Commission Regulation (EC) No 2236/2003 of 23 December 2003 laying down detailed rules for the application of Council Regulation (EC) No 1868/94 establishing a quota system in relation to the production of potato starch
Date: 2003-12-23
Institutions: European Commission
Subjects: potato, quantitative restriction, starch

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COMMISSION REGULATION (EC) No 2236/2003

of 23 December 2003

laying down detailed rules for the application 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,

Having regard to the Treaty establishing the European
Community,

toes or of potatoes with a higher starch content than
was originally foreseen, for an undertaking producing
potato starch to accept such potatoes provided that it
pays the minimum price.

Having regard to Council Regulation (EC) No 1868/94 of 27
July 1994 establishing a quota system in relation to the produc-
tion of potato starch (1), and in particular Article 8 thereof,

(4)

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 97/95 (2)
laid down
rules concerning the application of Regulation (EC) No
1868/94. By reason of the amendments of Regulation
(EC) No 1868/94 by the Treaty of Accession of the
Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
Hungary, Malta, Poland, Slovenia and Slovakia, and by
the Council Regulation (EC) No 1782/2003 of 29
September 2003 establishing common rules for direct
support schemes under the common agricultural policy
and establishing certain support schemes for farmers and
(EC) No
amending Regulations
1452/2001, (EC) No 1453/2001, (EC) No 1454/2001,
(EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999,
(EC) No 1673/2000, (EEC) No 2358/71 and (EC) No
2529/2001, Regulation (EC) No 97/95 should be
adapted in order to take into account those amend-
ments. For the sake of clarity and legal certainty, it is
therefore necessary to repeal Regulation (EC) No 97/95
and to replace it by a new text.

(EEC) No 2019/93,

In order to benefit from the Community aid under the
system of quotas laid down by Regulation (EC) No
1868/94, undertakings producing potato starch should
conclude cultivation contracts with potato producers.

It is necessary to specify what matters should be covered
by a cultivation contract between an undertaking produ-
cing potato starch and a producer so as to prevent the
conclusion of contracts in excess of the undertaking's
subquota. Such undertakings should be prohibited from
accepting delivery of potatoes not covered by a cultiva-
tion contract, as this would put at risk the effectiveness
of
the
minimum price set out in Article 4a of Regulation (EC)
No 1868/94 be paid for all potatoes intended for starch
production. Nevertheless,
it should be possible, where
climatic reasons lead to production in the areas covered
by the cultivation contract of a larger quantity of pota-

the quota system and the requirement

that

(1) OJ L 197, 30.7.1994, p. 4. Regulation as last amended by Regu-

lation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).

(2) OJ L 16, 24.1.1995, p. 3. Regulation as last amended by Regulation

(EC) No 1350/2003 (OJ L 192, 31.7.2003, p. 7).

(5)

(6)

(7)

(8)

(9)

Potatoes having a starch content of
less than 13 %
cannot be considered potatoes intended for the manufac-
ture of potato starch. Potatoes with a starch content of
less than 13 % should not be accepted by starch-produ-
cing undertakings. The Commission should, where
climatic reasons lead to a lower starch content, and at
the request of a Member State, be able to authorise the
acceptance of potatoes having a starch content lower
than 13 % under certain conditions.

It is necessary to define acceptable methods for deter-
mining the underwater weight of potatoes and to
provide a table showing the corresponding starch
content and aid payable.

Inspection measures should be introduced to ensure that
only starch produced in accordance with the provisions
of this Regulation gives rise to payment of the premium.
In order to protect producers of potatoes intended for
the production of starch, it is essential for the minimum
price set out in Article 4(a) of Regulation (EC) No 1868/
94 to be paid for all potatoes. It is therefore necessary to
provide for sanctions where the minimum price has not
been paid, or where starch-producing undertakings have
accepted potatoes not covered by a cultivation contract.

that potato starch
Rules are necessary to ensure
produced in excess of a starch-producing undertaking's
subquota is exported without export
is
required by Article 6(1) of Regulation (EC) No 1868/94.
Sanctions should be applied in the event of any breach.

refund, as

It
is necessary to specify what will happen to the
subquota of starch-producing undertakings which merge,
change ownership or cease trading.

