CELEX: 51982PC0428
Language: en
Date: 1982-07-05
Title: Proposal for a COUNCIL REGULATION (EEC) adopting general rules concerning special measures for peas and field beans(submitted to the Council by the Commission)

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DOCUMENTS "COM"
COM (82) 428
Vol. 1982/0142
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(82)428 final
                                                        Brussels , 5 July 1982
                                 Proposal for a
                            COUNCIL REGULATION ( EEC )
adopting general rules concerning special measures for peas and field beans
                                       fi f"- x-
                                             <"
                                                L >*
                                                 >    c
                                                               \.
                 ( submitted to the Council by the- ^Commission)
                                                     i -J- ^
 C0M(82 ) 428 final
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
  Council Regulation ( EEC ) No 1431 / 82 adopted new provisions concerning special measures
  for peas elnd field beans - The new special measures include the application of a system
 of aid for peas and field beans intended for human consumption and an extension, under
 certain conditions , of the present system of aid for peas and field beans intended
 for animal consumption *
 The prupose of this Regulation is to lay down general rules governing the se special
measures , in particular with regard to the following :
  ( a ) world market price :
this price will be determined according to criteria similar to those used in comparable
 cases ;
  ( b ) conditions to be met in order for the products to be eligible for Community aid :
 the products must have been harvested in the Community, the producer must have receiver*
not less than the minimum price and the products must have been used within the Commu­
nity subject to certain conditions;
 < c ) persons entitled to receive aid :
 |p the case of products intended for animal feed, these are the >f eedi ngstuf fs manufac­
turers
 'lei
           or certain approved bodies; and in the case of products fptended for human
 Ipnsumption, they are the users of such products who can prove that the products may
 bp longer be put to any other use ;
 td ) the control system :
Jio be set up to ensure that aid is granted only in respect of products elitjiblefor it ,
particularly in the case of imported products ;
  ( e ) the effective date on which the aid is payable and the criteria for fixing the
amount thereof *
 These general rules will apply from 1st August 1982 * They represent a simplification
 of the administrative formalities to be fulfilled by those concerned-
 ---pagebreak---                            Proposal for a
                      COUNCIL REGULATION ( EEC )
adopting general rules concerning special measures for peas and field beans
THE COUNCIL OF THE EUROPEAN COMMUNITICS ,
Having regard to the Treaty establishing the European Economic Community,,
Having regard to Council Regulation ( EEC ) No 1431 / 82 laying down special measures
                          (1)
for peas and field beans      , and in particular Articles 3(5 ) and 4 thereof ,
Having regard to the proposal from the Commission ,
Whereas Article 4(1 ) of Regulation ( EEC ) No 1431 / 82 specifies that the average world
market price for soya cake shall be determined on the basis of the most favourable
purchasing possibilities on the world market ;
Whereas in the absence of offers or quotations which can be used for determining the
world market price, this price is to     be determined on the basis of offers and quota­
tions for soya cake obtained from soya beans processed in the Community and of offers
and quotations t>r competing products on the world market ;
Whereas the world market price must be calculated for a determined standard quality;
Whereas , when the frontier crossing-point is being fixed, account should be taken of
the extent to which this point is representative for the impqrt           and processing
of soya beans ; whereas , therefore , the port of Rotterdam should be selected as the
Community frontier crossing-point ; whereas offers and quotations must be adjusted
 irv particular if   they are made for another frontier crossing-point ;
Whereas Article 4(2 ) of Regulation ( EEC ) No 1431 / 82 provides that the average world
market price for peas and field beans is to be determined on the basis of the most
favourable purchasing possibilities on the world market ;
Whereas in the absence of offers which can be used for determining the world market
price, this price should be determined on the basis of the prices obtaining <bn the
markets of the principal non-member exporting countries ;
Whereas in the absence of any offers or prices whatsoever, the world market price
should be fixed at a level equal to the target price for peas and field beans ;
( 1 ) OJ No L 162 of 12«6m1982 , p „ 28
 ---pagebreak---                                       - 2 -
Whereas the world market price must be calculated for a standard quality ;
Whereas , when the frontier crossing-point is being fixed , account should be taken of
the extent to which this point is representative for import of peas and
field beans ; whereas , therefore , the port of Rotterdam should be selected as the
Community frontier crossing-point ; whereas offers must be adjusted if , in particular ,
they are made for another frontier crossing-point ;
Whereas , to facilitate the implementation of the aid . system , provision should be made
                                              f
for the aid to be paid by the Member State in whose territory the peas and field
