CELEX: 31995R1870
Language: en
Date: 1995-07-26 00:00:00
Title: Commission Regulation (EC) No 1870/95 of 26 July 1995 amending Regulation (EEC) No 334/93 laying down detailed implementing rules for the use of land set aside for the provision of materials for the manufacture within the Community of products not primarily intended for human or animal consumption and repealing Regulation (EEC) No 2595/93 laying down detailed rules for implementing Council Regulation (EEC) No 1765/92 as regards the use of land set aside for the production of multiannual raw materials for the manufacture within the Community of products not intended for human or animal consumption

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31995R1870

Commission Regulation (EC) No 1870/95 of 26 July 1995 amending Regulation (EEC) No 334/93 laying down detailed implementing rules for the use of land set aside for the provision of materials for the manufacture within the Community of products not primarily intended for human or animal consumption and repealing Regulation (EEC) No 2595/93 laying down detailed rules for implementing Council Regulation (EEC) No 1765/92 as regards the use of land set aside for the production of multiannual raw materials for the manufacture within the Community of products not intended for human or animal consumption  

Official Journal L 179 , 29/07/1995 P. 0040 - 0048

COMMISSION REGULATION (EC) No 1870/95 of  26 July 1995 amending Regulation (EEC) No 334/93 laying down detailed implementing rules for the  use of land set aside for the provision of materials for the manufacture within the Community of  products not primarily intended for human or animal consumption and repealing Regulation (EEC) No  2595/93 laying down detailed rules for implementing Council Regulation (EEC) No 1765/92 as regards  the use of land set aside for the production of multiannual raw materials for the manufacture  within the Community of products not intended for human or animal consumptionTHE  COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1765/92 of 30 June 1992 establishing a support system  for producers of certain arable crops  (1), a last amended by Commission Regulation (EC) No 1664/95   (2), in particular Article 12 thereof, Having regard to Council Decision 93/355/EEC of 8 June 1993 concerning the conclusion of a  Memorandum of Understanding on certain oil seeds between the European Economic Community and the  United States of America within the framework of the GATT  (3), in particular point 7 of the  Memorandum of Understanding on oil seeds, Whereas experience has shown that Commission Regulation (EEC) No 334/93  (4), as amended by  Regulation (EC) No 608/94  (5), may be simplified, in order to avoid administrative difficulties  whilst not diminishing effective control of the scheme; Whereas it is appropriate in providing implementing measures to distinguish in the same Regulation  between raw materials which have the potential to be used for human or animal consumption and those  which do not have that potential; whereas it is therefore necessary to repeal Commission Regulation  (EEC) No 2595/93  (6); Whereas it is desirable to allow Jerusalem artichokes and chicory roots without compensation on  set-aside land provided that this does not have a detrimental effect on the sugar market; whereas  it is nevertheless necessary to ensure that such cultivation is in conformity with the rules  relating to the use of set-aside land for the growing of non-food crops; whereas a security should  be lodged notwithstanding the fact that no compensation is payable; Whereas, for reasons of clarity, it is appropriate to specify that equivalent quantities of  intermediate or by-products to those resulting from the harvested raw material may be used in the  scheme; whereas, when equivalents to the harvested raw material, or intermediate or by-products  resulting from the harvested raw material are used in the scheme originating in a Member State  other than that where the raw material is harvested, it is necessary for the Member States to  inform each other of the transaction so that appropriate controls may be made; Whereras contracts are required prior to the first sowing; whereas at the time when raw materials  were sown, in Austria, Finland and Sweden, those countries were not yet Member States and were,  therefore, not subject to such requirement; whereas for the 1995, producers in those Member States  should be allowed to make contracts after sowing; Whereas, in order to comply with the Memorandum of Understanding on certain oil seeds between the  European Economic Community and the United States of America