1995R0603 — EN — 01.04.1995 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No603/95
of21February1995
onthecommonorganizationofthemarketindriedfodder
(OJ L 63, 21.3.1995, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 684/95 of 27 March 1995 L 71 3 31.3.1995
►M2Council Regulation (EC) No 1347/95 of 9 June 1995 L 131 1 15.6.1995
▼B
COUNCILREGULATION(EC)No603/95
of21February1995
onthecommonorganizationofthemarketindriedfodder
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 42 and 43 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
WhereasRegulation (EEC) No 1117/78(3) set up a common organiza-
tion of the market in dried fodder; whereasRegulation (EEC) No 1417/78(
4) set out the aid system for dried fodder;
Whereas a simple flat rate aid payment should be made for dried
fodder; whereasthe rate for fodder which isartificially heat-dried
should be higher than that for sun-dried fodder in order to take into
account the additional costs involved;
Whereasin order to limit Community dried fodder production, the
amount for which aid may be granted should be subject to maximumlimits;
Whereastwo different maximum guaranteed quantities(MGQ) s hould
be fixed, one for artificially heat-dried fodder and another for sun-dried;
Whereas these MGQs should be distributed between Member States on
an equitable basis taking into account, in particular, the average of theirproduction for which aid wasreceived under Article 5 (2) of Regula-
tion (EEC) No 1117/78 in the marketing years1992/93 and 1993/94
according to the data available to the Commission in July 1994;
Whereas in order to ensure that the MGQs are respected and in order to
discourage excess production throughout the Community, in the eventof an overshoot, the aid for dried fodder should be reduced; whereasthat reduction should equally be applied in all Member States for the
first 5 % by which the MGQ is exceeded; whereas in the event of a
larger excess, those Member States which have exceeded their nationalguaranteed quantities should subject to an additional reduction;
Whereasthe final amount of the aid cannot be paid until it hasbeen
calculated whether the MGQ hasbeen exceeded; whereasit istherefore
necessary that advance payments of the aid be made after the dried
fodder has left the processing undertaking;
Whereas the European Parliament has called for a more substantial
advance than the 50 % provided for in the Commission proposal;whereas the Commission has endorsed that view; whereas, as a conse-quence, the amountsappearing in Article 6 have become provis ional;
whereas, in order to meet this request, the Council will forthwith
examine the question of the amount of the advances on the basis ofthe Commission proposal, so that a regulation settling the issue defini-tively can be adopted as soon as possible;
Whereasthe marketing year for dried fodder for which aid ispaid
should be from 1 April each year to 31 March of the following year
asproduction in s outhern Member Statescommencesalready in April;
Whereascriteria relative to the minimum quality of dried fodder
entitled to aid should be determined;1995R0603 — EN — 01.04.1995 — 001.001 — 2
(1) OJ No C 365, 21. 12. 1994, p. 8.
(2) OJ No C 56, 6. 3. 1995.
(3) OJ No L 142, 30. 5. 1978, p. 2. Regulation aslas t amended by Regulation
(EC) No 3496/93 (OJ No L 319, 21. 12. 1993, p. 17).
(4) OJ No L 171, 28. 6. 1978, p. 1. Regulation aslas t amended by Regulation
(EEC) No 1110/89 (OJ No L 118, 29. 4. 1989, p. 1).
▼B
Whereas, in order to encourage a regular supply of green fodder to
processors and to enable producers to benefit from the aid scheme,the granting of aid should in certain cases be conditional on the conclu-
sion of contracts between producers and processing undertakings;
Whereasthe contractss hould, on the one hand, promote regular
supplies for the processing undertakings and, on the other, permit theproducers to benefit from the aid; whereas, to this end, it should belaid down that the contractsinclude certain information;
Whereas processing undertakings should fulfil certain conditions neces-
sary for entitlement to aid; whereas these undertakings should thereforekeep stock accounts, including the details necessary for verification of
entitlement to aid and should furnish any other necessary proof;
Whereas, where there are no contracts between the producers and the
processing undertakings, other information should be furnished by the
latter for the purpose of verification of entitlement to aid;
Whereas, in the case of special-order contracts concerning the proces-
sing of fodder delivered by the producer, provision should be made toenable the aid to be passed back to the producer;
Whereas, in order to facilitate implementation of the measures envi-
saged, a procedure should be provided for which establishes closecooperation between Member States and the Commission within a
Management Committee;
