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"B COMMISSION REGULATION (EC) No 2461/1999
of 19 November 1999
laying down detailed rules for the application of Council Regulation (EC) No 1251/1999 as regards the use
of land set aside for the production of raw materials
(OJ L 299, 20.11.1999, p. 16)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 827/2000 of 25 April 2000 L 101 21 26.4.2000
"M2 Commission Regulation (EC) No 2555/2000 of 20 November 2000 L 292 18 21.11.20001999R2461 — EN — 11.12.2000 — 002.001 — 1
COMMISSION REGULATION (EC) No 2461/1999
of 19 November 1999
laying down detailed rules for the application of Council Regulation (EC)
No 1251/1999 as regards the use of land set aside for the production of
raw materials
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1251/1999 of 17 May 1999
establishing a support system for producers of certain arable crops (
1), and in
particular Article 9 thereof,
Whereas:(1) since Regulation (EC) No 1251/1999 has replaced the support system
for producers of certain arable crops established by Council Regulation(EEC) No 1765/92 (
2), it is necessary to amend, in accordance with the
new scheme and in the light of the experience gained, Commission
Regulation (EC) No 1586/97 of 29 July 1997 laying down detailedimplementing rules for the use of set-aside land for the provision ofmaterials for the manufacture within the Community of products not
primarily intended for human or animal consumption (
3). On the
occasion of those amendments, and for reasons of clarity, thatRegulation should be recast;
(2) without prejudice to receipt of the payment provided for therein,
Article 6(3) of Regulation (EC) No 1251/1999 allows land set aside to
be used for the production of raw materials intended for themanufacture within the Community of products not intended fordirect human or animal consumption, provided that effective controls
are applied;
(3) those raw materials and their end uses should be defined; the raw
materials and the end products that may be obtained from suchmaterials should be limited in order to safeguard traditional marketswithout reducing the scope for identifying new outlets for such raw
materials; a distinction should be made between those raw materials
that can potentially be used for human or animal consumption andthose which cannot; the cultivation of sugarbeet, Jerusalem artichokes
or chicory roots on land set aside should not be ruled out; however,
such crops cannot qualify for area payments in view of the risk ofaffecting the markets for sugar and cereals; care should nonetheless betaken to ensure that such crops comply with the rules governing the use
of land set aside for the production of non-food products; in order to
prevent any speculation and to ensure that the raw materials areprocessed into the intended end products, a security must be lodgedeven though no payment is made;
(4) the role of all principal parties involved in the market need to be
defined clearly; it is essential that an explicit distinction be drawn
between the applicant’s obligations, which end once the total quantityof raw material harvested is delivered, and the obligations, including
the requirement concerning securities, incumbent on collectors, first
processors and any subsequent processors, which commence at thetime of delivery and are extinguished when the raw materials areprocessed into the intended non-food end products; the amount of the
security lodged should be high enough to prevent any risk of the raw
materials ending up in use for human or animal consumption;reference should be made to Council Regulation (EEC) No 3508/92 of27 November 1992 establishing an integrated administration and
control system for certain Community aid schemes (
4), as last amended
by Regulation (EC) No 1036/1999 (5), and to Commission Regulations
(EEC) No 2220/85 of 22 July 1985 laying down common detailed rules
for the application of the system of securities for agricultural!B
(1) OJ L 160, 26.6.1999, p. 1.
(2) OJ L 181, 1.7.1992, p. 12.
(3) OJ L 215, 7.8.1997, p. 3.
(4) OJ L 355, 5.12.1992, p. 1.
(5) OJ L 127, 21.5.1999, p. 4.1999R2461 — EN — 11.12.2000 — 002.001 — 2
products (1), as last amended by Regulation (EC) No 1932/1999 (2),
and (EEC) No 3887/92 of 23 December 1992 laying down detailedrules for applying the integrated administration and control system forcertain Community aid schemes (
3), as last amended by Regulation
(EC) No 1678/98 (4), which impose horizontal rules on the subject;
special provisions should be laid down to cover biennial crops in viewof the length of the production cycle;
(5) a method should also be laid down for assessing those products
deemed not for human or animal consumption and those which areintended for such uses, in order to determine the ratio between thosetwo types of product, that ratio being the criterion serving to identify
the primary end use;
(6) in the interests of verification, the raw materials grown need to be
covered, compulsorily, by contracts between the agricultural producer
(hereinafter referred to as ‘the applicants’) and the first processor or
collector; pursuant to Article 6(9) of Regulation (EEC) No 3508/92,such contracts are to be regarded as forming an integral part of area-aid
applications; experience has shown that, for the purposes of
inspection, before any payment is made, such contracts should bepresented by the applicants as well as by the collectors or firstprocessors, to the relevant competent authorities; different dates of
submission may be laid down depending on the sowing periods; in
specific circumstances, the Member States may allow certain rawmaterials to be processed direct by the producers themselves on theirholdings;
(7) it should be made clear that intermediate products or by-products
obtained from the raw materials harvested may be used under thescheme, in quantities equivalent to the harvested raw materials. Where
such equivalent quantities come from a Member State other than that
in which the raw material is harvested, the Member States need toinform each other of the transaction so that suitable checks may beconducted;
(8) in the interests of verification, applicants should be required to declare
the areas involved, the anticipated yields and the quantities harvested.The yields shown in contracts concluded between applicants and
collectors or first processors, as the case may be, must be at least equal
to the yields forecast. In the case of raw materials that can be boughtinto intervention otherwise than under this scheme and of raw
materials obtained from certain rapeseed and sunflower seed, a
representative individual yield or, where appropriate, a representativelocal yield should be fixed. The localities on the basis of which therepresentative local yields are calculated can, but need not necessarily,
be coextensive with the regions mentioned in the regionalisation plans
provided for in Regulation (EC) No 1251/1999. Checks of such rawmaterials will be more effective if the quantities delivered correspondto such representative yields. In duly justified cases, a shortfall may be
allowed;
(9) the whole quantities of raw materials harvested on areas covered by
contracts should be delivered to the first processors or collectors. To
ensure that this condition is met, applicants should be required to
submit a declaration to the relevant competent authorities. Applicantsneed to inform the competent authorities should they be unable todeliver all or part of the quantity of raw material stipulated in the
contract. Contracts should be amended or terminated in the event of
special circumstances falling outside normal agricultural conditions.The conditions under which an amendment may lead to a reduction in
the land covered by the contract without affecting the applicant’s right
to payment should be clearly defined;
(10) the scheme would be more in line with commercial practice if the
collectors or first processors, as the case may be, were allowed to
change the end uses envisaged and shown in contracts, after theapplicants have delivered the raw materials covered by this Regulation,provided that the scheme is effectively verified;!B
(1) OJ L 205, 3.8.1985, p. 5.
