CELEX: 31974R1067
Language: en
Date: 1974-04-30 00:00:00
Title: Regulation (EEC) No 1067/74 of the Council of 30 April 1974 on the common organization of the market in dehydrated fodder

No L 120/2                       Official Journal of the European Communities                                         1 . 5 . 74
                           REGULATION (EEC) No 1067/74 OF THE COUNCIL
                                                of 30 April 1974
                    on the common organization of the market in dehydrated fodder
THE COUNCIL OF THE EUROPEAN                                 the Community should be enabled to take all neces­
COMMUNITIES,                                                sary measures without delay so as not to leave the
                                                            market without defence against disturbances which
                                                            may arise due to imports or exports ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 42
and 43 thereof ;                                            Whereas the provisions of the Treaty which allow the
                                                            assessment of aids granted by Member States and the
                                                            prohibition of those which are incompatible with the
Having regard to the proposal from the Commission ;         common market should be made to apply to dehy­
                                                            drated fodder ;
Having regard to the Opinion of the European Parlia­
ment ;                                                      Whereas, in order to facilitate implementation of the
                                                            proposed measures, a procedure should be provided
                                                            for establishing close cooperation between Member
Having regard to the Opinion of the Economic and            States and the Commission within a Management
Social Committee ;                                          Committee ;
Whereas the operation and development of the                Whereas, taking account of the establishment of a
common market in agricultural products must be              common organization of the market in dehydrated
accompanied by the establishment of a common agri­          fodder, the Annex to Council Regulation (EEC) No
cultural policy to include in particular a common           827/ 68 ( ! ) of 28 June 1968 on the common organiza­
organization of agricultural markets, which may take        tion of the market in certain products listed in Annex
various forms, depending on the product concerned ;         II to the Treaty, as last amended by Regulation ( EEC)
                                                            No 1014/73 (2), should be adopted,
Whereas the production of dehydrated fodder is of
particular importance as regards animal feeding ;
whereas the situation of the market in these products
                                                             HAS ADOPTED THIS REGULATION :
is characterized by production which is clearly low in
view of the potential outlets in the Community ;
whereas appropriate measures should therefore be
taken to ensure a better supply of the Community                                          Article 1
market in proteins ; whereas this objective can be
attained by granting an aid to green fodder drying          A common organization of the market in dehydrated
plants ;                                                     fodder      shall be     established    and      shall cover     the
                                                             following products :
Whereas the validity of this system of aid should
                                                                    CCT
however be limited to a period sufficient to permit its            heading                    Description of goods
effectiveness to be assessed ;                                       No
                                                             12.10 ex B         Lucerne, sainfoin , clover, lupins, vetches
Whereas, to ensure that drying plants are regularly                             and similar forage products, dehydrated, by
supplied and to enable growers to benefit from the                              artificial heat-drying, except hay and kale
system of aid the granting of the aid should in certain                         forage
cases be made subject to the conclusion of contracts
between these growers and the aforementioned drying
plants ;                                                                                  Article 2
Whereas the common organization of the market in             The marketing year for dehydrated fodder shall begin
dehydrated fodder involves the introduction of a             on 1 April of each year and end on 31 March of the
single trading system at the external frontiers of the       following year. However, the 1974/ 75 marketing year
Community ; whereas the Common Customs Tariff                shall begin on 1.5 May 1974.
automatically applies from 1 January 1970 pursuant to
the Treaty, and this system makes it possible to             (') OJ No L 151 , 30 . 6 . 1968 , p . 16 .
dispense with all other protective measures ; whereas        (2 ) OJ No L 106, 20 . 4. 1973 , p . 1 .
 ---pagebreak--- 1 . 5 . 74                          Official Journal of the European Communities                            No L 120 / 3
                          TITLE I                              5.     Detailed rules for the application of this Article
                                                               shall be adopted in accordance with the procedure
                                                               laid down in Article 12 .
                     Production aid
                                                                                         Article 5
                         Article 3
                                                               The system of aid provided for under this title shall
1.      Under the conditions laid down in this Title , aid
                                                               apply until the end of the 1977/78 marketing year.
shall be granted for the production of the dehydrated          Before the end of that year, the Council , acting by a
fodder referred to in Article 1 , obtained from produce        qualified majority on a proposal from the Commis­
harvested within the Community.                                sion, shall decide whether to maintain and, if neces­
2. The production aid shall be granted only to                 sary, alter this system .
drying plants which :
— produce dehydrated fodder meeting a minimum                                            TITLE II
     quality requirement,
— satisfy the requirements for establishing entitle­                          Trade with third countries
      ment to aid , and
— have concluded contracts with producers of fodder                                      Article 6
      for dehydration or dehydrate their own crops or,
      in the case of cooperative groups, those of their        Save as otherwise provided in this Regulation or
      members .
                                                               where derogation therefrom is decided by the Council
 3 . The production shall be paid by the Member                acting by a qualified majority on a proposal from the
 State in which the dehydrated fodder is produced .            Commission , the following shall be prohibited in
                                                               trade with third countries :
 4. The Council, acting by a qualified majority on a           — the levying of any charge having equivalent effect
 proposal by the Commission , shall determine :                     to a customs duty ;
 — the criteria for determining the minimum quality            — the application of any quantitative restriction or
      requirement,                                                  measure having equivalent effect .
