Proposal for a COUNCIL REGULATION (EC) amending Council Regulation (EEC) No. 1766/92 on the common organization of the market in cereals and Council Regulation (EC) No. 1868/94 establishing a quota system in relation to the production of potato starch
Date: 1995-03-07
Institutions: European Commission
Subjects: agricultural guidance, agricultural quota, common organisation of markets, potato, starch

COMMISSION  OF  THE  EUROPEAN  COMVIUNITIES 

mM/qSi  24 

f i n al 

B r u s s e l s,  0 7 . 0 3 . 1 9 95 

95/0024(CNS) 

Proposal  for a 

COUNCIL REGULATION  (EC) 

amending Council Regulation  (EEC) No. 1766/92 

on the common organization of the market in cereals and 

Council Regulation  (EC) No. 1868/94 establishing a quota 

system in relation to the production of potato starch 

(presented by the Commission) 

z. 

EXPLANATORY  MEMORANDUM 

This  Regulation  extends  the  quota  system  for  the  production  of  potato  starch  to  the  new 
Member  States. 
The  quotas  arc  determined  on  the  basis  of  actual  starch  production  during  1993,  being  a 
representative  year  for  such  production. 
At  the  same  time, the  present  version  of the  Council  Regulation  is adapted  in order  to  ensure 
that: 

the  compensatory  payment  paid  lo  farmers  is  limited  to  the  quantity  of  potatoes 
corresponding  to  the  sub-quota  of  the  starch  manufacturer 

to correct  an  error  which  could  lead  to  false  interpretations  of the quantity  that  must  be 
compulsorily  exported  without  qualifying  for  a  refund. 

3 

Proposal for a 

COUNCII. REGULATION  (EC) No. 

of 

amending Council Regulation (EEC) No. 1766/92 
on the common organization of the market in cereals and 
Council Regulation  (EC) No. 1868/94 establishing a quota 
system in relation to 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); 

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

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

Whereas Article 8 of Council Regulation  (EEC) No 1766/92 of 30 June 1992 on 
the common organization of the market in cereals141, as last amended by the 
Act of Accession of Austria, Finland and Sweden and by Regulation  (EC) No 
3290/94<b), provides for a system of compensatory payments for producers of 
potatoes intended for the manufacture of potato starch; whereas in order to 

avoid excessive production of potato starch, such compensatory payments 

should be paid only in respect of the quantity of potatoes delivered by a 

potato producer to an undertaking producing potato starch which does not 

lead to that undertaking exceeding its quota limit; 

(1) 
(2) 
(3) 
(4)  OJ No. L 181,  1. 7.1992, p. 21. 
(5) OJ No L 349, 31.12.1994, p. 105 

L/ 

Whereas  council  Regulation  (EC) No.  1868/94  of  27  July  1994  establishing  a 

quota  system  in  relation  to  the  production  of  potato  starch(£)  set  out  in 

Article  2  the quotas  for Member  states  for  the  production  of  potato  starch 

for the marketing  years  1995/96,  1996/97  and  1997/98; whereas  the  accession 

of  Austria,  Finland  and  Sweden makes  it  necessary  that  quotas  be  allocated 

for those Member  states, whereas the basis  for the  allocation of quota used 

for other Member  states is inappropriate  in the case of Austria, Finland  and 

Sweden,  as the premium  referred  to in Article  1 of  Council Regulation  (EEC) 

No.  1543/93 (j?)  was  not  payable;  whereas  the  quota  should  therefore  be 

allocated  on  the  basis  of  the  amount  of  potato  starch  produced  in  each 

Member  state in the calendar year  1993, for which national aid was  received; 

whereas  in  the  case  of  Finland,  additional  quota  should  be  allocated  to 

cover  production  which  could  not  be  realised  in  1993  as  a  result  of  the 

imposition  of an obligation to set aside  land; 

Whereas,  as  a  result  of  an  error, Article  6(1)  and  (2) of  Regulation  (EC) 

No.  1868/94  appear  to  be  contradictory;  whereas  for  the  sake  of  clarity 

Article  6 should be  amended, 

Whereas the prices and amounts fixed in ecus by this Regulation are established in conformity 

with the agrimonetary arrangements valid from 1 February 1995 in accordance with Council 

Regulation (EEC) No 3813/92^, as last amended by Council Regulation (EC) No  150/95#) 

and in particular Article 13(2) thereof; 

HAS ADOPTED THIS REGULATION: 

Article 1 

Article  8(2)  of  Regulation  (EEC)  No.  1766/92  shall  be  replaced  by  the 

following: 

"2. (a)  A  system  of  compensatory  payments  is  established  for  producers  of 

potatoes  intended  for the manufacture  of  potato  starch.  The  amount 

of  the  payment  applies  to  the  quantity  of  potatoes  necessary  to 

produce  one tonne of starch.  It shall be  set  at ECU  86,94 from the 

1995/96 marketing year onwards. 

(b) without  prejudice  to  the  provisions  of  sub-paragraph  (a),  the 

compensatory  payment  shall be  paid  only  in  respect  of  the  quantity 

of  potatoes  covered  by  a  contract  between  the  potato  producer  and 

the  undertaking  producing  potato  starch  within  the  quota  limit, 

referred  to  in Article  2(2) of Regulation  (EC) No. 1868/94, of  such 

undertaking." 