It is necessary to enable the Member States and the
Commission to control
the quota
system. The information to be communicated by under-
takings producing potato starch to the Member State,
and by the Member State to the Commission, should be
specified.

the operation of

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(10)

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

HAS ADOPTED THIS REGULATION:

as the factory in question, if, after the lease takes effect, the
undertaking which rents the factory can be considered a
single starch-producing undertaking for its entire produc-
tion;

(l) aid for starch potato: aid established for farmers producing
potatoes intended for the manufacturing of potato starch
referred to in Article 93 of Regulation (EC) No 1782/2003.

CHAPTER I

Article 2

DEFINITIONS — QUOTA SYSTEM

Article 1

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

For the purposes of this Regulation, the following definitions
shall apply:

(a) quota: the quota laid down for each Member State by

Article 2(1) and (3) of Regulation (EC) No 1868/94;

(b) subquota: that part of the quota allocated by the Member

State to a starch-producing undertaking;

(c) starch-producing undertaking: any natural or legal person
established on the territory of the Member State concerned
which receives the subquota and premium referred to in
Article 5 of Regulation (EC) No 1868/94;

(d) producer: any natural or legal person or group of such
persons, which delivers to a starch-producing undertaking
potatoes produced by itself or its members,
in its own
name and on its own behalf under a cultivation contract
concluded by itself or in its own name;

(e) cultivation contract: any contract concluded between a
producer or group of producers and the starch-producing
undertaking;

(f) potatoes: potatoes intended for the manufacture of potato
starch as referred to in Article 93 of Regulation (EC) No
1782/2003 and having a starch content of at least 13 %;

(g) unprocessed starch:

starch produced under CN code

1108 13 00 which has not undergone any processing;

(h) merger of starch-producing undertakings: the consolidation
into a single undertaking of two or more starch-producing
undertakings;

(i) transfer of ownership of a starch-producing undertaking:
the assignment or absorption of the assets of an under-
taking holding a subquota, to one or more starch-produ-
cing undertakings;

(j) transfer of ownership of a starch factory: the assignment of
ownership of a technical unit,
the plant
required to manufacture starch, to one or more undertak-
ings, resulting in the partial or total absorption of the
outpost of the undertaking making the assignment;

including all

(k) lease of a factory: the leasehold contract of a technical unit
including all the plant required for the manufacture of
starch, with a view to its operation, concluded for a period
of at least three consecutive marketing years with an under-
taking which is established within the same Member State

CHAPTER II

PRICE AND PAYMENT SYSTEM

Article 3

A cultivation contract

1.
shall be concluded for each
marketing year. Each contract shall have an identification
number and include at least the following information:

(a) the name and address of the producer or group of produ-

cers;

(b) the name and address of the starch-producing undertaking;

(c) the areas cultivated, expressed in hectares with two deci-
mals and identified in conformity with Commission Regu-
lation (EC) No 2419/2001 (1) on the integrated administra-
tion and control system (IACS);

(d) the foreseen quantity of potatoes in tonnes to be harvested
there and delivered to the starch-producing undertaking;

(e) the foreseen average starch content of the potatoes, based
on the average starch content of the potatoes delivered by
the producer to the starch-producing undertaking over the
last three marketing years or,
if such information is not
available, on the average content for the area of supply;

(f) a commitment by the starch-producing undertaking to pay
the producer the minimum price referred to in Article 4a
of Regulation (EC) No 1868/94.

2.
Each starch-producing undertaking shall forward to the
competent authority before the beginning of the marketing
year a summary of the contracts, including for each contract,
the identification number, the name of the producer, the areas
cultivated, and the tonnage contracted, expressed in terms of
starch equivalent, before a date to be fixed by the Member State
before the beginning of the marketing year, in order to ensure
the necessary controls.

3.
The total in starch equivalent of the quantities listed in
the cultivation contracts shall not exceed the subquota estab-
lished for that starch-producing undertaking.

(1) OJ L 327, 12.12.2001, p. 11.

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4. Where the quantity actually produced under the cultiva-
tion contract in starch equivalent exceeds the quantity stated in
the contract, that quantity may be delivered,
if the starch-
producing undertaking so chooses, provided the minimum
price referred to in Article 4a of Regulation (EC) No 1868/94
is paid for it.

A starch-producing undertaking may not take delivery of

5.
potatoes not covered by a cultivation contract.

Article 4

Delivery of potatoes shall take place either at the starch-

1.
producing undertakings themselves or at their delivery points.

2.
The determination the weight of the potatoes and the
starch content, in conformity with Articles 5 and 7, shall be
carried out at the time of delivery and under the authority of
an inspector approved by the Member State.

