Proposal for a COUNCIL REGULATION amending Regulation (EC) No 1868/94 establishing a quota system for the production of potato starch

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Agricultural Council compromise on Agenda 2000 provides for an increase in the potato starch compensatory payment in return for a fixed quota reduction. For this purpose, the Council invited the Commission to make a proposal to reduce the potato starch quotas. The present proposal must be adopted simultaneously with the amendments to Regulation (EC) No 1766/92 which fixes the level of compensatory payments mentioned above.

Proposal for a COUNCIL REGULATION amending Regulation (EC) No 1868/94 establishing a quota system for the production of potato starch

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 42 and 43 thereof,

Having regard to the proposal from the Commission (1),

(1) OJ C , 1999, p.

Having regard to the opinion of the European Parliament (2),

(2) OJ C , 1999, p.

Having regard to the opinion of the Economic and Social Committee (3),

(3) OJ C , 1999, p.

(1) Whereas Article 2 of Council Regulation (EC) No 1868/94 (4) of 27 July 1994, as last amended by Regulation (EC) No 1284/98 (5), fixes the potato starch quotas for producer Member States for the 1998/1999, 1999/2000 and 2000/2001 marketing years;

(4) OJ L 197, 30.7.1994, p. 4.

(5) OJ L 178, 23.6.1998, p. 3.

(2) Whereas Article 8(2) of Council Regulation (EEC) No 1766/92 (6), as last amended by Regulation (EC) No .../1999 (7), fixes the amount of the compensatory payment for producers of potatoes intended for the manufacture of potato starch; whereas this amount is increased by the Council for the 2000/2001 marketing year as well as the following marketing years on condition that the quotas fixed by Regulation (EC) No 1868/94 are decreased for the Member States having a quota greater than 100 000 tonnes by 2.81% in 2000/2001 and by 5.74% in 2001/2002, and the current quota for the Member States having a quota lower than 100 000 tonnes must be reduced by 1.41% in 2000/2001 and by 2.87% in 2001/2002;

(6) OJ L 181, 1.7.1992, p. 21.

(7) OJ L , 1999, p.

(3) Whereas the quotas established for the 2000/2001 marketing year have been amended and the quotas for the 2001/2002 marketing year have to be fixed; whereas the producer Member States should allocate their quotas for the period 2000/2001 and 2001/2002 between all the undertakings producing potato starch on the basis of the existing quotas for the marketing year 1999/2000; whereas it must be made clear that quantities used in excess of sub-quotas during the marketing year 1999/2000 shall be deducted in the 2000/2001 marketing year in accordance with Article 6(2);

(4) Whereas the Commission shall at the end of the period make a report to the Council on quota allocations accompanied, if necessary, by appropriate proposals; whereas these proposals will take account of possible changes in the compensatory payment,

HAS ADOPTED THIS REGULATION:

Article 1

Article 2 of Regulation (EC) No 1868/94 is amended as follows :

1. In paragraphs 1 and 2, references to the 2000/2001 marketing year are deleted.

2. The following paragraphs are added :

"3. The following producer Member States are hereby allocated quotas for the production of potato starch within the following limits for the 2000/2001 and 2001/2002 marketing years :

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4. Each producer Member State shall allocate the quota referred to in paragraph 3 between undertakings producing potato starch for use in the 2000/2001 and 2001/2002 marketing years in proportion to the sub-quotas available to each undertaking for the 1999/2000 marketing year before a possible correction under Article 6(2) was applied.

The sub-quotas of each undertaking for the 2000/2001 marketing year shall be adjusted to take account of any amount used in excess of quota during the 1999/2000 marketing year in accordance with Article 6(2)."

Article 2

Article 3 of Regulation (EC) No 1868/94 is replaced by the following text:

"Article 3

1. On or before 31 October 2001 and thereafter at three-yearly intervals, the Commission shall present to the Council a report on the allocation of quota within the Community, accompanied if necessary by appropriate proposals. This report will take account of possible changes in the compensatory payment as well as of the development of the potato and cereal-starch market.

2. On or before 31 December 2001 and thereafter at three-yearly intervals, the Council, acting on the basis of Article 43 of the Treaty, shall allocate the quota between Member States on the basis of the report referred to in paragraph 1, for use in the following three marketing years.

3. On or before 31 January 2002 and thereafter at three-yearly intervals, Member States shall notify those concerned of the details of quota allocations for the following three marketing years."

Article 3

This Regulation shall enter into force on the 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 Brussels,

For the Council

The President

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ANNEX

The financial impact of the proposal has been calculated in relation to the present quotas, taking account of the premium amounts laid down for the 2000/2001 and following marketing years, in accordance with the Council compromise of 11 March 1999 and the conclusions of the European Council of 24 and 25 March 1999.

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