CELEX: 51980PC0328
Language: en
Date: 1980-06-11
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) ON A COMMON MEASURE TO IMPROVE THE CONDITIONS UNDER WHICH AGRICULTURAL PRODUCTS IN THE EGGS, POULTRYMEAT, CEREALS AND CATTLEFEED SECTORS IN NORTHERN IRELAND ARE PROCESSED AND MARKETED (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 328
Vol. 1980/0118
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                           COM(80)328 final
                                           Brussels , 11th June 1980
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               PROPOSAL FOR A COUNCIL REGULATION ( EEC )
        ON A COMMON MEASURE TO IMPROVE THE CONDITIONS UNDER
       WHICH AGRICULTURAL PRODUCTS IN THE EGGS , POULTRYMEAT,
          CEREALS AND CATTLEFEED SECTORS IN NORTHERN IRELAND
                     ARE PROCESSED AND MARKETED
             (presented by the Commission to the Council )
  C0M(80 ) 328 final
 ---pagebreak---                                 >
                              EXPLANATORY MEMORANDUM
                                                                   . »
The conditions prevailing at the moment in Northern Ireland are not favourable
to major crop products . Given the structural constraints , a number of
holdings have concentrated on forms of intensive breeding such as pigmeat
production and eggs and poultry . However ,- this type of operation and ,
especially , the production of eggs and poultry is facing particularly serious
problems on account of the fact that &5% of its supplies of feedingstuffs for
poultry come from outside and about two-thirds of its outlets are situated
overseas . Profit margins are therefore very tight especially at the marketing
and processing level where investment is , however , vital not only to improve
its competitive position but also so as to be better able to meet the needs of
producers .
             Ï  '                      • ,     ^                              -
This rationalization and modernization effort therefore necessitates
substantial aid , in view of the low self- financing capacity which it is
possible to require in the current economic situation in Northern Ireland .
 ---pagebreak---                                Proposal for a
                           COUNCIL REGULATION ( EEC )
      on a common measure to improve the conditions under which agricultural
       products in the eggs , poul trymeat', cereals and cattlefeed sectors in
             *
                   Northern Ireland are processed and marketed
THE COUNCIL OF THE EUROPEAN COMMUNITIES .
               «
Having regard to the Treaty establishing the European Economic Community , and
in particular Articles H2 and *13 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the Opinion of the European Parliampnt ,
Having regard to the Opinion of the Economic and Social Committee ,
Whereas improving the processing and marketing of agricultural products , in
particular by improving their quality and presentation , makes it possible to
find wider markets , to improve the return on the products and thereby to
contribute towards increasing agricultural productivity ;
Whereas the measures envisaged in this field are of a Community nature and are
intended to achieve the objectives set out in Article 3Q ( 1)(a ) of the Treaty ;
whereas they therefore constitute a common measure within the meaning of
Article 6 of Council Regulation ( EEC ) No 729 / 70 of ? 1 April 1Q70 ;
Whereas the production of eggs and poultry is of vital interest for the
agricultural economy of Northern Ireland ;
Whereas the situation of this production sector is currently , however ,
 experiencing very serious problems on account of its dependence on external
 supply sources in cattlefeed and , also , outlets situated overseas ;    whereas a
 lasting solution can be found to these problems only by improving the
 marketing and processing conditions both of eggs and poul trymeat and of the
 raw materials necessary for their production :
 ---pagebreak--- Whereas , also , in order to be elgible for Community financing , projects must
permit the achievement of improvement and rationalization of processing and
marketing structures in respect of the products in the sectors mentioned and
of a lasting positive effect on the agricultural sector ;
Whereas , in order to ensure consistency between the measures taken by the
Community and those taken by the Member State concerned , it appears necessary
that the Member State approve projects to be financed by the Fund and also
contribute towards their financing ;
Whereas , in order to ensure that beneficiaries comply with the conditions
imposed at the time aid from the Fund is granted , a procedure should be laid
down for am effective check and for the possibility of suspending , reducing or
discontinuing aid from the Fund ;
Whereas aid from the Fund in the form of a capital grant of not more than 50 ^
of the amount of the investment constitutes an appropriate contribution to the
implementation thereof ;
Whereas aid from the Fund must not affect or be of such a kind as to affect
conditions of competition in a manner incompatible with the principles of the
                                                             \
Treaty ; whereas , for this purpose in particular , it must neither reinforce
 nor create a dominant position in the common market or in a substantial part
 thereof , save where this proves necessary for attaining the aims of this
