CELEX: 51990PC0337
Language: en
Date: 1990-07-11
Title: AMENDED PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 797/85 ON IMPROVING THE EFFICIENCY OF AGRICULTURAL STRUCTURES

14. 8. 90                              Official Journal of the European Communities                              No C 203/17
                                                        Seventh recital:
             The seventh recital becomes the eighth and final recital.
                                                         Article 1 (1):
             The following new indent is added:
                  'Member States may grant EEC component type-approval for types of device other than
                  those mentioned in Annex II if their performance can be proved to be at least as effective.'
                                                       Article 3, line 1:
             The word 'performance' replaces the word 'operation'.
             Amended proposal for a Council Regulation (EEC) amending Regulation (EEC) No 797/85 on
                                      improving the efficiency of agricultural structures
                                                     COM(90) 337 final
             (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 12 July 1990)
                                                        (90/C 203/08)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas possibilities for non-food use are sufficiently
                                                                    advanced, technically and economically, in the case of
                                                                    cereals;
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 42 and
43 thereof,                                                         Whereas the realization of such possibilities enables
                                                                    farmers to turn towards new outlets; whereas, in order
                                                                    to encourage them in this direction, cereals must be
                                                                    made available at attractive prices;
Having regard to the proposal from the Commission,
                                                                    Whereas, however, such new uses must not lead to an
Having regard      to  the    opinion   of   the  European          increase in production of cereals, thereby leading to
Parliament,                                                         further surpluses;
Having regard to the opinion of the Economic and
Social Committee,                                                   Whereas the existing aid scheme to encourage the
                                                                    set-aside of arable land should accordingly be adjusted
                                                                    by providing for specific aid for the use of arable land
                                                                    for non-food ends;
Whereas the structures policy must contribute towards
helping farmers adapt to the new market reality and
towards alleviating the effects which the new market and
prices policy may have, in particular, on agricultural              Whereas in order to ensure that the new policy is effec-
income;                                                             tively applied, certain minimum conditions must be laid
                                                                    down for the granting of the aid; whereas provision
                                                                    should be made in particular for producers, as well as
                                                                    groups of producers, to present a contract concluded
Whereas the European Council has requested the                      with a processing enterprise guaranteeing the non-food
Commission to explore all possibilities of stepping up the          use of the products in question in order to qualify for the
use of agricultural raw materials for non-food ends;                aid;
 ---pagebreak--- N o C 203/18                             Official Journal of the European Communities                                    14. 8. 90
Whereas, in order to provide an extra incentive to                     — arable land on the holding which is the subject of
producers who set aside a substantial amount of their                      a set-aside undertaking, extending to at most
arable land, at least 40 % , and who fulfil the other                      50 % of the area set aside and on condition that
conditions for receiving the specific aid, an exoneration                  it is sown to cereals, and that the whole cereal
should be provided from the co-responsibility levy                         production of such areas is intended for
foreseen in Article 4 of Council Regulation (EEC) No                       non-food purposes.
2727/75 of 29 October 1975 on the common organ-
ization of the cereals market (') modified by Regulation
3989/87 (2) as well as the supplementary co-responsi-                  Producers may not qualify for the specific aid, unless
bility levy foreseen in Article 4 (c) paragraph 2 of Regu-             they submit a contract concluded with a processing
lation (EEC) No 2727/75;                                               enterprise guaranteeing the non-food use of the
                                                                       products in question within the Community.
Whereas, in addition, in order to avoid overcompen-
sation, products which qualify for a production refund in              In the event that a group of farmers arranges to
accordance with Article 11a of Council Regulation                      supply a single processing enterprise on a contract
(EEC) N o 2727/75, as last amended by Regulation                       basis, and on condition that the arable land
(EEC) N o 1340/90 (3), or the aid provided for in Article              withdrawn from production represents at least 40 %
 l i b thereof should not be eligible for the aid;                     of the total, as well as jointly fulfilling the
                                                                       requirement foreseen in subparagraph 2, second
                                                                       indent, this additional 20 % may be respected by the
Whereas the ceiling on the specific aid must take account              group as a whole rather than by the individual farms.
of income from the sale of the cereals in question to the
processing enterprises; whereas such ceilings must
accordingly be less than those effectively laid down for               Contracts relating to consignments which qualify for
set-aside;                                                             the production refund provided for in Article 11a of
                                                                       Regulation (EEC) No 2727/75 or the aid provided
Whereas Council Regulation (EEC) No 797/85 (4), as                     for in Article l i b thereof shall not be eligible for the
                                                                       specific aid.
last amended by Regulation (EEC) No 3808/89 (5),
should be amended accordingly,
                                                                       The specific aid shall be paid for the duration of the
HAS ADOPTED THIS REGULATION:                                           contract, up to a maximum period of five years from
                                                                       the first supply of products to the processor in
                                                                       accordance with the delivery contract.