Whereas, under the Uruguay Round of multilateral trade negotiations,
the Community hasnegotiated variousagreements(hereinafter referred
to as the ‘GATT agreements’); whereas several of those agreementsconcern agriculture, in particular the Agreement on Agriculture (herein-after referred to as‘the Agreement’);
Whereas, since the Agreement on Safeguards lays down clear rules on
the application of protective clauses as incorporated in the market orga-nizations, the safeguard clause applicable to dried fodder should be
supplemented by a reference to the obligations flowing from interna-
tional agreements;
Whereas it is necessary to ensure that the entry into force of the new
ruleson trade with third countriescoincideswith the date on which theobligationsfor the Community res ulting from the Multilateral TradeNegotiationsof the Uruguay Round take effect;
WhereasRegulations(EEC) No 1117/78 and (EEC) No 1417/78 s hould
be repealed, with the exception for the former of certain articleswhich
shall remain in force until the date of application of the legislation
enforcing the results of the negotiations of the Uruguay Round,
HAS ADOPTED THIS REGULATION:
Article 1
There shall be a common organization of the market in dried fodder
covering the following products:
CN code Description
a) ex 1214 10 00 — Floursand pelletsof lucerne artificially heat-dried
— Flour and pelletsof lucerne otherwis e dried and ground
ex 1214 90 91 and
ex 1214 90 99— Lucerne, sainfoin, clover, lupins vetches and similar fodder products,
artificially heat-dried, except hay and fodder kale and products
containing hay
— Lucerne, sainfoin, clover, lupins, vetches, honey lotus, chickling pea
and birdsfoot, otherwise dried and ground1995R0603 — EN — 01.04.1995 — 001.001 — 3
▼B
CN code Description
b) ex 2309 90 98 — Protein concentratesobtained from lucerne juice and from gras sjuice
— Dehydrated products obtained exclusively from solid residue and juice
resulting from the preparation of the concentrates referred to in the first
indent
Article 2
The marketing year for the productsreferred to in Article 1 s hall begin
on 1 April of each year and end on 31 March of the following year.
TITLE I
AidSystem
Article 3
1. Aid shall be granted for the products listed in Article 1.2. Without prejudice to Article 5 the aid for the productslis ted in
the first and third indents of Article 1 (a) and in Article 1 (b) shall be68,83 ECU/tonne.
3. Without prejudice to Article 5 the aid for the productslis ted in
the second and fourth indents of Article 1 (a) shall be 38,64 ECU/tonne.
Article 4
1. A Maximum Guaranteed Quantity (MGQ) per marketing year of
4 412 400 tonnesof dehydrated fodder for which the aid referred to inArticle 3 (2) may be granted is hereby established.
2. The MGQ referred to in paragraph 1 isdivided asfollows
between the Member States:
NationalGuaranteedQuantity(NGQ)
(tonnes)
BLEU 8 000
Denmark 334 000Germany 421 000Greece 32 000Spain 1 224 000France 1 455 000Ireland 5 000Italy 523 000Netherlands285 000Austria 4 400Portugal 5 000Finland 3 000Sweden 11 000United Kingdom 102 000
3. A Maximum Guaranteed Quantity (MGQ) per marketing year of
443 500 tonnesof s un-dried fodder for which the aid referred to inArticle 3 (3) may be granted is hereby established.1995R0603 — EN — 01.04.1995 — 001.001 — 4
▼M2
▼M2
4. The MGQ referred to in paragraph 3 shall be divided as follows
between the Member States:
NationalGuaranteedQuantity(NGQ)
(tonnes)
BLEU -
Denmark -Germany -Greece 5 500Spain 101 000France 150 000Ireland -Italiy 162 000Netherlands-Austria -Portugal 25 000Finland -Sweden -United Kingdom -
Article 5
Where the amount of dried fodder for which aid isclaimed under
Article 3 (2) or 3 (3) in any marketing year exceedsthe MGQ referred
to in Article 4 (1) or 4 (3) respectively, the aid to be paid in that yearshall be calculated as follows:
— for the first 5 % by which the MGQ is exceeded, the aid shall be
reduced in all Member Statesby an amount which isproportionateto that excess,
— for any excess beyond 5 % additional reductions shall be made in
any Member State in which production exceedsthe NGQ increas edby 5 % proportionate to this excess.
The reduction to be applied shall be set by the Commission in accor-
dance with the procedure laid down in Article 17 and shall be such as
to ensure that expenditure expressed in agricultural ecu does not exceedthat what would have been attained if the relevant MGQ had not beenexceeded.
Article 6
1. Undertakings processing dried fodder which apply for aid under
thisRegulation s hall be entitled to an advance payment of:
— ECU 41,30 per tonne in the case of dried fodder for which the aid
in Article 3 (2) isclaimed, or ECU 55,06 per tonne if they have
lodged a security of ECU 13,76 per tonne, and
— ECU 23,18 per tonne in the case of dried fodder for which the aid
in Article 3 (3) isclaimed, or ECU 30,91 per tonne if they have
lodged a security of ECU 7,73 per tonne.