Article 5

the purposes of one of

the
1. Where so required for
methods referred to in Annex I of Regulation (EC) No 2235/
2003 (1), the gross weight of the potatoes shall be determined
for each load at the time of delivery by comparative weighing
of the means of transport used, loaded and empty.

2.
The net weight of the potatoes shall be determined by
one of the methods described in Annex I of Regulation (EC) No
2235/2003.

Accepted consignments must have a starch content of

3.
not less than 13 %.

However, starch-producing undertakings may accept consign-
ments of potatoes with a starch content below 13 %, provided
that the quantity of starch that can be manufactured from these
potatoes does not exceed 1 % of the subquota. The minimum
price to be paid in this case shall be that valid for a starch
content of 13 %.

Article 6

The starch content of the potatoes shall be determined on the
basis of an underwater weight valid for 5 050 grams of pota-
toes supplied.

The water used shall be clean and without additives and its
temperature shall be less than 18 °C.

Article 7

1.
The premium shall be granted to starch-producing under-
takings in respect of starch produced from potatoes of sound
and fair marketable quality, on the basis of the quantity of
potatoes used and their starch content, at the rates laid down
in Annex II of Regulation (EC) No 2235/2003 up to the quan-
tity of starch for which they hold a subquota. No premium
shall be granted for starch produced from potatoes that are not
of sound and fair marketable quality nor for starch produced
from potatoes whose starch content is below 13 %, except
where the second subparagraph of Article 5(3) applies.

(1) See page 36 of this Official Journal.

Where the starch content of the potatoes is calculated by Reim-
ann's or Parrow's scale and corresponds to a figure appearing
on two or three lines in the second column in Annex II of
Regulation (EC) No 2235/2003, the rates applicable shall be
those for the second or third line.

2. Where the batches delivered contain 25 % or more of
potatoes which can pass through a screen with a square mesh
of 28 mm (hereinafter described as ‘tailings’), the net weight
used for determining the minimum price to be paid by the
starch manufacturer shall be reduced as follows:

Percentage of tailings

Percentage reduction

25 to 30 %

31 to 40 %

41 to 50 %

10 %

15 %

20 %

If the batches contain more than 50 % of tailings, they shall be
dealt with by mutual agreement and no premium shall be paid
thereon.

The percentage of tailings shall be determined at the same time
as the net weight.

3.
Observance of the limits of the subquota by the starch-
producing undertakings shall be determined on the basis of the
quantity and starch content of the potatoes used, in accordance
with the rates laid down in Annex II of Regulation (EC) No
2235/2003.

Article 8

the starch-producing undertaking,

A receipt form shall be drawn up under the joint respon-
1.
the approved
sibility of
inspector and the supplier. The starch-producing undertaking
shall deliver a copy to the producer and retain the original so
that it may, if necessary, be submitted to the agency responsible
for the monitoring of premiums.

The receipt form shall contain at least the following infor-
from operations carried out

2.
mation where this appears
pursuant to Articles 4 to 7:

(a) date of delivery;

(b) delivery number;

(c) number of the cultivation contract;

(d) name and address of the potato producer;

(e) weight of the means of transport on arrival at the starch

factory or delivery point;

(f) weight of

the means of
removal of residual earth;

transport after unloading and

(g) gross weight of the delivery;

(h) reduction for extraneous matter and weight of water
absorbed during washing, expressed as a percentage and
applied to the gross weight of the delivery;

(i) reduction, expressed in weight, applied to the gross weight

of the delivery as a result of extraneous matter;

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(j) percentage of tailings;

Article 11

(k) total net weight of the delivery (gross weight
reduction, including the correction for tailings);

less the

(l) starch content, expressed as a percentage or underwater

weight;

(m) unit price to be paid.

Article 9

For each producer, the starch-producing undertaking shall draw
up a summary payment slip containing the following particu-
lars:

(a) business name of the starch-producing undertaking;

(b) name and address of the potato producer;

(c) cultivation contract number;

(d) date and number of the receipt forms;

(e) net weight of each delivery after any reductions as provided

for in Article 8(2);

(f) unit price per delivery;

(g) total amount due to the grower;

(h) sums paid to the potato producer and date of payments;

The Member States shall

1.
introduce inspection arrange-
ments for on-the-spot verification of the operations conferring
entitlement to the premium and compliance with the subquota
laid down for each starch-producing undertaking. In order to
carry out such checks, inspectors shall have access to the stock
records and accounts of undertakings and to manufacturing
and storage premises.

