1994R1868 — EN — 01.07.1995 — 001.001 — 1
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►B COUNCIL REGULATION (EC)No 1868/94
of 27 July 1994
establishing a quota system in relation to the production of potato starch
(OJ L 197, 30.7.1994, p. 4)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 1863/95 of 17 July 1995 L 179 1 29.7.1995
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COUNCIL REGULATION (EC)No 1868/94
of 27 July 1994
establishing a quota system in relation to the production of potato
starch
THE COUNCIL OF THE EUROPEAN UNION,
Havingreg ard to the Treaty establishingthe European Community, andin particular Articles 42 and 43 thereof,
Havingreg ard to the proposal from the Commision (
1),
Havingreg ard to the opinion of the European Parliament(2),
Havingreg ard to the opinion of the Economic and Social Committee(3),
Whereas Council Regulation (EEC) No 1543/93 of 14 June 1993 fixing
the amount of the premium paid to producers of potato starch duringthe1993/94, 1994/95 and 1995/96 marketingyears(
4) provided for the
Council to decide what measures to take if the production of potatostarch within the Community exceeded 1,5 million tonnes in themarketingyear 1993/94 or 1994/95; whereas production in 1993/94exceeded such figure;
Whereas the potato starch sector is not subject to the restrictions on
production, and in particular to set-aside, applyingin the cereals sector;whereas all provisions in favour of the potato starch sector must never-theless be compatible with the control of production, which is as neces-sary in the potato starch sector as in other sectors;
Whereas the measure controllingproduction which fits best with the
mechanism of premiums for the production of potato starch is that ofthe introduction of a system of quotas;
Whereas any Member State where potato starch has been produced
should be allocated a quota based on the average armount of potatostarch produced in that Member State in the marketingyears 1990/91,1991/92 and 1992/93 for which premium was received, proportionatelyadjusted havingreg ard to a total Community quota of 1,5 milliontonnes;
Whereas quotas should be allocated to Denmark, Germany, Spain,
France and the Netherlands for use in the marketingyears 1995/96,1996/97 and 1997/98;
Whereas in the case of Germany, the change from the planned economy
existingin the new Länder before reunification to a market economywith the consequent change in agricultural production structures andnecessary investments justifies the use of a different reference year,namely 1992/93, and the increase of the amount produced in that yearby 90 000 tonnes, together with the creation of a reserve for Germany tocover production resultingfrom investments irreversibly undertakenbefore 31 January 1994, if this cannot be met within the limit of thequota allocates to Germany; whereas these ammounts cannot be accom-modated within a Community quota of 1,5 million tonnes; whereas it istherefore necessary to add them to this figure;
Whereas producer Member States should allocate their quota for a
period of three years between all undertakings producing potato starch,on the basis of the average starch produced by them during themarketingyears 1990/91, 1991/92 and 1992/93 and for which premiumwas received, or the amount of starch produced in 1992/93 only an thesame basis, at the choice of the Member State, and investments made by
(1) OJ No C 83, 19. 3. 1994, p. 5.
(2) OJ No C 128, 9. 5. 1994.
(3) OJ No C 148, 30. 5. 1994, p. 49.
(4) OJ No L 154, 25. 6. 1993, p. 4.
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those undertakings prior to 31 January 1994 in relation to the produc-
tion of potato starch;
Whereas in order to take account of possible restucturingof the market
in potato starch produktion the Commission shall at the end of thethree-year period and thereafter at three-yearly intervals make a reportto the Council on quota allocations accompanied, if necessary, byappropriate proposals; whereas at that time the case of new potato-starch producers will be examined;
Whereas specific structural constraints on the starch production sector
make it necessary to establish a premium for the production of potatostarch up to the level of an undertaking’s quota; whereas, in order toprotect potato producers, payment of the premium shall be dependentupon payment of the minimum price of the quantity of potatoes neededto produce starch up to the level of the quota;
Whereas undertakings producing potato starch shall not conclude culti-
vation contracts with potato producers in relation to a quantity ofpotatoes which would producestarch in excess of their quota; whereasany starch produced in excess of that quota shall be exported from theCommunity without benefitingfrom any export refund,
HAS ADOPTED THIS REGULATION:
Article 1
A system of quotas for the production of potato starch which may
benefit from Community aid is hereby introduced.
