1999R2461 — EN — 01.03.2002 — 004.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No2461/1999
of19November1999
layingdowndetailedrulesfortheapplicationofCouncilRegulation(EC)No1251/1999asregards
theuseoflandsetasidefortheproductionofrawmaterials
(OJ L 299, 20.11.1999, p. 16)
Amended by:
OfficialJournal
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 21.11.2000
►M3 Commission Regulation (EC) No 587/2001 of 26 March 2001 L 86 15 27.3.2001
►M4 Commission Regulation (EC) No 345/2002 of 25 February 2002 L 55 10 26.2.2002
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COMMISSIONREGULATION(EC)No2461/1999
of19November1999
layingdowndetailedrulesfortheapplicationofCouncilRegulation
(EC) No 1251/1999 as regards the use of land set aside for the
productionofrawmaterials
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to CouncilRegul ation (EC) No 1251/1999 of 17 May
1999 establishing a support system for producers of certain arablecrops (
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 byCouncilRegul ation (EEC) No 1765/92 (
2), it is necessary to
amend, in accordance with the new scheme and in the light of theexperience gained, Commission Regulation (EC) No 1586/97 of
29 July 1997 laying down detailed implementing rules for the use
of set-aside land for the provision of materials for themanufacture within the Community of products not primarilyintended for human or animalconsumption (
3). On the occasion of
those amendments, and for reasons of clarity, that Regulation
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 setaside to be used for the production of raw materials intended forthe manufacture within the Community of products not intended
for direct human or animalconsumption, provided that effective
controls are applied;
(3) those raw materials and their end uses should be defined; the rawmaterials and the end products that may be obtained from such
materials should be limited in order to safeguard traditional
markets without reducing the scope for identifying new outlets forsuch raw materials; a distinction should be made between thoseraw materials that can potentially be used for human or animalconsumption and those 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 of affecting the markets for sugarand cereals; care should nonetheless be taken to ensure that suchcrops comply with the rules governing the use of land set asidefor the production of non-food products; in order to prevent any
speculation and to ensure that the raw materials are processed into
the intended end products, a security must be lodged even thoughno payment is made;
(4) the role of all principal parties involved in the market need to bedefined clearly; it is essential that an explicit distinction be drawn
between the applicant's obligations, which end once the total
quantity of raw materialharvested is del ivered, and theobligations, including the requirement concerning securities,incumbent on collectors, first processors and any subsequentprocessors, which commence at the time of delivery and are
extinguished when the raw materials are processed into the
intended non-food end products; the amount of the securitylodged should be high enough to prevent any risk of the rawmaterials ending up in use for human or animal consumption;reference should be made to Council Regulation (EEC) No 3508/92 of 27 November 1992 establishing an integrated administration1999R2461 — EN — 01.03.2002 — 004.001 — 2
(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.
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and controlsystem for certain Community aid schemes (1), as last
amended by Regulation (EC) No 1036/1999 (2), and to Commis-
sion Regulations (EEC) No 2220/85 of 22 July 1985 laying down
common detailed rules for the application of the system of
securities for agricultural products (3), as last amended by
Regulation (EC) No 1932/1999 (4), and (EEC) No 3887/92 of
23 December 1992 laying down detailed rules for applying theintegrated administration and controlsystem for certain Commu-
nity aid schemes (
5), as last amended by Regulation (EC) No
1678/98 (6), which impose horizontalrul es on the subject; special
provisions should be laid down to cover biennial crops in view ofthe length of the production cycle;
(5) a method should also be laid down for assessing those productsdeemed not for human or animalconsumption and those whichare intended for such uses, in order to determine the ratio between
those two 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 becovered, compulsorily, by contracts between the agriculturalproducer (hereinafter referred to as ‘the applicants’) and the firstprocessor or collector; pursuant to Article 6(9) of Regulation(EEC) No 3508/92, such contracts are to be regarded as formingan integralpart of area-aid appl ications; experience has shown
that, for the purposes of inspection, before any payment is made,
such contracts should be presented by the applicants as well as bythe collectors or first processors, to the relevant competentauthorities; different dates of submission may be laid downdepending on the sowing periods; in specific circumstances, the
Member States may allow certain raw materials to be processed
