CELEX: 51989PC0597
Language: en
Date: 1990-01-23
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 797/85 ON IMPROVING THE EFFICIENCY OF AGRICULTURAL STRUCTURES

9. 2. 90                              Official Journal of the European Communities                              No C 31/7
                                                              II
                                                      (Preparatory Acts)
                                                 COMMISSION
             Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 797/85 on
                                      improving the efficiency of agricultural structures
                                                     COM(89) 597 final
                                    (Submitted by the Commission on 13 December 1989)
                                                        (90/C 31/08)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas in order to ensure that the new policy is effec-
                                                                   tively applied, certain minimum conditions must be laid
                                                                   down for the granting of the aid; whereas provision
 Having regard to the Treaty establishing the European
                                                                   should be made in particular for producers to present a
 Economic Community, and in particular Articles 42 and
                                                                   contract concluded with a processing enterprise guaran-
 43 thereof,
                                                                   teeing the non-food use of the products in question in
                                                                   order to qualify for the aid; whereas, in addition, in
 Having regard to the proposal from the Commission,                order to avoid overcompensation, products which qualify
                                                                   for a production refund in accordance with Article 11a
                                                                   of Council Regulation (EEC) No 2727/75 ('), as last
 Having regard     to   the   opinion   of   the  European         amended by Regulation (EEC) No 201/90 (2), or the aid
 Parliament,                                                      provided for in Article 11 b thereof should not be eligible
                                                                   for the aid;
 Having regard to the opinion of the Economic and
 Social Committee,
                                                                  Whereas the ceiling on the specific aid must take account
                                                                  of income from the sale of the cereals in question to the
Whereas the structures policy must contribute towards             processing enterprises; whereas such ceilings must
 helping farmers adapt to the new market reality and              accordingly be less than those effectively laid down for
towards alleviating the effects which the new market and          set-aside;
prices policy may have, in particular, on agricultural
 income;                                                          Whereas Council Regulation (EEC) No 797/85 ( J ), as
                                                                  last amended by Regulation (EEC) No 3808/89 (4),
Whereas the European Council has requested the                    should be amended accordingly,
Commission to explore all possibilities for stepping up
the use of agricultural raw materials for non-food ends;
                                                                  HAS ADOPTED THIS REGULATION:
Whereas possibilities for non-food use are sufficiently
advanced, technically and economically, in the case of                                       Article 1
cereals;
                                                                  Article la of Regulation (EEC) No 797/85 is hereby
                                                                  amended as follows:
Whereas the realization of such possibilities enables
farmers to turn towards new outlets; whereas, in order
                                                                   1. The following paragraph is inserted:
to encourage them in this direction, cereals must be
made available at attractive prices;
                                                                      '3a.    Member States may provide for a specific aid
                                                                      scheme for the use of arable land for non-food
Whereas, however, such new uses must not lead to an                   purposes, these being the manufacture of products not
increase in production of cereals, thereby leading to                 destined for human or for animal consumption.
further surpluses;
Whereas the existing aid scheme to encourage the                  (') OJ   No L 281, 1. 11. 1975, p. 1.
set-aside of arable land should accordingly be adjusted           O   OJ   No L 22, 27. 1. 1990, p. 7.
by providing for specific aid for the use of arable land          O   OJ   No L 93, 30. 3. 1985, p. 1.
for non-food ends;                                                (4) OJ   No L 371, 20. 12. 1989, p. 1.
 ---pagebreak--- No C 31/8                               Official Journal of the European Communities                                     9. 2. 90
   The following shall be eligible under the scheme:               2. The following subparagraph is added to paragraph
                                                                       4(a):
   — recipients under the aid scheme provided for in                   'The specific aid provided for in paragraph 3a to be
       paragraph 1 on condition that the arable land set               paid per hectare shall be determined in accordance
       aside represents at least 30 % of the arable land of            with the criteria laid down in the first subparagraph.
       the holding in question,                                        The maximum aid shall be fixed at 70 % of the aid
                                                                       provided for in the first subparagraph. For the areas
   — arable land on the holding which is the subject of                in question, the specific aid shall replace aid for
       a set-aside undertaking, extending to at most                   set-aside.'
       50 % of the area set aside and on condition that it
       is sown to cereals, that the whole cereal                   3. In paragraph 7:
       production of such areas is intended for non-food               — the following is inserted after '30 April 1988':
       purposes and that, where other areas of the                         'and, in the case of the specific aid provided for in
       holding are sown to cereals, the latter are of a                    paragraph 3a, before 1 April 1990,',
       different species from the abovementioned cereals.
                                                                       — the following indent is added:
   To qualify for the specific aid, producers must submit                  '— the special detailed rules on the granting of
   a contract conluded with a processing enterprise                            the specific aid provided for in paragraph 3a,
   guarenteeing the non-food use of the products in                            and in particular those on the exclusion of
   question within the Community.                                              certain uses, the determination of the ceiling
                                                                               and the minimum areas which may qualify for
                                                                               the aid, delivery contracts, controls including,
   Contracts relating to consignments which qualify for
                                                                               where appropriate, checks on the processing
   the production refund provided for in Article 11a of
                                                                               undertaking, and penalties to be laid down
   Regulation (EEC) No 2727/75 or the aid provided
                                                                               where obligations are not complied with.'
   for in Article l i b thereof shall not be eligible for the
   specific aid.
                                                                                              Article 2
   The specific aid shall be paid for a period of five             This Regulation shall enter into force on . . . 1990.
   years from the first supply of products to the
   processor in accordance with the delivery contract,             This Regulation shall be binding in its entirety and
   with a possibility of cancellation after three years.'          directly applicable in all Member States.
              Proposal for a Council Directive amending Directive 77/93/EEC on protective measures
              against the introduction into the Member States of organisms harmful to plants or plant
                                                            products
                                                       COM(89) 647 final
                                     (Submitted by the Commission on 21 December 1989)
                                                          (90/C 31/09)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas by Directive 77/93/EEC ('), as last amended by
                                                                   Directive 89/439/EEC (2), the Council laid down
                                                                   protective measures against the introduction into the
                                                                   Member States of organisms harmful to plants or plant
Having regard to the Treaty establishing the European              products; whereas the protection of plants against such
Economic Community, and in particular Article 43                   organisms is absolutely necessary to increase agricultural
thereof,                                                           productivity which is one of the objectives of the
                                                                   common agricultural policy;
Having regard to the proposal from the Commission,
Having regard       to   the  opinion    of   the  European        (') OJ No L 26, 31. 1. 1977, p. 20.
Parliament,                                                        (2) OJ No L 212, 22. 7. 1989, p. 106.