CELEX: 51988PC0120(29)
Language: en
Date: 1988-04-05
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 2036/82 ADOPTING GENERAL RULES CONCERNING SPECIAL MEASURES FOR PEAS, FIELD BEANS AND SWEET LUPINS

30. 5. 88                                Official Journal of the European Communities                                No C 139/33
HAS ADOPTED THIS REGULATION:                                             However, additional conditions, in particular as regards
                                                                         fibre and carotene content, may be adopted in
                            Article 1                                    accordance with the procedure laid down in Article 12
                                                                         of Regulation (EEC) No 1117/78.'
Regulation (EEC) No 1417/78 is hereby amended as
follows:                                                             3. In Article 6, the words 'The aids referred to in Articles 3
                                                                         and 5 of Regulation (EEC) No 1117/78 shall be granted
1. In Article 1(1), the words 'listed in the first indent under          only to those processing plants which:' are replaced by:
    (b) in Article 1' are replaced by 'listed in the first and           'The aid referred to in Article 5 of Regulation (EEC) No
    third indents of Article 1(b)'.                                      1117/78 shall be granted only to those processing plants
                                                                         which:'.
2. Article 5 is replaced by the following:
                                                                     4. In Article 7(2), the words 'the amount of the aids
    'Article 5                                                           specified in Articles 3 and 5 of Regulation (EEC) No
                                                                         1117/78 which it receives' are replaced by 'the amount
    The aid referred to in Article 5 of Regulation (EEC) No              of the aid specified in Article 5 of Regulation (EEC) No
    1117/78 shall be granted, on application by the party                1117/78 which it receives'.
    concerned, for dried fodder from processing plants that
    meets the following requirements:                                5. The last paragraph of Article 8 is deleted.
    (a) the maximum moisture content shall be between 11             6. In Articles 9, 10 and 11, the word 'supplementary' is
        and 14 % and may vary according to the form of                   deleted.
        presentation of the product;
                                                                                                 Article 2
    (b) the minimum total crude protein content in dry
        matter must not be less than:                                This Regulation shall enter into force on the third day
                                                                     following its publication in the Official Journal of the
        — 15 % for the products listed in Article 1(b) and
                                                                     European Communities.
            the second indent of Article 1(c) of Regulation
            (EEC) No 1117/78,                                        It shall apply from 1 May 1988.
        — 45 % for the products listed in the first indent of        This Regulation shall be binding in its entirety and directly
            Article 1(c) of Regulation (EEC) No 1117/78.             applicable in all Member States.
               Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 2036/82 adopting
                        general rules concerning special measures for peas, field beans and sweet lupins
                                                            (88/C 139/29)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Whereas the control systems provided for in Articles 13 and
                                                                     14 of Council Regulation (EEC) No 2036/82 (2), as last
Having regard to the Treaty establishing the European                amended by Regulation (EEC) No 1958/87 (3), are ill-
Economic Community,                                                  adapted to the new market situation; whereas checks to
                                                                     ensure that imported peas and field beans are processed in
                                                                     such a way as to render them ineligible for aid must be
Having regard to Council Regulation (EEC) No 1431/82 of              stepped up in view of the development of imports from
18 May 1982 laying down special measures for peas and                third countries; whereas, under those circumstances,
field soya beans (*), as last amended by Regulation (EEC)            verification of the Community origin of peas, field beans
No ..., and in particular Article 3(5) thereof,                      and sweet lupins for which aid is applied for may be
                                                                     simplified;
Having regard to the proposal from the Commission,
                                                                     (2) OJ No L 219, 28. 7. 1982, p. 1.
(!) OJ No L 162, 12. 6. 1982, p. 28.                                 (3) OJ No L 184, 3. 7. 1987, p. 3.
 ---pagebreak--- No C 139/34                            Official Journal of the European Communities                                   30. 5. 88
Whereas the price paid to the producer should be verified at      make it easier to understand the calculation of the amount
the level of the first buyer of the Community products in         of the aid in national currencies;
question; whereas, to streamline the administrative
procedures for such controls, the declaration of delivery         Whereas the control system provided for in Article 13 of
defined in Article 3(2) and the certificate referred to in        Regulation (EEC) No 2036/82 must be made more
Article 4(2) of Regulation (EEC) No 2036/82 may be                stringent by the possibility of providing for a guarantee
abolished; whereas, however, provision should be made             ensuring that products imported are processed in such a
for the approval of the first buyer under conditions to be        way as to render them ineligible for aid;
determined, which approval may be withdrawn in case of
failure to comply with the rules laid down;                       Whereas the measures provided for in this Regulation lead
                                                                  to changes in the administrative procedures; whereas,
                                                                  where temporary adaptations are necessary, provision
                                                                  should be made for the possibility of adopting transitional
Whereas approved users who use the products in question           measures,
may ensure compliance with the minimum price by
undertaking to apply for the aid only in respect of products      HAS ADOPTED THIS REGULATION:
from an approved first buyer; whereas Articles 3(4) and
5(1) of Regulation (EEC) No 2036/82 should be amended
accordingly;                                                                                 Article 1
                                                                  Regulation (EEC) No 2036/82 is hereby amended as
                                                                  follows:
Whereas the definition of sweet lupins in Article 11(4) of
Regulation (EEC) No 2036/82 entails difficulties of
                                                                  1. In Article 3(1), the following words are deleted:
controls of the seed and does not afford any certainty that
the products for which the aid is applied for have an
                                                                      'which meets the condition laid down in the second
 acceptable bitter seed content; whereas provision should
                                                                      indent of Article 3(3) of Regulation (EEC) No 1431/82'.
 accordingly be made for a definition of sweet lupins
permitting verification of products intended for use as feed
to see whether they comply with the criteria of eligibility       2. The following is added to Article 3(4):
 for the aid;
                                                                      'and who in particular undertakes to apply for the aid
                                                                      only for peas, field beans and sweet lupins delivered by a
                                                                      producer to an approved first buyer;'.
