1994R1868 — EN — 01.07.2002 — 005.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No1868/94
of27July1994
establishingaquotasysteminrelationtotheproductionofpotatostarch
(OJ L 197, 30.7.1994, p. 4)
Amended by:
Official Journal
No page date
►M1CommissionRegulation(EC) No 1664/95 of 7 July 1995 L 158 13 8.7.1995
►M2Council Regulation (EC) No 1863/95 of 17 July 1995 L 179 1 29.7.1995
►M3Council Regulation (EC) No 1284/98 of 16 June 1998 L 178 3 23.6.1998
►M4Council Regulation (EC) No 1252/1999 of 17 May 1999 L 160 15 26.6.1999
►M5Council Regulation (EC) No 962/2002 of 27 May 2002 L 149 1 7.6.2002
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)No1868/94
of27July1994
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, andinparticular Articles 42 an d 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 asn ecessary inthe potato starch sector as inother 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 onthe average armoun t of potato
starch produced inthat Member State inthe marketin g 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 Länderbefore 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 90000 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 metwithinthe limit of the quota allocates to German y; 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,onthe basis of the average starch produced by them durin g 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 — 01.07.2002 — 005.001 — 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.
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by those undertakings prior to 31 January 1994 in relation to the
productionof potato starch;
Whereas in order to take account of possible restucturing of the market
inpotato starch produktionthe Commissionshall at the en d 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 inexcess 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 productionof 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 168215
Germany 656298
Spain1 943France 265354Netherlands 507403
Austria 47691
Finland 53178Sweden62066
Total 1762148
2. Each producer Member State shall allocate the quota referred to
inparagraph 1 betweenpotato starch man ufacturers for use inthe2002/2003, 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 — 01.07.2002 — 005.001 — 3
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Article 3
1. Onor before 30 September 2004, an d thereafter at three-yearly
intervals, the Commission shall present to the Council a report on the
allocation of quota within the Community, accompanied by appropriate
proposals. This report shall take account of possible changes in thepayments to potato producers and of developments on the potato starchand cereal starch markets.
2. Onor before 31 December 2004, an d thereafter at three-yearly
intervals, the Council, acting on the basis of Article 37 of the Treaty,
shall allocate the quota betweenMember States onthe basis of the
report referred to inparagraph 1 for use inthe followin g 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 quan tity of starch inexcess of its quota, referred to inArticle2 (2).
Article 5
A premium of ►
M1ECU 22,25 ◄per tonne of starch produced shall
be paid to undertakings producing potato starch for the quantity ofpotato starch up the quota limit referred to inArticle 2 (2), provided
that they have paid to potato producers the minimum price, referred to
inArticle 8 (1) of Regulation(EEC) No 1766/92(
1), for all the potatoes
necessary to produce starch up to that quota limit.
Article 6
1.►M2 ◄Any potato starch produced in excess of
the quota refrred to inArticle 2 (2) shall be exported, as such, fromthe Community before 1 January following the end of the marketingyear inquestion .
No export refund shall be paid in respect of it.
2.►
M2Notwithstanding ◄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 followingmarketing year shall be reduced accordingly.
Article 7
This Regulation shall not cover production of potato starch by under-
takings which neither purchase potatoes which have benefited from
the payment 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 applicationof this Regulationshall 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 commencementor cessation of trading of undertakings, and any specific measures1994R1868 — EN — 01.07.2002 — 005.001 — 4
(1) OJ No L 181, 1. 7. 1992, p. 21. Regulationas last amen ded by Regulation
(EC) No 1866/94 (see page 1 of this Official Journal).▼B
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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 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
inall Member States.1994R1868 — EN — 01.07.2002 — 005.001 — 5