                             Article 1
Article la of Regulation (EEC) No 797/85 is hereby                     One year after the effective implementation of the
amended as follows:                                                    scheme by the Member States, the Commission will
                                                                       transmit a report to the Council and Parliament. At
(a) The following paragraph is inserted:                               this time if it is deemed necessary, the Commission
                                                                       will make a proposal to modify the regime in order
                                                                       to increase its efficency, taking into account the
       '3a    The Member States may provide for a specific             response of farmers and processors, the economic
       aid scheme for the use of arable land for non-food              viability, and the environmental impact of the
       purposes, these being the manufacture within the                scheme, possible control problems, (in particular,
       Community of products not destined for human or                 with regard to by-products), and any other relevant
      for animal consumption.                                          aspect. At the same time the Commission, in the light
                                                                       of the results of the demonstration projects, will
                                                                       examine the possibility of extending the regime to
      The following shall be eligible under the aid scheme:            products other than cereals.'
      — recipients under the aid scheme provided for in
           paragraph 1 on condition that the arable land set       (b) The following subparagraph is added to paragraph
           aside represents at least 30 % of the arable land           4(a):
           of the holding in question,
                                                                       'The specific aid provided for in paragraph 3 a to be
                                                                       paid per hectare shall be determined in accordance
(')   OJ  No  L 281, 1. 11. 1975, p. 1.                                with the criteria laid down in the first subparagraph.
O     OJ  No  L 377, 31. 4. 1987, p. 1.                                The maximum aid shall be fixed at 70 % of the aid
O     OJ  No  L 134, 28. 5. 1990, p. 1.                                provided for in the first subparagraph. For the areas
O     OJ  No  L 93, 30. 4. 1985, p. 1.                                 in question, the specific aid shall replace aid for
O     OJ  No  L 371, 20. 12. 1989, p. 1.                               set-aside.'
 ---pagebreak--- 14. 8. 90                                Official Journal of the European Communities                            No C 203/19
(c) The following subparagraph is added after the first                     '— the special detailed rules on the granting of
    subparagraph of paragraph 6:                                                the specific aid provided for in paragraph 3 a,
                                                                                and in particular those on the exclusion of
    'An indivudual farmer, as well as a group of farmers,
                                                                                certain uses on limits to be imposed on
    qualifying for the specific aid provided for in
                                                                                by-products, the determination of the ceiling
    paragraph 3a, withdrawing at least 40 % of arable
                                                                                and the minimum areas which may qualify
    land from production for set-aside purposes, will
                                                                                for the aid, delivery contracts, controls,
    benefit from exemption from the co-responsibility
                                                                                including where appropriate, checks on the
    levies for the entire volume of cereals supplied to the
                                                                                processing undertaking, and penalties to be
    industrial processors. This exemption does not
                                                                                laid down where obligations are not
    preclude the possible exemption referred to in
                                                                                complied with.'
    subparagraph 1.'
(d) In paragraph 7:                                                                           Article 2
    — the following words are inserted after '30 April             This Regulation shall enter into force on the third day
         1988':                                                     following its publication in the Official Journal of the
                                                                    European Communities.
        ' . . . and, in the case of the specific aid provided
        for in paragraph 3a, before 1 December 1990,',
                                                                   This Regulation shall be binding in its entirety and
    — the following indent is added:                                directly applicable in all Member States.
                 Proposal for a Council Directive revoking Council Directive 75/404/EEC on the restriction of
                                            the use of natural gas in power stations
                                                       COM(90) 306 final
                                        (Submitted by the Commission on 16 July 1990)
                                                         (90/C 203/09)
                THE COUNCIL OF THE EUROPEAN COMMUNITIES,
                 Having regard to the Treaty establishing the European Economic Community, and in
                particular Article 103 (4) thereof,
                Having regard to the proposal from the Commission,
                Having regard to the opinion of the European Parliament,
                Having regard to the opinion of the Economic and Social Committee,
                Whereas the implementation of a Community energy policy is one of the objectives that the
                Communities have set themselves;
                Whereas the security of Community energy supplies requires the development of all its sources
                of energy;