During each processing period, inspection shall cover the entire
processing of at least 10 % of the potatoes supplied to the
starch-producing undertaking.

2. Member States shall inform each starch-producing under-
taking, as appropriate, of the amounts of starch by which it has
exceeded its subquota.

3.
Should the competent body establish that the requirement
specified in the second indent of Article 10(1) has not been
respected by the starch-producing undertaking,
that under-
taking shall, in the absence of force majeure, lose entitlement to
premiums, in whole or in part, as follows:

— if the requirement has not been observed in respect of a
quantity of starch less than 20 % of the total quantity of
starch produced by the undertaking, the premium granted
shall be reduced by five times the percentage in question,

(i) signature and stamp of the starch manufacturer.

— if the percentage in question is 20 or more, no premium

shall be granted.

CHAPTER III

PAYMENTS — PENALTIES

Article 10

1.
The payment of the premium referred to in Article 5 of
Regulation (EC) No 1868/94 shall be subject to the condition
that
the starch-producing undertaking provides proof
that
following requirements have been fulfilled:

— the starch in question has been produced during the

marketing year concerned,

— the price which has been paid to the producers is not less
than that referred to in Article 4a of Regulation (EC) No
1868/94 at the delivered-to-factory stage for the whole
quantity of potatoes produced in the Community and used
for the production of starch,

— the starch in question was produced using potatoes covered

by the cultivation contracts referred to in Article 3.

The proof referred to in paragraph 1 shall be furnished
2.
by submission of the summary payment slip provided for in
Article 9, accompanied either by certification of payment by
the producer or by a voucher issued by the financial under-
taking that made the payment on the order of the starch manu-
facturer, certifying that such payment has been made.

3.
The premium for starch producing undertakings shall be
paid by the Member State on whose territory the potato starch
was manufactured within four months following the date on
which the proof referred to in paragraph 1 was furnished.

4.
If contravention of the prohibition contained in Article
3(5) is established, the premium paid for the subquota shall be
reduced as follows:

— if the check shows a quantity of starch equivalent accepted
by the undertaking of less than 10 % of its subquota, the
total premiums to be paid to the undertaking for the
marketing year in question shall be reduced by 10 times
the percentage recorded,

— if

the quantity not covered by production contracts is
greater than the amount specified in the first indent, no
premium shall be granted for the marketing year in ques-
tion; furthermore, no premium shall be paid to the under-
taking for the following marketing year.

5.
If, contrary to Article 5(3), the starch that can be manu-
factured from consignments accepted with a starch content
below 13 %:

— exceeds 1 % of the processing undertaking's subquota, no
premium shall be granted for the excess quantity; further-
the premium granted for the subquota shall be
more,
reduced by ten times the excess percentage recorded;

— exceeds 11 % of the processing undertaking's subquota; no
premium shall be granted for the marketing year in ques-
tion; furthermore, the processing undertaking shall be ineli-
gible for the premium for the following marketing year.

6.
Inspections undertaken pursuant to this Article shall be
without prejudice to any further verification by the competent
authorities.

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Article 12

1.
The export operation referred to in Article 6 of Regu-
lation (EC) No 1868/94 shall be regarded as having taken place
when:

(a) the competent body of the Member State of production,
irrespective of the Member State from which the starch was
exported, has received the proof referred to in Article
13(2);

(b) the Member State of exportation has accepted the relevant
export declaration before 1 January following the end of
the marketing year during which the starch was produced;

(c) the starch in question has left the customs territory of the
Community no later than 60 days after 1 January as speci-
fied in point (b);

(d) the product has been exported without refund.

Except in cases of force majeure, if all the conditions set out in
the first subparagraph are not complied with, any quantity of
starch which exceeds the subquota shall be regarded as having
been disposed of on the internal market.

In cases of

force majeure,

2.
the
Member State on whose territory the starch was produced shall
adopt measures appropriate to the circumstances cited by the
party concerned.

the competent body of

Where the starch is exported from the territory of a Member
State other than the one where it was produced, these measures
shall be taken after receiving the views of the competent autho-
rities of that Member State.

For

the purposes of

3.
this Regulation, Article 36 of
Commission Regulation (EC) No 800/1999 (1) may be not
invoked.

Article 13

By way of derogation from Article 12 of Commission
the security for export

1.
Regulation (EC) No 1342/2003 (2)
licences shall be EUR 23 per tonne.

2.
Proof that the starch-producing undertaking in question
has complied with the conditions laid down in the first sub-
paragraph of Article 12(1) shall be furnished to the competent
body of the Member State on whose territory the starch was
produced, before 1 April of the calendar year following the end
of the marketing year during which it was produced.