Member States shall carry out the necessary checks to ensure that enti-
tlement to the advance isjus tified. Once entitlement to the payment isestablished, payment of the advance shall be made.
However, the advance may be paid before entitlement hasbeen es tab-
lished where a security equal to the amount of the advance, plus 10 %,has been lodged by the processing undertaking. Such security shall1995R0603 — EN — 01.04.1995 — 001.001 — 5
▼B
▼M1
▼M1
cover any other security that may have been lodged in accordance with
the first or second indent of the first subparagraph. That security shallbe reduced to the level provided for under the said first or second
indent as soon as entitlement to aid is established and shall be totally
released on the payment of the balance.
2. In order to qualify for an advance payment, the dried fodder in
question must have left the processing undertaking.
3. Where an advance hasbeen made, a balance s hall be paid equal
to the difference, if any, between the amount of the advance and thetotal amount of aid due to the undertaking processing dried fodder,taking into account Article 5.
4. Where an advance hasbeen made which exceedsthe total
payment to which the undertaking processing dried fodder is entitled,taking into account Article 5, the undertaking shall repay to the compe-
tent authority of the Member State, on demand, such part of the
advance ascons tituted an overpayment.
Article 7
Member States shall communicate to the Commission, at the latest by
31 May of each year the quantitiesof dried fodder eligible for aidunder Article 3 (2) and Article 3 (3) in the preceding marketing year.
Article 8
The aid provided for in Article 3 shall be granted, on application from
the party concerned, in respect of dried fodder having left processingundertakingsand meeting the following conditions :
(a) the maximum moisture content must fall between 11 and 14 % and
may vary with the form of presentation of the product;
(b) the minimum crude protein content in dry matter must not be less
than:
— 15 % in the case of the products listed in Article 1 (a) and the
second indent of Article 1 (b),
— 45 % in the case of the products listed in the first indent of
Article 1 (b);
(c) the dried fodder must be of sound, genuine and merchantable
quality.
Further conditions, in particular regarding fibre, carotene content, may
be stipulated in accordance with the procedure laid down in Article 17.
Article 9
The aid provided for in Article 3 shall be granted only to undertakings
processing the products listed in Article 1 which:
(a) keep stock records showing at least:
— the utilized quantitiesof green fodder and, where applicable,
sun-dried fodder; however, where the particular circumstancesof the undertaking so require, the quantities may be estimatedon the basis of areas sown,
— the quantitiesof dried fodder produced and the quantitiesand
quality of such fodder leaving the untertaking;
(b) provide any other supporting documents necessary for verifying
entitlement to the aid;
(c) fall into at least one of the following categories:
— untertakingswhich have concluded contractswith producersof
fodder for drying,
— untertakings which have processed their own crops or, in the
case of groups, those of their members,
— untertakingswhich have obtained their s uppliesfrom legal or
natural persons providing certain guarantees to determined,1995R0603 — EN — 01.04.1995 — 001.001 — 6
▼B
▼B
who have concluded contractswith producersof fodder for
drying; these legal or natural persons shall be buyers approvedby the competent authoritiesof the Member Statesin which the
fodder is harvested, under conditions laid down pursuant to the
procedure provided for in Article 17.
Article 10
Undertakings which process their own crops or, in the case of groups
those of their members shall submit annual declarations of the areas thefodder harvest of which is to be processed to the competent authoritiesof the Member Statesby a date to be determined.
Article 11
1. Contracts referred to in Article 9 (c) shall state not only the price
to be paid to the producersfor the fodder and, where applicable, forsun-dried fodder, but also at least:
— the area from which the crop is to be delivered to the processing
undertaking,
— the termsof s upply and payment.
2. Where contractsasreferred to in the firs t indent of Article 9 (c)
are special-order contracts for the processing of fodder supplied by the
producers, they shall specify at least the area whose crop is to be deliv-ered and include a clause laying down an obligation on processingundertakingsto pay the producersthe aid s pecified in Article 3 whichthey receive for the quantities processed under the contracts.
Article 12
1. Member States shall introduce a supervisory system to check, in
respect of each processing undertaking, that:
— the conditionslaid down in the preceding Articlesare met,
— the quantitiescovered by aid applicationscorres pond to the quanti-
tiesof dried fodder of the minimum quality which leave the
undertakings.
2. The dried fodder shall be weighed and samples taken when it
leaves the processing untertakings.
3. The Member States shall forward to the Commission the provi-
sions they plan to apply to implement paragraph 1 before suchprovisions are adopted.
TITLE II
Tradewiththirdcountries
Article 13
Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1.
Article 14
1. The general rulesfor the interpretation of the combined nomen-
clature and the special rules for its application shall apply to the tariff
classification of the products covered by this Regulation; the tariff
nomenclature resulting from the application of this Regulation shall beincorporated in the combined nomenclature.