(2) OJ L 240, 10.9.1999, p. 11.
(3) OJ L 391, 31.12.1992, p. 36.
(4) OJ L 212, 30.7.1998, p. 23.1999R2461 — EN — 11.12.2000 — 002.001 — 3
(11) in order to comply with the Memorandum of Understanding on oil
seeds between the European Economic Community and the UnitedStates of America within the framework of the GATT, as approved byCouncil Decision 93/355/EEC (
1), a monitoring system should be
introduced to assess the quantities, in soya-bean-meal equivalent, of
by-products intended for human or animal consumption and obtainedfrom colza seed, rapeseed, sunflower seed or soya beans grown on landset aside for purposes other than production for human or animal
consumption;
(12) a clear time limit should be set for the processing of the raw materials
into eligible end products;
(13) certain transport operations within Community territory involving raw
materials and products derived therefrom should be subject to controls
to guarantee traceability and to ensure that the provisions of this
Regulation have been applied to them. Such controls should entail theuse of declarations and T5 control copies to be issued in accordancewith Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying
down provisions for the implementation of Council Regulation (EEC)
No 2913/92 establishing the Community Customs Code (
2), as last
amended by Regulation (EC) No 1662/1999 (3);
(14) a demonstrable measure of control must be established for each of the
principal parties involved; whereas controls are to be stepped up
wherever failures to observe the rules laid down in this Regulation
emerge;
(15) simplified rules may be adopted in respect of raw materials that cannot
in any circumstances be used for human or animal consumption;
(16) application of this scheme should take account of special conditions
obtaining in certain Member States, in particular as regards controls,
public health, the environment and criminal law provisions, without
thereby accentuating the differences as to the manner in which suchfactors are treated within the Community. To that end, any proposal to
exclude any of the raw materials listed in Annexes I or II should, prior
to its enactment, be duly justified and notified to the Commission bythe Member State concerned;
(17) provision should be made whereby raw materials grown on set-aside
land, and products derived therefrom, do not generally qualify for any
other Community aid financed under Council Regulation (EC) No
1257/1999 of 17 May 1999 on support for rural development from theEuropean Agricultural Guidance and Guarantee Fund (EAGGF) andamending and repealing certain Regulations (
4), or Council Regulation
(EC) No 1258/1999 of 17 May 1999 on the financing of the common
agricultural policy (5);
(18) with a view to determining whether the objectives of the reform of the
common agricultural policy have been achieved, this scheme should be
evaluated on the basis of information on its actual application in the
Member States;
(19) the system provided for in Regulation (EC) No 1251/1999 will apply
from the 2000/2001 marketing year; whereas, so that the producersconcerned can carry out sowing and submit their contracts and
applications for area payments in respect of that marketing year in full
knowledge of, and in compliance with, the rules on the application ofthe new arrangements, this Regulation should enter into forceimmediately on publication in the Official Journal of the European
Communities ;
(20) the measures laid down in this Regulation are in accordance with the
opinion of the Management Committee for Cereals,!B
(1) OJ L 147, 18.6.1993, p. 25.
(2) OJ L 253, 11.10.1993, p. 1.
(3) OJ L 197, 29.7.1999, p. 25.
(4) OJ L 160, 26.6.1999, p. 80.
(5) OJ L 160, 26.6.1999, p. 103.1999R2461 — EN — 11.12.2000 — 002.001 — 4
HAS ADOPTED THIS REGULATION:
CHAPTER I
Aim and definitions
Article 1
1. Land set aside under the support system for producers of certain arable
crops, as set out in Regulation (EC) No 1251/1999, may be used inaccordance with Article 6(3) thereof for the production of the raw materials
listed in Annexes I and II to this Regulation and intended for the purposes set
out in Annex III.
Such land may qualify for payment of area-aid (hereinafter referred to as ‘the
payment’) pursuant to Article 2(2) of Regulation (EC) No 1251/1999, subjectto the conditions contained in this Regulation.
The provisions of Commission Regulation (EC) No 2316/1999 (
1) shall
govern land set aside and used to grow the raw materials listed in Annexes I orII.
However, the cultivation of such raw materials shall be deemed compatible
with those provisions. Furthermore, by way of derogation from Article 19(2)
of that Regulation, the areas concerned need not be left fallow from 15
January, provided that the requirements of this Regulation are satisfied.
2. No payment shall be made in respect of set-aside land on which
sugarbeet, Jerusalem artichokes or chicory roots are grown. However, all the
provisions of Chapter II shall apply to sugarbeet, Jerusalem artichokes andchicory roots grown on land set aside in the same way as if such a paymentwere made.
Article 2
For the purposes of this Regulation:
(a) ‘applicant’ means any person applying for an area payment;
(b) ‘collector’ means any person signing a contract as provided for in Article
4 who purchases on his own account raw materials listed in Annex I and
intended for use in products listed in Annex III;
(c) ‘first processor’ means any user of raw materials who undertakes the first
processing thereof with a view to obtaining one or more of the products
listed in Annex III.