3.

Such proof shall be furnished by the production of:

(a) an export licence issued to the starch-producing under-
taking in question by the competent authority of
the
Member State referred to in paragraph 2 bearing one of the
following statements, by way of derogation from Article 3
of Regulation (EEC) No 1518/95 (3):

— «Para exportación sin restitución, de conformidad con el

artículo 6 del Reglamento (CE) no 1868/94»

(1) OJ L 102, 17.4.1999, p. 11.
(2) OJ L 189, 29.7.2003, p. 12.
(3) OJ L 147, 30.6.1995, p. 55.

— »Skal eksporteres uden restitution,

jf. artikel 6 i

forordning (EF) nr. 1868/94«

— „Ausfuhr ohne Erstattung gemäß Artikel 6 der Verord-

nung (EG) Nr. 1868/94“

— «Προς εξαγωγή χωρίς επιστροφή σύµφωνα µε το άρθρο 6

του κανονισµού (ΕΚ) αριθ. 1868/94»

— ‘For export without refund under Article 6 of Regu-

lation (EC) No 1868/94’

— «À exporter sans restitution conformément à l'article 6

du règlement (CE) no 1868/94»

— «Da esportare senza restituzione a norma dell'articolo 6

del regolamento (CE) n. 1868/94»

— „Overeenkomstig artikel 6 van Verordening (EG) nr.

1868/94 zonder restitutie uit te voeren”

— «A exportar sem restituição em conformidade com o

artigo 6.o do Regulamento (CE) n.o 1868/94»

— ”Viedään tuetta asetuksen (EY) N:o 1868/94 6 artiklan

mukaisesti”

— ”För

export utan exportbidrag enligt

artikel 6 i

förordning (EG) nr 1868/94”

(b) the documents referred to in Articles 32 and 33 of
Commission Regulation (EC) No 1291/2000 (4) required for
the release of the security;

(c) a statement by the starch-producing undertaking certifying

that it produced the starch.

4. When the unprocessed starch produced by a starch-
producing undertaking is stored for export in a silo, warehouse
or bin outside the factory of the manufacturer in the Member
State of production, or in any other Member State, where other
unprocessed starch produced by other undertakings or by the
same one is also stored so that the products so stored cannot
be physically distinguished, all such products shall be placed
under administrative supervision offering guarantees equivalent
to those of the customs services until the export declaration
referred to in Article 12(1)(b) has been accepted, and shall be
placed under customs supervision as soon as the declaration is
accepted.

In the circumstances referred to in the first subparagraph when
withdrawal from stock occurs before acceptance of the export
declaration referred to in Article 12(1)(b), a proof shall be
provided by the competent authorities of the Member State
where storage took place.

When withdrawal from stock occurs after acceptance of the
export declaration referred to in Article 12(1)(b), a proof within
the meaning of Article 33(2)(a) of Regulation (EC) No 1291/
2000 shall be provided by the customs authorities of
the
Member State where storage took place.

(4) OJ L 152, 24.6.2000, p. 1.

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The proof referred to in the second and third subparagraphs
shall testify to the withdrawal from stock of the product in
question or the corresponding substitute quantity within the
meaning of the first subparagraph.

the
Where there is more than one transferee undertaking,
subquota shall be allocated in proportion to the production of
starch which each has absorbed;

Article 14

Where unprocessed starch produced by a starch-producing
undertaking is stored loose under the customs warehousing or
free-zone procedure for the advance refund as defined in
Council Regulation (EEC) No 565/80 (1), that starch may,
in
addition to the operations referred to in Article 29(4) of Regu-
lation (EC) No 800/1999, also be mixed in the same storage
place with other starches falling within the same subheading of
the nomenclature used for the refunds, which have the same
technical characteristics and fulfil the conditions required for
the granting of export refunds and are also placed under the
arrangements provided for by Regulation (EC) No 800/1999 or
Regulation (EEC) No 565/80.

Article 15

The Member State concerned shall impose on the quanti-
1.
ties which are considered to have been disposed of on the
internal market, within the meaning of
the second sub-
paragraph of Article 12(1), in the case of unprocessed starch or
any derived product listed in the Annex to Commission Regu-
lation (EC) No 1518/95 (2) or falling within the scope of
Commission Regulation (EC) No 1520/2000 (3), a flat rate
amount calculated by tonne of unprocessed starch and equal to
the Common Customs Tariff applicable by tonne of starch
under CN code 1108 13 00 during the marketing year during
which the starch or derived products were produced, plus
10 %.

