Commission Regulation (EC) No 1932/1999 of 9 September 1999 amending Regulation (EEC) No 2220/85 laying down common detailed rules for the application of the system of securities for agricultural products
Date: 1999-09-09
Institutions: European Commission
Subjects: EAGGF Guarantee Section, agricultural product, closing of accounts, information, production aid

10. 9. 1999

EN

Official Journal of the European Communities

L 240/11

COMMISSION REGULATION (EC) No 1932/1999

of 9 September 1999

amending Regulation (EEC) No 2220/85 laying down common detailed rules for the application of
the system of securities for agricultural products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market in
cereals (1), as last amended by Regulation (EC) No 1253/
1999 (2), and in particular Articles 5, 6(2), 7(3), 8(5), 9(2), 13,
16(2), 17(2) and 21 thereof, and the corresponding provisions
of the other regulations on the common organisation of the
market in agricultural products, and also to other provisions in
the regulations on the common organisation of markets which,
when applied in practice, call for a security,

Having regard to Council Regulation (EEC) No 525/77 of 14
March 1977 establishing a system of production aid for tinned
pineapple (3), as last amended by Regulation (EEC) No 1699/
85 (4), and in particular Article 8 thereof,

Having regard to Council Regulation (EC) No 1554/95 of 29
June 1995 laying down the general rules for the system of aid
for cotton (5), as last amended by Regulation (EC) No 1419/
98 (6), and in particular Article 11(1) thereof,

Having regard to Council Regulation (EEC) No 1765/92 of 30
June 1992 establishing a support system for producers of
certain arable crops (7), as last amended by Regulation (EC) No
1624/98 (8), and in particular Articles 12 and 16 thereof,

(4) Whereas Articles 31 and 32 of Regulation (EEC) No
2220/85 require Member States to communicate certain
information to the Commission on the application of
the system of securities;

(5) Whereas, moreover, the clearance of accounts procedure
was amended by Council Regulation (EC) No 1287/95
of 22 May 1995 amending Regulation (EEC) No 729/70
on the financing of the common agricultural policy (11),
and by Commission Regulation (EC) No 1663/95 of 7
July 1995 laying down detailed rules for the application
of Council Regulation (EEC) No 729/70 regarding the
procedure for the clearance of
the
EAGGF Guarantee Section (12), as amended by Regula-
tion (EC) No 896/97 (13);

the accounts of

(6) Whereas it has emerged that the communication of the
information referred to in Articles 31 and 32 of Regula-
tion (EEC) No 2220/85 is no longer of systematic
interest to the Commission as it was under the former
clearance of accounts procedure; whereas, moreover, the
new clearance of accounts procedure has simplified the
information to be forwarded by the Member States;

(7) Whereas this information should remain available;

(8) Whereas the measures provided for in this Regulation
the relevant

are in accordance with the opinion of
Management Committees,

(1) Whereas numerous provisions of Community agricul-
tural regulations require the lodging of securities and the
possible forfeiture thereof;

HAS ADOPTED THIS REGULATION:

(2) Whereas the references to several regulations defining
the scope of Commission Regulation (EEC) No 2220/
85 (9), as last amended by Regulation (EC) No 3403/
93 (10), should be updated for the sake of clarity;

Article 1

(3) Whereas with a view to simplifying the administration
of
the security system certain provisions concerning
lodging and forfeiture of small amounts and the calcula-
tion of interest should be amended;

1. Article 1 is replaced by the following:

‘Article 1

Regulation (EEC) No 2220/85 is hereby amended as follows:

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 160, 26.6.1999, p. 1.
(3) OJ L 73, 21.3.1977, p. 46.
(4) OJ L 163, 22.6.1985, p. 12.
(5) OJ L 148, 30.6.1995, p. 48.
(6) OJ L 190, 4.7.1998, p. 4.
(7) OJ L 181, 1.7.1992, p. 12.
(8) OJ L 210, 28.7.1998, p. 3.
(9) OJ L 205, 3.8.1985, p. 5.
(10) OJ L 310, 14.12.1993, p. 4.

This Regulation lays down the rules governing securities to
be given, either to the following Regulations or under any
implementing regulations, unless other rules are laid down
by those Regulations:

(11) OJ L 125, 8.6.1995, p. 1.
(12) OJ L 158, 8.7.1995, p. 6.
(13) OJ L 128, 21.5.1997, p. 8.

L 240/12

EN

Official Journal of the European Communities

10. 9. 1999

(a) Regulations laying down the common organisation of

(d) Council Regulation (EEC) No 1765/92 (support system

markets in certain agricultural products:

for producers of certain arable crops) (19).