 Regulation ;                v
 Whereas aid from the Fund over a period of four years amounting to an
 estimated 2*4 million European units of account may contribute towards
 improving the conditions under which products in the eggs , poultrymeat ,
 cereals and cattlefeed sectors are processed and marketed ;
 Whereas , for the approval of projects , a procedure should be laid down
 ensuring close cooperation between Member States and the Commission within the
 Standing Committee on Agricultural Structures , set up by Article 1 of the
 ---pagebreak---                                         - 3 -
Council Decision of '4 December 1Q62 on the coordination of agri culture
structural policies ; whereas provisi on ' sboul d also ba rsade for* tne b'un>
Comml t cce ref erred to in Article 11 of Regulation ( H'iiC ; -'.: o 721 / 70 to be
cons.il ted ,
HAS ADOPTED THIS PECULATION    :
 ---pagebreak---                                    COUNCIL REGULATION
        on a common measure to improve processing and marketing conditions
              in the eggs , poultrymeat , cereals and.cattlefeed sectors
                                  in Northern Ireland
                                       Article  1
1 . In order to improve the structure of markets in the eggs and poultry ,
    cereals and cattlefeed sectors in Northern Ireland , a common measure shall
    be introduced to permit the development or rationalization of undertakings
    engaged in the treatment , processing or marketing of products in those
    sectors .
2 . All the measures provided for in this Regulation shall constitute a common
    measure within the meaning of Article 6(1 ) of Regulation ( EEC ) No 729 / 70 .
3 . The Commission may grant , in accordance with the provisions of Titles II
    and III , aid for the common measure by financing , through the Guidance
    Section of the European Agricultural Guidance and Guarantee Fund ,
    hereinafter referred to as the "Fund ", projects which satisfy the
    conditions of Title I.
                                        Title I
                                        Projects
Article 2
1 . Within the meaning of this Regulation , " project " means any project
    involving public , semi-public or private material investment relating
    wholly or in part to buildings and /or equipment intended in particular for :
    a ) rationalizing or developing storage , market preparation , preservation ,
        treatment or processing of the products of the sectors mentioned in
        Article 1(1 );
 ---pagebreak---                                          - 2 -
     b ) improving marketing channels ;
     c ) better knowledge of the facts relating to prices and to their formation
         on the markets for products of the sectors mentioned in Article 1(1 ).
2 . This Regulation shall not apply to investment at the retail level .
Article 3
1 . Projects shall relate to the marketing of the products set out in Annex II
    to the Treaty of to the production of the processed products set out in that
    Annex . They must contribute to a permanent improvement of the situation of
    the sectors referred to in Article l(l ).
2 . Aid from the Fund may be granted only if the beneficiary provides
     sufficient evidence that the conditions specified in paragraph 1 of this
     Article are fulfilled .   Account may be taken , inter alia , of long-term
     supply contracts concluded with the producers of the basic agricultural
     product , on reasonable terms for such producers .
Article 'I
Projects must :
a ) offer adequate guarantees as to their profitability ;
b ) contribute to the lasting economic effect of the structural improvement of
     the sectors referred to in Article 1(1 ).
                                        Title I I
                            Procedure for examining projects
 Article 5
 1 . Applications for aid from the Fund must be submitted through the Member
      State concerned prior to 1 May .
 ---pagebreak---                                               - 3 -
  2 . The Commission shall decide twice yearly on applications for aid
       submitted .    Its decisions shall be taken not later than 30 June and
        31 December .                       .
       Decisions which are taken during the first six months of a year shall be
       limited to applications for aid submitted not later than 31 December of the
       preceding year .    Applications for aid submitted between 1 January and
       30 April cannot be considered until the second half of the same year .
  3 . In order to be eligible for aid from the Fund , projects must have been
       approved by the Member State on whose territory they are to be .carried out .
       Applications for aid must be accompanied by information making it possible
       to establish that the project satisfies the requirements laid down in
       Title I.                                                   \             . _
  'i . Tha prtrUoulnrci whloh must be given in the applications and the form in
       which they must be presented shall be those laid down by Regulation ( EEC )
       No 219 /78 .     '
  Article 6
/                                         .
  1 . The Commission shall decide on the granting of aid from the Fund in
       accordance with the procedure laid down in Article 11 , after consulting the
       Fund Committee on the financial aspects .
