1995R0603 — EN — 01.05.2004 — 003.001 — 1
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►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
►M3Council Regulation (EC) No 806/2003 of 14 April 2003 L 122 1 16.5.2003
Amended by:
►A1Act 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 EuropeanUnion 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).
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COUNCILREGULATION(EC)No603/95
of21February1995
onthecommonorganizationofthemarketindriedfodder
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
inparticular Article 42 an d 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas Regulation(EEC) No 1117/78 (3) set up a commonorgan iza-
tionof the market indried fodder; whereas Regulation(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; whereas the rate for fodder which is artificially heat-dried
should be higher than that for sun-dried fodder in order to take into
account the additional costs involved;
Whereas in order to limit Community dried fodder production, the
amount for which aid may be granted should be subject to maximumlimits;
Whereas two different maximum guaranteed quantities (MGQ) should
be fixed, one for artificially heat-dried fodder and another for sun-dried;
Whereas these MGQs should be distributed betweenMember States on
an equitable basis taking into account, in particular, the average of theirproductionfor which aid was received un der Article 5 (2) of Regula-
tion (EEC) No 1117/78 in the marketing years 1992/93 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 anovershoot, the aid for dried fodder should be reduced; whereasthat reductionshould equally be applied inall Member States for the
first 5 % by which the MGQ is exceeded; whereas inthe even t of a
larger excess, those Member States which have exceeded their nationalguaranteed quantities should subject to an additional reduction;
Whereas the final amount of the aid cannot be paid until it has been
calculated whether the MGQ has beenexceeded; whereas it is therefore
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 amounts appearing in Article 6 have become provisional;
whereas, inorder to meet this request, the Coun cil 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 canbe adopted as soonas possible;
Whereas the marketing year for dried fodder for which aid is paid
should be from 1 April each year to 31 March of the following year
as productioninsouthernMember States commen ces already inApril;
Whereas criteria relative to the minimum quality of dried fodder
entitled to aid should be determined;1995R0603 — EN — 01.05.2004 — 003.001 — 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. Regulationas last amen ded 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. Regulationas last amen ded by Regulation
(EEC) No 1110/89 (OJ No L 118, 29. 4. 1989, p. 1).
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Whereas, inorder to en courage a regular supply of greenfodder 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;
Whereas the contracts should, 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 contracts include certain information;
Whereas processing undertakings should fulfil certain conditions neces-
sary for entitlement to aid; whereas these undertakings should therefore
keep 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 thelatter 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 to
enable 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 closecooperationbetweenMember States an d the CommissionwithinaManagement Committee;
Whereas, under the Uruguay Round of multilateral trade negotiations,
the Community has negotiated various agreements (hereinafter referredto as the ‘GATT agreements’); whereas several of those agreements
concern 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 applicationof protective clauses as in corporated inthe market orga-nizations, the safeguard clause applicable to dried fodder should besupplemented 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
rules on trade with third countries coincides with the date on which theobligations for the Community resulting from the Multilateral TradeNegotiations of the Uruguay Round take effect;
Whereas Regulations (EEC) No 1117/78 and (EEC) No 1417/78 should
be repealed, with the exceptionfor the former of certainarticles whichshall remaininforce un til the date of applicationof the legislation
enforcing the results of the negotiations of the Uruguay Round,
HAS ADOPTED THIS REGULATION:
Article 1
There shall be a commonorgan izationof the market indried fodder
covering the following products:
CN code Description
a) ex 12141000 — Flours and pellets of lucerne artificially heat-dried
— Flour and pellets of lucerne otherwise dried and ground
ex 12149091 and
ex 12149099— 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 ground
b) ex 23099098 — Protein concentrates obtained from lucerne juice and from grass juice
— Dehydrated products obtained exclusively from solid residue and juice
resulting from the preparation of the concentrates referred to in the first
indent1995R0603 — EN — 01.05.2004 — 003.001 — 3
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Article 2
The marketing year for the products referred to in Article 1 shall 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 products listed 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 products listed 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 517223 tonnes of dehydrated fodder for which the aid referred to inArticle 3(2) may be granted is hereby established.