 — the conditions referred to in the second indent of
      paragraph 2,                                                                       Article 7
 — the criteria according to which the contracts
      referred to in paragraph 2 are to be concluded .          1.    If as a result of imports or exports the Commu­
                                                                nity market in the products listed in Article 1 experi­
 5.     Detailed rules for the application of this Article      ences , or is threatened with , serious disturbances
 and in particular as regards the standard provisions           which may endanger the objectives set out in Article
 with which the contracts referred to in paragraph 2            39 of the Treaty, appropriate measures may be applied
 must comply, shall be adopted in accordance with the           in trade with third countries until such disturbance or
 procedure laid down in Article 12.                             threat of disturbance has ceased .
                                                                The Council, acting by a qualified majority on a prop­
                          Article 4
                                                                osal from the Commission , shall adopt detailed rules
                                                                for the application of this paragraph and define the
  1 . The amount of aid shall be fixed taking into              cases where and the limits within which Member
 account the need to improve the Community supply
                                                                States may take protective measures.
 of dehydrated fodder.
                                                                2.     If the situation referred to in paragraph 1 arises,
 2.     This aid, of uniform amount throughout the
                                                                the Commission shall , at the request of a Member
 Community, shall be fixed before 1 August each year,
 for the next marketing year.                                   State or on its own initiative, decide upon the neces­
                                                                sary measures . The measures shall be communicated
 However,     the   amount    of  aid   for  the  1974/ 75      to the Member States and shall be immediately appli­
 marketing year shall be fixed before 15 May 1974.              cable . If the Commission receives a request from a
                                                                Member State , it shall take a decision thereon within
 3.     The amount of the aid shall be fixed in accor­          twenty-four hours following receipt of the request.
 dance with the procedure laid down in Article 43 (2)
 of the Treaty.                                                 3 . The measures decided upon by the Commission
                                                                may be referred to the Council by any Member State
 4.     General rules concerning verification of entitle­       within three working days following the date of their
 ment to the aid , shall be adopted by the Council ,            communication .      The   Council   shall meet   without
 acting by a qualified majority on a proposal from the          delay and may, by a qualified majority, amend or
 Commission .                                                    repeal the said measures .
 ---pagebreak--- No L 120/4                           Official Journal of the European Communities                              1 . 5 . 74
                        TITLE III                              2.    The representative of the Commission shall
                                                               submit a draft of the measures to be taken . The
                   General provisions                          Committee shall deliver its Opinion on such measures
                                                               within a time limit to be set by the Chairman
                         Article 8                             according to the urgency of the questions under
                                                               consideration . An opinion shall be adopted by a
Save as otherwise provided in this Regulation, Articles        majority of forty-one votes .
92, 93 and 94 of the Treaty shall apply to production          3 . The Commission shall adopt measures which
of and trade in the products referred to in Article 1 .
                                                               shall apply immediately. However, if these measures
                                                               are not in accordance with the Opinion of the
                         Article 9
                                                               Committee, they shall forthwith be communicated by
Member States and the Commission shall communi­                the Commission to the Council . In that event the
cate to each other the information necessary for imple­        Commission may defer application of the measures
menting this Regulation . Rules for the communica­             which it has adopted for not more than one month
tion and distribution of such information shall be             from the date of such communication .
adopted in accordance with the procedure laid down             The Council , acting by a qualified majority, may take
in Article 12 .                                                a different decision within one month .
                        Article 10                                                     Article 13
The provisions governing the financing of the                  The Committee may consider any other question
common agricultural policy shall apply to the market           referred to it by its Chairman either on his own initia­
in the products listed in Article 1 from the date on           tive or at the request of the representative of a
which this Regulation enters into force.                       Member State .
                        A rtic e 1 1                                                   Article 14
1.    A Management Committee for Dried Fodder                  This Regulation shall be so applied that appropriate
(hereinafter called the ' Committee') shall be esta­           account is taken , at the same time, of the objectives
blished, consisting of representatives of Member States        set out in Articles 39 and 110 of the Treaty.
with a representative of the Commission as Chairman .
                                                                                       Article 15
2.    Within    the   Committee the votes of Member
States shall be weighted in accordance with Article            In the Annex to Council Regulation ( EEC) No
148 (2) of the Treaty. The Chairman shall not vote .           827/ 68 , subheading 12.10 ex B shall read as follows :
                                                                   'ex B. others, except lucerne, sainfoin , clover,
                        Article 12                                         lupins, vetches and similar forage products,
                                                                           dehydrated by artificial heat drying.'
1.    Where the procedure laid down in this Article is
to be followed, the Chairman shall refer the matter to                                 Article 16
the Committee either on his own initiative or at the
request of the representative of a Member State .              This Regulation shall enter into force on 1 May 1974.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Luxembourg, 30 April 1974.
                                                                            For the Council
                                                                             The President
                                                                                J. ERTL