direct by the producers themselves on their holdings;
(7) it should be made clear that intermediate products or by-productsobtained 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 Stateother than that in which the raw materialis harvested, theMember States need to inform each other of the transaction so
that suitable checks may be conducted;
(8) in the interests of verification, applicants should be required to
declare the areas involved, the anticipated yields and thequantities harvested. The yields shown in contracts concludedbetween applicants and collectors or first processors, as the casemay be, must be at least equal to the yields forecast. In the case ofraw materials that can be bought into 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 representative local yield should be fixed.The localities on the basis of which the representative local yieldsare calculated can, but need not necessarily, be coextensive withthe regions mentioned in the regionalisation plans provided for in
Regulation (EC) No 1251/1999. Checks of such raw materials
will be more effective if the quantities delivered correspond tosuch representative yields. In duly justified cases, a shortfall maybe allowed;
(9) the whole quantities of raw materials harvested on areas coveredby contracts should be delivered to the first processors orcollectors. To ensure that this condition is met, applicants should
be required to submit a declaration to the relevant competent
authorities. Applicants need to inform the competent authoritiesshould they be unable to deliver all or part of the quantity of raw1999R2461 — EN — 01.03.2002 — 004.001 — 3
(1) OJ L 355, 5.12.1992, p. 1.
(2) OJ L 127, 21.5.1999, p. 4.
(3) OJ L 205, 3.8.1985, p. 5.
(4) OJ L 240, 10.9.1999, p. 11.
(5) OJ L 391, 31.12.1992, p. 36.
(6) OJ L 212, 30.7.1998, p. 23.
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material stipulated in the contract. Contracts should be amended
or terminated in the event of special circumstances falling outsidenormalagricul turalconditions. 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 shouldbe clearly defined;
(10) the scheme would be more in line with commercial practice if thecollectors or first processors, as the case may be, were allowed to
change the end uses envisaged and shown in contracts, after the
applicants have delivered the raw materials covered by thisRegulation, provided that the scheme is effectively verified;
(11) in order to comply with the Memorandum of Understanding onoilseeds between the European Economic Community and the
United States of America within the framework of the GATT, as
approved by CouncilDecision 93/355/EEC (
1), a monitoring
system should be introduced to assess the quantities, in soya-bean-mealequival ent, of by-products intended for human oranimalconsumption and obtained from col za seed, rapeseed,sunflower seed or soya beans grown on land set aside for purposes
other than production for human or animalconsumption;
(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 involvingraw 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 controlsshould entail the use of declarations and T5 control copies to beissued in accordance with Commission Regulation (EEC) No2454/93 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 ofthe 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 thatcannot in any circumstances be used for human or animalconsumption;
(16) application of this scheme should take account of specialconditions obtaining in certain Member States, in particular asregards controls, public health, the environment and criminal lawprovisions, without thereby accentuating the differences as to themanner in which such factors 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 by the Member Stateconcerned;
(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 forrural development from the European Agricultural Guidance andGuarantee Fund (EAGGF) and amending and repealing certainRegulations (
4), or CouncilRegul ation (EC) No 1258/1999 of 17
May 1999 on the financing of the common agricultural policy (5);1999R2461 — EN — 01.03.2002 — 004.001 — 4
(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.
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(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 itsactualappl ication in the Member States;
(19) the system provided for in Regulation (EC) No 1251/1999 willapply from the 2000/2001 marketing year; whereas, so that theproducers concerned can carry out sowing and submit theircontracts and applications for area payments in respect of that
marketing year in full knowledge of, and in compliance with, the
rules on the application of the new arrangements, this Regulationshould enter into force immediately 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,
HAS ADOPTED THIS REGULATION:
CHAPTER I
Aimanddefinitions
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
in accordance with Article 6(3) thereof for the production of the raw
materials listed in Annexes I and II to this Regulation and intended forthe 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, subject to 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 or II.