Article 2
1. The followingproducer Member States are hereby allocated
quotas for the production of potato starch within the followinglimits forthe marketingyears 1995/96, 1996/97 and 1997/98:
▼
M1
Denmark 178 460 tonnes
Germany 591 717 tonnesSpain 2 000 tonnesFrance 281 516 tonnesNetherlands 538 307 tonnesAustria 49 100 tonnesFinland 54 750 tonnesSweden
63 900 tonnes
1 759 750 tonnes
▼B
A reserve of a maximum of 110 000 tonnes shall be created to cover
production realized in Germany in the marketingyear 1996/97 providedthat such production results from investments irreversibly undertakenbefore 31 January 1994. Germany may only utilize such reserve afterexhaustion of any quota made available as a result of the cessation oftradingof undertaking s producingpotato starch. Use of the reserve byGermany shall be subject to Commission acceptance that there has beencompliance with the abovementioned conditions.
2. Each producer Member State shall allocate the quota referred to in
paragraph 1 to undertakings producing potato starch for use in themarketingyears 1995/96, 1996/97 and 1997/98, at the option of theMember State, on the basis of:
— either the average amount of starch produced by them in the
marketingyears 1990/91, 1991/92 and 1992/93 and for which theyreceived the premium referred to in Article 1 of Regulation (EEC)No 1543/93,
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— or the amount of starch produced by them in the marketingyear
1992/93 and for which they received the premium referred to inArticle 1 of Regulation (EEC) No 1543/93.
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M1
However, in the case of Austria, Finland and Sweden, the Member Stateshall allocate the quota referred to in paragraph 1 to undertakingsproducingpotato starch, for use in the marketingyears 1995/96, 1996/97 and 1997/98, in particular on the basis of the amount of potato starchproduced by them in the calendar year 1993 and for which theyreceived national aid.
▼
B
Where necessary, a producer Member State shall also, on the basis ofobjective criteria, take into account investments made by undertakingsproducingpotato starch before 31 January 1994 which did not g ive riseto production in the reference period chosen by that Member State.
Article 3
1. On or before 31 October 1997 and thereafter at three-yearly inter-
vals, the Commission shall present to the Council a report on theallocation of quota within the Community, accompanied if necessary byappropriate proposals. This report will take account of the developmentof the potato-starch market as well as that of the cereal-starch market.
2. On or before 30 November 1997 and thereafter at three-yearly
intervals, the Council, actingon the basis of Article 43 of the Treaty,shall allocate quota between Member States on the basis of the reportreferred to in paragraph 1, for use in the following three marketingyears.
3. On or before 31 December 1997 and thereafter at three-yearly
intervals, Member States shall notify those concerned of the details ofquota allocations for the followingthree marketingyears.
Article 4
An undertakingproducingpotato starch shall not conclude cultivation
contracts with potato producers for a quantity of potatoes which wouldproduce a quantity of starch in excess of its quota, referred to in Article2 (2).
Article 5
A premium of ECU 18,43 per tonne of starch produced shall be paid to
undertakings producing potato starch for the quantity of potato starch upthe quota limit referred to in Article 2 (2), provided that they have paidto potato producers the minimum price, referred to in Article 8 (1) ofRegulation (EEC) No 1766/92 (
1), for all the potatoes necessary to
produce starch up to that quota limit.
Article 6
1.►M1 ◄Any potato starch produced in excess of
the quota refrred to in Article 2 (2) shall be exported, as such, from theCommunity before 1 January followingthe end of the marketingyear inquestion.
No export refund shall be paid in respect of it.2.►
M1Notwithstanding ◄paragraph 1, an undertaking producing
potato starch may, in any marketingyear, in addition to its quota forthat year, utilize no more than 5 % of its quota relatingto the followingmarketingyear. In such case, the quota for the followingmarketingyearshall be reduced accordingly.
(1) OJ No L 181, 1. 7. 1992, p. 21. Regulation as last amended by Regula-
tion (EC) No 1866/94 (see page 1 of this Official Journal).
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Article 7
The provisions of this Regulation shall not cover production of potato
starch by undertakings which neither purchase potatoes which havebenefited from the compensatory aid referred to in Article 8 of Regula-tion (EEC) No 1766/92 nor benefit from the refund referred to inArticle 7 of that Regulation.
Article 8
Detailed rules for the application of this Regulation shall be adopted in
accordance with the procedure laid down in Article 23 of Regulation(EEC) No 1766/92. They shall include, in particular, rules applicable inthe case of mergers, changes of ownership and the commencement orcessation of tradingof undertaking s, and any specific measures neces-sary to facilitate the transition from the system in force to that eastab-lished by this Regulation.
Article 9
Regulation (EEC) No 1543/93 is repealed with effect from 1 July 1995.
All references to Regulation (EEC) No 1543/93 shall be construed asbeingreferences to this Reg ulation.
Article 10
This Regulation shall enter into force on the day of its publicaton in the
Official Journal of the European Communities .
It shall apply from 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.