  2 . The Member State concerned and the beneficiary shall be notified of the
       Commission 's decision .
  Article 7
  1 . In taking its decision the Commission shall take account in particular of -
       the allocation to the project concerned of any direct or indirect
       investment aid other than that provided for in this Regulation . To that
       end , the Member State concerned shall inform the Commission of anv such aid .
 ---pagebreak---                                          - '4 -
2 . Projects which are eligible for aid under Regulation ( EEC ) No 355 / 77 or
    which may be eligible for Community aid under other common measures within
    the meaning of Article 6(1 ) of Regulation ( EEC ) No 7?9 / 70 shall not fall
    within the scope of this Regulation .
                                       Title III
                          Financial and général provisions
Article 8
1 . The estimated time required for carrying out the common measure is / 'J /
    years as from / 1 January 1981 /.
2 . The estimated cost of the common measure financed by the Fund for the
    period 1 January 1981 to 31 December 1981 shall be 12 million EUA .
3 . Article 6(5 ) of Regulation ( EEC ) No 729 / 70 shall apply to this Regulation .
Article 9
1 . Aid from the Fund shall consist of capital grants made in the form of one
    or more payments .
2 . For each project , in relation to the investment made :
    a ) the financial contribution of the beneficiary must be not less than
        / 25 * /;
    b ) the financial contribution of the Member State on whose territory the
        project is to be carried out must be not less than 10 ?;
    c ) the aid granted by the Fund shall be not more than 50t .
Article    10
The granting of aid from the Fund must not affect the conditions of
 competition in a manner incompatible with the principles contained in the
Treaty .
 ---pagebreak---                                    5
Article   11
1.   Aid from the Fund shall be granted to natural or legal persons , or
     groups thereof , who shall be ultimately responsible for the cost of
     carrying out the project#
     Aid from the Fund shall be paid through agencies appointed for that
     purpose by the Member State concerned .
2.   Throughout the period during which aid is granted from the Fund , the
     authority or agency appointed for that purpose by the Member State
     concerned shall , at the request of the Commission , forward to it all
     supporting documents and all documents of such a kind as to establish
     that the financial or other conditions laid down in respect of each
     project have been fulfilled . The Commission may , if necessary , carry
     out an on-the-spot check .
                                 /
     After it has consulted the Fund Committee on the financial aspects ,
     the Commission may decide to Buspend , reduoe or discontinue aid from
     the Fund in accordance with the procedure laid down in Article 14 J
     - if the project has not been carried out as planned or
     - if some of the conditions laid down have not been fulfilled or
     - if the beneficiary , contrary to the details contained in his
        application and set out in the decision to grant aid has neither
        begun the work within two years of the date of notification of
        that decision nor furnished adequate assurances , before the end
        of the said period , that the project will be carried out .
     The Member State concerned and the beneficiary shall be notified of
     the decision .
     The Commission shall recover any sums whose payment was not or is no
     longer justified .
3.   The detailed rules for the applioation of this Article shall be those
     laid down in Regulation (EEC) Ko 1685/78 .
 ---pagebreak---                                     - 6 -
Article     12
1.    For each project which has received aid from the Fund , the beneficiary
      Bhall forward to the Commission , through the Member State , a report on
      the financial results of the project . This report shall "be submitted
      within the period laid down by the Commission in its decision to grant
      aid .
2.    If the beneficiary does not fulfil the obligation laid down in
      paragraph 1 , the Commission , after giving the beneficiary due notice ,
      may decide to reverse , in whole or in part , its decision to grant aid ,
      acting in accordance with the procedure laid down in Article 14 and
      after consulting the Fund Committee on the financial aspects . The
      decision shall be communicated to the Member State concerned and to
      the beneficiary . The Commission shall recover , in whole or in part ,
      the sums paid .
3.    Detailed rules for the application of this Article , particularly as
      regards the contents which the report referred to in paragraph 1
      must contain , shall be adopted in accordance with the procedure laid
      down in Article 14 | after consultation of the Fund Committee on the
      financial aspects .
Article     13
Applications for aid from the Fund submitted to the Commission in respect
of projects which were not eligible for aid owing to the insufficiency of
available resources may , with the agreement of the applicants , be carried
forward to the following financial year by the Member State      concerned .
Requests that such applications be carried forward must be submitted to the
Commission within a period of 30 days from the date on which the Member
State receives notification of the outcome of the procedure laid down in
 Article 14® An application for aid may , however , be carried forward once
 only .
