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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
"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
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) and Council Regulation(EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).1994R1868 — EN — 01.07.2000 — 004.001 — 1
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, and in
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 during the 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 theCommunity exceeded 1,5 million tonnes in the marketing year 1993/94 or
1994/95; whereas production in 1993/94 exceeded 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 neverthelessbe compatible with the control of production, which is as necessary 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 of the
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 inthat Member State in the marketing years 1990/91, 1991/92 and 1992/93 for
which premium was received, proportionately adjusted having regard to a total
Community quota of 1,5 million tonnes;
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 structures and necessary
investments justifies the use of a different reference 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 investments irreversibly undertaken before 31 January 1994, if
this cannot be met within the limit of the quota allocates to Germany; whereasthese ammounts 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 ofthe 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 the same basis, at the choice of the
Member State, and investments made by those undertakings prior to 31January 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 report to the Council on
quota allocations accompanied, if necessary, by appropriate proposals;whereas at that time the case of new potato-starch producers will beexamined;!B
(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. 4.1994R1868 — EN — 01.07.2000 — 004.001 — 2
Whereas specific structural constraints on the starch production sector make it
necessary to establish a premium for the production of potato starch up to thelevel of an undertaking’ s quota; whereas, in order to protect potato producers,payment of the premium shall be dependent upon payment of the minimum
price of the quantity of potatoes needed to produce starch up to the level of the
quota;
Whereas undertakings producing potato starch shall not conclude cultivation
contracts with potato producers in relation to a quantity of potatoes whichwould produce starch in excess of their quota; whereas any starch produced in
excess of that quota shall be exported from the Community 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 following producer Member States are hereby allocated quotas for
the production of potato starch within the following limits for the 1998/1999,1999/2000
"M4 3marketing years:
Denmark 178 460 tonnes
Germany 696 271 tonnesSpain 2 000 tonnesFrance 281 516 tonnesNetherlands 538 307 tonnesAustria 49 100 tonnesFinland 54 750 tonnesSweden 63 900 tonnes
1 864 304 tonnes.
2. Each producer Member State shall allocate the quota referred to in
paragraph 1 to undertakings producing potato starch for use in the 1998/99,1999/2000
"M4 3 marketing years on the basis of the
sub-quotas used for the 1995/96 marketing year, with the exception of
Germany, for which account shall be taken of transfers of sub-quotas as aresult of mergers and of additional allocations of sub-quotas from the reservemade in 1997/98.
The sub-quotas used for each undertaking producing potato starch shall be
adjusted, for the 1998/99 marketing year, to take account of any amount
utilised in excess of quota during the 1997/98 marketing year under
Article 6(2).!B
!M31994R1868 — EN — 01.07.2000 — 004.001 — 3
3.The producer Member States set out below shall be allocated the
following quotas for the production of potato starch for the 2000/2001 and
2001/2002 marketing years:
2000/2001 2001/2002
Denmark 173 439 tonnes 168 215 tonnes
Germany 676 680 tonnes 656 298 tonnesSpain 1 972 tonnes 1 943 tonnes
France 273 595 tonnes 265 354 tonnes
The Netherlands 523 161 tonnes 507 403 tonnesAustria 48 409 tonnes 47 691 tonnes
Finland 53 980 tonnes 53 178 tonnes
Sweden 63 001 tonnes 62 066 tonnes
TOTAL 1 814 237 tonnes 1 762 148 tonnes
4. Each producer Member State shall allocate the quota referred to in
paragraph (3) between undertakings producing potato starch for use in the
2000/2001 and 2001/2002 marketing years in proportion to the sub-quotas
available to each undertaking for the 1999/2000 marketing year beforeapplication of a possible correction under Article 6(2).
The sub-quotas of each undertaking for the 2000/2001 marketing year shall be
adjusted to take account of any amount used in excess of quota during the
1999/2000 marketing year in accordance with Article 6(2).
Article 3
1. On or before 31 October 2001 and thereafter at three-yearly intervals, the
Commission shall present to the Council a report on the allocation of quota
within the Community, accompanied if necessary by appropriate proposals.
This report shall take account of possible changes in the compensatorypayment as well as of the development of the potato and cereal-starch market.
2. On or before 31 December 2001 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 the report referred to inparagraph 1, for use in the following three marketing years.
3. On or before 31 January 2002 and thereafter at three-yearly intervals,
Member States shall notify those concerned of the details of quota allocations
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 would
produce a quantity of starch in excess of its quota, referred to in Article 2 (2).
Article 5
A premium of
"M1ECU 22,25 3per tonne of starch produced shall be
paid to undertakings producing potato starch for the quantity of potato starchup the quota limit referred to in Article 2 (2), provided that they have paid to
potato producers the minimum price, referred to in Article 8 (1) of Regulation
(EEC) No 1766/92 (
1), for all the potatoes necessary to produce starch up to
that quota limit.!M4
(1) OJ No L 181, 1. 7. 1992, p. 21. Regulation as last amended by Regulation (EC) No
1866/94 (see page 1 of this Official Journal).!B1994R1868 — EN — 01.07.2000 — 004.001 — 4
Article 6
1."M2 3Any potato starch produced in excess of the
quota refrred to in Article 2 (2) 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."M2Notwithstanding 3 paragraph 1, an undertaking producing
potato starch may, in any marketing year, in addition to its quota for that year,
utilize no more than 5 % of its quota relating to the following 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 neither purchase potatoes which have benefited from
the compensatory aid referred to in Article 8 of Regulation (EEC) No 1766/92nor benefit from the refund referred to in Article 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 in the case of
mergers, changes of ownership and the commencement or cessation of trading
of undertakings, and any specific measures necessary to facilitate thetransition 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 as being
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.!B1994R1868 — EN — 01.07.2000 — 004.001 — 5