30. 5. 88 Official Journal of the European Communities No C 139/33 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 1417/78 is hereby amended as 
follows: 
1. In Article 1(1), the words 'listed in the first indent under 
(b) in Article 1' are replaced by 'listed in the first and 
third indents of Article 1(b)'. 
2. Article 5 is replaced by the following: 
'Article 5 
The aid referred to in Article 5 of Regulation (EEC) No 
1117/78 shall be granted, on application by the party 
concerned, for dried fodder from processing plants that 
meets the following requirements: 
(a) the maximum moisture content shall be between 11 
and 14 % and may vary according to the form of 
presentation of the product; 
(b) the minimum total crude protein content in dry 
matter must not be less than: 
— 15 % for the products listed in Article 1(b) and 
the second indent of Article 1(c) of Regulation 
(EEC) No 1117/78, 
— 45 % for the products listed in the first indent of 
Article 1(c) of Regulation (EEC) No 1117/78. However, additional conditions, in particular as regards 
fibre and carotene content, may be adopted in 
accordance with the procedure laid down in Article 12 
of Regulation (EEC) No 1117/78.' 
3. In Article 6, the words 'The aids referred to in Articles 3 
and 5 of Regulation (EEC) No 1117/78 shall be granted 
only to those processing plants which:' are replaced by: 
'The aid referred to in Article 5 of Regulation (EEC) No 
1117/78 shall be granted only to those processing plants 
which:'. 
4. In Article 7(2), the words 'the amount of the aids 
specified in Articles 3 and 5 of Regulation (EEC) No 
1117/78 which it receives' are replaced by 'the amount 
of the aid specified in Article 5 of Regulation (EEC) No 
1117/78 which it receives'. 
5. The last paragraph of Article 8 is deleted. 
6. In Articles 9, 10 and 11, the word 'supplementary' is 
deleted. 
Article 2 
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 May 1988. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 2036/82 adopting 
general rules concerning special measures for peas, field beans and sweet lupins 
(88/C 139/29) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, 
Having regard to Council Regulation (EEC) No 1431/82 of 
18 May 1982 laying down special measures for peas and 
field soya beans (*), as last amended by Regulation (EEC) 
No ..., and in particular Article 3(5) thereof, 
Having regard to the proposal from the Commission, Whereas the control systems provided for in Articles 13 and 
14 of Council Regulation (EEC) No 2036/82 (2), as last 
amended by Regulation (EEC) No 1958/87 (3), are ill-
adapted to the new market situation; whereas checks to 
ensure that imported peas and field beans are processed in 
such a way as to render them ineligible for aid must be 
stepped up in view of the development of imports from 
third countries; whereas, under those circumstances, 
verification of the Community origin of peas, field beans 
and sweet lupins for which aid is applied for may be 
simplified; 
(!) OJ No L 162, 12. 6. 1982, p. 28. (2) OJ No L 219, 28. 7. 1982, p. 1. 
(3) OJ No L 184, 3. 7. 1987, p. 3. 
No C 139/34 Official Journal of the European Communities 30. 5. 88 
Whereas the price paid to the producer should be verified at 
the level of the first buyer of the Community products in 
question; whereas, to streamline the administrative 
procedures for such controls, the declaration of delivery 
defined in Article 3(2) and the certificate referred to in 
Article 4(2) of Regulation (EEC) No 2036/82 may be 
abolished; whereas, however, provision should be made 
for the approval of the first buyer under conditions to be 
determined, which approval may be withdrawn in case of 
failure to comply with the rules laid down; 
Whereas approved users who use the products in question 
may ensure compliance with the minimum price by 
undertaking to apply for the aid only in respect of products 
from an approved first buyer; whereas Articles 3(4) and 
5(1) of Regulation (EEC) No 2036/82 should be amended 
accordingly; 
Whereas the definition of sweet lupins in Article 11(4) of 
Regulation (EEC) No 2036/82 entails difficulties of 
controls of the seed and does not afford any certainty that 
the products for which the aid is applied for have an 
acceptable bitter seed content; whereas provision should 
accordingly be made for a definition of sweet lupins 
permitting verification of products intended for use as feed 
to see whether they comply with the criteria of eligibility 
for the aid; 
Whereas the definition and classification of the products 
actually used, as laid down in Article 5(2) of Regulation 
(EEC) No 2036/82, take account of technical processing 
procedures the relevance and exhaustiveness of which 
depend on technical progress; whereas the said paragraph 
should indicate only the general conditions under which the 
products in question should be considered as having been 
used; whereas Article 6(5) of Regulation (EEC) No 2036/ 
82 must be adapted to the definition of products actually 
used; 
Whereas Article 7 of Regulation (EEC) No 2036/82 does 
not enable a member of an approved organization to 
market his products; whereas, to qualify under the aid 
system, producers must either market all their production 
or use it completely under an approved organization; 
whereas, for the sake of fairness, producers who market 
part of their production should be authorized to join an 
approved organization; 
Whereas Article 12a(3) of Regulation (EEC) No 2036/82 
provides for a carry-over of monetary gaps when 
calculating differential amounts where they differ by less 
than one point; whereas that rule leads in certain cases to 
an extension of the validity of monetary gaps which are no 
longer in force; whereas that rule should be abolished to make it easier to understand the calculation of the amount 
of the aid in national currencies; 
Whereas the control system provided for in Article 13 of 
Regulation (EEC) No 2036/82 must be made more 
stringent by the possibility of providing for a guarantee 
ensuring that products imported are processed in such a 
way as to render them ineligible for aid; 
Whereas the measures provided for in this Regulation lead 
to changes in the administrative procedures; whereas, 
where temporary adaptations are necessary, provision 
should be made for the possibility of adopting transitional 
measures, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 2036/82 is hereby amended as 
follows: 
1. In Article 3(1), the following words are deleted: 
'which meets the condition laid down in the second 
indent of Article 3(3) of Regulation (EEC) No 1431/82'. 
