CELEX: 51995PC0024
Language: en
Date: 1995-03-07
Title: Proposal for a COUNCIL REGULATION (EC) amending Council Regulation (EEC) No. 1766/92 on the common organization of the market in cereals and Council Regulation (EC) No. 1868/94 establishing a quota system in relation to the production of potato starch

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                         mM/qSi 24    final
                                         Brussels,  07.03.1995
                                          95/0024(CNS)
                          Proposal for a
                     COUNCIL REGULATION (EC)
           amending Council Regulation (EEC) No. 1766/92
      on the common organization of the market in cereals and
     Council Regulation (EC) No. 1868/94 establishing a quota
       system in relation to the production of potato starch
                  (presented by the Commission)
 ---pagebreak---                                                                                             z.
                             EXPLANATORY MEMORANDUM
This Regulation extends the quota system for the production of potato starch to the new
Member States.
The quotas arc determined on the basis of actual starch production during 1993, being a
representative year for such production.
At the same time, the present version of the Council Regulation is adapted in order to ensure
that:
      the compensatory payment paid lo farmers is limited to the quantity of potatoes
      corresponding to the sub-quota of the starch manufacturer
      to correct an error which could lead to false interpretations of the quantity that must be
      compulsorily exported without qualifying for a refund.
 ---pagebreak---                                  Proposal for a                      3
                      COUNCII. REGULATION (EC) No.
                                       of
                 amending Council Regulation (EEC) No. 1766/92
            on the common organization of the market in cereals and
           Council Regulation (EC) No. 1868/94 establishing a quota
             system in relation to the production of potato starch
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commission^1);
Having regard to the opinion of the European Parliament (2 ) ;
Having regard to the opinion of the Economic and Social Committee(3);
Whereas Article 8 of Council Regulation (EEC) No 1766/92 of 30 June 1992 on
the common organization of the market in cereals141, as last amended by the
Act of Accession of Austria, Finland and Sweden and by Regulation (EC) No
3290/94<b), provides for a system of compensatory payments for producers of
potatoes intended for the manufacture of potato starch; whereas in order to
avoid excessive production of potato starch, such compensatory payments
should be paid only in respect of the quantity of potatoes delivered by a
potato producer to an undertaking producing potato starch which does not
lead to that undertaking exceeding its quota limit;
 (1)
 (2)
 (3)
 (4) OJ No. L 181, 1. 7.1992, p. 21.
 (5) OJ No L 349, 31.12.1994, p. 105
 ---pagebreak---                                                                                     L
                                                                                      /
Whereas council Regulation (EC) No. 1868/94 of 27 July 1994 establishing a
quota system in relation to the production of potato starch(£) set out in
Article 2 the quotas for Member states for the production of potato starch
for the marketing years 1995/96, 1996/97 and 1997/98; whereas the accession
of Austria, Finland and Sweden makes it necessary that quotas be allocated
for those Member states, whereas the basis for the allocation of quota used
for other Member states is inappropriate in the case of Austria, Finland and
Sweden, as the premium referred to in Article 1 of Council Regulation (EEC)
No.   1543/93 (j?) was    not  payable;    whereas   the   quota   should    therefore    be
allocated on the basis of the amount of potato starch produced in each
Member state in the calendar year 1993, for which national aid was received;
whereas     in the case of Finland, additional quota should be allocated to
cover production which could not be realised in 1993 as a result of the
 imposition of an obligation to set aside land;
Whereas, as a result of an error, Article 6(1) and (2) of Regulation (EC)
 No.  1868/94 appear to be contradictory; whereas             for the sake of clarity
 Article 6 should be amended,
Whereas the prices and amounts fixed in ecus by this Regulation are established in conformity
with the agrimonetary arrangements valid from 1 February 1995 in accordance with Council
Regulation (EEC) N o 3813/92^, as last amended by Council Regulation (EC) N o 150/95#)
and in particular Article 13(2) thereof;
HAS ADOPTED THIS REGULATION:
                                         Article 1
Article     8(2) of    Regulation    (EEC) No.   1766/92    shall be    replaced     by  the
 following:
 "2. (a)   A system of compensatory payments is established for producers of
           potatoes intended for the manufacture of potato starch.              The amount
           of the payment applies to the quantity of potatoes necessary to
           produce one tonne of starch.       It shall be set at ECU 86,94 from the
           1995/96 marketing year onwards.
      (b) without    prejudice    to   the  provisions    of   sub-paragraph      (a), the
           compensatory payment shall be paid only in respect of the quantity
           of potatoes covered by a contract between the potato producer and
           the undertaking     producing potato     starch within      the quota      limit,
           referred to in Article 2(2) of Regulation (EC) No. 1868/94, of such
           undertaking."