beans have actually been used ;
Whereas , to facilitate the verification of entitlement to aid in cases where products
are sold by the producer , provision should be made for the aid to be paid exclusively
to natural or legal perons who use th6 products in question and who submit      a cei–
tificate issued by the competent authority after it has inspected the contract conclu­
ded by the producer , particularly in respect of               the minimum price payable
to the producer ;
Whereas , if the products are processed for the producer to use on his own farm ,
provision should be made , for the sake of administrative simplicity, for theaid to b r
granted to certain approved bodies which must pass on the aid to the producer ;
Whereas the aid is due only in respect of products which have actually been used
for human or animal consumption ; whereas , however , if the products are sold by the
producer , provision should be made for part of the aid to be paid in advance as soc
as the products are placed under supervision on the premises where they will actuals,
be   used ; whereas , however , provision must be made for a guarantee to ensure that
the products will be used ;
Whereas the aid must be calculated on the basis of a standard quality ,
taking account of variations in weight due to the moisture and impurity contents of
the products to be used ;
Whereas , since the purpose of the aid for peas and field beans to be used for human
or animal consumption is not the same as that of the aid for peas and field beans
to be used as seed, it should be expressly stipulated , in the interests of clarity,
that only one type of aid may be granted in respect of such products ;
Whereas , to ensure that suchaid is granted only in respect of products which are
eligible, Member States must be allowed to apply a system of control for peas and
field beans produced in the Community or imported from outside the Community;
 ---pagebreak---                                               - 3
Whereas the changeover from the existing system to the system provided for in this
Regulation must take place as smoothly as possible ; whereas , therefore , transitional
measures may prove necessary;
, 'hereas one of the purposes of this Regulation is to replace Council Regulation ( EEC )
vJo 1418 / 78 of 19 June 1978 adopting general rules in connection with the special
                                                                      (2)
measures for peas and field beans used in the feeding of animals          , as amended by
regulation ( EEC ) No 1212 /79 ^"^, and whereas Regulation ( EEC ) No 1418 /78 should there­
 fore be repealed ,
HAS ADOPTED THIS REGULATION             :
  ( 2 ) OJ No L 171 , 28«6„1 978 , p. 5
  ( 3 ) OJ No L 153 , 21 * 6 ,, 1 979 , p „ 6
 ---pagebreak---                                             - 4 -
     I - World market price
                                         Article 1
     1 * The Commission shall periodically determine the average world market price for
         soya cake referred to in Article 4(1 ) of Regulation ( EEC ) No 1431 / 82 *
     2 * In determining the price referred to in paragraph 1 , the Commission shall take
         ac'count of world market offers and of quotations on exchanges which are important
         for international trade, excluding those which cannot be regarded as representa­
         tive of the actual market trend *
     3 * In cases where no offer or quotation for soya cake can be used for determining
         its average world market price, the Commission shall determine this price on the
         basis of offers and quotations for soya cake obtained from soya beans processed
         in the Community and of offers and quotations for competing products on the world
         market *
 ; 4 * The Commission shall determine the average world market price for soya cake of the
         standard quality for which the activating price has been set , delivered in bulk
                                                                         &
         at Rotterdam *                                                  |
         The Commission shall make the necessary adjustments for offers and quotations not
         complying with the conditions set out above *
                                         Article 2                       I
 "V                                                                      'i .
  v 1 * The world market price for peas and field beans referred to in Article 4(2 ) of
;■       Regulation ( EEC ) No 1431 /82 shall be determined before the beginning of each mar
   *     keting year , for application        from the first day of the marketing year , in accor-
 ;■      dance with the procedure laid down in Article 12of Counci I Regulation ( EEC ) No 1117/ 78^ '
         No differentiation shall be made between peas and field beans , except where there
         is a considerable difference between prices for peas and prices for field beans *
         The world market price may be amended during the intervening period according to
         the same procedure if the factors taken into consideration at the time of ' its
         fixing undergo a significant change *
     2 * In order to determine the price referred to in paragraph 1 , account shall be take ■
         of offers on the world market , excluding those which cannot be regarded as repre­
         sentative of the actual market trend *
     3 * In the case where no offer far peas and field beans can be used for determining
         the world market price, this price 'sh£ll be determined on the basis of prices ob­
         taining on the markets of the principal non-member exporting countries *
     (1)    OJ No L 142 . 30.5 . 1978, p. 1 .