2. The following is added to Article 3(4): 
'and who in particular undertakes to apply for the aid 
only for peas, field beans and sweet lupins delivered by a 
producer to an approved first buyer;'. 
3. Point (2) of Article 3 is deleted and points (3), (4), (5) 
and (6) become points (2), (3), (4) and (5) respectively. 
4. The following point (6) is added to Article 3: 
'6. 'sweet lupins' shall mean lupins not containing 
more than 5 % bitter seeds under conditions de­
termined in accordance with the procedure laid down in 
Article 12 of Regulation (EEC) No 1117/78.' 
5. Article 4 is replaced by the following: 
'Article 4 
1. In cases where the products are sold by the 
producer, the aid shall be granted for the products in 
question subject to their purchase by an approved first 
buyer. 
2. Approval as referred to in paragraph 1 shall be 
given by the Member State where the person concerned 
is established only to first buyers who: 
— undertake to conclude with the producer of peas, 
field beans and sweet lupins a purchase contract for 
the products in question meeting the condition laid 
down in the second indent of Article 3(3) of 
Regulation (EEC) No 1431/82, in particular as 
regards the price to be paid, 
30. 5. 88 Official Journal of the European Communities No C 139/35 
— keep stock records in accordance with rules to be laid 
down, and 
— agree to submit to all controls laid down under the 
application of the aid arrangements. 
3. Approval as referred to in paragraph 1 shall be 
withdrawn, temporarily or permanently depending on 
the gravity of the failure to comply with the provisions 
in question, if, except in cases of force majeure, one of 
the undertakings or one of the conditions for approval 
laid down in paragraph 2 is no longer fulfilled or 
satisfied, in particular where the price paid to the 
producer is not at least equal to the minimum price'. 
6. Article 5 is replaced by the following: 
'Article 5 
1. In the case referred to in Article 4, the aid shall be 
granted to any approved user making use of the 
products provided that: 
— he lodges an application with the agency appointed 
by the Member State in whose territory the product 
has been used, 
— the quantity specified in the aid application has 
entered the undertaking and has actually been used. 
2. For the purposes of this Article, a product shall be 
deemed to have actually been used if it has been: 
(a) irreversibly processed and incorporated in 
feedingstuffs or is intended to be incorporated 
therein owing to the type of processing which it has 
undergone; 
(b) irreversibly processed for use as foodstuffs, or placed 
on the market after being prepared for market for 
consumption without further processing. 
Irreversible processing as referred to above and 
additional conditions may be determined in accordance 
with the procedure laid down in Article 12 of 
Regulation (EEC) No 1117/78.' 7. Article 6(5) is replaced by the following: 
'5. The aid to be paid shall: 
(a) for the products referred to in Article 5(2)(a), be the 
amount fixed in Article 3(1) of Regulation (EEC) No 
1431/82; 
(b) for the products referred to in Article 5(2) (b), be the 
amount fixed in Article 3(2) of Regulation (EEC) No 
1431/82.' 
8. In Article 7(1), the words 'If a producer does not market 
the product' are replaced by 'If a producer does not 
market all the product'. 
9. Article 11(4) is deleted. 
10.The second sentence of Article 12a(3) is deleted. 
11. The following paragraph is added to Article 13: 
'For peas and field beans which have not undergone 
marking to ensure that they are processed in such a way 
as to render them ineligible for aid, controls may also 
entail the lodging of a security, which may not be higher 
than that necessary to ensure that it is not worthwhile to 
fail to submit imported products to controls. 
Article 2 
Where transitional measures prove necessary to facilitate 
the changeover from the arrangements in force to those 
provided for in this Regulation, such measures shall be 
adopted in accordance with the procedure laid down in 
Article 12 of Regulation (EEC) No 1117/78. They shall 
continue to apply for the period strictly required to 
facilitate the changeover from one set of arrangements to 
the other. 
Article 3 
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 1988. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States.