However, the cultivation of such raw materials shall be deemed
compatible with those provisions. Furthermore, by way of derogationfrom 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 and chicory roots grown on land set aside in the same wayas if such a payment were 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 inAnnex 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 theproducts listed in Annex III.1999R2461 — EN — 01.03.2002 — 004.001 — 5
(1) OJ L 280, 30.10.1999, p. 43.
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CHAPTER II
Rawmaterialswhichneedtobecovered byacontract
Section 1
Useofrawmaterial —Contractandapplicationforpayment
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
are intended primarily for use in the manufacture of the end products
listed in Annex III. The economic value of non-food products obtainedby processing such raw materials as determined by the valuation methodset out in Article 13(3) shall be higher than that of all other productsintended for human or animalconsumption and obtained by such
processing.
1a. In the case of a hemp crop, payment shall also be subject to the
use of varieties whose tetrahydrocannabinolcontent does not exceed0,2 % and which are listed in Annex XII to Regulation (EC) No 2316/1999 on 15 May preceding the marketing year for which the payment issought. The seeds of these varieties must have been certified in
accordance with CouncilDirective 69/208/EEC (
1).
With a view to the controls laid down in Article 21a of this Regulation,
the hemp must continue growing for at least a further 10 days afterflowering. However, the Member State may permit the hemp to be
harvested before this 10-day deadline if the producer in question has
already been checked under Article 21a or if all the controls underArticle 21a have been completed.
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 anequivalent quantity of such raw materials is used within the Communityfor the manufacture of one or more end products listed in Annex III.
Where the collector or first processor uses the raw material actually
harvested to manufacture an intermediate product or a by-product, hemay use an equivalent quantity of such intermediate products or by-products to manufacture one or more end products as referred to inAnnex III.
Where the collector or first processor avails himself of the possibility
provided for in the first and second subparagraphs, he shall so inform thecompetent authority with whom the security is lodged. Where such
equivalent quantity is used in a Member State other than that in which
the raw materialis harvested, the competent authorities of the MemberStates concerned shall inform each other of the details of suchtransaction.
4. Notwithstanding paragraphs 2 and 3, Member States may permit
applicants:
(a) to use all the cereals or all the oilseeds falling within CN codes
1201 00 90, ex 1205 00 90 and 1206 00 91 harvested on certain set-aside land:
(i) as fuel for heating their agricultural holding;
(ii) for the production on the holding of power or biofuels;
(b) to process into biogas falling within CN code 2711 29 00, on their
holdings, all the raw material harvested on certain land set aside.1999R2461 — EN — 01.03.2002 — 004.001 — 6
(1) OJ L 169, 10.7.1969, p. 3.▼M3
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In the cases listed in the first subparagraph, applicants shall undertake,
by way of a declaration in place of the contract referred to in Article 4,to use or process directly the raw material covered by the declaration.
In addition, applicants must have all the raw material harvested weighed
by a body or an undertaking designated by the Member State and mustkeep separate accounts for the raw materialused and the products and
by-products resulting from its processing. However, where the entire
plant is used, weighing may be replaced by volumetric measurement ofthe raw material.
Member States applying the first subparagraph shall introduce adequate
checks to ensure that the raw material is used directly on the holding oris processed into biogas falling within CN code 2711 29 00.
Furthermore, cereals and oilseeds used in accordance with point (a) must
be denatured in accordance with the method laid down by the MemberState. The Member States may, however, authorise the oilproduced byprocessing oilseeds in accordance with point (a)(ii) to be denaturedinstead of the oilseeds themselves, provided that such denaturing takes
place immediately after the seeds are processed into oil and that the use
to which the seeds are put is checked. The measures provided for in thefirst, second, third and fourth subparagraphs and any amendmentsthereto shall be notified to the Commission before 30 November of theyear preceding the harvest year to which these measures apply. In thecase of the 2001/02 and 2002/03 marketing years, the measures shall be
notified before 31 May 2001 and 31 March 2002, respectively.
