2. The security shall be lodged, at the applicant's choice, in cash or in the form of a guarantee given by an establishment meeting the criteria fixed by the Member State from which the certificate is applied for.
The Member States shall communicate the categories of establishment entitled to give such a guarantee and the criteria referred to in the previous subparagraph to the Commission, which shall inform the other Member States thereof.
Article 22
The release of the security referred to in Article 5 of Regulation (EEC) No 1594/83 shall be subject to proof that the obligations referred to in Article 10 (2) have been fulfilled. That proof shall be given by producing copy No 1 of the AP part of the certificate bearing an entry and endorsement made in accordance with Article 7 (3). Release of the security shall take place immediately following production of the proof referred to above.
Article 23
1. However, on presentation of the ID part or parts of the certificate, up to 85 % of the amount of the security may be released when the net weight of the product as it stands in respect of which the ID part or parts of the certificate have been delivered is at least the same as the quantity entered in section 3 of the AP part of the certificate.
2. Subject to the provisions of Article 24, if the obligations referred to in Article 10 (2) are not fulfilled the security shall be forfeited in respect of a quantity equal to the difference between: (a) 93 % of the net quantity shown on the certificate, and
(b) the quantity identified at the undertaking, determined in accordance with the method defined in Annex I.
However, if the quantity identified amounts to less than 7 % of the net quantity shown in the certificate, the whole security shall be forfeited. Furthermore, if the total amount of the security which should be forfeited is less than 5 ECU in respect of a certificate, the Member State may release the full security.
3. At the request of the titular holder of the AP part of the certificate, the Member States may release the security in parts in proportion to the quantities of products in respect of which the proof referred to in Article 22 has been given.
Article 24
1. If it is not possible to fulfil the obligations laid down in Article 10 (2) during the validity of the certificate for reasons of force majeure, the competent authority of the Member State issuing the certificate shall decide, at the request of the titular holder, either that these obligations shall be cancelled, the security being released, or that the validity of the certificate shall be extended for the period of time considered necessary in the circumstances. The extension may be given after the validity of the document has expired. The decision to cancel or extend shall be limited to the quantity of the product in respect of which the abovementioned obligations could not be fulfilled owing to reasons of force majeure. Any extension of the certificate shall be the subject of an endorsement thereon by the issuing authority ; the certificate shall be adopted accordingly.
2. If the competent authority recognizes a case of force majeure, the Member State under whose jurisdiction it comes shall immediately advise the Commission, which shall inform the other Member States thereof.
3. The titular holder of the certificate shall furnish proof of the circumstance considered to constitute a case of force majeure.
Article 25
1. The subsidy shall be granted only for seeds of sound, fair and merchantable quality and, as far as sunflower seeds are concerned, for seeds with less than 1 % white and striped seed.
2. The subsidy shall be paid on presentation of the ID part of the certificate and after certification by the authority responsible for control that the seed identified in the certificate has been processed within the period mentioned in Article 10 (1).
3. The subsidy shall be paid within 120 days of the certification referred to in paragraph 2.
CHAPTER II
Article 26
1. In accordance with Article 9 of Regulation (EEC) No 1594/83, a system of customs control or of administrative control offering equivalent guarantees shall be applied at the time of import to all seeds or mixtures of seeds referred to in that Article except for: - seeds and mixtures of seeds recognized as seeds for sowing under the legislation of the importing Member State,
- colza and rape seed and mixtures containing such seed that have been denatured as indicated in Commission Regulation (EEC) No 190/68 (1),
- white and striped sunflower seeds in containers with a maximum content of 100 kilograms. Such seeds may contain up to 10 % of black sunflower seeds,
- husked sunflower seed in containers with a maximum content of 25 kilograms.
Securities shall be lodged for seeds brought under control.
2. In the case of intra-Community trade in imported seeds or mixtures, proof that these seeds or mixtures, subject to the control system referred to in 1, have been placed under the system of control at the undertaking provided for in Article 2 of Regulation (EEC) No 1594/83 or have been rendered ineligible for the subsidy may be given only by the production of the control copy referred to in Article 10 of Regulation (EEC) No 223/77, section 31 of which contains, in addition to the description of the goods, one of the following entries: PIC FILE= "T
The following sections of the control copy shall be completed: (a) section 103;
(b) section 104, by deleting what does not apply and by inserting one of the following:
"Intended to be placed under the control system provided for in Article 2 of Regulation (EEC) No 1594/83 or to be rendered ineligible for the subsidy",
"Bestemt til at undergives den kontrolordning der nævnt i artikel 2 i forordning (EØF) nr. 1594/83, eller til at bringes i en sådan tilstand, at de ikke kan få stotte", (1) OJ No L 43, 17.2.1968, p. 10.
