CELEX: 31997R1794
Language: en
Date: 1997-09-17 00:00:00
Title: Commission Regulation (EC) No 1794/97 of 17 September 1997 amending for the fourth time Regulation (EC) No 785/95 laying down detailed rules for the application of Council Regulation (EC) No 603/95 on the common organization of the market in dried fodder

L 255/ 12            EN                Official Journal of the European Communities                                   18 . 9 . 97
                                     COMMISSION REGULATION (EC) No 1794/97
                                                     of 17 September 1997
                  amending for the fourth time Regulation (EC) No 785/95 laying down detailed
                  rules for the application of Council Regulation (EC) No 603/95 on the common
                                       organization of the market in dried fodder
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      Whereas, in view of the new deadlines provided for above,
                                                                   the deadlines referred to in Article 8 (4) and (5) of Regula­
                                                                  tion (EC) No 785/95 should no longer be deemed to be
 Having regard to the Treaty establishing the European            strict; whereas, as a result, the second subparagraph of
 Community,
                                                                  Article 8 (5) should be deleted;
                                                                  Whereas the Management Committee for Dried Fodder
                                                                  has not delivered an opinion within the time limit set by
 Having regard to Council Regulation (EC) No 603/95 of            its chairman,
 21 February 1995 on the common organisation of the
 market in dried fodder ('), as last amended by Regulation
 (EC) No 1347/95 (2), and in particular Article 18 thereof,
                                                                  HAS ADOPTED THIS REGULATION :
 Whereas Article 8 of Commission Regulation (EC) No
 785/95 laying down detailed rules for the application of
 Council Regulation (EC) No 603/95 on the common                                            Article 1
 organization of the market in dried fodder (3), as last
 amended by Regulation (EC) No 629/97 (4), provides that
 the contracts and delivery declarations for the raw ma­          Article 8 of Regulation (EC) No 785/95 is hereby
                                                                  amended as follows :
 terials supplied to the processing undertakings are to be
 drawn up not later than 14 September following the
 beginning of the marketing year in question and that the          1 . The second subparagraph of paragraph 5 is deleted.
 processing undertakings are to submit to the competent
 authority a copy of those contracts and delivery declara­        2. The following paragraph 6 is added:
 tions not later than 15 September following the begin­
 ning of the marketing year in question;                               '6. Without prejudice to paragraphs 4 and 5, the
                                                                       contracts and delivery declarations may be drawn up
                                                                       until 28 November and be submitted to the competent
Whereas those provisions, dictated by a concern to enable              authority until 30 November following the beginning
 the competent authorities of the Member States to make                of the marketing year in question . The competent
checks to satisfy themselves that the parcels from which               authority can in no case accept the said documents
                                                                       after that date .
the raw materials originate are eligible, have proved to be
too restrictive, in particular where weather conditions                In that case their execution for the purposes of the
enable the products in question to be processed after the              processing of the raw materials concerned may not
aforementioned dates;
                                                                       take place until the competent authority, after having
                                                                       verified that the parcel or parcels indicated in the
                                                                       aforementioned contracts and/or delivery declarations
Whereas, as a result, provision should be made for the                 are not included in the aid accounting under other
possibility for undertakings to draw up and submit the                 Community aid schemes, and after having consulted
contracts and delivery declarations until 28 and 30                    the database provided for in Article 2 of Regulation
November of each marketing year respectively; whereas,                 (EEC) No 3508/92 Q, as last amended by Regulation
since the cross-checks provided for in the integrated                  (EC) No 820/97 ("), shall confirm in writing to the
administration and control system as regards the eligibil­             processing undertaking its formal agreement to execu­
ity of parcels are to be applied from 15 September, ac­                tion of the contracts or delivery declarations.
ceptance by the competent authorities of contracts and
delivery declarations submitted after that date should be               0 OJ L 355, 5 . 12. 1992, p. 1 .
made subject to ad hoc checks carried out by those au­                 O OJ L 117, 7. 5. 1997, p. 1 .'
thorities in order to establish the eligibility of the parcels
of origin indicated;                                                                        Article 2
(') OJ L 63, 21 . 3. 1995, p. 1 .                                 This Regulation shall enter into force on the third day
(2) OJ L 131 , 15. 6. 1995, p. 1 .                                following its publication in the Official Journal of the
0 OJ L 79, 7. 4. 1995, p. 5.
 4 OJ L 96, 11 . 4. 1997, p. 4.                                   European Communities.
 ---pagebreak--- 18 . 9 . 97     EN             Official Journal of the European Communities                        L 255/ 13
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 17 September 1997.
                                                                   For the Commission
                                                                     Franz FISCHLER
                                                               Member of the Commission