Commission Regulation (EC) No 827/2000 of 25 April 2000 amending Regulation (EC) No 2461/1999 laying down detailed rules for the application of Council Regulation (EC) No 1251/1999 as regards the use of land set aside for the production of raw materials for the manufacture within the Community of products not primarily intended for human or animal consumption
Date: 2000-04-25
Institutions: European Commission
Subjects: agricultural product, crop production, fallow, land use, raw material

26.4.2000

EN

Official Journal of the European Communities

L 101/21

COMMISSION REGULATION (EC) No 827/2000

of 25 April 2000

amending Regulation (EC) No 2461/1999 laying down detailed rules for the application of Council
Regulation (EC) No 1251/1999 as regards the use of land set aside for the production of raw
materials for the manufacture within the Community of products not primarily intended for
human or animal consumption

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1251/1999 of 17
May 1999 establishing a support system for producers of
certain arable crops (1), as amended by Regulation (EC) No
2704/1999 (2), and in particular Article 9 thereof,

Whereas:

(1)

(2)

(3)

(4)

The first subparagraph of Article 6(3) of Regulation (EC)
No 1251/1999 provides that land set aside may be used
for the production of raw materials for the manufacture
within the Community of products not primarily
intended for human or animal consumption, provided
that effective control systems are applied.

In order to ensure compliance with point 7 of
the
Memorandum of Understanding on oilseeds between the
European Economic Community and the United States
of America within the framework of
the GATT, as
approved by Council Decision 93/355/EEC (3), the third
subparagraph of Article 6(3) of Regulation (EC) No
1251/1999 provides that if the quantity of by-products
for feed or food uses likely to be made available as a
result of the cultivation of oilseeds on land set aside
under the first subparagraph exceeds, on the basis of the
forecast quantities covered by contracts made with
producers, 1 million metric tonnes annually expressed in
soya bean meal equivalent,
that
quantity to 1 million metric tonnes, the amount of the
forecast quantity under each contract, which may be
used for feed or food uses,

is to be reduced.

in order

to limit

In order to be able to implement the rules laid down in
the third subparagraph of Article 6(3) of Regulation (EC)
No 1251/1999, the monitoring system for assessing the
introduced by Commission
quantity of by-products,
Regulation (EC) No 2461/1999 (4),
should now be
amplified.

It is necessary also to define the method of calculation
to be used by the Commission as part of the monitoring
system and to introduce a procedure for fixing the

(1) OJ L 160, 26.6.1999, p. 1.
(2) OJ L 327, 21.12.1999, p. 12.
(3) OJ L 147, 18.6.1993, p. 25.
(4) OJ L 299, 20.11.1999, p. 16.

(5)

(6)

(7)

(8)

coefficient for reducing the quantities of by-products
intended for feed or food uses to be applied to each
contract where the 1 million tonnes ceiling is exceeded.
In that situation, the pure protein content is the decisive
criterion for drawing up the method of calculation.

To ensure that the maximum quantity of by-products
intended for animal or human consumption is not
exceeded, evidence should be required concerning the
disposal of quantities of by-products for the non-feed or
non-food markets, to be provided upon release of the
security lodged by the collector or first processor.

In order to enable effective checks to be made on
compliance with the requirement not to exceed the 1
million tonnes ceiling, it is necessary to impose a dead-
line for disposing of quantities of by-products intended
for the non-feed or non-food markets.

for

The new rules on support
rural development
adopted in 1999 no longer expressly rule out agri-envir-
onmental aid for areas qualifying under the Community
set-aside arrangements which are used to grow non-feed
or non-food crops. In the interests of consistency, provi-
sions should be adopted prohibiting aggregation with
other Community support schemes.

Journal of

Since the Memorandum of Understanding was published
in the Official
the European Communities in
1993, operators are deemed to be aware of its content
from that date. In view of the threat of the 1 million
tonnes ceiling being exceeded in the 2000/01 marketing
year, provision needs to be made for applying the meas-
ures contained in this Regulation to all contracts
concluded in respect of that marketing year.

(9)

The measures laid down in this Regulation are in accord-
ance with the opinion of the Management Committee
for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2461/1999 is hereby amended as follows:

L 101/22

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Official Journal of the European Communities

26.4.2000

1. Article 4(4) is replaced by the following:

or first processor concerned is in possession of proof:

seed or

relate to rapeseed, colza seed,
‘4. Where contracts
sunflower
soya beans covered by CN codes
ex 1205 00 90, 1206 00 91, 1206 00 99 or 1201 00 90,
the applicants shall ensure that, in addition to the informa-
tion required under paragraph 2,
they specify the total
anticipated quantity of by-products and the anticipated
quantity of by-products intended for uses other than human
or animal consumption, by species in both cases.