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 collector or 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 noless than those calculated on the basis of the anticipated yield
considered by the competent authority to be representative for the
raw material in question. Such anticipated yields shall take accountinter 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 hiscompetent 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 additionto the information required under paragraph 2, they specify the totalanticipated quantity of by-products and the anticipated quantity of by-
products intended for uses other than human or animalconsumption, 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;1999R2461 — EN — 01.03.2002 — 004.001 — 7
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(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.
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 theraw materials are to be grown. The following particulars must be
provided in respect of each parcelset aside and each raw materialgrown
thereon:
(a) the species of raw materialand 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 outputshall be shown, together with details of the parcels concerned, their
location and identification.
In the case of a hemp crop, the application must also:
(a) provide information on the quantities of seed used, in kilograms per
hectare;
(b) be accompanied by the official labels introduced under Article 10 of
Directive 69/208/EEC or by provisions adopted pursuant to thatArticle, appearing on the packaging of the seed used.
Where sowing takes place after the final date for lodging payment
applications, the labels must be lodged no later than 30 June following
the lodgement of the application.
Member States may lay down that the labels are to be returned to the
grower after their presentation to the competent authorities in caseswhere they need to be presented to other nationalauthorities.
Section 2
Amendmentandterminationofcontract —Applicant'sobligations
Article 6
Where the parties to the contract amend or terminate the latter after the
applicant has lodged a payment application, the applicant may maintainsuch payment application only on condition that, with a view to allowingthe requisite inspections to be carried out, he informs the relevantcompetent authority 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 tosupply all or part of the raw materials specified in the contract, thecompetent authorities may, after obtaining sufficient evidence of suchspecialcircumstances, authorise such amendments to contracts as appearjustified, or may authorise their termination.1999R2461 — EN — 01.03.2002 — 004.001 — 8
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Where the land covered by contracts is reduced as a result of their
amendments, or where contracts are terminated, then, in order tomaintain their 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 Article4(2)(f), once the raw materials under contract have been delivered to thecollector or first processor and once the conditions laid down in Article10(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
Representativeyieldsandquantitiesdelivered
Article 9
1. Each year before the harvest, the Member States shall establish
representative yields, which shall be attained in practice, for rawmaterials that may be bought into intervention otherwise than under this
scheme and for rapeseed or colza seed covered by CN code
ex 1205 00 90, with the exception of varieties having a high erucicacid content, and sunflower seeds covered by CN codes 1206 00 91 or1206 00 99. Those representative yields shall be established:
(a) for each individualhol ding concerned; or
(b) on a local basis.
2. In the case provided for in paragraph 1(b), 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 plans drawn up in accordance with Regulation (EC) No1251/1999. Each year before the harvest, Member States shall informthe 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, with the
exception of maize, rapeseed or colza seed as referred to in
paragraph 1; and
(b) 31 August at the latest in the case of maize and 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 confirmthe quantities of raw materials delivered and the parties to whom suchdeliveries 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
processors must at least correspond to the representative individual yieldor, as the case may be, the representative local yield for the parcelsconcerned 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.1999R2461 — EN — 01.03.2002 — 004.001 — 9
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Furthermore, where they have authorised the amendment or termination
of contracts in accordance with Article 7, the competent authorities may,where it seems justified to do so, reduce the quantities that applicants are
required to deliver 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 thepurposes of Article 9(2) of Regulation (EEC) No 3887/92, to have failed
to fulfil their obligations under the set-aside scheme for non-food
purposes in respect of an area calculated by multiplying the area of landset aside and used by them for the production of the raw materials inaccordance with the criteria laid down in this Regulation by thepercentage shortfall in deliveries of that raw material.
Section 4
Conditionsofpayment
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 rawmaterials are processed. However, such payments shall only be madewhere the requisite quantities 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 Article13(2) have been fulfilled, and the information specified in the firstsubparagraph of Article 13(4) has been forwarded by either thecollector or first processor;
(c) the competent authority has received proof that the full security
provided for in Article 15(2) has been lodged;
(d) the competent authority responsible for the payment has checked
that the conditions laid down in Article 4 have been met in respectof each application.