CHAPTER II
Raw materials which need to be covered by a contract
Section 1
Use of raw material — Contract and application for payment
Article 3
1. The raw materials listed in Annex I (hereinafter referred to as ‘raw
materials’) may be grown on land set aside solely on condition that they areintended primarily for use in the manufacture of the end products listed inAnnex III. The economic value of non-food products obtained by processing
such raw materials as determined by the valuation method set out in Article
13(3) shall be higher than that of all other products intended for human oranimal consumption and obtained by such processing.
2. Raw materials grown on land set aside shall be covered by contracts as
provided for in Article 4.
3. Applicants shall deliver all raw materials harvested to a collector or first
processor, who shall take delivery of them and ensure that an equivalentquantity of such raw materials is used within the Community for the
manufacture of one or more end products listed in Annex III.!B
(1) OJ L 280, 30.10.1999, p. 43.1999R2461 — EN — 11.12.2000 — 002.001 — 5
Where the collector or first processor uses the raw material actually harvested
to manufacture an intermediate product or a by-product, he may use anequivalent quantity of such intermediate products or by-products to manu-facture one or more end products as referred to in Annex III.
Where the collector or first processor avails himself of the possibility
provided for in the first and second subparagraphs, he shall so inform the
competent authority with whom the security is lodged. Where such equivalentquantity is used in a Member State other than that in which the raw material isharvested, the competent authorities of the Member States concerned shall
inform each other of the details of such transaction.
4. By way of derogation from paragraphs 2 and 3, the Member States may
authorise applicants to process into biogas under CN code 2711 29 00, ontheir holdings, all raw materials harvested on certain areas set aside, oncondition that:
(a) the applicant undertakes, by way of a declaration in place of the contract
as provided for in Article 4, to process directly the raw material covered
by the declaration;
(b) the Member State concerned introduces suitable controls ensuring that
the raw material is processed into biogas under CN code 2711 29 00.
Measures as provided for in the first subparagraph and any subsequent
amendments thereto shall be notified to the Commission by 30 November
preceding the year of the harvest to which those measures apply.
Articles 4 to 21 shall apply mutatis mutandis .
Article 4
1. In support of their applications for payment, applicants shall submit to
their competent authorities the contracts they have concluded with a collectoror first processor.
2. Applicants shall ensure that such contracts specify the following:(a) the names and addresses of the parties to the contract;(b) the duration of the contract;(c) the species of all raw materials concerned and the area planted with each
species;
(d) the forecast quantities of raw materials, classified by species, and any
conditions governing their delivery. Such quantities shall be no less thanthose calculated on the basis of the anticipated yield considered by thecompetent authority to be representative for the raw material in question.
Such anticipated yields shall take account inter alia of the average yield,
if any, set for the region concerned;
(e) an undertaking to fulfil their obligations pursuant to Article 3(3);(f) the intended primary end uses for the raw material, each end use
complying with the conditions laid down in Articles 3(1) and 13(3).
3. Applicants shall ensure that the contracts are concluded in time to allow
the collector or first processor to deposit a copy with his competent authority
within the time limits laid down in Article 13(1).
4. Where contracts relate to rapeseed, colza seed, sunflower seed or soya
beans covered by CN codes ex 1205 00 90, 1206 00 91, 1206 00 99 or
1201 00 90, the applicants shall ensure that, in addition to the information
required under paragraph 2, they specify the total anticipated quantity ofby-products and the anticipated quantity of by-products intended for usesother than human or animal consumption, by species in both cases.
The quantities shall be calculated on the basis of the following ratios:(a) 100 kilograms of rapeseed and/or colza seed covered by CN code
1205 00 90 shall be deemed equivalent to 56 kilograms of by-products;
(b) 100 kilograms of sunflower seed covered by CN codes 1206 00 91 or
1206 00 99 shall be deemed equivalent to 56 kilograms of by-products;
(c) 100 kilograms of soya beans covered by CN code 1201 00 90 shall be
deemed equivalent to 78 kilograms of by-products.!B
!M11999R2461 — EN — 11.12.2000 — 002.001 — 6
5. For the purposes of control, Member States may require each applicant to
conclude a single supply contract for each raw material.
Article 5
Each year, in their payment applications submitted to the competent
authorities, applicants shall identify the parcel or parcels on which the raw
materials are to be grown. The following particulars must be provided in
respect of each parcel set aside and each raw material grown thereon:
(a) the species of raw material and varieties thereof;
(b) the anticipated yield per species and variety.
Where the same species or variety is also grown on land not set aside within
the same holding, the species or variety and the forecast output shall be
shown, together with details of the parcels concerned, their location andidentification.
Section 2
Amendment and termination of contract — Applicant’s obligations
Article 6
Where the parties to the contract amend or terminate the latter after the
applicant has lodged a payment application, the applicant may maintain such
payment application only on condition that, with a view to allowing therequisite inspections to be carried out, he informs the relevant competentauthority of such amendment or termination, no later than the closing date set
in the Member State concerned for amendment of the application.
Article 7
Without prejudice to Article 6, where applicants inform their competent
authorities that, owing to special circumstances, they will be unable to supplyall or part of the raw materials specified in the contract, the competent
authorities may, after obtaining sufficient evidence of such special circum-
stances, authorise such amendments to contracts as appear justified, or mayauthorise their termination.
Where the land covered by contracts is reduced as a result of their
amendments, or where contracts are terminated, then, in order to maintaintheir right to payments, applicants shall:
(a) once more set aside the land in question by any means permitted by the
competent authorities;
(b) abstain from selling, transferring or using raw materials grown on land
struck out of the contracts.
Article 8
Without prejudice to Article 6, collectors or first processors may alter the
intended primary end uses of raw materials, as referred to in Article 4(2)(f),once the raw materials under contract have been delivered to the collector or
first processor and once the conditions laid down in Article 10(1) and in the
first subparagraph of Article 13(4) have been fulfilled.
Changes in end uses shall be made in compliance with the conditions laid
down in Articles 3(1) and 13(3).
The collectors or first processors shall give prior notice to their competent
authorities with a view to the requisite controls.