within the framework of the GATT, it  is necessary to introduce a monitoring system to assess the quantities of by-products destined for  human or animal consumption, in terms of soya bean meal equivalents, resulting from rapeseeds,  colza seeds, sunflower seeds and soya beans grown on set-aside land for purposes other than human  or animal consumption; Whereas it is appropriate to clarify under which conditions contracts may be amended without the  claimant's right to compensation being lost; Whereas it would be administratively more effective for the non-farming signatory of the contracts  to deposit a copy of the contract by specific dates in respect of raw materials which are sown  during different period of the year; Whereas Member States should determine a date by which the non-farming signatory of the contract  must confirm delivery of the raw material, to ensure that compensation is paid to the farmer by the  specified date; Whereas experiences has shown that certain time limits associated with various events should be  extended, in order to enable the provisions of the scheme to be met; whereas, where it can be  proved that it was necessary to go beyond the original time limits in order to comply with the  other provisions of the scheme, no security should be forfeited; Whereas it would be administratively more effective for securities to be lodged with the competent  authority by one specific date, and for the global security covering contracts relating to  identical raw materials to be released on a pro rata basis according to the quantities of raw  materials processed in accordance with the provisions of the scheme, and would not diminish control  of the system; Whereas the maximum permitted processing period should be reduced in order to minimize  speculation; Whereas it is necessary for end products eligible for the scheme and not exported to third  countries to be accompanied by a T5 customs control document as at such stage all the provisions of  the Regulation will have been met; Whereas it is desirable to allow the cultivation of certain additional products on set-aside land  for processing into products primarily other than for human or animal consumption; Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Joint Management Committee for Cereals, Oils and Fats and Dried Fodder, and Sugar, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 334/93 is amended as follows: 1.  Article 1 is replaced by the following text: 'Title I Article 1 1.  The provisions of Articles 1 to 15 inclusive apply to those raw materials set out in Annex I. 2.  The following definitions shall apply: -  "The claimant" means the person who applies for the compensatory payment referred to in Article  2 (5) of Regulation (EEC) No 1765/92, hereafter called "compensation", -  "the first processor" means the user of the raw materials who undertakes their first processing  with a view of obtaining one or more of the products mentioned in Annex III, -  "the collector" means each signatory of the contract provided for in Article 6 of this  Regulation who buys on his own account the raw material mentioned in Annex I intended for the end  uses mentioned in Annex III`. 2.  Article 2a is replaced by: 'Article 2a No compensation, within the meaning of Article 2 (5) of Regulation (EEC) No 1765/92, shall be  payable in respect of land on which sugar beet, Jerusalem artichokes or chicory roots are grown.  All the provisions of this Regulation shall, however, apply where sugar beet, Jerusalem artichokes  or chicory roots are grown on set-aside land in the same way that they would apply if compensation  were payable.` 3.  At the end of Article 3 (3) the following shall be added: 'Where a collector or first processor uses the actual raw material harvested in the manufacture of  an intermediate or by-product, he may use an equivalent quantity of such intermediate or by-product  in the manufacture of one or more end products referred to in the first sub-paragraph. Where the collector or the first processor makes use of the possibility in the first or second  subparagraph, he shall inform the competent authority with which the security has been lodged.  Where the equivalent quantity is used in a Member State other than that in which the raw material  is harvested, the competent authority of the Member States involved shall inform each other of the  transaction.` 4.  In Article 6: (a)  in paragraph (1) after the second sentence, the following sentence is inserted: 'However, in the case of contracts signed by claimants in Austria, Finland and Sweden, in respect  of raw materials sown for harvest in 1995, such contracts may be signed after sowing.