                                                                   /•
 ---pagebreak---     Where the procedure laid down in this Article ia to "be followed , t
    matter shall be referred to the Standing Committee on Agricultural
    Structures on the Chairman either on his own initiative or at the ,
     request of the representative of a Member State .
.    The representative of the Commission shall submit a draft of the
     measures to be taken, The Standing Committee on Agricultural Struc­
      tures shall deliver an Opinion on the measures by a majority of
      41 votes , within a time limit set by the Chairman according to the
      urgency of the matters under consideration} the votes of the Member
       States shall be weighted as provided for in Article 148(2) of the
       Treaty# The Chairman shall not vote .
3.     The Commission shall adopt the measures , which shall be immediately
       applicable . However , if such measures are not in accordance with the
       Opinion of the Standing Committee on Agricultural Structures , the
       Commission shall communicate them for think to the Council } in such
        a case tn© Commission may defer for not more than one month from the
        date of such communication , application of the measures which it has (
        adopted .
        The Council , acting by a qualified majority, may adopt a different
        decision within one month .
  Article    15
  Articles 92 , 93 and 94 of the Treaty shall remain applicable in respect of
  matters covered by this Regulation.
  Article    16
  The first decisions to grant aid under this Regulation shall fce taken under
  the 1981 finanoial year .
 ---pagebreak--- £ -r-i •). r 'i $  Xf
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its v ; b ] i cat ion 'Ui iha Oxfiois.1                of "fcbs          Cwi'igj 'Lias ,
                                                       '133
                                                    ♦
 ---pagebreak---                     FINANCIAL                STATEMENT
                                                                                      Date :    2 • 6 . 1 980
  i . BUDGET HEADING :        8262 ( to be created                                    APPROBATIONS
  2 . TITLE : Proposal for a Council Regulation on- a common measure to improve the
                  conditions of processing and marketing in the eggs , poultrymeat , cereals
                  and cattle feed sectors in Norhtern Ireland .
  J. LEGAL BASIS :           Article 6 of Reg . n° 729/ 70
  «. AIMS OF PROJECT i
          To improve the market structures and the processing and marketing structures
          in the eggs , poultrymeat , cereals and cattle feed sectors in Northern Ireland .
                                                                                                 FOLLOWING FINANCIAL YEAR
  5 . F INANC IAL IMPLICATIONS                 PERIOP OF 12 MONTHS     CURRENT FI^WJAL TEAR               t   19R1  )
  5.0 EXPENDITURE
         - CHARGED TO WE IC BUDGET
            ( REFUNDS / INTERVENTIONS )
                                                                                                          3    MEUA
         - NATIONAL ADMINISTRATION                                                                0 *I 6 à 1,5 MEUA
          - OTHER ( beneficiaries )                                                               1 ,5 à 2,4 MEUA
  5.1 RECEIPTS
          - OWN RESOURCES OF THE EC
            ( LEVIES / CUSTOMS DUTIES )
          - NATIONAL
                                                     1981           I      1982              1983                1984         I
   5.0.1 ESTIMATED EXPENDITURE                      3 MEUA             3 MEUA             3 MEUA               3 MEUA
   5.1.1 ESTIMATED RECEIPTS
   5.2 METHOD OF CALCULATION
          It is estimated that the Community 's yearly share in this measure will have
          to be 3 MEUA .           This will mean a total cost of 12 MEUA for the duration of
          the regulation .
    6.0 CAN THE PROJECT BE FINANCED FROM APPROBATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET ?
                       Concerns the budget only as from 1981                                                           3K&Xi&
I   6.1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN       CHAPTERS OF  THE CURRENT BUDGET ?
                       Concerns the budget only as from 1981                                                           XWXH»
I    Ο* £  IS A SUPPLEMENTARY BUOGET BE NECESSARY ?
                                                                                                             /
           WILL FUTURE BUDGET APPROBATIONS BE NECESSARY ?
                                                                                                                       YES
     OBSERVATIONS :        Timetable of payment :
                          Crédits d' engagement             i       '    '       Crédits de paiement                          I
                                                               TWI       1982        1983      1984         1985      1986    I
                     1981      :   3   MEUA                        1        ' 1         n
                     1982      :   3    MEUA                                  1         1         1
                     1983      :   3    MEUA                                            1         1            1
                     1984      :   3    MEUA             .                                        1            1          1
                                                           1
                     Total :      12 MEUA                  !       1          2         3         3            2          1