1994R1868 — EN — 01.05.2004 — 007.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►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
►M1 Commission Regulation (EC) No 1664/95 of 7 July 1995 L 158 13 8.7.1995
►M2 Council Regulation (EC) No 1863/95 of 17 July 1995 L 179 1 29.7.1995
►M3 Council Regulation (EC) No 1284/98 of 16 June 1998 L 178 3 23.6.1998
►M4 Council Regulation (EC) No 1252/1999 of 17 May 1999 L 160 15 26.6.1999
►M5 Council Regulation (EC) No 962/2002 of 27 May 2002 L 149 1 7.6.2002
►M6 Council Regulation (EC) No 1782/2003 of 29 September 2003 L 270 1 21.10.2003
Amended by:
►A1 Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,the Republic of Lithuania, the Republic of Hungary, the Republic ofMalta, the Republic of Poland, the Republic of Slovenia and the SlovakRepublic and the adjustments to the Treaties on which the European
Union is foundedL 236 33 23.9.2003
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
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,
Having regard to the Treaty establishing the European Community, andin particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commision (
1),
Having regard to the opinion of the European Parliament (2),
Having regard 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 duringthe 1993/94, 1994/95 and 1995/96 marketing years (
4) provided for the
Council to decide what measures to take if the production of potato
starch within the Community exceeded 1,5 million tonnes in the
marketing year 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, applying in 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 asnecessary in the potato starch sector as in other sectors;
Whereas the measure controlling production 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 potato
starch produced in that Member State in the marketing years 1990/91,1991/92 and 1992/93 for which premium was received, proportionatelyadjusted having regard 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 marketing years 1995/96,1996/97 and 1997/98;
Whereas in the case of Germany, the change from the planned
economy existing in the new Länder before reunification to a market
economy with the consequent change in agricultural production struc-tures and necessary investments justifies the use of a differentreference year, namely 1992/93, and the increase of the amount
produced in that year by 90 000 tonnes, together with the creation of
a reserve for Germany to cover production resulting from investmentsirreversibly undertaken before 31 January 1994, if this cannot be metwithin the limit of the quota allocates to Germany; whereas theseammounts cannot be accommodated within a Community quota of1,5 million tonnes; whereas it is therefore 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 the
marketing years 1990/91, 1991/92 and 1992/93 and for which premium
was received, or the amount of starch produced in 1992/93 only an thesame basis, at the choice of the Member State, and investments made1994R1868 — EN — 01.05.2004 — 007.001 — 2
(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.
▼B
by those undertakings prior to 31 January 1994 in relation to the
production of potato starch;
Whereas in order to take account of possible restucturing of the market
in potato starch produktion the Commission shall at the end of the
three-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 potato
starch up to the level of an undertaking's quota; whereas, in order to
protect 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 of
potatoes which would produce starch in excess of their quota; whereas
any starch produced in excess of that quota shall be exported from theCommunity without benefiting from 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 potato starch producer Member States listed below are
hereby allocated the following quotas for the 2002/2003, 2003/2004
and 2004/2005 marketing years:
(tonnes)
Denmark 168 215
Germany 656 298
Spain 1 943France 265 354Netherlands 507 403
Austria 47 691
Finland 53 178Sweden 62 066
Total 1 762 148
2. Each producer Member State shall allocate the quota referred to
in paragraph 1 between potato starch manufacturers for use in the2002/2003, 2003/2004 and 2004/2005 marketing years in proportion to
the subquotas available to each manufacturer for the 2001/2002
marketing year before application of a possible correction under Article6(2).
The subquotas available for each manufacturer for the 2002/2003
marketing year shall be adjusted to take account of any amount usedin excess of quota during the 2001/2002 marketing year in accordancewith Article 6(2).1994R1868 — EN — 01.05.2004 — 007.001 — 3
▼M5
▼A1
3. The potato starch producer Member States listed below are
hereby allocated the following quotas for the 2004/2005 marketingyear:
(tonnes)
Czech Republic 33 660
Estonia 250Latvia 5 778
Lithuania 1 211
Poland 144 985Slovakia 729
Total 186 613
4. Each producer Member State shall allocate the quota referred to
in paragraph 3 between undertakings producing potato starch, for usein the marketing year 2004/2005, in particular on the basis of theaverage amount of potato starch produced by them in the period1999-2001 for the Czech Republic, Estonia, Latvia, Poland, Slovakia,
1998-2000 for Lithuania, and taking into account irreversible invest-
ments made by those undertakings prior to 1 February 2002.
Article 3
1. On or before 30 September 2004, and thereafter at three-yearly
intervals, the Commission shall present to the Council a report on theallocation of quota within the Community, accompanied by appropriate
proposals. This report shall take account of possible changes in the
payments to potato producers and of developments on the potato starchand cereal starch markets.
2. On or before 31 December 2004, and thereafter at three-yearly
intervals, the Council, acting on the basis of Article 37 of the Treaty,shall allocate the quota between Member States on the basis of thereport referred to in paragraph 1 for use in the following threemarketing years.
3. On or before 31 January 2005, and thereafter at three-yearly inter-
vals, Member States shall notify those concerned of the details of quotaallocations for the following three marketing years.
Article 4
An undertaking producing potato 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) or 2(4).
Article 4a
A minimum price for potatoes intended for the manufacture of potato
starch shall be set at EUR 178,31 per tonne from the 2004/2005
marketing year onwards.
This price applies to the quantity of potatoes, delivered to the factory,
which is needed for making one tonne of starch.
The minimum price shall be adjusted according to the starch content of
the potatoes.1994R1868 — EN — 01.05.2004 — 007.001 — 4
▼M5
▼A1
▼M6
▼A1
Article 5
A premium of EUR 22,25 per tonne of starch produced shall be paid to
undertakings producing potato starch for the quantity of potato starch
up to the quota limit referred to in Article 2(2) or 2(4), provided that
they have paid to potato producers the minimum price, referred to inArticle 8(1) of Regulation (EEC) No 1766/92 (*), for all the potatoesnecessary to produce starch up to that quota limit.
Article 6
1. Any potato starch produced in excess of the quota referred to in
Article 2(2) or 2(4) shall be exported, as such, from the Community
before 1 January following the end of the marketing year in question.
No export refund shall be paid in respect of it.
2.►
M2 Notwithstanding ◄paragraph 1, an undertaking produ-
cing potato starch may, in any marketing year, in addition to its quotafor that year, utilize no more than 5 % of its quota relating to thefollowing marketing year. In such case, the quota for the following
marketing year shall be reduced accordingly.
Article 7
The provisions of this Regulation shall not cover production of potato
starch by undertakings which are not subject to Article 2(2) of thisRegulation and which purchase potatoes for which producers do notbenefit from the payment provided for in Article 93 of Council Regula-tion (EC) No 1782/2003 of 29 September 2003 establishing common
rules for direct support schemes under the common agricultural policy
and establishing certain support schemes for farmers (
1).
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 applicablein the case of mergers, changes of ownership and the commencementor cessation of trading of undertakings, and any specific measures
necessary to facilitate the transition from the system in force to that
eastablished 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 asbeing references to this Regulation.
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.1994R1868 — EN — 01.05.2004 — 007.001 — 5
(1) OJ L 270, 21.10.2003, p. 1▼B
▼A1
▼B
▼M6
▼B