 Whereas the definition and classification of the products
 actually used, as laid down in Article 5(2) of Regulation        3. Point (2) of Article 3 is deleted and points (3), (4), (5)
 (EEC) No 2036/82, take account of technical processing               and (6) become points (2), (3), (4) and (5) respectively.
 procedures the relevance and exhaustiveness of which
 depend on technical progress; whereas the said paragraph         4. The following point (6) is added to Article 3 :
 should indicate only the general conditions under which the
 products in question should be considered as having been             '6. 'sweet lupins' shall mean lupins not containing
 used; whereas Article 6(5) of Regulation (EEC) No 2036/              more than 5 % bitter seeds under conditions de-
 82 must be adapted to the definition of products actually            termined in accordance with the procedure laid down in
 used;                                                                Article 12 of Regulation (EEC) No 1117/78.'
                                                                  5. Article 4 is replaced by the following:
 Whereas Article 7 of Regulation (EEC) No 2036/82 does                'Article 4
 not enable a member of an approved organization to
 market his products; whereas, to qualify under the aid                1. In cases where the products are sold by the
 system, producers must either market all their production            producer, the aid shall be granted for the products in
 or use it completely under an approved organization;                 question subject to their purchase by an approved first
 whereas, for the sake of fairness, producers who market               buyer.
 part of their production should be authorized to join an
 approved organization;                                                2. Approval as referred to in paragraph 1 shall be
                                                                      given by the Member State where the person concerned
                                                                       is established only to first buyers who:
 Whereas Article 12a(3) of Regulation (EEC) No 2036/82                — undertake to conclude with the producer of peas,
 provides for a carry-over of monetary gaps when                           field beans and sweet lupins a purchase contract for
 calculating differential amounts where they differ by less                the products in question meeting the condition laid
 than one point; whereas that rule leads in certain cases to               down in the second indent of Article 3(3) of
 an extension of the validity of monetary gaps which are no                Regulation (EEC) No 1431/82, in particular as
 longer in force; whereas that rule should be abolished to                 regards the price to be paid,
 ---pagebreak--- 30. 5. 88                               Official Journal of the European Communities                                No C 139/35
   — keep stock records in accordance with rules to be laid        7. Article 6(5) is replaced by the following:
       down, and
                                                                       '5. The aid to be paid shall:
   — agree to submit to all controls laid down under the               (a) for the products referred to in Article 5(2)(a), be the
       application of the aid arrangements.                                amount fixed in Article 3(1) of Regulation (EEC) No
                                                                           1431/82;
   3. Approval as referred to in paragraph 1 shall be
   withdrawn, temporarily or permanently depending on                  (b) for the products referred to in Article 5(2) (b), be the
   the gravity of the failure to comply with the provisions                amount fixed in Article 3(2) of Regulation (EEC) No
   in question, if, except in cases of force majeure, one of               1431/82.'
   the undertakings or one of the conditions for approval
   laid down in paragraph 2 is no longer fulfilled or              8. In Article 7(1), the words 'If a producer does not market
   satisfied, in particular where the price paid to the                the product' are replaced by 'If a producer does not
   producer is not at least equal to the minimum price'.               market all the product'.
                                                                   9. Article 11(4) is deleted.
6. Article 5 is replaced by the following:
                                                                   10.The second sentence of Article 12a(3) is deleted.
   'Article 5
                                                                   11. The following paragraph is added to Article 13:
   1. In the case referred to in Article 4, the aid shall be           'For peas and field beans which have not undergone
   granted to any approved user making use of the                      marking to ensure that they are processed in such a way
   products provided that:                                             as to render them ineligible for aid, controls may also
                                                                       entail the lodging of a security, which may not be higher
   — he lodges an application with the agency appointed                than that necessary to ensure that it is not worthwhile to
       by the Member State in whose territory the product              fail to submit imported products to controls.
       has been used,
                                                                                              Article 2
   — the quantity specified in the aid application has
       entered the undertaking and has actually been used.         Where transitional measures prove necessary to facilitate
                                                                   the changeover from the arrangements in force to those
   2. For the purposes of this Article, a product shall be         provided for in this Regulation, such measures shall be
   deemed to have actually been used if it has been:               adopted in accordance with the procedure laid down in
                                                                   Article 12 of Regulation (EEC) No 1117/78. They shall
   (a) irreversibly processed and incorporated              in     continue to apply for the period strictly required to
       feedingstuffs or is intended to be incorporated             facilitate the changeover from one set of arrangements to
       therein owing to the type of processing which it has        the other.
       undergone;
                                                                                              Article 3
   (b) irreversibly processed for use as foodstuffs, or placed
       on the market after being prepared for market for           This Regulation shall enter into force on the third day
       consumption without further processing.                     following its publication in the Official Journal of the
                                                                   European Communities.
   Irreversible processing as referred to above and                It shall apply from 1 July 1988.
   additional conditions may be determined in accordance
   with the procedure laid down in Article 12 of                   This Regulation shall be binding in its entirety and directly
   Regulation (EEC) No 1117/78.'                                   applicable in all Member States.