Commission Regulation (EC) No 2305/98 of 26 October 1998 amending Regulation (EC) No 97/95 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards the minimum price and compensatory payment to be paid to potato producers and of Council Regulation (EC) No 1868/94 establishing a quota system in relation to the production of potato starch
Date: 1998-10-26
Institutions: European Commission
Subjects: agricultural guidance, minimum price, potato, quantitative restriction, starch

27. 10. 98

EN

Official Journal of the European Communities

L 288/5

COMMISSION REGULATION (EC) No 2305/98

of 26 October 1998

amending Regulation (EC) No 97/95 laying down detailed rules for the applica-
tion of Council Regulation (EEC) No 1766/92 as regards the minimum price and
compensatory payment to be paid to potato producers and of Council Regulation
(EC) No 1868/94 establishing a quota system in relation to the production of
potato starch

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

1. Article 2 is replaced by the following:

Having regard to the Treaty establishing the European
Community,

‘Article 2

Having regard to Council Regulation (EC) No 1868/94 of
27 July 1994 establishing a quota system in relation to
the production of potato starch (1), as last amended by
Regulation (EC) No 1284/98 (2), and in particular Article
8 thereof,

Whereas Regulation (EC) No 1868/94 establishes a
system of quotas for the production of potato starch on
which Community aid is payable; whereas Article 2 of
that Regulation sets the potato starch quotas for producer
Member States for a period of three years and defines the
method for allocating sub-quotas;

Whereas certain parts of Commission Regulation (EC) No
97/95 (3), as last amended by Regulation (EC) No 1125/
96 (4) laying down the detailed rules of application have
become null and void; whereas they should be deleted for
the sake of clarification;

Whereas, in order to monitor the development of the
market more closely, the Member States should notify the
Commission of the quotas available before 30 June of
each marketing year and of the quantities to be exported
without attracting refunds;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Cereals,

Where Article 6(2) of Regulation (EC) No 1868/94
applies,
the sub-quotas allocated shall be adjusted
accordingly at the beginning of the marketing year
following that in which the quota was exceeded.';

2. Article 3 is deleted.

3. Article 19 is replaced by the following:

‘Article 19

1.
By 30 April of each marketing year at the latest,
the starch-producing undertakings shall notify the
competent authorities of:

— the quantities of starch potatoes which have quali-
fied under Article 8(1) and (2) of Regulation (EEC)
No 1766/92,

— the quantities of potato starch on which the
premium provided for in Article 5 of Regulation
(EC) No 1868/94 has been paid.

2. Where Article 17 applies, by 30 June of each
marketing year at the latest, the Member States shall
supply the Commission with all the detailed informa-
tion relating thereto, together with supporting docu-
ments showing that the conditions laid down have
been observed.';

4. Article 20 is replaced by the following:

HAS ADOPTED THIS REGULATION:

‘Article 20

Article 1

Regulation (EC) No 97/95 is hereby amended as follows:

(1) OJ L 197, 30. 7. 1994, p. 4.
(2) OJ L 178, 23. 6. 1998, p. 3.
(3) OJ L 16, 24. 1. 1995, p. 3.
(4) OJ L 150, 25. 6. 1996, p. 1.

By 30 June of each marketing year at the latest, the
Member States shall notify the Commission of:

(a)

the quantities of starch potatoes which have quali-
fied under Article 8(1) and (2) of Regulation (EEC)
No 1766/92;

(b) the quantities of starch on which the premium
provided for in Article 5 of Regulation (EC) No
1868/94 has been paid;

L 288/6

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Official Journal of the European Communities

27. 10. 98

(c) the quantities and sub-quotas

the starch-
producing undertakings concerned by Article 6(2)
of Regulation (EC) No 1868/94 during the
marketing year and the sub-quotas available for the
following marketing year;

for

(e) the quantities referred to in Article 13(3) and (4) of

this Regulation;

(f)

the quantities referred to in Article 16 of this Regu-
lation.'

Article 2

(d) the quantities to be exported without attracting
refunds in accordance with Article 6 of Regulation
(EC) No 1868/94;

This Regulation shall enter into force on the seventh 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.

Done at Brussels, 26 October 1998.

For the Commission

Franz FISCHLER

Member of the Commission