"Dazu bestimmt, der Kontrolle nach Artikel 2 der Verordnung (EWG) Nr. 1594/83 unterworfen oder in den Zustand versetzt zu werden, daß die Beihilfe nicht mehr beansprucht werden kann",
PIC FILE= "T
"Destiné à être placé sous le régime de contrôle prévu à l'article 2 du règlement (CEE) n° 1594/83 ou à être mis en condition de ne pas pouvoir bénéficier de l'aide",
"Destinato ad essere sottoposto al regime di controllo di cui all'articolo 2 del regolamento (CEE) n. 1594/83 o ad essere messo in condizione di non poter beneficiare dell'integrazione",
"Bestemd om onder het in artikel 2 van Verordening (EEG) nr. 1594/83 bedoelde controlestelsel te worden gesteld of om in een zodanige staat te worden gebracht dat zij niet meer voor de steun in aanmerking kunnen komen".
The net weight of the product inspected, its moisture and impurities content and its weight adjusted in accordance with the method defined in Annex I shall be inserted in the "control of use and/or destination" section on the back of the control copy under "remarks".
Article 27
1. The security referred to in Article 9 (2) of Regulation (EEC) No 1594/83 per 100 kilograms net weight shall be: - 15 ECU in respect of colza and rape seed,
- 20 ECU in respect of sunflower seed.
However, the Commission may, where necessary, derogate from the amount referred to in the preceding subparagraph for a period not exceeding 30 days.
2. The security shall be lodged, at the applicant's choice, in cash or in the form of a guarantee given by an establishment meeting the criteria fixed by the Member State in which the customs formalities take place.
Member States shall communicate the categories of establishment entitled to give such a guarantee and the criteria referred to in the preceding subparagraph to the Commission, which shall inform the other Member States thereof.
Article 28
1. The total amount of the security shall be released if, within nine months of its deposit, proof is furnished that the products concerned have been placed under the control referred to in Article 2 of Regulation (EEC) No 1594/83 or have been rendered ineligible for subsidy.
At the request of the party concerned, to be made before the expiry of the period referred to in the foregoing subparagraph, this period shall be increased to 15 months with regard to sunflower seeds and mixtures containing such seeds, to be used in their natural state for feed.
2. If the time limits mentioned in paragraph 1 are not met, the security shall be forfeit.
However, if the proof referred to in paragraph 1 is presented not later than nine months after the expiry of the period mentioned in that paragraph, the security shall be reimbursed less 10 % thereof for each month or part of a month by which presentation of the said proof is late.
3. If, within the period referred to in paragraph 1, the proof referred to in the same paragraph is furnished for a quantity of seeds or mixtures more than 2 % less than the quantity to which the security relates, the amount of the security retained shall be calculated on the basis of the difference between the quantity to which the security relates reduced by 2 % and the quantity in respect of which the above proof is furnished.
4. The total amount of the security shall be forfeit on products which are placed under the control referred to in Article 2 of Regulation (EEC) No 1594/83 or rendered ineligible for subsidy within the periods referred to in paragraph 1, and which show signs of denaturing. However, the security shall be reimbursed if proof is furnished that the products in question showed the same signs of denaturing at the time of import.
5. For the purposes of this Article, the weight adjusted in accordance with the method defined in Annex I, ascertained at the time of import, shall be compared with: - the adjusted weight ascertained at the time of arrival at the undertaking, or
- the adjusted weight ascertained at the time of being rendered ineligible for subsidy, or
- in the case of intra-Community trade in the imported product, the adjusted weight stated on the control copy in accordance with the last subparagraph of Article 26 (2).
Article 29
Where, for reasons of force majeure, imported seeds and mixtures cannot be rendered ineligible for subsidy or placed under control during the period referred to in Article 28: (a) to the extent that the seeds and mixtures have become unfit for oil production or incorporation into feedingstuffs, the Member State in which the security was lodged shall decide that the obligation to submit the goods to the control or to render them ineligible for subsidy shall be cancelled and that the security shall not be forfeited;
(b) if this is not the case, the Member State shall excend that period for as long as it considers necessary in view of the circumstance invoked.
If the competent authority recognizes a case of force majeure, the Member State under whose jurisdiction it comes shall advise the Commission, which shall inform the other Member States thereof.
Article 30
Seeds or mixtures which are: - processed into products falling within heading No 12.02 or 23.07 of the Common Customs Tariff,
- recognized by the legislation of each of the Member States as seeds for sowing,
- exported to third countries,
- subject to the denaturing process referred to in Regulation (EEC) No 190/68, as regards colza and rape seed and mixtures containing those products,
- intended for use in the unaltered state for human or animal food, where proof has been furnished to the satisfaction of the Member State concerned,
shall be considered to have been rendered ineligible for the subsidy within the meaning of Article 9 of Regulation (EEC) No 1594/83.
Article 31
1. The determination of the weight and the sampling of seeds harvested in the Community shall be carried out in particular on entry into the undertaking in which the seeds will be processed.
2. The determination of the weight and the sampling of imported seeds shall be carried out in particular: - at the time of importation,
- on entry into the undertaking in which the seeds will be processed,
- when they are rendered ineligible for subsidy, as regards quantities intended for uses other than oil production,
- at the time of exportation.
3. The weight of the seeds referred to in the preceding paragraphs shall be expressed in kilograms and adjusted in accordance with the method defined in Annex I.