` (b)  paragraph (2) is replaced by: '2.  Where the contract relates to rapeseed, colza seeds, sunflower seeds or soya beans falling  under CN codes ex 1205  00  90, 1206  00  90 or 1201  00  90, in addition to the information  required under paragraph 1, such contract shall specify the forecast quantity of by-products to be  produced, destined for purposes other than human or animal consumption.` 5.  Article 7 (2) is replaced by the following: '2.  (a)  If the parties to the contract amend or rescind it after the claimant has made an area  aid application, the claimant shall remain entitled to claim compensation only if: -  the competent authority of the claimant is notified of the amendment or rescission, in order to  enable all necessary controls to be carreid out, -  such notification is made by the final date allowed for the amendment of the area aid  applicaiton in the Member State concerned at the latest, -  the amendment does not relate to an increase in the land covered by the original contract. (b)  Notwithstanding paragraph (a), if the claimant is unable to provide the raw material specified  in his contract, the contract may be amended or rescinded. In that event the competent authorities  of both parties shall receive prior notice, in order to allow all necessary controls to be carried  out. To maintain his right to compenation, the claimant shall by any means authorized by the  competent authority, return any land in question to fallow, whilst losing the right to sell, give  away or use the raw material which has been taken out of the contract.` 6.  In Article 8: (a)  paragraph (1) is replaced by the following: '1.  The collector or, as the case may be, the first processor shall deposit a copy of the contract  with his competent authority: -  in respect of raw materials to be sown between 1 July and 31 December inclusive, by 31 December  of the year concerned or, -  in respect of raw materials to be sown between 1 January and 30 June inclusive, by 15 April of  the year concerned. If the claimant and the collector or the first processor, as the case may be, amend or rescind the  contract prior to the date referred to in Article 7 (2) (a) second indent in any year, the  collector or the first processor, as the case may be, shall deposit a copy of that amended or  rescinded contract with his competent authority by that date of the year in question.` (b)  paragraph 4 (a) shall be replaced by the following: 'The collector or the first processor shall, whether or not the latter is a contracting party,  inform their competent authority of the quantity of raw material received, specifying the species  and variety as well as the name and address of the contracting party who has delivered the raw  material and the place of delivery by a date to be fixed by Member States so as to ensure that the  compensation can be paid within the period specified in Article 10 of Council Regulation (EEC) No  1765/92`. (c)  in paragraph 4 (b), (c) and (e) '20 working days` each time it appears is replaced by '40  working days`. (d)  the following paragraphs are added after paragraph (4): '(5)  Without prejudice to the preceding paragraphs, the competent authority referred to in  paragraph 1 shall inform the Commission as soon as possible, and not later than 31 May of the year  in which the raw material is to be harvested, of the forecast total quantity of by-products  destined for human or animal consumption, resulting from the contracts referred to in Article 6,  when such contracts relate to rapeseed, colza seeds, sunflower seeds or soya beans falling under CN  codes ex 1205  00  90, 1206  00  90 or 1201  00  90. The competent authority shall calculate this forecast quantity as follows: (a)  the forecast quantity of all by-products to be produced from rapeseed, colza seeds, sunflower  seeds or soya beans falling under CN codes ex 1205  00  90, 1206  00  90 or 1201  00  90 shall be  calculated by applying the following coefficients: -  100 kg of rapeseed or/and colza seed under CN code 1205  00  90 shall be deemed to be equivalent  to 56 kg of by-products, -  100 kg of sunflower seed under CN code 1206  00  90 shall be deemed to be equivalent to 56 kg of  by-products, -  100 kg of soya beans under CN code 1201  00  90 shall be deemed to be equivalent to 78 kg of  by-products; (b)  the forecast quantity of by-products to be produced referred to in Article 6 (2) shall be  deducted from the forecast quantity of all by-products calculated in accordance with sub-paragraph  (a); (6)  The Commission shall, from the information provided under paragraph 5, calculate the forecast  total quantity of by-products destined for human and animal consumption, expressed in terms fo soya  bean meal equivalents.