CELEX: 31978R1526
Language: en
Date: 1978-06-30 00:00:00
Title: Commission Regulation (EEC) No 1526/78 of 30 June 1978 laying down detailed rules for the application of the special measures for peas and field beans used in the feeding of animals

1 . 7 . 78                           Official Journal of the European Communities                             No L 179/ 1
                                                                I
                                             (Acts whose publication is obligatory)
                                   COMMISSION REGULATION (EEC) No 1526/78
                                                        of 30 June 1978
                laying down detailed rules for the application of the special measures for peas
                                    and field beans used in the feeding of animals
 THE COMMISSION OF THE EUROPEAN                                    Whereas Article 1 1 of Council Regulation (EEC) No
 COMMUNITIES,                                                       1418 /78 of 19 June 1978 laying down general rules
                                                                   regarding the special measures for peas and field
 Having regard to the Treaty establishing the European             beans used in animal feed (2), provides that the
 Economic Community,                                               producer Member States are to make random on-farm
                                                                   checks to determine that the areas indicated in the
                                                                   declarations are accurate ; whereas, in order to be effec­
 Having regard to Council Regulation ( EEC) No                     tive, this check must cover a representative number of
  1 1 19/78 of 22 May 1978 laying down special measures            declarations ;
 for peas and field beans used in the feeding of
 animals ('), and in particular Article 2 (6), the second
 subparagraph of Article 3 and Article 5 thereof,                  Whereas, it is necessary to specify the information
                                                                   which Member States must give each other to identify
                                                                   areas on which peas and field beans used in a Member
 Whereas, in view of the normal fluctuations of world
                                                                   State other than the producing State have been
 market prices, the average world market price for soya            grown ;
 cakes should be determined at least once a month ;
 Whereas provision should be made for adjusting offers             Whereas Article 12 of Regulation (EEC) No 1418 /78
 and quotations to compensate for any differences in               provides that Member States are to check the delivery
 presentation , quality, conditions and place of delivery          of products to feedingstuffs manufacturers and their
 compared with the product for which the average                   use ; whereas , to ensure the effectiveness of such
world market price must be fixed ;                                 checks, the term ' feedingstuffs manufacturer' should
                                                                   be defined and the checking procedure laid down ;
Whereas the information which needs to be included
 in the declarations of areas shown in order to identify           Whereas     the stock      records    of the manufacturers
 those areas, should be specified ; whereas, however, it           should be used as a basis for this check ;
is not possible to require such a declaration for areas
which have already been sown ;
                                                                   Whereas, in order to facilitate the marketing of peas
Whereas Article 2 of Regulation (EEC) No 1119 /78                  and field beans , the amount of aid applicable should
provides that the standard conditions which contracts              be that in force on the day when the feedingstuffs
concluded by feedingstuffs manufacturers must                      manufacturers ask the competent agency to check the
contain are to be determined ;                                     products at the factory ;
Whereas, in order to facilitate checks on entitlement             Whereas, to ensure the efficient functioning of the aid
to aid , the contract must show the quantity in respect            system , provision should be made for the Member
of which it is concluded or the area on which the                 States to issue a certificate stating the quantity entitled
product concerned has been sown , together with the               to aid and the amount thereof ; whereas , for adminis­
price paid or to be paid to the farmer ; whereas, for             trative reasons, provision should be made for the peas
the same reason, provision should be made for                     and field beans to be incorporated in feedingstuffs
lodging the contracts before a certain date ;                     within a certain period ;
(>) OJ No L 142, 30 . 5 . 1978 , p. 8 .                           (-) O ) No L 171 , 28 . 6 . 1978 , p. 5 .
 ---pagebreak--- No L 179 / 2                        Official Journal of the European Communities                                1 . 7 . 78
Whereas, in order to ensure the uniform application                concludes a contract with a producer meeting the
of the aid system, the method of payment should be                 conditions laid down in the second indent of
defined ;                                                          Article 2 (2) of Regulation (EEC) No 1119/78 ;
                                                              4. 'contract' shall mean a contract between a feeding­
Whereas it is necessary to specify the minimum                     stuffs manufacturer and a producer or a buyer, in
frequency with which the aid should be fixed ;                     which the manufacturer agrees to take, and the
whereas it appears sufficient to apply aid once a                  other party to supply, peas and field beans which
month ;                                                            are of sound, genuine and merchantable quality :
Whereas the system at present in force in France                   — to be harvested on a given area, or
provides for payment by the manufacturer of a
minimum price slightly lower than that fixed in                    — if the contract is concluded with a buyer, the
Council Regulation (EEC) No 1120/78 of 22 May                           corresponding quantity stated therein .