— Council Regulation No 136/66/EEC (oils and

fats) (1),

— Council Regulation (EEC) No 804/68 (milk and

milk products) (2),

— Council Regulation (EEC) No 805/68 (beef and

veal) (3),

— Council Regulation (EEC) No 2358/71 (seeds) (4),

— Council Regulation (EC) No 2200/96 (fruit and

vegetables) (5),

— Council Regulation (EEC) No 2759/75 (pigmeat) (6),

— Council Regulation (EEC) No 2771/75 (eggs) (7),

(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ L 148, 28.6.1968, p. 13.
(3) OJ L 148, 28.6.1968, p. 24.
(4) OJ L 246, 5.11.1971, p. 1.
(5) OJ L 297, 21.11.1996, p. 1.
(6) OJ L 282, 1.11.1975, p. 1.
(7) OJ L 282, 1.11.1975, p. 49.
(8) OJ L 282, 1.11.1975, p. 77.
(9) OJ L 329, 30.12.1995, p. 18.
(10) OJ L 63, 21.3.1995, p. 1.
(11) OJ L 177, 1.7.1981, p. 4.
(12) OJ L 297, 21.11.1996, p. 29.
(13) OJ L 84, 27.3.1987, p. 1.
(14) OJ L 312, 20.11.1998, p. 1.
(15) OJ L 181, 1.7.1992, p. 21.
(16) OJ L 215, 30.7.1992, p. 70.
(17) OJ L 388, 31.12.1992, p. 1.
(18) OJ L 148, 30.6.1995, p. 48.
(19) OJ L 181, 1.7.1992, p. 12.’;

— Council Regulation (EEC) No 2777/75 (poultry-

meat) (8),

‘Article 2

2. Article 2 is replaced by the following:

— Council Regulation (EC) No 3072/95 (rice) (9),

— Council Regulation (EC) No 603/95 (dried

fodder) (10),

— Council Regulation (EEC) No 1785/81 (sugar) (11),

— Council Regulation (EC) No 2201/96 (products

processed from fruit and vegetables) (12),

— Council Regulation (EEC) No 822/87 (wine) (13),

— Council Regulation (EC) No 2467/98 (sheepmeat

and goatmeat) (14),

This Regulation shall not apply to securities given to
ensure payment of import and export duties referred to
in Council Regulation (EEC) No 2913/92 (*).

(*) OJ L 302, 19.10.1992, p. 1.’;

3. In Article 5(1) ‘ECU 100’

is replaced by ‘500 EUR’;

4. Article 5(3) is deleted;

5.

in Article 12(2) and (3),
‘60 EUR’;

‘20 ECU’

is

replaced by

— Council Regulation (EEC) No 1766/92 (cereals) (15),

6.

in Article 12(4) the second subparagraph is deleted;

— Council Regulation (EEC) No 2075/92 (raw

7. In Article 29(2),

‘20 ECU’

is replaced by ‘60 EUR’;

tobacco) (16),

— Council Regulation (EEC) No 3759/92 (fishery and

aquaculture products) (17);

8. In Article 29(3),

after

the

first

subparagraph the

following subparagraph is added:

(b) Regulation (EEC) No 525/77 (pineapple preserve);

‘Where following the outcome of the appeal procedure
the party concerned is asked to pay within 30 days the
sum forfeited, for the purposes of calculating interest the
Member State may consider payment to be made on the
20th day following the date of such request.’;

(c) Council Regulation (EC) No 1554/95 (system of aid for

cotton) (18);

9.

‘Communications’ in the title of Title VII is replaced by
‘Information’;

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Official Journal of the European Communities

L 240/13

10. Article 31 is replaced by the following:

11. Article 32 is replaced by the following:

‘Article 31

‘Article 32

shall

keep

States

available

1. Member
the
Commission, for each year, the total number and sum
of securities forfeited, whatever stage of the procedure in
Article 29 has been reached, distinguishing in either case
between these credited to the national budgets and those
credited to the Community budget.

for

The information referred to in paragraph 1 shall
2.
be kept
in relation to all securities forfeited for an
amount greater than EUR 1 000 and each Community
provision requiring that a security be given.

Member States
available for the Commission:

shall keep the following information

(a) the types of institutions authorised to act as guaran-

tors and the requirements laid down;

(b) the types of security accepted pursuant
8(2) and the requirements laid down.’

to Article

Article 2

3.
Information shall cover both sums paid directly by
the interested party and sums recovered by realising a
security.’;

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, 9 September 1999.

For the Commission

Franz FISCHLER

Member of the Commission