Section 3
Representative yields and quantities delivered
Article 9
1. Each year before the harvest, the Member States shall establish
representative yields, which shall be attained in practice, for raw materialsthat may be bought into intervention otherwise than under this scheme and for!B1999R2461 — EN — 11.12.2000 — 002.001 — 7
rapeseed or colza seed covered by CN code ex 1205 00 90, with the exception
of varieties having a high erucic acid content, and sunflower seeds covered byCN codes 1206 00 91 or 1206 00 99. Those representative yields shall beestablished:
(a) for each individual holding concerned; or
(b) on a local basis.2. In the case set out in point 1, Member States shall select the localities to
be used to calculate representative yields, which may, but need not
necessarily, correspond to the regions set out in their regionalisation plansdrawn up in accordance with Regulation (EC) No 1251/1999. Each yearbefore the harvest, Member States shall inform the applicants concerned of
those representative yields, doing so by:
(a) 31 July at the latest in the case of raw materials that may be bought into
intervention otherwise than under this scheme and rapeseed as referred toin the first subparagraph; and
(b) 31 August at the latest in the case of sunflower seeds as referred to in
paragraph 1.
Article 10
1. Applicants shall declare the total quantity of raw materials harvested by
species to their competent authorities and shall confirm the quantities of rawmaterials delivered and the parties to whom such deliveries are made.
2. In the case of raw materials as referred to in Article 9, the actual
quantities to be delivered by the applicants to the collectors or first processorsmust at least correspond to the representative individual yield or, as the case
may be, the representative local yield for the parcels concerned established by
the Member States pursuant to that Article.
However, in duly justified cases, the Member States may, by way of an
exception, allow a shortfall of up to 10 % in the yield.
Furthermore, where they have authorised the amendment or termination of
contracts in accordance with Article 7, the competent authorities may, whereit seems justified to do so, reduce the quantities that applicants are required todeliver under the first subparagraph of this paragraph.
Article 11
Where applicants fail to deliver the requisite quantity of any given raw
material pursuant to this Regulation, they shall be deemed, for the purposes of
Article 9(2) of Regulation (EEC) No 3887/92, to have failed to fulfil theirobligations under the set-aside scheme for non-food purposes in respect of anarea calculated by multiplying the area of land set aside and used by them for
the production of the raw materials in accordance with the criteria laid down
in this Regulation by the percentage shortfall in deliveries of that rawmaterial.
Section 4
Conditions of payment
Article 12
1. Payments may be made to applicants in respect of land set aside in
accordance with Regulation (EC) No 1251/1999 before the raw materials areprocessed. However, such payments shall only be made where the requisitequantities of raw materials pursuant to this Regulation have been delivered to
the collector or first processor and where:
(a) the declaration referred to in Article 10 has been made;(b) a copy of the contract has been deposited with the collector’s or first
processor’ s competent authority, the conditions referred to in Article
13(2) have been fulfilled, and the information specified in the firstsubparagraph of Article 13(4) has been forwarded by either the collectoror first processor;
(c) the competent authority has received proof that the full security provided
for in Article 15(2) has been lodged;!B1999R2461 — EN — 11.12.2000 — 002.001 — 8
(d) the competent authority responsible for the payment has checked that the
conditions laid down in Article 4 have been met in respect of eachapplication.
2. In the case of biennial crops, where the raw materials are harvested, and
hence delivered, in the course of the second year of cultivation only, payment
shall be made in each of the two years following the conclusion of the contractas provided for in Article 4, on condition that the competent authorities
establish that:
(a) the obligations laid down in point (b) of paragraph 1, with the exception
of the communication of the information referred to in the firstsubparagraph of Article 13(4), and in point (d) thereof, are fulfilled as
from the first year of cultivation; and
(b) the obligations laid down in points (a) and (c) of paragraph 1 are fulfilled,
and the information referred to in the first subparagraph of Article 13(4)
is communicated, in the second year of cultivation.
However, payments shall only be made in respect of the first year of
cultivation if the competent authorities receive proof that 50 % of the securityas provided for in Article 15(2) has been lodged.
Section 5
Contract and obligations on collector or first processor
Article 13
1. Collectors or first processors shall deposit copies of the contracts with
their competent authorities:
(a) in respect of raw materials to be sown from 1 July to 31 December, by 31
January of the following year; or
(b) in respect of raw materials to be sown from 1 January to 30 June, by the
closing date for the submission of payment applications for the year in
question in the Member State concerned.
Where applicants and collectors or first processors amend or terminate
contracts prior to the date referred to in Article 6 in a given year, the
collectors or first processors shall deposit with their competent authorities a
copy of the amended or terminated contract, no later than that date.
2. The competent authorities referred to in paragraph 1 shall check that
contracts submitted comply with the conditions laid down in Article 3(1).
Where those conditions are not met, the applicants’ competent authorities
shall be notified.
With a view to facilitating such checks, collectors or first processors shall
provide their competent authorities with the requisite information on the
processing chain in question, in particular as regards prices and the technicalprocessing coefficients to be used for determining the quantities of endproducts that may be obtained. The coefficients shall be those set out in
Article 21(1).
3. With a view to monitoring compliance with Article 3(1), the competent
authorities concerned shall, on the basis of the information referred to inparagraph 2, compare the sum of the values of all non-food products with the
sum of the values of all other products intended for human or animal
consumption and obtained from the same processing operation. Each figureshall equal the relevant quantity multiplied by the average of the ex-factory
prices recorded during the previous marketing year. Where such prices are not
available, the competent authorities shall determine the relevant prices, inparticular on the basis of the information referred to in paragraph 2.
4. Collectors or first processors who have taken over the raw materials from
applicants shall inform their competent authorities of the quantities of raw
materials received, specifying the species, the name and address of the partyto the contract who delivered the raw materials, the place of delivery and the
contract reference, within a time limit to be set by the Member States that
allows the payments to be made within the period specified in Article 8 ofRegulation (EC) No 1251/1999.!B1999R2461 — EN — 11.12.2000 — 002.001 — 9
Within 40 working days of the date on which they deliver the raw materials to
the first processors, the collectors shall inform their competent authorities ofthe names and addresses of those first processors. Within 40 working days ofreceipt by the first processors, the latter shall in turn inform their competent
authorities of the names and addresses of the collectors who delivered the raw
materials to them, the quantities and type thereof and the dates of delivery.