The quantities shall be calculated on the basis of
following ratios:

the

(a) 100 kilograms of rapeseed and/or colza seed covered by
CN code 1205 00 90 shall be deemed equivalent to 56
kilograms of by-products;

(b) 100 kilograms of sunflower seed covered by CN codes
1206 00 91 or 1206 00 99 shall be deemed equivalent
to 56 kilograms of by-products;

(c) 100 kilograms of soya beans covered by CN code
1201 00 90 shall be deemed equivalent to 78 kilograms
of by-products.’

2. Article 14 is replaced by the following:

‘1. Without prejudice to Article 13, as soon as possible
and by 30 June at the latest of the year in which the raw
materials are to be harvested, the competent authorities
referred to in paragraph 1 of that Article shall inform the
Commission of the total quantity of each species of by-
products
intended for human or animal consumption
resulting from the contracts provided for in Article 4,
covering rapeseed, colza seed, sunflower seeds and soya
beans falling within CN codes ex 1205 00 90, 1206 00 91,
1206 00 99 and 1201 00 90.

2.
On the basis of the information provided pursuant to
paragraph 1, the Commission shall calculate the forecast
animal
total quantity of by-products
consumption, expressed in terms of soya bean meal equiva-
lent,
following
coefficients:

applying the method based on the

for human or

— soya cake: 48 %,

— colza cake: 32 %,

— sunflower cake: 28 %.

that

the Commission finds

If, as a result of the calculation made pursuant to the first
subparagraph,
there is an
overrun of the 1 million tonnes ceiling for by-products
intended for food or feed uses,
it shall fix, as soon as
possible and by 31 July at the latest of the year in which the
raw materials are to be harvested, the percentage reduction
to be applied to each contract, for the purpose of calcu-
lating the maximum quantity of by-products for human or
animal consumption.’

(a) that the quantity of raw material in question has been
processed in compliance with the requirement
laid
down in Article 4(2)(f), account being taken, where
necessary, of any changes pursuant to Article 8; and

covered

beans
1206 00 91,

(b) where contracts relate to rapeseed, colza seed, sunflower
seed
soya
or
CN codes
or
ex 1205 00 90,
1201 00 90 and the procedure laid down in Article
14(2) applies, that the quantity of by-products in excess
of
the maximum quantity for human or animal
consumption has found outlets other than the feed or
foodstuffs markets.’

1206 00 99

by

4. Article 16(2) is replaced by the following:

‘2.
The following shall constitute primary requirements
within the meaning of Article 20 of Regulation (EEC) No
2220/85:

(a) the obligation to process the quantities of raw materials
specified in the

principally into the end products
contract;

(b) where the procedure laid down in Article 14(2) applies,
the obligation to seek outlets other than the feed or
foodstuffs markets for quantities of by-products in
excess of the maximum quantity for human or animal
consumption.

Processing into one or more of the end products specified
in Annex III shall be carried out by 31 July of the second
year following the year in which the applicant harvests the
raw material. Where the procedure laid down in Article
14(2) applies, this deadline shall be observed also for the
disposal on markets other than the feed or foodstuffs
markets of the quantity of by-products in excess of the
maximum quantity for human or animal consumption.’

5. Points (a) and (b) of Article 25 are replaced by the

following:

‘(a) financing by the Guarantee Section of the European
Agricultural Guidance and Guarantee Fund pursuant to
Article 1(2)(a) and (b) of Regulation (EC) No 1258/
1999;

(b) Community aid as provided for in Chapter VIII of Regu-
lation (EC) No 1257/1999 with the exception of
support granted in respect of the costs of planting fast-
growing species as provided for in the second subpara-
graph of Article 31(3) thereof.’

3. Article 15(4) is replaced by the following:

‘4.
The security shall be released on a proportional basis
on condition that the competent authority of the collector

This Regulation shall enter
into force on the 20th day
following its publication in the Official Journal of the European
Communities.

Article 2

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It shall apply to all contracts concluded in respect of the 2000/01 and subsequent marketing years,
irrespective of the date of their conclusion.

Notwithstanding the preceding paragraph, the amendments to Articles 4(4) and 14(1) of Regulation (EC)
No 2461/1999 provided for in this Regulation shall apply to contracts concluded in respect of the 2001/02
and subsequent marketing years.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 25 April 2000.

For the Commission

Franz FISCHLER

Member of the Commission