 ---pagebreak---                                           - 5 -
 4 * In cases where no offer or price can be used according to' the provisions of
                                                       ι
        paragraphs 2 and 3 , the world market price shall be fixed at a level equal
       to the target price for peas and field beans *
 j . The world market price shall be determined for peas and field beans of the standard
       quality for which the target price has been set ,, delivered in bulk at Rotterdam *
       In cases where the offers or prices taken into consideration do not conform to the
       conditions stated above, the necessary adjustments shall be made in accordance
       with the procedure laid down in Article 12 of Regulation ( EEC ) No 1117 / 78 *
II * Aid system
                                      Article 3
 For the purposes of this Regulation :
 ( 1 ) " first buyer " shall mean any natural or legal person established in the Community,
         who concludes a contract with a producer for the purchase of peas and field beans
         grown on the latter 's farm, in accordance with the condition laid down in the
         second indent of Article 3(3 ) of Regulation ( EEC ) No 1431 /82 ;
 ( 2 ) ' " cont ract " shall mean, a contract between a first buyer and a producer , specifying
         the producer 's obligation to supply a quantity of peas and field beans of sound,
         genuine and merchantable quality equal to the quantity stated in the contract ,
         and the first buyer 's obligation to take delivery of the products and to pay
         not less that the minimum price for them ;
 ( 3 ) " approved body " shall mean a production and processing organization or a group of
         producers of the products concerned, which complies with conditions to be detei–
         mined ;
 ( 4 ) " placing under supervision " shall mean the operation whereby the competent agency
         in the Member State , at the request of the user of the products , determines , on
         the user 's premises , the quantity and quality of the products to beused for
         human or animal consumption and checks the use to which they are put *
                                      Artic le 4
 1 * In cases where the products are sold by the producer , the first purchaser shall
     lodge the contract made with the producer with the agency appointed by the Member
     State in which the product is harvested *
     He shall also lodge a declaration, countersigned by the producer , certifying the
     quantity actually delivered by the latter *
 2 * The agency appointed by the Member State, after verifying the content of the con­
       tract and the declaration, shall deliver to the first buyer a certificate confir­
       ming that the producer has obtained the minimum price for the quantity he has de­
        livered *
 ---pagebreak---                                        - 6 -
                                      Article 5
         «
1 M In the case referred to in Article 4 , the aid shall be granted to any natural
    or legal person who uses the products provided that :
    - he lodges an application and the certificate referred to in Article 4(2 ) with
        the agency appointed by the Member State in       whose terri tory tie product has been
        used ;
    - the quantity specified in the certificate has effectively been used, after being
 ;      placed under supervision , on the user 's premises *
2 * For the purposes of this Article, a product shall have effectively been used in
    the territory of a Member State if it has been :
    ( a ) milled and incorporated into animal feed, or
    Cb ) marketed    unprocessed for animal consumption, or
    ( c ) processed for the manufacture of protein concentrates , or
    ( d ) processed for use in human foodstuffs , or
    ( e ) marketed unprocessed for human consumption*
    Additional conditions , in particular in the cases referred to in Cb ) and ( e ),
    shall be determined in accordance with the procedure laid down in Article 12 of
    Regulation ( EEC ) No 1117 / 78 .          '
                                      Article 6
1 * In the case referred to in Article 4 , the aid to be granted shall
    be the amount in force on the day the person concerned lodges the application
     referred to in Article 5(1 ).
2 * The aid to be paid shall be :
    ( a ) for the products referred to in Article 5(2 ) ( a ), ( b ) and ( c ), the amount
           fixed in Article 3(1 ) of Regulation ( EEC ) No 1431 / 82 ;
    ( b ) for the products referred to in Article 5(2 ) ( d ) and ( e ), the amount fixed
           in Article 3(2 ) ofRegulation ( EEC ) No 1431 /82 *
                                      Artic le 7
1 * If a producer does not market the product but has it processed by a body approved
    by the Member State , in order to use it on his own farm, that approved body shall
    lodge a     processing declaration       with the agency appointed by the Member State
    in which the product was harvested *
2 „ The agency appointed by the Member State shall vsri fy the accuracy of the decla­
    ration referred to in paragraph 1 *
 ---pagebreak---                                         - 7 -
                                    Artic le 8
1 * In the case referred to in Article 7 , the aid shall be granted to the approved
     body which lodges the processing declaration      referred to in the same Article,,
     provided that the approved body in question undertakes to pass on the aid to the
     producer *
2 * The approval referred' to in paragraph 1 shall be granted by the Member State con­
     cerned only to bodies which comply with the conditions determined in accordance
     with the procedure laid down in Article 12 of Regulation ( EEC ) No 1117 /78 *
3 * The approval provided for in paragraph 2 shall be withdrawn , except in cases of
      'force majeure' , as soon as any one of the conditions of approval ceases to be
     fulfilled *
4 * Withal prejudice to any reimbursement of the aid paid,        approval shall also be
     withdrawn if the body fails to pass on the aid to the producer *
                                    Article 9
1 . In the case referred to in Article 7 , the aid to be granted shall be the amount
     valid on the day the approved body lodge ? the processing declaration .