Where delivery of the raw materials to the first processors is not made by the
collectors direct, the latter shall inform their competent authorities of thenames and addresses of the parties involved in the delivery, together with the
names and addresses of the first processors. That information shall be
provided within 40 working days of receipt of the raw materials by the firstprocessors.
Within 40 working days of the transaction, all other parties involved in the
delivery shall, in turn, inform their competent authorities of the names andaddresses of the purchasers of raw materials and the quantities sold to them.
Where the competent authorities are not the same, the competent authorities
of the first processors and the competent authorities of all other parties
involved in delivering the raw materials as referred to in the third
subparagraph shall inform the collectors’ competent authorities of thequantities supplied to the first processors.
Where the Member States of the collectors or first processors are not the same
as the Member States in which the raw materials have been grown, then,
within 40 working days of receipt of the information referred to in the first
and third subparagraphs, the competent authorities concerned shall inform theauthorities of the applicants of the total quantities of raw materials delivered.
Section 6
Soya-flour equivalents for oleaginous by-products
Article 14
1. Without prejudice to Article 13, as soon as possible and by 30 June at the
latest of the year in which the raw materials are to be harvested, the competentauthorities referred to in paragraph 1 of that Article shall inform theCommission of the total quantity of each species of by-products intended for
human or animal consumption resulting from the contracts provided for in
Article 4, covering rapeseed, colza seed, sunflower seeds and soya beansfalling within CN codes ex 1205 00 90, 1206 00 91, 1206 00 99 and
1201 00 90.
2. On the basis of the information provided pursuant to paragraph 1, the
Commission shall calculate the forecast total quantity of by-products for
human or animal consumption, expressed in terms of soya bean mealequivalent, applying the method based on the following coefficients:
— soya cake: 48 %,— colza cake: 32 %,
— sunflower cake: 28 %.
If, as a result of the calculation made pursuant to the first subparagraph, the
Commission finds that there is an overrun of the 1 million tonnes ceiling for
by-products intended for food or feed uses, it shall fix, as soon as possible and
by 31 July at the latest of the year in which the raw materials are to beharvested, the percentage reduction to be applied to each contract, for the
purpose of calculating the maximum quantity of by-products for human or
animal consumption.!B
!M11999R2461 — EN — 11.12.2000 — 002.001 — 10
Section 7
Securities
Article 15
1. The collectors or first processors shall lodge a full security as provided
for in paragraph 2 with their competent authorities by the closing date forsubmission of payment applications for the year in question in the MemberState concerned.
2. The securities to be lodged in respect of each raw material shall be
calculated by multiplying the sum of all areas set aside under this scheme,
covered by a contract signed by the collector or first processor concerned and
used to produce that raw material, by the rate of EUR 250 per hectare.
3. Where contracts are amended or terminated in accordance with Article 6
or Article 7, the securities lodged shall be adjusted accordingly.
4. The security shall be released on a proportional basis on condition that
the competent authority of the collector or first processor concerned is in
possession of proof:
(a) that the quantity of raw material in question has been processed in
compliance with the requirement laid down in Article 4(2)(f), accountbeing taken, where necessary, of any changes pursuant to Article 8; and
(b) where contracts relate to rapeseed, colza seed, sunflower seed or soya
beans covered by CN codes ex 1205 00 90, 1206 00 91, 1206 00 99 or1201 00 90 and the procedure laid down in Article 14(2) applies, that the
quantity of by-products in excess of the maximum quantity for human or
animal consumption has found outlets other than the feed or foodstuffsmarkets.
5. Without prejudice to paragraph 4:
(a) where the security has been lodged by the collector, it shall be released
once the raw material in question is delivered to the first processor,
(b) where the security has been lodged by a processor, it shall be released
once the raw material or the intermediate products covered by the
contract are delivered to another processor,
provided that the competent authority of the party selling or transferring the
goods in question has proof that the party purchasing or taking over the goods
has lodged an equivalent security with his competent authority.
Article 16
1. The competent authorities of the Member States in which processing
takes place shall take the necessary steps to ensure that processors established
in their territory provide all assurances as regards the obligations undertaken.
2. The following shall constitute primary requirements within the meaning
of Article 20 of Regulation (EEC) No 2220/85:
(a) the obligation to process the quantities of raw materials principally into
the end products specified in the contract;
(b) where the procedure laid down in Article 14(2) applies, the obligation to
seek outlets other than the feed or foodstuffs markets for quantities of
by-products in excess of the maximum quantity for human or animalconsumption.
Processing into one or more of the end products specified in Annex III shall
be carried out by 31 July of the second year following the year in which theapplicant harvests the raw material. Where the procedure laid down in Article
14(2) applies, this deadline shall be observed also for the disposal on markets
other than the feed or foodstuffs markets of the quantity of by-products inexcess of the maximum quantity for human or animal consumption.!B
!M1
!B
!M11999R2461 — EN — 11.12.2000 — 002.001 — 11
3. The following obligations, incumbent on collectors or processors, shall
constitute subordinate requirements within the meaning of Article 20 ofRegulation (EEC) No 2220/85:
(a) the obligation to take delivery of all raw materials delivered by applicants
pursuant to Article 3(3);
(b) the obligation to deposit copies of contracts in accordance with Article
13(1);
(c) the obligation to provide the information required in accordance with the
first, second and third subparagraphs of Article 13(4);
(d) the obligation to lodge a security in accordance with Article 15(1).
Section 8
Documents for sale, transfer, or delivery in another Member State, or
export
Article 17
Where collectors or first processors sell or transfer raw materials or
intermediate products and/or co-products or by-products covered by contractsas provided for in Article 4 to processors established in other Member States,the products shall be accompanied by T5 control copies issued in accordance
with Regulation (EEC) No 2454/93.