` 7.  In Article 9: (a)  paragraph (1) is replaced by the following: '1.  The collector or, as the case may be, the first processor shall lodge the entirety of the  security referred to in paragraph 2 below with the competent authority mentioned in Article 8 (1)  by 15 April of the year in which the area aid application is made`. (b)  paragraph (2) is replaced by the following: '2.  The security shall be equal to 120  % of the value of the compensation for each parcel of land  covered by the contract, so as to guarantee its proper performance. However, where sugar beet,  Jerusalem artichokes or chicory roots are grown on set-aside land, the security shall be equal to  120  % of the value of the compensation that would be payable if each parcel of land covered by the  contract and cultivated with sugar beet, Jerusalem artichokes or chicory roots had been cultivated  with any other raw materials listed in Annex  I. The security shall be released pro rata, according  to the quantities processed into the end-product considered to be the primary non-food use, on  condition that the competent authority of the collector or the first processor has evidence that  the quantity of raw materials under contract has been processed in conformity with the conditions  set out in point (g) of Article 6 (1). However, when the collector or the first processor, as the  case may be, has several contracts relating to idendical raw materials, the global security  covering these contracts may be released on a pro rata basis according to the quantities of raw  materials under these contracts processed in accordance with the obligation foreseen in point (g)  of Article 6 (1). Where the contract has been amended or rescinded prior to the claimant making an  area aid application or on the conditions set out in Article 7 (2), the security lodged shall be  reduced in accordance with the reduction in area.` 8.  In Article 10: (a)  paragraph (2) is replaced by: '2.  The processing of quantities of raw materials primarily into one of the end-products specified  in the contract constitutes the primary requirement within the meaning of Article 20 of Commission  Regulation (EEC) No 2220/85  (*). Processing into one or more of the end products mentioned in  Annex III shall take place by 31 July of the second year following the year of delivery of the raw  material to the collector or the first processor as the case may be. Notwithstanding the provisions of Regulation (EEC) No 2220/85, where the collector or first  processor proves that, in order to comply with all the other provisions of this Regulation, he was  unable to respect any of the 20 working day time limits applicable under Articles 8 and 9, prior to  the amendment of this Regulation by Commission Regulation (EC) No 1870/95  (**) the security shall  be released. ` (b)  in paragraph (3): in the first subparagraph, 'end products` is deleted, and the following endorsements are added: '-  Kaeytetaeaen jalostamiseen tai toimittamiseen komission asetuksen (ETY) N :o 334/93 mukaisesti. -  Anvaends till bearbetning eller leverans i enlighet med kommissionens foerordning (EEG) nr  334/93.`. (c)  in paragraph (6), first subparagraph, the following remark is added: '-  Taehaen tuotteeseen ei sovelleta neuvoston asetuksen (ETY) N :o 729/70 1 artiklan 2 kohdan  mukaisia toimenpiteitae. -  De aatgaerder som avses i artikel 1.2. i raadets foerordning (EEG) nr 729/70 kan inte anvaendas foer  denna produkt.` 9.  Arter Article 15, the following Title is inserted: 'Title II` 10.  Articles 16 and 17 are replaced by the following: 'Article 16 The provisions of Articles 17 to 24 inclusive apply to those raw materials set out in Annex II. Article 17 "The claimant" means the person who applies for the compensatory payment referred to in Article 2  (5) of Regulation (EEC) No 1765/92, hereafter called "compensation". Article 18 1.  Crops on land subject to set-aside may only be raw materials which can be used for purposes  other than human and/or animal consumption. 2.  