2. In the case of biennialcrops, where the raw material s 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 contract as provided for in Article 4, oncondition 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
first subparagraph 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 thesecurity as provided for in Article 15(2) has been lodged.
Section 5
Contractandobligationsoncollector orfirstprocessor
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; or1999R2461 — EN — 01.03.2002 — 004.001 — 10
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(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 theyear 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 thanthat date.
2. The competent authorities referred to in paragraph 1 shall check
that contracts submitted comply with the conditions laid down in Article3(1). Where those conditions are not met, the applicants' competentauthorities shall be notified.
With a view to facilitating such checks, collectors or first processors
shall provide their competent authorities with the requisite informationon the processing chain in question, in particular as regards prices andthe technicalprocessing coefficients to be used for determining the
quantities of end products 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 in paragraph 2, compare the sum of the values of all non-foodproducts with the sum of the values of all other products intended forhuman or animalconsumption and obtained from the same processingoperation. Each figure shall 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 authoritiesshall determine the relevant prices, in particular on the basis of theinformation 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 thequantities of raw materials received, specifying the species, the nameand address of the party to 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 of Regulation (EC) No 1251/1999.
Within 40 working days of the date on which they deliver the raw
materials to the first processors, the collectors shall inform theircompetent authorities of the names and addresses of those firstprocessors. Within 40 working days of receipt by the first processors,the latter shall in turn inform their competent authorities of the namesand 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 the names 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 ofthe raw materials by the first processors.
Within 40 working days of the transaction, all other parties involved in
the delivery shall, in turn, inform their competent authorities of thenames and addresses of the purchasers of raw materials and thequantities sold to them.
Where the competent authorities are not the same, the competent
authorities of the first processors and the competent authorities of allother parties involved in delivering the raw materials as referred to in the
third subparagraph shall inform the collectors' competent authorities of
the quantities 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 inthe first and third subparagraphs, the competent authorities concernedshall inform the authorities of the applicants of the total quantities of rawmaterials delivered.1999R2461 — EN — 01.03.2002 — 004.001 — 11
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Section 6
Soya-flourequivalentsforoleaginousby-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 competent authorities referred to in paragraph 1 of that Article shallinform the Commission of the totalquantity of each species of by-products intended for human or animalconsumption resul ting from the
contracts provided for in Article 4, covering rapeseed, colza seed,
sunflower seeds and soya beans falling 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-productsfor human or animalconsumption, 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 tonnesceiling for by-products intended for food or feed uses, it shall fix, assoon as possible and by 31 July at the latest of the year in which the raw
materials are to be harvested, the percentage reduction to be applied to
each contract, for the purpose of calculating the maximum quantity ofby-products for human or animalconsumption.
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 for submission of payment applications for the year in
question in the Member State 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 thisscheme, covered by a contract signed by the collector or first processorconcerned and used to produce that raw material, by the rate of EUR 250per 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 concernedis in possession of proof:
(a) that the quantity of raw materialin question has been processed in
compliance with the requirement laid down in Article 4(2)(f),account being taken, where necessary, of any changes pursuant toArticle 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 or 1201 00 90 and the procedure laid down in Article14(2) applies, that the quantity of by-products in excess of themaximum quantity for human or animalconsumption has foundoutlets other than the feed or foodstuffs markets.1999R2461 — EN — 01.03.2002 — 004.001 — 12
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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 firstprocessor,
(b) where the security has been lodged by a processor, it shall be
released once the raw material or the intermediate products coveredby 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 overthe 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 thatprocessors established in their territory provide all assurances as regardsthe 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 forhuman 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 inwhich the applicant harvests the raw material. Where the procedure laiddown in Article 14(2) applies, this deadline shall be observed also forthe disposalon markets other than the feed or foodstuffs markets of thequantity of by-products in excess of the maximum quantity for human or
animalconsumption.