One of the following shall be entered under the heading ‘Other’ in box 104 of
the T5 control copies:
— Producto destinado a su transformación o entrega de acuerdo con lo
establecido en el artículo 4 del Reglamento (CE) n
o2461/1999 de la
Comisión
— Skal anvendes til forarbejdning eller levering i overensstemmelse med
artikel 4 i Kommissionens forordning (EF) nr. 2461/1999
— Zur Verarbeitung oder Lieferung gemäß Artikel 4 der Verordnung (EG)
Nr. 2461/1999 der Kommission zu verwenden
—Πρέπει να /khiρησιµ/omikronπ/omikronιηθεί για µεταπ/omikronίηση ή παράδ/omikronση σύµφωνα
µετ/omikronάρθρ/omikron4τ/omikronυκαν/omikronνισµ/omikronύ(ΕΚ)αριθ.2461/1999της Επιτρ/omikronπής
—To be used for processing or delivery in accordance with Article 4 of
Commission Regulation (EC) No 2461/1999
— À utiliser pour transformation ou livraison conformément aux dis-
positions de l’article 4 du règlement (CE) no2461/1999 de la
Commission
— Da consegnare o trasformare conformemente all’articolo 4 del regola-
mento (CE) n. 2461/1999 della Commissione
— Te gebruiken voor verwerking of aflevering overeenkomstig artikel 4 van
Verordening (EG) nr. 2461/1999 van de Commissie
— A utilizar para transformação ou entrega em conformidade com o artigo
4.odo Regulamento (CE) n.o2461/1999 da Comissão
— Käytetään jalostamiseen tai toimittamiseen komission asetuksen (EY)
N:o 2461/1999 mukaisesti
— Används till bearbetning eller leverans i enlighet med kommissionens
förordning (EG) nr 2461/1999.
The provisions of the first and second paragraphs shall apply to all subsequent
sales to processors in other Member States up to the stage of manufacture of
the end product shown in the contract. In the case of co-products orby-products, they shall apply only where the products would attract exportrefunds if they were obtained from raw materials grown otherwise than under
this scheme.
Article 18
1. Where collectors deliver all or part of the raw materials which they have
received, to first processors who are not established in the same Member!B1999R2461 — EN — 11.12.2000 — 002.001 — 12
State, they shall complete a T5 control copy, entering the following under
‘Other’ in box 104:
(a) the quantities they have delivered direct to the first processors;
(b) the names and addresses of the first processors;
(c) the names and addresses of the other parties involved in the delivery
circuit, even where those parties are located in the Member State wherefirst processing has taken place;
(d) the quantities delivered by each other party involved.2. All parties involved in deliveries as referred to in paragraph 1(c) who are
not established in the same Member State as the first processor shall completea T5 control copy, entering, under the heading ‘Other’ in box 104, the names
and addresses of the collector and the information specified in points (a) and
(b) of that paragraph.
Article 19
Where one or more end products, intermediate products, co-products or
by-products covered by contracts as provided for in Article 4 are intended for
export to third countries, a T5 control copy shall be drawn up by thecompetent authority of the Member State in which those products are
obtained to cover their transport within the Community.
One of the following remarks shall be entered under ‘Other’ in box 104 of the
T5 control copy:
— Este producto no podrá acogerse a ninguna de las medidas previstas en el
apartado 2 del artículo 1 del Reglamento (CE) n
o1258/1999 del Consejo
— De finansieringsforanstaltninger, der er omhandlet i artikel 1, stk. 2, i
Rådets forordning (EF) nr. 1258/1999 kan ikke anvendes på dette produkt
— Dieses Erzeugnis kommt für keine Finanzierungen gemäß Artikel 1
Absatz 2 der Verordnung (EG) Nr. 1258/1999 des Rates in Betracht
—Τ/omikron πρ/omikronϊ/omikronacuteν αυτ/omikronacute δεν µπ/omikronρεί να επωφεληθεί απ/omikronacute τα µέτρα π/omikronυ
πρ/omikron/betatwoλέπ/omikronνται στ/omikron άρθρ/omikron 1 παράγραφ/omikronς 2τ/omikronυ καν/omikronνισµ/omikronύ (ΕΚ)
αριθ. 1258/1999 τ/omikronυ Συµ/betatwo/omikronυλί/omikronυ
—This product shall not qualify for any benefit pursuant to Article 1(2) of
Council Regulation (EC) No 1258/1999
— Ce produit ne peut pas bénéficier des financements prévus à l’article 1er
paragraphe 2 du règlement (CE) no1258/1999 du Conseil
— Questo prodotto non può beneficiare delle misure di cui all’articolo 1,
paragrafo 2 del regolamento (CE) n. 1258/1999 del Consiglio
— Dit product komt niet in aanmerking voor financieringen als bedoeld in
artikel 1, lid 2, van Verordening (EG) nr. 1258/1999 van de Raad
— O presente produto não pode beneficiar de medidas ao abrigo do n.o2d o
artigo 1.odo Regulamento (CE) n.o1258/1999 do Conselho
— Tähän tuotteeseen ei sovelleta neuvoston asetuksen (EY) N:o 1258/1999
1 artiklan 2 kohdan mukaisia toimenpiteitä
— De åtgärder som avses i artikel 1.2. i rådets förordning (EG) nr 1258/1999
kan inte användas för denna produkt.
The provisions of the first and second paragraphs shall apply only where end
products listed in Annex III, intermediate products, co-products orby-products covered by contracts as provided for in Article 4 would attract
export refunds if they were obtained from raw materials grown otherwise than
under this scheme.
Section 9
Controls
Article 20
Member States shall lay down the records which collectors and processors are
to keep.!B1999R2461 — EN — 11.12.2000 — 002.001 — 13
In the case of collectors, such records shall include the following entries:
(a) the quantities of all raw materials purchased and sold for processing
under this scheme;
(b) the names and addresses of subsequent purchasers/processors;
In the case of processors, such records shall include, at regular intervals to be
determined by the competent authority, the following entries:
(a) the quantities of all raw materials purchased for processing;(b) the quantities of raw materials processed and the quantities and types of
end products, co-products and by-products obtained therefrom;
(c) wastage during processing;(d) the quantities destroyed and the reasons for such destruction;(e) the quantities and types of products sold or transferred by the processor
and the prices obtained;
(f) the names and addresses of subsequent purchasers/processors.