     The aid to be paid shall be the amount referred to in Article 3(1 ) of
     Regulation ( EEC ) No 1431 /82 *
                                    Artic le 10
Entitlement t> aid shall take effect as soon as the peas and field beans specified
in the contract or in the       processing declaration  have effectively been used for
humBn or animal consumption *
However , in the case referred to in Article 4 , the aid may be paid in advance as
soon as the prodcts are placed under supervision on the premises where they are
to be used,        provided that sufficient security is given *
                                    Artic le 11
1 * Aid shall be fixed for peas and field beans containing 14 % moisture and 3 % im­
     purities *
2 * The products shall be weighed and sampled when they rea'ch the user 's premises .
 '■»  The aid shall be calculated on the basis of weight , adjusted to take
     recant of any disparities between the recorded moisture and impurity contents and
     the levels specified for fixing the aid .
 ---pagebreak---                                               - 8 -
                                            Article 12
   Products in respect of which the aid provided for in Article 3 of Council Regulation
   ( EEC ) No 2358 /71 of 26 October 1971 on the common organization of the market in
            (1 )
   seeds         has been granted shall not be eligible for the aid    provided for in Articles
   5 and 8-
m * Control System
                                            Artic le 13
          Where necessary, the placing in free circulation in the Community of the products
          referred to in Article 1 of Regulation ( EEC ) No 1431 / 82 shall be subject
          to a control system which shall apply until the products are processed in such a
          way as to render them ineligible for aid *
                                            Article 14
   1 * Member States in whose territory the products are used shall set up a control
          system ensuring that only the products entitled to aid receive it *
   2 * Member States shall communicate to the Commission the provisions adopted to imple
          ment the control system, before such provisions come into force *
   3 * Member States shall assist one another in applying this Regulation *
             ι
                                            Article 15
   Where transitional measures prove necessary in order to facilitate the changeover
 . I
- from the existing system to the system provided for in this Regulation, such measures
   shall be adopted in accordance with the procedure laid down in Article 12 of Regu­
    lation ( EEC ) No 1117 / 78 * They shall apply solely during the period required to facil
   tate the changeover *
                                            Article 16
   Regulation ( EEC ) No 1418 / 78 is hereby repealed *
                                            Article 17
   This Regulation shall enter into force on the day of its publication in the Official
    Journal of the European Communities *
    It shall apply from 1         August 1982 *
     ( 1 ) OJ No L 246, 5*1 1 *1 9T>1 , p « 7
 ---pagebreak---                                 - 9 -
This Regulation shall be binding in its entirety and directly applicable in all
Member States-
Done at                                               For the Council
 ---pagebreak---                                                         y
                  FINANCIAL               STATEMENT
                                                                                  Date :
                                                                                             15 June 1982
 1 . BUDGET HEADING , :      g 1310                                              APPROPRIATIONS
                                                                                                       46 mio ECU
2. TITLE : Draft Proposal for a Council Regulation adopting general rules in connectiojh
            with the special . measures forpeas and field beans
3 . LEGAL BASIS :            Article 3 of Council Regulation 1431 / 82
     AIMS OF PROJECT
                             Imp lanenta t i on of basic Council Regulation providing for special                            I
            measures for peas and field beans-
5.   FINANCIAL IMPLICATIONS                    PERIOD OF 12 MONTHS CURRENT FINANCIAL YEAR   FOLLOWING FINANCIAL YEAR
                                                                          £         J             I
5.0 EXPENDITURE
      - CHARGED TO THE EC BUDGET
        < FSHUFTH/ INTERVENTIONS )                      (1 )                    (1)                     (1 )
      - NATIONAL ADMINISTRATION
      - OTHER
5.1 RECEIPTS
      - OWN RESOURCES OF THE EC
        ( LEVIES / CUSTOMS DUTIES )
      - NATIONAL
5.0.1 ESTIMATED EXPENDITURE
5.1.1 EST IMATEO RECEIPTS
5.2 METHOD OF CALCULATION
                                                                                                                    IMUI.W
WJ-IANTHE PROJECT BE FINANCED FROM APPROPRIATIONS ENTEREO IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET ?                   |
                   ___                                                                                            YES /NO   ?
6.1 CAN THE PROJECT BE FINANCE"D~&¥-JL8ANSFER BETWEEN CHAPTERS OF THE CURRENT BUOG-ETT                                      G
                                                                                                                  YES/NO |
6.2 WILL A SUPPLEMENTARY BUDGET BE NECESSARY                                   L                                            !
                                                                                                                  YES / N0 !
6.3 WILL FUTUREBUHFECNIPPROPRIAT IONS BE NECESSARY 7            .                                               .           S
                                                                                                                            i
OBSERVATIONS S
                       ( 1 ) As the purpose of the proposal is              to estahMfth
                                                                            to  establish npnsral
                                                                                              general rnloc
                                                                                                          rules            If
                              for the granting of aid, there are no new financial consequenc es „ S