2.
The Member State concerned shall, before 1 May
following 1 January as specified in Article 12(1)(b), notify the
starch-producing undertakings of the total amount to be paid.

That total amount shall be paid by the starch-producing under-
takings in question no later than 20 May of that year.

Article 16

In the event of the merger of starch-producing undertak-
1.
ings,
the Member State shall allocate to the undertaking
resulting from the merger a subquota equal to the sum of the
subquotas allocated prior to the merger to the starch-producing
undertakings concerned;

In the event of the transfer of ownership of a starch-producing
undertaking, the Member State shall allocate to the transferee
the undertaking transferred.
undertaking the subquota of

(1) OJ L 62, 7.3.1980, p. 5.
(2) OJ L 147, 30.6.1995, p. 55.
(3) OJ L 177, 15.7.2000, p. 1.

In the event of the transfer ownership of a starch factory, the
Member State shall reduce the subquota of the undertaking
transferring ownership of the factory and increase the subquota
of
undertakings
purchasing the factory in question by the quantity deducted, in
proportion to the production absorbed.

starch-producing

undertaking

the

or

2.
In the event of the closure, in circumstances other than
those referred to in paragraph 1, of a starch-producing under-
taking, or of one or more factories of a starch-producing
undertaking,
the Member State may allocate the subquotas
involved by such closure to one or more starch-producing
undertakings.

3.
In the event of the lease of a factory belonging to a
starch-producing undertaking, the Member State shall reduce
the subquota of the undertaking which offers the factory for
rent and shall allocate the portion by which the subquota was
reduced to the undertaking which rents the factory in order to
produce starch in it.

If the lease is terminated before the term referred to in Article
1(k), the adjustment of the subquota pursuant to the preceding
subparagraph shall be cancelled retroactively by the Member
State as from the date on which the lease took effect.

4.
If following the application of the first subparagraph of
paragraph 1 production ceases in the factories of one or more
of the starch-producing undertakings that have merged, thus
seriously threatening the continuing production of potatoes for
the manufacture of starch in the area which had previously
supplied this undertaking or these undertakings, the Member
State may direct the merged undertaking to transfer to the
Member State the subquota initially allocated to the enterprise
whose factories have since ceased production. Any quota trans-
ferred in accordance with the first subparagraph may be reallo-
cated by the Member State to any starch-producing undertaking
starch in the area
that undertakes
concerned.

to manufacture

the

Article 17

When the closure of the undertaking or factory, the merger or
transfer occurs between 1 July and 31 March of the following
year, the measures referred to in Article 16 shall take effect for
the marketing year current during that period.

When the closure of the undertaking or factory, the merger or
transfer occurs between 1 April and 30 June of the same year,
the measures referred to in Article 16 shall take effect for the
marketing year following that period.

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CHAPTER IV

NOTIFICATIONS

Article 18

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 benefited from
the aid provided for in Article 93 of Regulation (EC) No
1782/2003,

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

Article 19

By 30 June of each marketing year at the latest, the

1.
Member States shall notify the Commission of:

(a) the quantities of starch potatoes which have qualified under

Article 93 of Regulation (EC) No 1782/2003;

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

(c) the quantities and subquotas for

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

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

(e) the quantities referred to in Article 11(3) and (4) of this

(f) the quantities referred to in Article 15 of this Regulation.

2. Where Article 16 applies, by 30 June of each marketing
year at the latest, the Member States shall supply the Commis-
sion with all the detailed information relating thereto, together
with supporting documents showing that the conditions laid
down have been observed.

CHAPTER V

GENERAL AND FINAL PROVISIONS

Article 20

The conversion rate to be used to express the minimum price
referred to in Article 4a of Regulation (EC) No 1868/94 and
the premium referred to in Article 5 of that Regulation in
national currency shall be the most recently published by the
European Central Bank prior to the day on which the potatoes
are received by the starch manufacturer.

Article 21

Regulation (EC) No 97/95 is hereby repealed with effect from 1
July 2004.

Article 22

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Union.

Regulation;

It shall apply from the marketing year 2004/05.

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

Done at Brussels, 23 December 2003.

For the Commission

Franz FISCHLER

Member of the Commission