3. The following obligations, incumbent on collectors or processors,
shall constitute subordinate requirements within the meaning of Article20 of Regulation (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
Documentsforsale,transfer,ordeliveryinanotherMemberState,
orexport
Article 17
Where collectors or first processors sell or transfer raw materials or
intermediate products and/or co-products or by-products covered bycontracts as provided for in Article 4 to processors established in otherMember States, the products shall be accompanied by T5 control copiesissued in accordance with Regulation (EEC) No 2454/93.1999R2461 — EN — 01.03.2002 — 004.001 — 13
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One of the following shall be entered under the heading ‘Other’ in box
104 of the T5 controlcopies:
— Producto destinado a su transformación o entrega de acuerdo con lo
establecido en el artículo 4 del Reglamento (CE) no2461/1999 de la
Comisión
— Skal anvendes til forarbejdning eller levering i overensstemmelse
med artikel4 i Kommissionens forordning (EF) nr. 2461/1999
— Zur Verarbeitung oder Lieferung gemäß Artikel4 der Verordnung
(EG) Nr. 2461/1999 der Kommission zu verwenden
—Πρέπει να χρησιµοποιηθεί για µεταποίηση ή παράδοση
σύµφωνα µε το άρθρο 4 του κανονισµού (ΕΚ) αριθ. 2461 /1999
της Επιτροπής
— 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
dispositions de l'article 4 du règlement (CE) no2461/1999 de la
Commission
— Da consegnare o trasformare conformemente all'articolo 4 del
regolamento (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 kommission-
ens 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 ofmanufacture of the end product shown in the contract. In the case of co-products or by-products, they shall apply only where the products wouldattract export refunds 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 sameMember State, they shall complete a T5 control copy, entering thefollowing 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
where first 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 processorshall complete a T5 control copy, entering, under the heading ‘Other’ inbox 104, the names and addresses of the collector and the informationspecified 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 areintended for export to third countries, a T5 controlcopy shal lbe drawnup by the competent authority of the Member State in which thoseproducts are obtained to cover their transport within the Community.1999R2461 — EN — 01.03.2002 — 004.001 — 14
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One of the following remarks shall be entered under ‘Other’ in box 104
of the T5 controlcopy:
— Este producto no podrá acogerse a ninguna de las medidas previstas
en elapartado 2 delartícul o 1 delRegl amento (CE) no1258/1999 del
Consejo
— De finansieringsforanstaltninger, der er omhandlet i artikel 1, stk. 2, i
Rådets forordning (EF) nr. 1258/1999 kan ikke anvendes på detteprodukt
— Dieses Erzeugnis kommt für keine Finanzierungen gemäß Artikel1
Absatz 2 der Verordnung (EG) Nr. 1258/1999 des Rates in Betracht
—Το προϊόν αυτό δεν µπορεί να επωφεληθεί από τα µέτρα που
προβλέπονται στο άρθρο 1 παράγραφος 2του κανονισµού (ΕΚ)αριθ. 1258 /1999του Συµβουλίου
— This product shall not qualify for any benefit pursuant to Article 1(2)
of CouncilRegul ation (EC) No 1258/1999
— Ce produit ne peut pas bénéficier des financements prévus à l'article
1
erparagraphe 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 artikel1, l id 2, van Verordening (EG) nr. 1258/1999 van de Raad
— O presente produto não pode beneficiar de medidas ao abrigo do n.o
2 do 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 artikel1.2. 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 or
by-products covered by contracts as provided for in Article 4 would
attract export refunds if they were obtained from raw materials grownotherwise than under this scheme.
Section 9
Controls
Article 20
Member States shall lay down the records which collectors and
processors are to keep.
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 controlscomprising physicalchecks and inspections of commercialdocuments,1999R2461 — EN — 01.03.2002 — 004.001 — 15
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with a view to verifying, in the case of collectors, consistency between
the purchases of raw materials and the corresponding deliveries, and, inthe 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 theraw materials concerned.
Where such coefficients for exports are to be found in Community
legislation, they shall be applied. Where there are none but othercoefficients may be found in Community legislation, they shall beapplied. In all other cases, inspection shall rely mainly on the
coefficients generally accepted by the processing 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 bedetermined 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).