Article 21
1. The competent authorities of collectors and those of the Member States in
which processing takes place shall carry out controls comprising physical
checks and inspections of commercial documents, with a view to verifying, inthe case of collectors, consistency between the purchases of raw materials andthe corresponding deliveries, and, in the case of processors, between
deliveries respectively of raw materials, finished products, co-products and
by-products.
For the purpose of such controls, the competent authorities shall base
themselves in particular on the technical processing coefficients for the rawmaterials concerned.
Where such coefficients for exports are to be found in Community legislation,
they shall be applied. Where there are none but other coefficients may be
found in Community legislation, they shall be applied. In all other cases,
inspection shall rely mainly on the coefficients generally accepted by theprocessing industry.
The controls shall also seek to establish that the correct end use is made of the
raw materials, co-products and by-products, and that Articles 3(1) and 13(3)are complied with.
Controls shall cover at least 10 % of the transactions and processing
operations that take place in the Member State concerned and shall be
determined by the competent authority on the basis of a risk analysis andtaking account of how representative the contracts submitted are.
2. The competent authorities shall step up the controls as referred to in
paragraph 1, and shall inform the Commission immediately, where:
(a) irregularities are revealed by at least 3 % of the controls as referred to in
paragraph 1;
(b) there is a deviation from the previous performances of processors;(c) there are processing operations where:
(i) the quantities or values of end products, by-products or co-products
are disproportionate in relation to the coefficients referred to in the
second and third subparagraphs of paragraph 1; or where
(ii) there is a disparity relative to the criteria for determining the
economic value of products set out in Articles 3(1) and 13(3).!B1999R2461 — EN — 11.12.2000 — 002.001 — 14
CHAPTER III
Raw materials which need not be covered by contracts
Article 22
The raw materials listed in Annex II (hereinafter referred to as ‘raw
materials’) may be grown on land set aside, on condition that they are
intended for use in the manufacture of the end products listed in Annex III.
They do not need to be covered by a contract.
Article 23
1. To qualify for payments, applicants wishing to use land set aside for
growing raw materials shall submit a written undertaking with their payment
applications to the competent authorities in their Member States, to the effectthat the raw materials concerned will only be used or sold for purposes inaccordance with Annex III.
2. Each year applicants shall inform their competent authorities, in their
payment applications, of the parcels set aside in accordance with this Chapter,the crops grown on such parcels, the duration of the crop cycle and theforeseeable frequency of harvesting.
CHAPTER IV
General provisions
Section 1
Exclusion from the scheme and prohibition of overlapping aid
Article 24
The Member States may exclude any of the raw materials listed in Annexes I
or II from the scheme established by this Regulation where such materials
raise difficulties in terms of controls, public health, the environment orcriminal law. In such cases, the Member State concerned shall notify theCommission of the raw material(s) which it intends to exclude and shall
provide grounds therefor.
Article 25
Raw materials listed in Annex I and grown on land set aside and intermediate
products, end products, co-products and by-products derived therefrom, raw
materials listed in Annex II and grown on land set aside and products derived
therefrom and land used to produce such raw materials shall not be eligiblefor:
(a) financing by the Guarantee Section of the European Agricultural
Guidance and Guarantee Fund pursuant to Article 1(2)(a) and (b) ofRegulation (EC) No 1258/1999;
(b) Community aid as provided for in Chapter VIII of Regulation (EC) No
1257/1999 with the exception of support granted in respect of the costs of
planting fast-growing species as provided for in the second subparagraphof Article 31(3) thereof.
Section 2
Evaluation and additional national measures
Article 26
Within three months of the end of each marketing year, the Member States
shall forward to the Commission all the information needed to evaluate thescheme introduced by this Regulation.!B
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!B1999R2461 — EN — 11.12.2000 — 002.001 — 15
Where Chapter II is concerned, such information shall include the following
information:
(a) the areas corresponding to each species of raw material, the anticipated
yields as referred to in Article 4(2)(d) and the representative yields asreferred to in Article 9;
(b) the quantities of each species of raw material not sold by collectors;(c) the quantities of each type of end product, by-product and co-product
obtained, with details of the type of raw material used.
Where Chapter III is concerned, the information shall include the surface area
set aside for each species grown.
Article 27
1. The Member States shall appoint the competent authorities as referred to
in this Regulation.
2. The Member States may adopt any additional measures necessary for the
application of this Regulation and shall notify the Commission thereof.
Section 3
Final provisions
Article 28
Regulation (EC) No 1586/97 is hereby repealed with effect from 1 July 2000.
It shall continue to apply to contracts in respect of the 1999/2000 and earlier
marketing years.
References to the repealed Regulation shall be construed as references to this
Regulation.