2. The MGQ referred to inparagraph 1 is divided as follows
betweenthe Member States:
NationalGuaranteedQuantity(NGQ)
(tonnes)
BLEU 8 000
Czech Republic 27942Denmark 334000Germany 421000Greece 32000Spain1 224000France 1 455000Ireland 5 000Italy 523000Lithuania 650Hungary 49593Netherlands 285000Austria 4 400Poland 13538Portugal 5 000Slovakia 13100Finland 3 000Sweden11000United Kingdom 1020001995R0603 — EN — 01.05.2004 — 003.001 — 4
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3. A Maximum Guaranteed Quantity (MGQ) per marketing year of
443500 tonnes of sun-dried fodder for which the aid referred to inArticle 3 (3) may be granted is hereby established.
4. The MGQ referred to inparagraph 3 shall be divided as follows
betweenthe Member States:
NationalGuaranteedQuantity(NGQ)
(tonnes)
BLEU -
Denmark -Germany -Greece 5 500Spain101000France 150000Ireland -Italiy 162000Netherlands -Austria -Portugal 25000Finland -Sweden-United Kingdom -
Article 5
Where the amount of dried fodder for which aid is claimed under
Article 3 (2) or 3 (3) in any marketing year exceeds the MGQ referredto inArticle 4 (1) or 4 (3) respectively, the aid to be paid inthat yearshall be calculated as follows:
— for the first 5 % by which the MGQ is exceeded, the aid shall be
reduced in all Member States by an amount which is proportionate
to that excess,
— for any excess beyond 5 % additional reductions shall be made in
any Member State in which production exceeds the NGQ increased
by 5 % proportionate to this excess.
The reductionto be applied shall be set by the Commissioninaccor-
dance with the procedure laid down in Article 17 and shall be such asto ensure that expenditure expressed in agricultural ecu does not exceedthat what would have been attained if the relevant MGQ had not been
exceeded.
Article 6
1. Undertakings processing dried fodder which apply for aid under
this Regulation shall 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) is claimed, or ECU 55,06 per tonne if they havelodged 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) is claimed, or ECU 30,91 per tonne if they havelodged a security of ECU 7,73 per tonne.
Member States shall carry out the necessary checks to ensure that enti-
tlement to the advance is justified. Once entitlement to the payment isestablished, payment of the advance shall be made.1995R0603 — EN — 01.05.2004 — 003.001 — 5
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However, the advance may be paid before entitlement has been estab-
lished where a security equal to the amount of the advance, plus 10 %,has been lodged by the processing undertaking. Such security shall
cover any other security that may have been lodged in accordance
with the first or second indent of the first subparagraph. That securityshall be reduced to the level provided for under the said first or secondindent as soon as entitlement to aid is established and shall be totallyreleased 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 has been made, a balance shall 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 anadvan ce has beenmade which exceeds the 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 theadvance as constituted an overpayment.
Article 7
Member States shall communicate to the Commission, at the latest by
31 May of each year the quantities of dried fodder eligible for aidunder Article 3 (2) and Article 3 (3) in the preceding marketing year.
Article 8
The aid provided for inArticle 3 shall be gran ted, onapplicationfrom
the party concerned, in respect of dried fodder having left processingundertakings and 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 % inthe case of the products listed inArticle 1 (a) an d the
second indent of Article 1 (b),
— 45 % inthe case of the products listed inthe first in den t 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 inaccordan ce with the procedure laid downinArticle 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 quantities of green fodder and, where applicable,
sun-dried fodder; however, where the particular circumstancesof the undertaking so require, the quantities may be estimatedonthe basis of areas sown ,
— the quantities of dried fodder produced and the quantities and
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:
— untertakings which have concluded contracts with producers of
fodder for drying,1995R0603 — EN — 01.05.2004 — 003.001 — 6
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— untertakings which have processed their own crops or, in the
case of groups, those of their members,
— untertakings which have obtained their supplies from legal or
natural persons providing certain guarantees to determined,who have concluded contracts with producers of fodder fordrying; these legal or natural persons shall be buyers approved
by the competent authorities of the Member States in which the
fodder is harvested, under conditions laid down pursuant to theprocedure provided for inArticle 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 the
fodder harvest of which is to be processed to the competent authorities
of the Member States by 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 producers for 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 terms of supply and payment.