(6)  OJ  No  L  197,  30.07.1994,  p.  4. 

(7)  OJ  No  L  154,  25.06.1993,  p.  4. 

(8)  OJ  No  L  387,  31.12.1992,  p . . l. 

(9)  OJ  No  i,  22,  31.01.1995,  p.  1. 

Article 2 

s 

Regulation  (EC) No. 1868/94 shall be amended as follows: 

1.  In Article 2 : 

(a) the table in paragraph  (1) shall be replaced by the following: 

"Denmark 

Germany 

Spain 

France 

Netherlands 

Austria 

Finland 

Sweden 

and 

178 460 tonnes 

591 717 tonnes 

2 000 tonnes 

281 516 tonnes 

538 307 tonnes 

46 100 tonnes 

49 750 tonnes 

60 900 tonnes 

1 748 750 tonnes"; 

(b) after the second indent in paragraph  (2) there shall be inserted the 

following  sub-paragraph: 

"However,  in  the  case  of  Austria,  Finland  and  Sweden,  the  Member 

state  shall  allocate  the  quota  referred  to  in  paragraph  1  to 

undertakings producing potato starch, for use in the marketing years 

1995/96,  1996/97  and  1997/98, on the basis of  the  amount  of  potato 

starch produced by them in the calendar year 1993 and for which they 

received national aid." 

2.  In Article  6: 

(a) in paragraph  (1),  the words  "Without prejudice  to Article  5"  shall 

be deleted; and 

(b) in paragraph  (2), the words  "Without prejudice to" shall be replaced 

by the word  "Notwithstanding". 

Article 3 

This  Regulation  shall  enter  into  force  on  the  seventh  day  following  its 

publication in the Official Journal of the European Communities. 

It shall apply from 1 July 1995. 

This Regulation  shall be binding in its entirety and directly applicable in 

all Member States. 

v 

Done at Brussels, 

Fer the Council 

FINANCIAL  STATEMENT 

BUDGET HEADING: Bl-1021 

APPROPRIATIONS: 
ECU  134 million 

2. 

TITLE: 
Proposal for a Council  Regulation amending  Regulation (EEC) No  1766/92 on the common organization of the market 
in cereals and amending  Regulation (EEC) No  1868/94 establishing  a quota system  in relation to the production of 
potato starch 

LEGAL BASIS: 
Articles 42 and 43 of the Treaty 

AIMS: 
Adjustment of the potato starch quota  as a result of the accession  of Austria, Finland and Sweden 

FINANCIAL IMPLICATIONS: 

EXPENDITURE 
- CHARGED TO THE EC BUDGET 

(REFUNDS/INTERVENTION) 

• NATIONAL AUTHORITIES 

OTHER 

REVENUE 
-  OWN RESOURCES  Or TIIC  CC 
•  (LEVIES/CUSTOMS  DUTIES) 
-NATIONAL— 

ESTIMATED EXPENDITURE 
ESTIMATED REVENUE 

PERIOD OF  12 
MONTHS 

(ECU  million) 

CURRENT 
FINANCIAL 
YEAR 
(95) 
(ECU million) 

FOLLOWING 
FINANCIAL 
YEAR 
(96) 
(ECU  million) 

ECU  17.1 million 

ECU 2.1  million 

ECU  17.1 million 

1997 

1998 

ECU  17.1 m 

ECU  15.0 m 

1999 

p.m. 

2000 

METHOD OF CALCULATION: 
The measure consists of paying the starch premium of  ECU  N/  J\ and the producer compensation  of  ECU v!/t  for the 
quantities allocated to the three new Member States. 
The additional  cost per marketing year is: 
Starch premium 
1 5 6 . 7 50  T  x  2 2 , 25  ECU/T 
Compensatory payment  1 5 6 . 7 50  T  x  8 6 , 94  ECU/T 

N 2 2 , 25 

^ 8 6 , 94 

= 

» =  ECU  3.5  million 
ECU  13.6 million 
ECU  17.1  million 

Payments will  begin from the  1996 financial  year with the exception of  12% of the compensatory  payment which will 
be made from  the  1995 financial  year. 

CAN THE PROJECT BE FINANCED  FROM APPROPRIATIONS  ENTERED IN THE RELEVANT 
CHAPTER OF THE CURRENT BUDGET? 

CAN THE PROJECT BE FINANCED BY TRANSFER  BETWEEN CHAPTERS OF THE CURRENT 
BUDGET? 

WILL A SUPPLEMENTARY  BUDGET  BE NECESSARY? 

WILL FUTURE  BUDGET APPROPRIATIONS  BE NECESSARY? 

YES 

YES 

—YES/NO 

YES 

5.0. 

5.1. 

5.0.1. 
5.1.1. 

5.2. 

6.0. 

6.1. 

6.2. 

5.3. 

OBSERVATIONS  The measure  is limited  to the  1995/96 to  1997/98  marketing years. 

^ 

ISSN 0254-1475 

COM(95) 24  final 

DOCUMENTS 

EN 

02  03 

Catalog number : CB-CO95-032-EN-C 

ISBN 92-77-85232-1 

Office for Official Publications of the European Communities 

L-2985 Luxembourg