Article 32
The drawing of samples, the reduction of samples to samples for analysis and the determination of the oil, impurity and moisture content shall be carried out by the uniform Community methods set out in Annexes I to V to Commission Regulation (EEC) No 1470/68 (1).
CHAPTER III
Article 33
1. The subsidy shall be fixed whenever the market situation makes it necessary and in such a way as to ensure its being applied at least once a week.
2. The Commission shall communicate to the Member States the amounts of subsidy to be granted per 100 kilograms of seed, as soon as they are fixed. (1) OJ No L 239, 28.9.1968, p. 2.
Article 34
The amount of the subsidy shall be that valid on the day on which the application for the ID part of the certificate is lodged.
However, if this day immediately precedes a period of one or more non-working days which include the first day of a month, the amount of subsidy in respect of the oil seeds for processing during the non-working day or days on or after the first of the month shall be that valid on the day the seeds are processed, provided that the party concerned has requested this when the application for the ID part of the certificate was lodged.
Article 35
The amount of subsidy to be granted if advance fixing takes place shall be equal to the amount applicable on the day on which application for the AP part of the certificate is lodged and shall be increased or reduced: - depending on whether the target price valid during the month in which application is made for the ID part is higher or lower than that valid on the day on which application for the AP part is lodged, by the difference between these two target prices,
- by the corrective amount referred to in Article 7 of Regulation (EEC) No 1594/83.
However, if the period of validity of the certificate is extended pursuant to Article 24 (1) the amount of subsidy fixed in advance to be granted shall be that determined in respect of the last month of the period referred to in Article 11.
Article 36
1. The amount of the subsidy referred to in Article 10 of Regulation (EEC) No 1594/83 shall be advanced to any interested party who applies for it, on application for the ID part of the certificate accompanied by a security for an amount equal to the amount of subsidy to be advanced.
2. The security shall be lodged in the form of a guarantee by an establishment meeting the criteria laid down by the Member State to which the application for the subsidy is made.
3. The security shall be released when the competent authority of the Member State in question has recognized entitlement to the subsidy for the quantities indicated in the application. If entitlement to the subsidy is not recognized for all or part of the quantities indicated in the application, the security shall be forfeited proportionately to the quantities for which the conditions giving entitlement to the subsidy were not fulfilled.
4. The weight used for calculating the advance on the subsidy to be granted in accordance with the provisions of paragraph 1 shall be the net weight recorded for the seed in the state in which and at the time when it enters the undertaking where it is to be processed.
Article 37
1. Subject to the provisions of Article 38, the corrective amount referred to in Article 7 of Regulation (EEC) No 1594/83 shall be determined for each month in accordance with the following provisions.
2. The corrective amount shall be equal to the difference between: (a) the price of colza, rape or sunflower seeds, determined in accordance with Articles 1, 4 and 5 of Council Regulation No 115/67/EEC (1) ; and
(b) the forward price for those seeds, determined by applying the criteria laid down to in Articles 1, 4 and 5 of Regulation No 115/67/EEC and valid for a shipment effected during the month in which the seeds are identified at the undertaking.
If, for one of the months following that in which the request for advance fixing is lodged, no offer and no price for a type of seed can be used for the purpose of determining the forward price referred to under (b), the price calculated for the previous month shall be used to determine the abovementioned difference.
3. If no offer and no price for a type of seed can be used for the purpose of determining: (a) the price referred to in paragraph 2 (a), the price to be taken into consideration shall be that determined in accordance with Articles 2, 3 and 6 of Regulation No 115/67/EEC;
(b) for at least two consecutive months, the forward price referred to in paragraph 2 (b), the price to be taken into consideration for each of those months (1) OJ No 111, 10.6.1967, p. 2196/67. shall be the one determined by applying the criteria laid down in Articles 2 and 3 of Regulation No 115/67/EEC and valid for a shipment effected during those months.
4. If, in pursuance of paragraph 3 (b), the forward price for the seeds is determined according to the criteria laid down in Article 3 of Regulation No 115/67/EEC, in the absence of world prices for competing products in respect of one or more months following that in which the application for advance fixing is lodged, the world prices of the competing products for the previous month shall be used.
Article 38
If: - the difference between the price of 100 kilograms of colza, rape or sunflower seeds, plus processing costs, and the sum total of the prices for the quantities of oil and oilcake obtained from processing the type of seed in question, and
- the difference between the price of 100 kilograms of the main competing seeds, plus processing costs and the sum total of the prices for the quantities of oilcake obtained from processing them
evolve in a different way, and if such a situation is likely to have a considerable effect on the disposal of seeds harvested in the Community, the difference determined in accordance with Article 37 may be adjusted by an amount at most equal to the gap between the differences.
This gap shall be corrected, where appropriate, by the amount of the adjustment of the world market price fixed in accordance with Article 6 of Regulation No 115/67/EEC.
Article 39
The Member States shall assist each other in the application of the provisions of this Regulation.
Article 40
Regulation (EEC) No 1204/72 is hereby repealed.
Article 41
This Regulation shall enter into force on 1 October 1983.
Certificates issued in response to applications made before the date referred to in the previous paragraph shall remain subject to the provisions applicable before that date.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 September 1983.