Proposal for a Council Regulation correcting Regulation (EC) No 1786/2003 on the common organisation of the market in dried fodder
Date: 2005-11-16
Institutions: European Commission
Subjects: common organisation of markets, fodder, production aid, trading operation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.11.2005 
COM(2005) 572 final 

2005/0225 (CNS) 

Proposal for a 

COUNCIL REGULATION 

correcting Regulation (EC) No 1786/2003  
on the common organisation of the market in dried fodder 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The text of Council Regulation (EC) No 1786/2003 contains a number of errors that should be 
corrected without delay. 

The guaranteed maximum quantity for dried fodder should be amended. 

The method for calculating the reduction of the aid where that quantity is exceeded should be 
redrafted to ensure consistency. 

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2005/0225 (CNS) 

Proposal for a 

COUNCIL REGULATION 

correcting Regulation (EC) No 1786/2003  
on the common organisation of the market in dried fodder 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 36 and the third subparagraph of Article 37(2) thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  text  of  Council  Regulation  (EC)  No 1786/20032  contains  a  certain  number  of 
errors. 

In  Article 1,  CN  codes  1214 90 91  and  1214 90 99  should  be  replaced  by 
CN code 1214 90 90 following an amendment to the combined nomenclature. 

In  Article 5(1), 
replaced  by 
4 960 723 tonnes,  the  sum  of  the  national  quantities  listed  in  paragraph 2  of  that 
Article, as amended by Regulation (EC) No 583/2004. 

the  quantity  of  4 855 900 tonnes  should  be 

In Article 6, the first paragraph should be reworded so as to comply with the principle 
of no increase in budget expenditure set out in the second paragraph of that Article. 

(5) 

Regulation (EC) No 1786/2003 should therefore be amended accordingly. 

(6) 

This  Regulation  should  apply  from  the  date  of  application  of  Regulation  (EC) 
No 1786/2003, 

1 
2 

OJ L …, …, p. … 
OJ  L  270,  21.10.2003,  p. 114.  Regulation  as  amended  by  Regulation  (EC)  No 583/2004  (OJ L 91, 
30.3.2004, p. 1). 

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HAS ADOPTED THIS REGULATION: 

Regulation (EC) No 1786/2003 is hereby amended as follows: 

Article 1 

(1) 

(2) 

In  Article 1,  CN codes  ‘ex  1214 90 91’  and  ‘ex  1214 90 99’  shall  be  replaced  by 
CN code ‘ex 1214 90 90’. 

In  Article 5(1), 
‘4 960 723’ tonnes. 

the  quantity  of 

‘4 855 900’ tonnes  shall  be 

replaced  by 

(3) 

In Article 6, the first paragraph shall be replaced by the following: 

‘Where  during  a  marketing  year  the  volume  of  dried  fodder  for  which  aid  as 
provided for in Article 4(2) is claimed exceeds the guaranteed maximum quantity set 
out  in  Article 5(1),  the  aid  shall  be  reduced  in  each  Member  State  in  which 
production  exceeds  the  guaranteed  national  quantity  by  reducing  expenditure 
proportionally  to  the  percentage  of  the  sum  of  the  overruns  represented  by  the 
overrun of that Member State.’ 

Article 2 

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

It shall apply from 1 April 2005. 

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

Done at Brussels,  

For the Council 
The President 

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FINANCIAL STATEMENT 

1. 

BUDGET HEADING: 

05 02 1101 

2. 

TITLE: 

APPROPRIATIONS: 

EUR 272 million 

Proposal  for  a  Council  Regulation  correcting  Regulation  (EC)  No  1786/2003  on  the  common 
organisation of the market in dried fodder. 

3. 

LEGAL BASIS: 

Article 37 of the Treaty. 

4. 

AIMS: 

To correct a number of errors in Regulation (EC) No 1786/2003. 

5. 

FINANCIAL IMPLICATIONS 

12 MONTH 
PERIOD 

(EUR million) 

CURRENT 
FINANCIAL 
YEAR  2005 
(EUR million) 

FOLLOWING 
FINANCIAL 
YEAR  2006 
(EUR million) 

5.0 

EXPENDITURE 
– 
(REFUNDS/INTERVENTIONS)–

CHARGED TO THE EC BUDGET 

NATIONAL AUTHORITIES 
OTHER 

– 

5.1  REVENUE 

– 

– 

– 

– 

– 

– 

OWN RESOURCES OF THE EC 

– 
(LEVIES/CUSTOMS DUTIES) 
– 

NATIONAL 

5.0.1  ESTIMATED EXPENDITURE 
5.1.1  ESTIMATED REVENUE 

5.2  METHOD OF CALCULATION: 

– 

2007 

2008 

2009 

2010 

– 
– 

– 
– 

– 
– 

– 
– 

6.0  CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN 

THE RELEVANT CHAPTER OF THE CURRENT BUDGET? 

6.1  CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS 

OF THE CURRENT BUDGET? 

6.2  WILL A SUPPLEMENTARY BUDGET BE NECESSARY? 

6.3  WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? 

YES NO 

YES NO 

YES NO 

YES NO 

OBSERVATIONS: 

The  Regulation  corrects  a  number  of  errors  (MGQ)  and  details  the  method  for  calculating  penalties  in  the 
case of overruns. Compared with the method used to date, there is no additional financial impact. 

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