1978 (') ; whereas it appears fair to derogate from the
latter minimum price in respect of products delivered
under contracts concluded before the entry into force
of the Community system ;
                                                                                      World price
Whereas, if Community aid were fixed at a lower level
than national aid, abolition of that aid would be preju­
dicial to manufacturers who had concluded contracts                                     Article 2
before the entry into force of the Community system ;
                                                               1.      The average world price for soya cakes shall be
Whereas France should be authorized, subject to                determined once a month . However, if the market situ­
certain conditions, to retain its national aid for the         ation changes significantly, it shall be changed as
 1978/79 marketing year ;                                      necessary.
Whereas, in view of the delay to the starting date of          It shall be fixed per 100 kilograms and shall be equal
the 1978/79 marketing year, the implementation at              to the arithmetical average of the offers and quota­
that date of the system provided for in this Regulation        tions recorded during the five working days preceding
could meet with certain difficulties ; whereas, to over­
                                                               the day of determination .
come those problems, the Member States should be
authorized to take, for a limited period, measures dero­
gating from those provided for in this Regulation ;            2.      The Commission shall take account only of the
                                                               most favourable offers and quotations for deliveries
Whereas the measures provided for in this Regulation           within 30 days following the date on which they are
                                                               recorded .
are in accordance with the opinion of the Manage­
 ment Committee for Dried Fodder,
                                                                                        Article J
 HAS ADOPTED THIS REGULATION :
                                                                1.     Where the offers and quotations used relate to :
                                                               (a) products presented otherwise than in bulk, they
                          Article 1                                 shall be adjusted by deducting the additional value
                                                                     resulting from that presentation ;
 For the purposes of this Regulation :                         (b) a quality other than the standard quality for whch
                                                                     the target price was fixed, they shall be adjusted
 1 . 'feedingstuffs manufacturer' shall mean any under­             on the basis of the coefficient shown in the
     taking possessing the necessary equipment for                  Annex ;
      milling peas and field beans and for incorporating
     them in feedingstuffs ;                                   (c) products delivered c . and f., they shall be increased
                                                                     by 0-2 % to take insurance costs into account ;
 2. 'producer' shall mean any natural or legal person
     growing peas or field beans for use in the manufac­       (d) products delivered cif to a frontier crossing point
      ture of feedingstuffs ;                                        other than Rotterdam , they shall be adjusted on
                                                                     the basis of transport and insurance costs ;
 3. 'buyers' shall mean any natural or legal person
     other than the feedingstuffs manufacturer who             (e) a product delivered cif Rotterdam, they shall be
                                                                     increased by 0-325 unit of account to take
 (') OJ No L 142, 30. 5. 1978, p. 11 .                               unloading and forwarding costs into account ;
 ---pagebreak---   1 . 7. 78                           Official Journal of the European Communities                          No L 179/3
 (f) products delivered fas, fob or otherwise, they shall        agency appointed for this purpose in the Member
       be increased, as appropriate , by loading, transport      State where the peas and field beans will be used for
      and insurance costs from the point of shipment or          the manufacture of feedingstuffs at least 60 days
       loading to the frontier crossing point.                   before the day on which the peas and field beans are
                                                                 delivered to him . Member States may determine the
 2.      For the purposes of applying paragraph 1 , the          minimum area and/or the minimum quantity for
 Commission shall only take account of the lowest                which the contract may be lodged .
 loading, transport and insurance costs.
                                                                 2.    However, where peas and field beans are deliv­
                                                                 ered to the manufacturer :
                          Article 4
                                                                 — in July 1978, the contract shall be lodged by the
 Where Article 2 of Regulation (EEC) No 1418/78                      day on which the products are so delivered,
 applies, the most favourable offers and quotations
 shall be taken into account :                                  — in August and September 1978 , the contract shall
                                                                     be lodged at least one week before the day' on
 — for soya cakes in bulk, obtained by the processing                which the products are so delivered .
