14. 8. 90 Official Journal of the European Communities No C 203/17 
Seventh recital: 
The seventh recital becomes the eighth and final recital. 
Article 1 (1): 
The following new indent is added: 
'Member States may grant EEC component type-approval for types of device other than 
those mentioned in Annex II if their performance can be proved to be at least as effective.' 
Article 3, line 1: 
The word 'performance' replaces the word 'operation'. 
Amended proposal for a Council Regulation (EEC) amending Regulation (EEC) No 797/85 on 
improving the efficiency of agricultural structures 
COM(90) 337 final 
(Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 12 July 1990) 
(90/C 203/08) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 42 and 
43 thereof, 
Having regard to the proposal from the Commission, Whereas possibilities for non-food use are sufficiently 
advanced, technically and economically, in the case of 
cereals; 
Whereas the realization of such possibilities enables 
farmers to turn towards new outlets; whereas, in order 
to encourage them in this direction, cereals must be 
made available at attractive prices; 
Having regard to the opinion of the European 
Parliament, Whereas, however, such new uses must not lead to an 
increase in production of cereals, thereby leading to 
further surpluses; 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the structures policy must contribute towards 
helping farmers adapt to the new market reality and 
towards alleviating the effects which the new market and 
prices policy may have, in particular, on agricultural 
income; 
Whereas the European Council has requested the 
Commission to explore all possibilities of stepping up the 
use of agricultural raw materials for non-food ends; Whereas the existing aid scheme to encourage the 
set-aside of arable land should accordingly be adjusted 
by providing for specific aid for the use of arable land 
for non-food ends; 
Whereas in order to ensure that the new policy is effec­
tively applied, certain minimum conditions must be laid 
down for the granting of the aid; whereas provision 
should be made in particular for producers, as well as 
groups of producers, to present a contract concluded 
with a processing enterprise guaranteeing the non-food 
use of the products in question in order to qualify for the 
aid; 
No C 203/18 Official Journal of the European Communities 14. 8. 90 
Whereas, in order to provide an extra incentive to 
producers who set aside a substantial amount of their 
arable land, at least 40 %, and who fulfil the other 
conditions for receiving the specific aid, an exoneration 
should be provided from the co-responsibility levy 
foreseen in Article 4 of Council Regulation (EEC) No 
2727/75 of 29 October 1975 on the common organ­
ization of the cereals market (') modified by Regulation 
3989/87 (2) as well as the supplementary co-responsi­
bility levy foreseen in Article 4 (c) paragraph 2 of Regu­
lation (EEC) No 2727/75; 
Whereas, in addition, in order to avoid overcompen­
sation, products which qualify for a production refund in 
accordance with Article 11a of Council Regulation 
(EEC) No 2727/75, as last amended by Regulation 
(EEC) No 1340/90 (3), or the aid provided for in Article 
lib thereof should not be eligible for the aid; 
Whereas the ceiling on the specific aid must take account 
of income from the sale of the cereals in question to the 
processing enterprises; whereas such ceilings must 
accordingly be less than those effectively laid down for 
set-aside; 
Whereas Council Regulation (EEC) No 797/85 (4), as 
last amended by Regulation (EEC) No 3808/89 (5), 
should be amended accordingly, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Article la of Regulation (EEC) No 797/85 is hereby 
amended as follows: 
(a) The following paragraph is inserted: 
'3a The Member States may provide for a specific 
aid scheme for the use of arable land for non-food 
purposes, these being the manufacture within the 
Community of products not destined for human or 
for animal consumption. 
The following shall be eligible under the aid scheme: 
— recipients under the aid scheme provided for in 
paragraph 1 on condition that the arable land set 
aside represents at least 30 % of the arable land 
of the holding in question, 
(') OJ No L 281, 1. 11. 1975, p. 1. 
O OJ No L 377, 31. 4. 1987, p. 1. 
O OJ No L 134, 28. 5. 1990, p. 1. 
O OJ No L 93, 30. 4. 1985, p. 1. 
O OJ No L 371, 20. 12. 1989, p. 1. — arable land on the holding which is the subject of 
a set-aside undertaking, extending to at most 
50 % of the area set aside and on condition that 
it is sown to cereals, and that the whole cereal 
production of such areas is intended for 
non-food purposes. 
Producers may not qualify for the specific aid, unless 
they submit a contract concluded with a processing 
enterprise guaranteeing the non-food use of the 
products in question within the Community. 
In the event that a group of farmers arranges to 
supply a single processing enterprise on a contract 
basis, and on condition that the arable land 
withdrawn from production represents at least 40 % 
of the total, as well as jointly fulfilling the 
requirement foreseen in subparagraph 2, second 
indent, this additional 20 % may be respected by the 
group as a whole rather than by the individual farms. 
Contracts relating to consignments which qualify for 
the production refund provided for in Article 11a of 
Regulation (EEC) No 2727/75 or the aid provided 
for in Article lib thereof shall not be eligible for the 
specific aid. 
The specific aid shall be paid for the duration of the 
contract, up to a maximum period of five years from 
the first supply of products to the processor in 
accordance with the delivery contract. 
One year after the effective implementation of the 
scheme by the Member States, the Commission will 
transmit a report to the Council and Parliament. At 
this time if it is deemed necessary, the Commission 
will make a proposal to modify the regime in order 
to increase its efficency, taking into account the 
response of farmers and processors, the economic 
viability, and the environmental impact of the 
scheme, possible control problems, (in particular, 
with regard to by-products), and any other relevant 
aspect. At the same time the Commission, in the light 
of the results of the demonstration projects, will 
examine the possibility of extending the regime to 
products other than cereals.' 
(b) The following subparagraph is added to paragraph 
4(a): 
'The specific aid provided for in paragraph 3 a to be 
paid per hectare shall be determined in accordance 
with the criteria laid down in the first subparagraph. 
The maximum aid shall be fixed at 70 % of the aid 
provided for in the first subparagraph. For the areas 
in question, the specific aid shall replace aid for 
set-aside.' 
14. 8. 90 Official Journal of the European Communities No C 203/19 
(c) The following subparagraph is added after the first 
subparagraph of paragraph 6: 
'An indivudual farmer, as well as a group of farmers, 
qualifying for the specific aid provided for in 
paragraph 3a, withdrawing at least 40 % of arable 
land from production for set-aside purposes, will 
benefit from exemption from the co-responsibility 
levies for the entire volume of cereals supplied to the 
industrial processors. This exemption does not 
preclude the possible exemption referred to in 
subparagraph 1.' 
(d) In paragraph 7: 
— the following words are inserted after '30 April 
1988': 
'.. . and, in the case of the specific aid provided 
for in paragraph 3a, before 1 December 1990,', 
— the following indent is added: '— the special detailed rules on the granting of 
the specific aid provided for in paragraph 3 a, 
and in particular those on the exclusion of 
certain uses on limits to be imposed on 
by-products, the determination of the ceiling 
and the minimum areas which may qualify 
for the aid, delivery contracts, controls, 
including where appropriate, checks on the 
processing undertaking, and penalties to be 
laid down where obligations are not 
complied with.' 
Article 2 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
Proposal for a Council Directive revoking Council Directive 75/404/EEC on the restriction of 
the use of natural gas in power stations 
COM(90) 306 final 
(Submitted by the Commission on 16 July 1990) 
(90/C 203/09) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, and in 
particular Article 103 (4) thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parliament, 
Having regard to the opinion of the Economic and Social Committee, 
Whereas the implementation of a Community energy policy is one of the objectives that the 
Communities have set themselves; 
Whereas the security of Community energy supplies requires the development of all its sources 
of energy;