Article 21a
In the case of hemp crops, the system for checking the hemp's
tetrahydrocannabinolcontent establ ished by the Member States for
hemp for fibre production in accordance with Article 5a(2) of
Regulation (EC) No 1251/1999 and Article 7b(1) and (2) of Regulation(EC) No 2316/1999 shall also apply.
CHAPTER III
Rawmaterials whichneednotbecoveredbycontracts
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 areintended for use in the manufacture of the end products listed in AnnexIII.
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 theirpayment applications to the competent authorities in their MemberStates, to the effect that the raw materials concerned will only be used orsold for purposes in accordance with Annex III.
2. Each year applicants shall inform their competent authorities, in
their payment applications, of the parcels set aside in accordance with1999R2461 — EN — 01.03.2002 — 004.001 — 16
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this Chapter, the crops grown on such parcels, the duration of the crop
cycle and the foreseeable frequency of harvesting.
CHAPTER IV
General provisions
Section 1
Exclusionfromtheschemeandprohibitionofoverlappingaid
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 wheresuch materials raise difficulties in terms of controls, public health, theenvironment or criminall aw. In such cases, the Member State concernedshall notify the Commission of the raw material(s) which it intends toexclude 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-productsderived therefrom, raw materials listed in Annex II and grown on landset aside and products derived therefrom and land used to produce suchraw materials shall not be eligible for:
(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 thecosts of planting fast-growing species as provided for in the secondsubparagraph of Article 31(3) thereof.
Section 2
Evaluationandadditionalnationalmeasures
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 the scheme introduced by this Regulation.
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 as referred 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 additionalmeasures necessary
for the application of this Regulation and shall notify the Commissionthereof.1999R2461 — EN — 01.03.2002 — 004.001 — 17
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Section 3
Finalprovisions
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.1999R2461 — EN — 01.03.2002 — 004.001 — 18
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ANNEX I
RAWMATERIALSREFERREDTOINCHAPTERII
CN code Brief description
0602 90 59 Other outdoor plants (e.g. Kenaf Hibiscus Canna-
binus L. andCheopodium ) with the exception of
Euphorbia lathyris ;Sylibum marianum andIsatis
tinctoria
0701 90 10 Potatoes
ex 0713 10 90 Peas ( Pisumarvense 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 naturalstate 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 buck-
thorn 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 berries
0910 50 00 Curry0910 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 seed1004 00 00 Oats other than seed1005 90 00 Maize (corn) other than seed1007 00 90 Grain sorghum, other than hybrids for sowing
ex 1008 10 00 Buckwheat other than seedex 1008 20 00 Millet other than seed
ex 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 oilseeds other than for sowing
1207 40 90 Sesamum seeds other than for sowing1207 50 90 Mustard seeds other than for sowing1207 60 90 Safflower seeds other than for sowing1999R2461 — EN — 01.03.2002 — 004.001 — 19
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CN code Brief description
1207 99 99 Other oilseeds and ol eaginous 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 Commis-
sion Regulation (EEC) No 1443/82, either in their
naturalstate 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 ))
ex 5302 10 00 True hemp, raw or retted for processing into
products not covered by Regulation (EC) No 1673/
2000
(Cannabis sativa L.)
(1) OJ L 158, 9.6.1982, p. 17.
(2) OJ L 280, 30.10.1999, p. 43.1999R2461 — EN — 01.03.2002 — 004.001 — 20
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ANNEX II
RAWMATERIALSREFERREDTOINCHAPTERIII
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 animalconsumption
ex 0602 90 51 Outdoor multiannual plants (e.g. Miscanthus
sinensis ) other than those wich can be used for
human or animalconsumption, in particul ar those
producing plant material covered by CN code 1211,
other than lavender, 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 animalconsumption1999R2461 — EN — 01.03.2002 — 004.001 — 21
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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 animalconsumption,
— products covered by CN code 2207 20 00 and intended for direct use in motor
fuelor for processing for use in motor fuel ,
— packaging materialcovered 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 fuelfor 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 and cleaning 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 not contain 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 not contain products derived from sugarbeet cultivated on land set
aside.1999R2461 — EN — 01.03.2002 — 004.001 — 22
(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.
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