      of soya seed in the Community and delivered to
      Rotterdam ,
                                                                                         Article 7
— for other oil cakes offered on the world market,
      adjusted as appropriate to take into account the
      difference between their value and the value of            Every contract shall include :
      soya cakes.                                               (a) the names, forenames, addresses and signatures of
                                                                     the contracting parties ;
                                                                (b) the date of signature ;
                Declaration and contract
                                                                (c) except in the case of products harvested up to 3
                                                                     October 1978 , the control number of the declara­
                          Article 5                                  tion referred to in Article 5 ;
                                                                (d) the place to which the harvested product is to be
 1.      The  declaration  referred   to  in   Article 4   of
                                                                     delivered ;
Council Regulation (EEC) No 1418 /78 shall be lodged
with the agency appointed for this purpose by the               (e) the quantity of peas and field beans covered by the
Member State where the product has been sown                         contract, or, in the absence thereof, the area, in
before a date to be determined by the Member State                   hectares and ares, where the crop covered by the
concerned . This date shall be fixed in relation to the              contract will be harvested ;
period during which the check referred to in Article            (f) where the contract is between the manufacturer
 11 ( 1 ) of the said Regulation took place in the                   and the producer, the price to be paid to the
Member State concerned .                                             producer per unit of weight ;
2.      The declaration shall include :                         (g) where the contract is between the manufacturer
                                                                     and a buyer, a statement that the producer has
— the name, forenames and address of the person                      received at least the minimum price given in the
      making the declaration ,                                       second indent of Article 2 (2) of Regulation (EEC)
                                                                     No 1119 / 78 .
— the areas sown with peas or field beans for use as
      animal feed, expressed in hectares and ares,
— the number in the land register of the areas sown ,                                    Artide 8
      or an indication recognized as equivalent by the
      agency responsible for the check .                         1.    The producer shall be paid for sound, genuine
                                                                and merchantable goods of the quality specified in
3.      The competent agency shall give a control
number to each        declaration   and  shall  inform   the
                                                                Article 8 of Regulation ( EEC) No 1418 /78 , loaded into
                                                                the purchaser's vehicle at the farm gate .
producer concerned .
4.      By way of derogation from paragraph 1 , no decla­       2. The selling price shall be reduced or increased
ration shall be required for peas and field beans harv­         by 1 % for each point of moisture and/or impurity
ested before 31 October 1978 .                                  content above or below the quality referred to in para­
                                                                graph 1 . If, however, the water content exceeds 18 % ,
                                                                or if the amount of inert matter exceeds 1-5 % , or the
                          Article 6                             impurity content, including the inert matter, exceeds
                                                                5 % , the reductions applying for the rates exceeding
1 . The contract shall be concluded in writing and              the above percentages shall be agreed between the
lodged by the feedingstuffs manufacturer with the               contracting parties.
 ---pagebreak--- No L 179/4                            Official Journal of the European Communities                                 1 . 7 . 78
3 . By way of derogation from paragraph 2, and in                'The check showed that the area indicated in the
the case of contracts lodged up to 31 July 1978 , any            contract is correct'
reduction or increase shall be agreed between the                or
contracting parties.
                                                                 'The check showed that the area indicated in the
                                                                 contract is . . . hectares'.
                    Control measures
                                                                  3 . In order to permit the verifications referred to in
                                                                  paragraph 2 to be effected, each Member State shall
                           Article 9                              inform the Commission of the names and addresses
                                                                  of the authorities appointed to implement the special
 1 . The agency appointed for this purpose in the                 measures for peas and field beans used in the feeding
Member State where the contract is lodged shall check             of animals . The Commission shall inform the other
that the contract satisfies all the conditions laid down          Member States .
in Articles 1 , 6, 7 and 8 , and in particular that the
minimum price is observed.
                                                                                            Article 11
 2. If the contract has been signed with a buyer, the
competent agency shall require the submission of a                 1.     For the purposes of this Article and the
copy of the contract between the buyer and the                    following Articles, 'premises' shall mean :
 producer, in order to check that the contract lodged
 corresponds to the contract in question, particularly as         (a) any building or other place within the precincts of
 regards the observance of the minimum price.                           an establishment manufacturing feedingstuffs, and
                                                                  (b) if the products concerned cannot be stored in
                          Article 10                                    those precincts, any building situated outside them
                                                                        which is sufficiently secure for the purposes of
  1.    The random checks on the areas indicated in the                 controlling the stored products and which has
 declarations referred to in Article 5 shall cover at least             been approved in advance by the agency respon­
 5 % of the declarations lodged.                                        sible for control .
