Proposal for a Council Regulation laying down special measures to encourage silkworm rearing (Codified version)
Date: 2006-01-16
Institutions: European Commission
Subjects: EU law, codification of EU law, sericulture

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.01.2006 
COM(2006) 4 final 

2006/0003 (CNS) 

Proposal for a 

COUNCIL REGULATION 

laying down special measures to encourage silkworm rearing 

(Codified version) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

this  proposal 

codification  of 
is 
The  purpose  of 
Regulation (EEC) No 845/72  of  the  Council  of  24  April  1972  laying  down  special 
measures  to  encourage  silkworm  rearing3.  The  new  Regulation  will  supersede  the 
various acts incorporated in it4; this proposal fully preserves the content of the acts 
being codified and hence does no more than bringing them together with only such 
formal amendments as are required by the codification exercise itself. 

to  undertake 

a 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in  all  official  languages,  of  Regulation  (EEC) No 845/72  and  the  instruments 
amending  it,  carried  out  by  the  Office  for  Official  Publications  of  the  European 
Communities, by means of a data-processing system. Where the Articles have been 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex I to this proposal. 

1. 

2. 

3. 

4. 

5. 

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3 

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given new numbers, the correlation between the old and the new numbers is shown 
in a table contained in Annex II to the codified Regulation. 

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(cid:208) 845/72 (adapted) 

2006/0003 (CNS) 

Proposal for a 

COUNCIL REGULATION 

laying down special measures to encourage silkworm rearing 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 43 ⌦ 37 ⌫ thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Whereas: 

(1) 

Regulation  (EEC)  No  845/72  of  the  Council  of  24  April  1972  laying  down  special 
measures  to  encourage  silkworm  rearing3  has  been  substantially  amended  several 
times4. In the interests of clarity and rationality the said Regulation should be codified.  

(cid:208)  

(2) 

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2 
3 

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(cid:208) 845/72 Recital 1 (adapted) 

[Council Regulation (EEC) No 827/68] of 28 June 1968 on the common organiszation 
of  the  market  in  certain  products  listed  in  Annex  II  to  the  Treaty5  lays  down  the 
measures  governing  trade  in  silkworms  and  silkworm  eggs  without,  however, 
providing for support measures within the Community. Silkworm rearing is  of  some 
importance  to  the  economies  of  certain  regions  of  the  Community.  This  activity  is  a 
source of additional income for farmers in those regions. Measures should therefore be 
adopted to help to ensure a fair income for silkworm rearers. 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 100, 27.4.1972, p. 1. Regulation as last amended by Regulation (EC) No 1668/2000 (OJ L 193, 
29.7.2000, p. 6). 
See Annex I. 
OJ  L  151,  30.6.1968,  p.  16.  ⌦ Regulation  as  last  amended  by  Regulation  (EC)  No  865/2004 
(OJ L 161, 30.4.2004, p. 97). ⌫ 

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(3) 

To  that  end,  provision  should  be  made  for  measures  to  facilitate  the  adjustment  of 
supply to market requirements, and an aid replacing all national silkworm aids should 
be  granted  for  silkworm  rearing.  In  view  of  the  characteristic  features  of  silkworm 
rearing, this aid should take the form of a fixed sum per box of silkworm eggs used. 

(cid:208) 845/72 Recital 2 

(4) 

Expenses incurred by the Member States as a result of the obligations resulting from 
this  Regulation  should  be  financed  by  the  Community  in  accordance  with  the 
provisions relating to the financing of the common agricultural policy. 

(cid:208) 845/72 Recital 3 

(5) 

The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission6, 

(cid:208)  

HAS ADOPTED THIS REGULATION: 

(cid:208) 845/72 

(cid:208) 1668/2000 Art. 1. pt. 1 
(adapted) 

Article 1 

1.  Aid  shall  be  granted  for  silkworms  falling  within  ⌦ CN  code  0106 90 00 ⌫  and  for 
silkworm eggs falling within ⌦ CN code 0511 99 90 ⌫ reared within the Community. 

2.  The  aid  shall  be  granted  to  silkworm  rearers  for  each  box  of  silkworm  eggs  used,  on 
conditions that the boxes contain a minimum quantity of eggs, to be determined, and that the 
worms have been successfully reared. 

3. The aid per box of silkworm eggs used shall be EUR 133,26. 

(cid:208) 1668/2000 Art. 1. pt. 2 
(adapted) 

Article 2 

Detailed rules shall be adopted for the application of this Regulation in accordance with the 
procedure ⌦ referred to ⌫ in Article 4(2). 

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OJ L 184, 17.7.1999, p. 23. 

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The detailed rules shall cover in particular the minimum quantity referred to in Article 1(2), 
the information to be forwarded to the Commission by the Member States and any inspection 
measures to protect the Community's financial interests from fraud or other irregularities. 

(cid:208) 845/72 

Article 3 

The silkworm rearing year shall begin on 1 April of each calendar year and end on 31 March 
of the following calendar year. 

(cid:208) 1668/2000 Art. 1. pt. 3 
(adapted) 

Article 4 

1.  The  Commission  shall  be  assisted  by  the  Management  Committee  ⌦ for  Natural 
Fibres ⌫  established  by  Article  ⌦ 10 ⌫  of  Council  Regulation 
(EC)  No 
⌦ 1673/2000 ⌫7 , hereinafter referred to as “the Committee”. 

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall 
apply. 

The period referred to in Article 4(3) of Decision 1999/468/EC shall be set at one month. 

3. The Committee shall adopt its rules of procedure. 

(cid:208) 845/72 

Article 5 

The provisions governing the financing of the common agricultural policy shall apply to the 
products mentioned in Article 1. 

(cid:208)  

Article 6 

Regulation (EEC) No 845/72 is repealed. 

References to the repealed Regulation shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table in Annex II. 

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⌦ OJ L 193, 29.7.2000, p. 16. ⌫ OJ L 146, 4.7.1970, p. 1. 

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(cid:208) 845/72 (adapted) 

Article 7 

This Regulation shall enter into force on the ⌦ twentieth ⌫ day following ⌦ that of ⌫ its 
publication in the Official Journal of the European ⌦ Union ⌫. 

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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(cid:207) 

ANNEX I 

Repealed Regulation with its successive amendments 

Regulation (EEC) No 845/72 of the Council 

(OJ L 100, 27.4.1972, p. 1) 

Commission Regulation (EEC) No 4005/87 

(OJ L 377, 31.12.1987, p. 48) 

Council Regulation (EEC) No 2059/92 

(OJ L 215, 30.7.1992, p. 19) 

Council Regulation (EC) No 1668/2000 

(OJ L 193, 29.7.2000, p. 6) 

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ANNEX II 

CORRELATION TABLE 

Regulation (EEC) No 845/72 

This Regulation 

Article 1 

Article 2 

Article 3 

Article 4 

Article 5 

- 

Article 6 

- 

- 

Article 1 

Article 2 

Article 3 

Article 4 

Article 5 

Article 6 

Article 7 

Annex I 

Annex II 

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