2. Save as otherwise provided for in this Regulation or pursuant to a
provision thereof, the following shall be prohibited in trade with thirdcountries:
— the levying of any charge having equivalent effect to a customs
duty,
— the application of any quantitative restriction or measure having
equivalent effect.1995R0603 — EN — 01.04.1995 — 001.001 — 7
▼B
Article 15
1. If, by reason of an increase in imports or exports, the Community
market in one or more of the productslis ted in Article 1 isaffected by,or is threatened with, serious disturbance likely to jeopardize theachievement of the objectivess et out in Article 39 of the Treaty, theCommission may apply appropriate measures in trade with third coun-
tries until such disturbance or threat of disturbance has ceased.
The Council, acting on a proposal from the Commission, in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty,shall adopt the general rules for applying this paragraph and define
the cases and limits within which the Member States may take interim
protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request from a Member State or on its own initiative,
decide upon the necessary measures; the Member States shall be noti-
fied of such measures, which shall be immediately applicable. If theCommission receives a request from a Member State, it shall take adecision thereon within three working days following receipt of therequest.
3. Measures decided upon by the Commission may be referred to
the Council by any Member State within three working daysof theday on which they were notified. The Council shall meet withoutdelay. It may, acting by a qualified majority, amend or annul the
measure in question.
4. ThisArticle s hall be applied in compliance with the obligations
arising from agreements concluded in accordance with Article 228 (2)
of the Treaty.
TITLE III
General provisions
Article 16
Save asotherwis e provided in thisRegulation, Articles92, 93 and 94
of the Treaty shall apply to the production of and trade in the productsreferred to in Article 1.
Article 17
1. The Commission shall be assisted by a committee composed of
the representatives of the Member States and chaired by the representa-tive of the Commission.
2. Where the procedure laid down in thisArticle isto be followed,
the chairman shall refer the matter to the committee either on his owninitiative or at the request of the representative of a Member State.
3. The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee shalldeliver itsopinion on the draft within a time limit which the chairmanmay lay down according to the urgency of the matter. The opinionshall be delivered by the majority laid down in Article 148 (2) of theTreaty in the case of decisions which the Council is required to adopt
on a proposal from the Commission. The votes of the representatives of
the Member Stateswithin the commitee s hall be weighted in themanner set out in that Article. The chairman shall not vote.
4. The Commission shall adopt measures which shall apply immedi-
ately. However, if these measures are not in accordance with theopinion of the committee, they shall be communicated by the Commis-sion to the Council forthwith. In that event:
— the Commission may defer application of the measures which it has
decided for a period of not more than one month from the date ofsuch communication,
— the Council, acting by a qualified majority, may take a different
decision with the time limit referred to in the previous paragraph.1995R0603 — EN — 01.04.1995 — 001.001 — 8
▼B
5. The committee may consider any other matter raised by its
chairman either on his own initiative or at the request of the represen-tative of a Member State.
Article 18
In accordance with the procedure laid down in Article 17 the following
shall be adopted:
(a) detailed rulesfor the application of thisRegulation, in particular
those related to:
— the granting of the aid referred to in Article 3 and the advance
payment provided for in Article 6,
— the checking and establishment of entitlement to the aid,
including any necessary controls, all of which may make useof certain elements of the integrated system,
— the release of securities referred to in Article 6 (1),— the criteria for determining the minimum quality,
— the conditionsto be fulfilled by the undertakingsreferred to in
the second indent of Article 9 (c), as well as the conditions
referred to in Article 10,
— the control measure to be carried out referred to in Article 12
(2),
— the criteria to be fulfilled for the conclusion of contracts
referred to in Article 9 and the information which they must
contain, in addition to the criteria laid down in Article 11,
— the application of the maximum guaranteed quantity (MGQ);
(b) transitional measures if they prove necessary to facilitate the
change from the aid system defined to in Regulation (EEC)No 1117/78 to the system laid down in this Regulation.
Article 19
The Member States shall communicate to the Commission the
measures taken in order to implement this Regulation.
Article 20
1. Regulation (EEC) No 1117/78 ishereby repealed with the excep-
tion of Articles7 and 8 which s hall remain in force until 30 June 1995.
2. Regulation (EEC) No 1417/78 ishereby repealed.
3. Referencesto Regulationsrepealed purs uant to paragraphs1 and
2 are to be construed as being made to this Regulation.
Article 21
ThisRegulation s hall enter into force on the day of itspublication in
theOfficial JournaloftheEuropeanCommunities .
It shall apply from 1 April 1995 with the exception of Title II, which
shall apply as from 1 July 1995.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1995R0603 — EN — 01.04.1995 — 001.001 — 9
▼M1
▼B
▼M1
▼B