 2. For the purposes of Article 1 1 (2) of Regulation              2. The determination of " the weight and the
 (EEC) No 1418/78, the competent agency of the                     sampling referred to in Article 8 (2) of Regulation
 Member State where the contract is lodged shall                   (EEC) No 1418/78 shall be carried out on entry into
 communicate the control number of the declaration
                                                                   the premises where the peas and field beans are to be
 given on the contract to the competent agency of the              used .
 Member State where the peas and field beans were
 grown .
                                                                   The competent agency shall verify :
 The latter Member State shall verify :                            — if the contract refers to a quantity, that the quan­
  — whether a declaration bearing the same control                      tity supplied does not exceed by more than 5 %
      number has in fact been lodged,                                   the quantity indicated in the contract,
  — whether another contract has already been lodged               — if the contract refers to areas, that the quantity
      concerning the same declaration,                                   supplied corresponds to the quantity which can be
  — whether the areas indicated in the declaration have                  produced on the area indicated.
      been the subject of the check referred to in para­
      graph 1 ,                                                     If the quantity supplied exceeds the percentage speci­
                                                                    fied in the first indent, or does not correspond to that
  and shall inform the former Member State of the                  which can be produced on the area indicated, the
  results of this verification using one of the folowing            competent agency shall grant aid only in respect of
  phrases :                                                         the quantity referred to in the two abovementioned
                                                                    indents. The weight of the peas and field beans shall
  (a) 'The declaration was made in respect of the                   be expressed in kilograms and adjusted in accordance
       following areas : . . . hectares' ;                          with the method defined in the Annex .
  (b) There is no declaration bearing the stated control
       number' ;                                                    3 . The taking of samples, the reduction of labora­
  (c) 'Another contract has already been lodged in                  tory samples to samples for analysis and the determi­
       respect of this declaration'.                                nation of the moisture content and impurities shall be
                                                                    carried out by a uniform method for the whole
   In case (a), one of the following statements shall be            Community. However, until a Community method is
   added if a random check has been made in respect of              adopted, the Member States may continue to use
   the areas :                                                      methods of their choice .
 ---pagebreak---   1 . 7 . 78                          Official Journal of the European Communities                            No L 179 /5
                          Article 12                             — the number of the lot or lots concerned .
 Except in cases of force majeure, peas and field beans
 whose entry into the premises has been verified                                         Article 16
 pursuant to Article 1 1 may not leave those premises
 until they have been processed .                                The aid granted shall be that applying on the day on
                                                                 which the application referred to in Article 5 (b) of
                                                                 Regulation (EEC) No 1418 /78 is lodged .
                          Article 13
 The checks referred to in Article 12 of Regulation                                      Article 17
 (EEC) No 1418/78 shall be such as to establish that
 the quantity of peas and field beans which entered the          1 . After verifying the application referred to in
 premises is the same as the quantity milled and actu­           Article 5 (b) of Regulation (EEC) No 1418/78 , the
 ally incorporated in feedingstuffs .                            competent agency shall issue an aid certificate
                                                                 showing :
 For the purposes of these checks, the manufacturer              — the quantity of peas and field beans entitled to aid
 shall keep separate accounts for peas and field beans                pursuant to Article 11 ,
 harvested in the Community and imported peas and
 field beans, which shall include details of :                   — the amount of aid granted .
— the quantities which have entered the manufac­                 2.    The certificate shall be made out in at least two
      turer's premises, specifying the net weight of the         copies, of which one is issued to the applicant and the
      product as received, and for products harvested in         second kept by the issuing agency.
      the Community the moisture content and the
      impurities content ;                                       3.    Issue of this certificate shall give entitlement to
                                                                 an advance of the aid referred to in Article 7 of Regu­
— movements of products between the buildings or
                                                                 lation (EEC) No 1418 /78 , provided that adequate
      other places referred to in Article 11 ( 1 ) (a) and
      buildings referred to in Article 11 ( 1 ) (b) ;            guarantees are given ..
— the quantities of peas and field beans used in the             4. Except in cases of force majeure, the certificate
      manufacture of feedingstuffs, the quantities of            shall carry with it the obligation to incorporate the
      feedingstuffs produced and the quantities which            quantity indicated in the certificate in feedingstuffs
      left the manufacturer's premises.                          within 270 days of its date of issue.