Article 29
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It shall apply to contracts and payment applications submitted in respect of
2000/2001 and subsequent marketing years.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B1999R2461 — EN — 11.12.2000 — 002.001 — 16
ANNEX I
RA W MATERIALS REFERRED TO IN CHAPTER II
CN code Brief description
0602 90 59 Other outdoor plants (e.g. Kenaf Hibiscus Cannabinus L. and Cheopodium ) with the exception of
Euphorbia lathyris ;Sylibum marianum andIsatis tinctoria
0701 90 10 Potatoes
ex 0713 10 90 Peas ( Pisum arvense L.), other than those for sowing
0713 50 00 Broad beans other than those for sowing
ex 0714 90 Jerusalem artichokes (provided that they do not undergo the process known as hydrolysis as defined by
Commission Regulation (EEC) No 1443/82 (1), either in their natural state or as an intermediate
product such as inuline, or as a by-product such as oligo fructose, or as any co-products)
0810 30 10 Blackcurrants
ex 0810 90 85 Fruits of the species Aronia Arbutifolia , sea buckthorn and elder
0904 20 Fruits of the genus Capsicum or of the genus Pimenta , dried or crushed or ground
0909 Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries0910 50 00 Curry
0910 99 10 Fenugreek seed
ex 0910 99 91 Spices, other than mixturesex 0910 99 99 Spices, other than mixtures
1001 90 99 Spelt, common wheat and meslin other than for sowing
ex 1002 00 00 Rye other than seed
1003 00 90 Barley other than seed
1004 00 00 Oats other than seed
1005 90 00 Maize (corn) other than seed1007 00 90 Grain sorghum, other than hybrids for sowing
ex 1008 10 00 Buckwheat other than seed
ex 1008 20 00 Millet other than seedex 1008 90 10 Triticale other than seed
ex 1008 90 90 Other cereals other than seed
1201 00 90 Soya beans other than for sowing1202 20 00 Shelled ground nuts
ex 1204 00 90 Linseed other than for sowing but intended for uses other than fibre production
ex 1205 00 90 Rape or colza seeds other than for sowing (only those types referred to in Articles 4(1) and 4(2)(a), (b)
and (e) of Commission Regulation (EC) No 2316/1999 (
2)
1206 00 91
1206 00 99Sunflower seeds other than for sowing
1207 30 90 Castor oil seeds other than for sowing
1207 40 90 Sesamum seeds other than for sowing
1207 50 90 Mustard seeds other than for sowing!B
!M2
!B1999R2461 — EN — 11.12.2000 — 002.001 — 17
CN code Brief description
1207 60 90 Safflower seeds other than for sowing
1207 99 99 Other oil seeds and oleaginous fruits other than for sowing
ex 1209 29 Bitter lupin
ex 1211 Plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in
pharmacy or for insecticidal, fungicidal or similar purposes, other than lavender, lavandin and sage
1212 91 Sugar beet (provided that sugar, as defined by Commission Regulation (EEC) No 1443/82, is not
produced from it, either as an intermediate product, co-product or by-product)
1212 99 10 Chicory roots (provided that they do not undergo the process known as hydrolysis as defined by
Commission Regulation (EEC) No 1443/82, either in their natural state or as an intermediate product
such as inuline, or as a by-product such as oligofructose, or as any co-products)
1214 Swedes, mangolds, fodder roots, hay, lucerne (alfalfa), clover, sainfoin, forage kale, lupins, vetches and
similar forage products
Chapter 14 Vegetable plaiting, stuffing or padding materials, or those used in brooms or brushes; vegetable
products not elsewhere specified or included (e.g. broomcorn ( Sorghum vulgare var.technicum ))
(1)OJ L 158, 9.6.1982, p. 17.
(2)OJ L 280, 30.10.1999, p. 43.!B
!M2
!B1999R2461 — EN — 11.12.2000 — 002.001 — 18
ANNEX II
RA W MATERIALS REFERRED TO IN CHAPTER III
CN code Brief description of products
ex 0602 90 41 Short rotation forest trees with a harvest cycle of 10 years or less
ex 0602 90 49 Trees, shrubs and bushes, producing plant material covered by CN code 1211 and by Chapter 14 of the
Combined Nomenclature, excluding all those which can be used for human or animal consumption
ex 0602 90 51 Outdoor multiannual plants (e.g. Miscanthus sinensis ) other than those wich can be used for human or
animal consumption, in particular those producing plant material covered by CN code 1211, other thanlavender, lavandin and sage, and by Chapter 14 of the Combined Nomenclature
ex 0602 90 59 Euphorbia lathyris ,Sylibum marianum andIsatis tinctoria
1211 90 95 Digitalis lanata ,Secale cornutum andHypericum perforatum , excluding plant material which can be
used for human or animal consumption!
B1999R2461 — EN — 11.12.2000 — 002.001 — 19
ANNEX III
End-products that may be manufactured from raw materials listed in Annexes I and II:
— all products falling within Chapters 25 to 99 of the Combined Nomenclature,
— all products falling within Chapter 15 of the Combined Nomenclature and intended
for uses other than human or animal consumption,
— products covered by CN code 2207 20 00 and intended for direct use in motor fuel
or for processing for use in motor fuel,
— packaging material covered by CN codes ex 1904 10 and ex 1905 90 90, on
condition that proof has been obtained that the products have been used for non-food purposes in accordance with Article 15(4) of this Regulation,
— mushroom spawn covered by CN code 0602 91 10,
— lac, natural gums, resins, gum-resins and balsams covered by CN code 1301,
— saps and extracts of opium covered by CN code 1302 11 00,— saps and extracts of pyrethrum or of the roots of plants containing rotenone
covered by CN code 1302 14 00,
— other mucilages and thickeners covered by CN code 1302 39 00,
— all agricultural products listed in Annex I and products derived therefrom by an
intermediate process and used as fuel for energy production,
— all products listed in Annex II and products derived therefrom and intended for
energy purposes,
— Miscanthus sinensis falling within CN code 0602 90 51, shredded, intended for use
as horse litter, mulch, additives to improve compost and litter for the drying andcleaning of plants,
— all products referred to in Commission Regulation (EEC) No 1722/93 (
1), as last
amended by Regulation (EC) No 87/1999 (2), on condition that they are not
obtained from cereals or potatoes cultivated on land set aside and that they do notcontain products derived from cereals or potatoes cultivated on land set aside,
— all products referred to in Council Regulation (EEC) No 1010/86 (
3), as last
amended by Commission Regulation (EC) No 1148/98 (4), on condition that they
are not obtained from sugarbeet cultivated on land set aside, and that they do notcontain products derived from sugarbeet cultivated on land set aside.!
B
(1) OJ L 159, 1.7.1993, p. 112.
(2) OJ L 9, 5.1.1999, p. 8.
(3) OJ L 94, 9.4.1986, p. 9.
(4) OJ L 159, 3.6.1998, p. 38.!M2
!B1999R2461 — EN — 11.12.2000 — 002.001 — 20