  (6)   OJ No L 197, 30.07.1994, p. 4.
  (7)   OJ No L 154, 25.06.1993, p. 4.
  (8)   OJ No L 387, 31.12.1992, p . . l .
  (9)   OJ No i, 22, 31.01.1995, p. 1.
 ---pagebreak---                                   Article 2
                                                                 s
Regulation (EC) No. 1868/94 shall be amended as follows:
1.  In Article 2 :
    (a) the table in paragraph (1) shall be replaced by the following:
        "Denmark                          178 460 tonnes
         Germany                          591 717 tonnes
         Spain                              2 000 tonnes
         France                           281 516 tonnes
         Netherlands                      538 307 tonnes
         Austria                           46 100 tonnes
         Finland                           49 750 tonnes
         Sweden                            60 900 tonnes
                                        1 748 750 tonnes";
    and
    (b) after the second indent in paragraph (2) there shall be inserted the
        following sub-paragraph:
        "However, in the case of Austria, Finland and Sweden, the Member
        state  shall  allocate  the  quota  referred  to in paragraph  1 to
        undertakings producing potato starch, for use in the marketing years
        1995/96, 1996/97 and 1997/98, on the basis of the amount of potato
        starch produced by them in the calendar year 1993 and for which they
        received national aid."
2.  In Article 6:
    (a) in paragraph (1), the words "Without prejudice to Article 5" shall
        be deleted; and
    (b) in paragraph (2), the words "Without prejudice to" shall be replaced
        by the word "Notwithstanding".
 ---pagebreak---                                  Article 3
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities.
It shall apply from 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.                                                   v
Done at Brussels,                           Fer the Council
 ---pagebreak---         FINANCIAL STATEMENT
        BUDGET HEADING: Bl-1021                                                            APPROPRIATIONS:
                                                                                           ECU 134 million
2.      TITLE:
        Proposal for a Council Regulation amending Regulation (EEC) No 1766/92 on the common organization of the market
        in cereals and amending Regulation (EEC) No 1868/94 establishing a quota system in relation to the production of
        potato starch
         LEGAL BASIS:
        Articles 42 and 43 of the Treaty
         AIMS:
         Adjustment of the potato starch quota as a result of the accession of Austria, Finland and Sweden
         FINANCIAL IMPLICATIONS:                                 PERIOD OF 12              CURRENT          FOLLOWING
                                                                    MONTHS                 FINANCIAL         FINANCIAL
                                                                                              YEAR              YEAR
                                                                                               (95)              (96)
                                                                  (ECU million)           (ECU million)     (ECU million)
5.0.     EXPENDITURE                                             ECU 17.1 million       ECU 2.1 million    ECU 17.1 million
         - CHARGED TO THE EC BUDGET
           (REFUNDS/INTERVENTION)
         • NATIONAL AUTHORITIES
           OTHER
5.1.     REVENUE
        - OWN RESOURCES Or TIIC CC
        • (LEVIES/CUSTOMS DUTIES)
         -NATIONAL—
                                                                    1997             1998             1999         2000
 5.0.1.  ESTIMATED EXPENDITURE                                  ECU 17.1 m      ECU 15.0 m            p.m.
 5.1.1.  ESTIMATED REVENUE
 5.2.    METHOD OF CALCULATION:                                     N22,25                                      ^86,94
         The measure consists of paying the starch premium of ECU N / J\ and the producer compensation of ECU v!/t for the
         quantities allocated to the three new Member States.
         The additional cost per marketing year is:
          Starch premium           1 5 6 . 7 5 0 T x 2 2 , 2 5 ECU/T       » = ECU 3.5 million
          Compensatory payment 1 5 6 . 7 5 0 T x 8 6 , 9 4 ECU/T =            ECU 13.6 million
                                                                              ECU 17.1 million
          Payments will begin from the 1996 financial year with the exception of 12% of the compensatory payment which will
          be made from the 1995 financial year.
 6.0.     CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT
          CHAPTER OF THE CURRENT BUDGET?                                                                          YES
 6.1.     CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT
          BUDGET?                                                                                                 YES
 6.2.     WILL A SUPPLEMENTARY BUDGET BE NECESSARY?                                                            —YES/NO
 5.3.     WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?                                                         YES
 OBSERVATIONS         The measure is limited to the 1995/96 to 1997/98 marketing years.
 ---pagebreak---                                                               ^    ISSN 0254-1475
                                                             COM(95) 24 final
                                              DOCUMENTS
EN                                                                       02 03
                                        Catalog number : CB-CO95-032-EN-C
                                                             ISBN 92-77-85232-1
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