2. Where contracts as referred to in the first 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 processingundertakings to pay the producers the aid specified 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 conditions laid down in the preceding Articles are met,
— the quantities covered by aid applications correspond to the quanti-
ties of dried fodder of the minimum quality which leave theundertakings.
2. The dried fodder shall be weighed and samples taken when it
leaves the processing untertakings.
3. The Member States shall forward to the Commissionthe 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
CommonCustoms Tariff shall apply to the products listed inArticle 1.
Article 14
1. The general rules for the interpretation of the combined nomen-
clature and the special rules for its application shall apply to the tariffclassificationof the products covered by this Regulation ; the tariffnomenclature resulting from the application of this Regulation shall beincorporated in the combined nomenclature.
2. Save as otherwise provided for inthis Regulationor pursuan t to a
provisionthereof, the followin g shall be prohibited intrade with thirdcountries:1995R0603 — EN — 01.05.2004 — 003.001 — 7
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— the levying of any charge having equivalent effect to a customs
duty,
— the application of any quantitative restriction or measure having
equivalent effect.
Article 15
1. If, by reason of an increase in imports or exports, the Community
market inon e or more of the products listed inArticle 1 is affected by,or is threatened with, serious disturbance likely to jeopardize theachievement of the objectives set out in Article 39 of the Treaty, theCommissionmay apply appropriate measures intrade 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 definethe cases and limits within which the Member States may take interimprotective measures.
2. If the situationreferred to inparagraph 1 arises, the Commission
shall, at the request from a Member State or onits ownin itiative,decide upon the necessary measures; the Member States shall be noti-fied of such measures, which shall be immediately applicable. If theCommissionreceives a request from a Member State, it shall take adecision thereon within three working days following receipt of the
request.
3. Measures decided uponby the Commissionmay be referred to
the Council by any Member State within three working days of theday on which they were notified. The Council shall meet withoutdelay. It may, acting by a qualified majority, amend or annul the
measure inquestion .
4. This Article shall be applied incomplian ce with the obligation s
arising from agreements concluded in accordance with Article 228 (2)of the Treaty.
TITLE III
General provisions
Article 16
Save as otherwise provided in this Regulation, Articles 92, 93 and 94
of the Treaty shall apply to the productionof an d trade inthe productsreferred to inArticle 1.
Article 17
1. The Commissionshall be assisted by a committee.
2. Where reference is made to this Article, Articles 4 and 7 of Deci-
sion1999/468/EC (
1) shall apply.
The period laid downinArticle 4(3) of Decision1999/468/EC shall be
set at one month.
3. The Committee shall adopt its Rules of Procedure.
Article 18
In accordance with the procedure laid down in Article 17 the following
shall be adopted:
(a) detailed rules for the applicationof this Regulation , inparticular
those related to:1995R0603 — EN — 01.05.2004 — 003.001 — 8
(1) OJ L 184, 17.7.1999, p. 23.▼M3
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— 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 inArticle 6 (1),— the criteria for determining the minimum quality,
— the conditions to be fulfilled by the undertakings referred to in
the second indent of Article 9 (c), as well as the conditions
referred to inArticle 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 downinthis 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 is hereby repealed with the excep-
tion of Articles 7 and 8 which shall remain in force until 30 June 1995.
2. Regulation(EEC) No 1417/78 is hereby repealed.
3. References to Regulations repealed pursuant to paragraphs 1 and
2 are to be construed as being made to this Regulation.
Article 21
This Regulation shall enter into force on the day of its publication in
theOfficial JournaloftheEuropeanCommunities .
It shall apply from 1 April 1995 with the exceptionof Title II, which
shall apply as from 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1995R0603 — EN — 01.05.2004 — 003.001 — 9
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