Proposal for a COUNCIL REGULATION (EC) No . . ./1999 of . . . 1999 amending Regulation (EEC) No 2358/71 on the common organisation of the market in seeds and fixing the aid granted in the seeds sector for the 2000/2001 and 2001/2002 marketing years (1999/C 59/12)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,

Having regard to Council Regulation (EEC) No 2358/71 (1), as last amended by Regulation (EC) No 192/98 (2), and in particular Article 3(3) and (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 Annex to Regulation (EEC) No 2358/71 lists the japonica and indica type varieties of the species Oryza sativa L. among the products on which production aid is payable for basic and certified seed; whereas the distinction between the two varieties is essentially genetic and calls in particular for food-science analyses; whereas such analyses are complicated and some varieties which have appeared on the market cannot easily be distinguished as being of the japonica or indica type on the basis of their genetic characteristics; whereas that Annex should accordingly be amended to distinguish between varieties of the species Oryza sativa L. on the basis of morphological criteria only;

Whereas the Annex to Regulation (EEC) No 2358/71 lists Cannabis sativa L. (monoecious) among the products on which production aid is payable for basic and certified seed; whereas certain varieties of dioecious Cannabis sativa L. are now comparable with the monoecious varieties as regards their tetrahydrocannabinol (THC) content; whereas, in Article 3(1) of Council Regulation (EEC) No 619/71 of 22 March 1971 laying down general rules for granting aid for flax and hemp (3), as last amended by Regulation (EC) No 1420/98 (4), the Council stipulates that production aid is to be granted solely on hemp harvested after seed formation and grown from certified seed of varieties on a list to be drawn up in accordance with the procedure laid down in Article 12 of Council Regulation (EEC) No 1308/70 of 29 June 1970 on the common organisation of the market in flax and hemp (5), as last amended by Regulation (EC) No 3290/94 (6); whereas, for the purposes of granting aid for the production of hemp for the 1998/1999, 1999/2000 and 2000/2001 marketing years, the Council has specified that only varieties found to have a THC content of not less than 0,3 % and, for subsequent marketing years, of not less than 0,2 % are to appear on that list; whereas the Annex to Regulation (EEC) No 2358/71 should accordingly be amended to refer to Cannabis sativa L. of varieties with a THC content not exceeding 0,3 % for the 2000/2001 marketing year and 0,2 % thereafter and those varieties should be determined in accordance with the procedure laid down in Article 11 of Regulation (EEC) No 2358/71;

Whereas the Annex to Regulation (EEC) No 2358/71 refers to varieties of Lolium perenne L. of high persistence, late or medium late, new and other varieties and varieties of low persistence, medium late, medium early or early; whereas the prices for those varieties on the external markets no longer justify that distinction and the Annex should therefore be amended to refer to Lolium perenne L. without distinguishing between varieties;

Whereas, given the situation on and the outlook for the Community market, producers are not assured of a fair return from seeds listed in the Annex to Regulation (EEC) No 2358/71 which will be marketed in the 2000/2001 and 2001/2002 marketing years; whereas part of the costs of production should be offset by aid;

Whereas Article 3(2) of Regulation (EEC) No 2358/71 provides that when the aid is fixed, account should be taken, on the one hand, of the need to ensure balance between production in the Community and the outlets for such production and, on the other hand, of the prices for such products on the external markets;

Whereas the application of these criteria results in the fixing of the aid applicable for the 2000/2001 and 2001/2002 marketing years at the levels set out in Annex II,

HAS ADOPTED THIS REGULATION:

Article 1

The following paragraph is added to Article 3 of Regulation (EEC) No 2358/71:

'6. The varieties of Cannabis sativa L. on which the aid provided for in this Article is payable shall be determined in accordance with the procedure laid down in Article 11.`

Article 2

The Annex to Regulation (EEC) No 2358/71 is replaced by Annex I hereto.

Article 3

For the 2000/2001 and 2001/2002 marketing years, the aid granted in the seeds sector as provided for in Article 3 of Regulation (EEC) No 2358/71 shall be as set out in Annex II hereto.

Article 4

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

It shall apply from 1 July 2000.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at . . .

For the Council

The President

. . .

(1) OJ L 246, 5.11.1971, p. 1.

(2) OJ L 20, 27.1.1998, p. 16.

(3) OJ L 72, 26.3.1971, p. 2.

(4) OJ L 190, 4.7.1998, p. 7.

(5) OJ L 146, 4.7.1970, p. 1.

(6) OJ L 349, 31.12.1994, p. 105.

ANNEX I

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ANNEX II

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