                                                                The obligation shall be considered to be fulfilled
                          Article 14
                                                                when the processed quantity, determined in accor­
                                                                 dance with the method set out in the Annex, is no
 1 . The application referred to in Article 5 (b) of
Regulation (EEC) No 1418/78 shall be submitted by                more than 2 % less than the quantity indicated .
the manufacturer at the earliest when the products              This quantity shall refer to a product with moisture
referred to in Article 1 1 of this Regulation enter his         and impurity contents corresponding to those in
premises, and in any case before they are incorporated           respect of which aid is fixed .
into feedingstuffs . This application shall be made in
writing.
2.       The application shall be equivalent to an applica­                                  Aid
tion for aid .
                                                                                         Article 18
                          Article 15
                                                                 1.    Aid shall be granted only for peas and field
1 . The application referred to in Article 5 (b) of             beans which are of sound, genuine and merchantable
Regulation (EEC) No 1418/78 may be made only in                 quality.
respect of one or more lots. ' Lots' shall mean a
specific quantity of peas and field beans, to which a           2. Aid shall be paid out on presentation of the
number is given at the time of entry into the manufac­          certificate and after attestation by the agency respon­
turer's premises and in respect of which an analysis is         sible for control that the seeds specified in the certifi­
carried out in accordance with Article 1 1 .                    cate were processed during the period referred to in
                                                                Article 17 (4).
2.       This application shall give at least the following
information :                                                   Aid shall be paid out within 120 days of the presenta­
                                                                tion of the certificate . If the total quantity is not
— surname, forenames and address of the applicant,              processed within the period referred to in Article 17
— the quantity of peas and field beans in respect of            (4), aid shall be paid pro rata in respect of the quanti­
      which the application is made,                            ties which have been so processed .
 ---pagebreak--- No L 179 /6                        Official Journal of the European Communities                              1 . 7. 78
                       Article 19                            The amount of aid referred to above may not,
                                                             however, exceed the difference between the amount
1.    Aid shall be fixed once a month and in such a
                                                             valid on 1 July 1978 resulting from application of the
way as to ensure its application from the first day of        national system and the aid referred to in Article 2 of
the month following the date on which it is fixed.            Regulation (EEC) No 1119/78 .
However, if the market situation changes significantly,
it shall be changed as often as necessary.
                                                                                     Article 21
2.    The   Commission     shall  communicate    to  the
Member States the amount of aid to be granted per
100 kilograms of products, as soon as it is fixed, and        1 . If at the start of the 1978/79 marketing year the
in any case before the date from which it is to be            implementation of the aid system provided for in this
applied.                                                      Regulation meets with serious difficulties, Member
                                                              States may, for the period 1 to 31 July 1978, derogate
                       Article 20
                                                              from the measures provided for in this Regulation
                                                             with the object of ensuring that only those products
1.    In the case of contracts concluded in France            that qualify for aid benefit from it.
before 1 July 1978 , and lodged there until 31 August
1978 , the price payable to the producer shall be not         2. When paragraph 1 is applied, the Member States
less than that provided for by the system in force in         in question shall forthwith inform the Commission of
France before 1 July 1978 .                                   the measures taken by them.
2. Until 30 June 1979, the French Republic is auth­
orized to retain the national system of aid for peas and                             Article 22
field beans harvested on its territory and used in the
feeding of animals.                                           This Regulation shall enter into force on 1 July 1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 30 June 1978 .
                                                                       For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President
 ---pagebreak--- 1 . 7 . 78                          Official Journal of the European Communities                                 No L 179/7
                                                          ANNEX A
                             Method of calculating the weight of peas and field beans
                                                100 — (i + h)
                                                                  X q = X
                                                100 — (i ) + hi )
           I   = impurity of peas and field beans the weight of which is to be determined
           h   = moisture of peas and field beans the weight of which is to be determined
           ii  = impurities
                                   of the quality for which the aid is fixed
           hi = moisture
           q = quantity of the products as received, expressed in kg, the weight of which is to be determined
           X = weight of the products expressed in kg
           Note :
           Only the first two decimal places shall be taken into consideration for the moisture and impurities
           content .
                                                          ANNEX B
                       Coefficients of equivalence for the different qualities of soya meal
                            Soya meal having a                                  Coefficients of equivalence
                             protein content of                         Percentage to be deducted from the price
                              46 to 48 %                                                — 0-560
                              49 to 50 %                                                — 1-120