The land intended for the cultivation of the raw materials referred to in Annex II shall be  subject to the provisions of Commission Regulation (EC) No 762/94  (*). Article 19 In order to be eligible for compensation, the claimant wishing to use set-aside land for the  cultivation of the raw materials referred to in Annex II shall provide a written undertaking to the  competent authority in his Member State when submitting his area aid application that in the event  of the utilization or sale of the raw materials concerned they will be put to the uses set out in  Annex III. Article 20 Member States may exclude from this scheme only those raw materials listed in Annex II which give  rise to difficulties for reasons related to agricultural practice, the carrying out of checks,  public health, environmental impact or criminal law. In that event, Member States shall notify the  Commission of the raw material(s) they intend to exclude. If the Commission does not respond within  20 working days of receipt of the notification, Member States may proceed with the intended  exclusions. Article 21 Raw materials cultivated on set-aside land and for which compensation is paid, and the products  derived from such raw materials may not benefit from the measures financed by the European  Agricultural Guidance and Guarantee Fund, Guarantee Section, or from the Community aid provided for  in Council Regulation (EEC) No 2078/92  (**) and (EEC) No 2080/92  (***). Article 22 Claimants shall inform the competent authority each year in their area aid applications of the  plots subject to set-aside, the crops corresponding to such plots, the length of the crop cycle and  the envisaged harvest frequency. Article 23 Member States may adopt any additional measures needed for the application of this Regulation and  shall notify the Commission thereof. Article 24 Member States shall forward to the Commission within six months at the latest of the end of each  marketing year all the information needed for an assessment of this measure, in particular the  amount of land subject to set-aside for each species cultivated on it. ` 11.  Annexes I and II are replaced by Annexes I, II and III contained in the Annex to this  Regulation. Article 2 Regulation (EEC) No 2595/93 is hereby repealed. Article 3 This Regulation shall enter into force on the seventh day following its publication in  the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Brussels, 26 July 1995. For the Commission Franz FISCHLER Member of the Commission (*) OJ No L 205, 3. 8. 1995, p. 5.  (**) OJ No L 179, 29. 7. 1995, p. 40. (*) OJ No L 90, 7. 4. 1994, p. 8.  (**) OJ No L 215, 30. 7. 1992, p. 85.  (***) OJ No L 215, 30. 7. 1992, p. 96.  ANNEX 'ANNEX I Raw materials which may be grown on set-aside land when destined for use in the manufacture of the  permissable end products set out in Annex III >TABLE> ANNEX II Raw materials which may be cultivated on land subject to set-aside provided that they are intended  for the manufacture of the products listed in Annex III or for the direct use of the claimant >TABLE>  ANNEX III End products which are considered as permissible uses, other than for human or animal consumption,  derived from the raw materials in Annex I and Annex II All products of the combined nomenclature: (a)  with the exception of: -  all of the products falling within Chapters 1 to 24 of the combined nomenclature with the  exception of: -  all products falling within CN Chapter 15 which are intended for uses other than for human or  animal consumption, -  CN code 2207  20  00, for direct use in motor fuel or for processing for use in motor fuel, -  packaging material falling within CN codes ex 1904  10 and ex 1905  90  90 on condition that  proof has been obtained that the products have been used for non-food purposes according to the  provisions of Article 9 (2) of this Regulation, -  mushroom spawn falling within CN code 0602  91  00, -  lac, natural gums, resins, gum-resins and balsams falling within CN code 1301, -  saps and extracts of opium falling within CN code 1302  11  00, -  saps and extracts of pyrethrum or of the roots of plants containing rotenone falling within CN  code 1302  14  00, -  other mucilages and thickeners falling within CN code 1302  39  00; (b)  with the inclusion of: -  all agricultural products set out in Annex I and their derivatives obtained by an intermediate  transforming process which are burned in power stations for energy, -  all products mentioned in Annex II and their processed derivatives intended for energy  purposes, -  all products referred to in Commission Regulation (EEC) No 1722/93  (1) on condition that they  are not obtained from cereals or potatoes cultivated on set-aside land, and that they do not  contain products derived from cereals or potatoes cultivated on set-aside land, -  all products referred to in Council Regulation (EEC) No 1010/86  (2) on condition that they are  not obtained from sugarbeet cultivated on set-aside land and that they do not contain products  derived from sugarbeet cultivated on set-aside land. (1)  OJ No L 159, 1. 7. 1993, p. 112.  (2)  OJ No L 94, 9. 4. 1986, p. 9.`