CELEX: 51994EC1868
Language: en
Date: 2006-11-29
Title: Proposal for a Council Regulation (EC) No …/… of […] establishing a quota system in relation to the production of potato starch (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM(2006) XXX

                                                                  Proposal for a

                                                          COUNCIL REGULATION (EC) No …/…

                                                                      of […]

                                    establishing a quota system in relation to the production of potato starch

                                                                (Codified version)

                                                              EXPLANATORY MEMORANDUM

1.    In the context of a people’s Europe, the Commission attaches great importance to simplifying and clarifying Community law so as to make  it
       clearer and more accessible to the ordinary citizen, thus giving him new opportunities and the chance to make use of the  specific  rights
       it gives him.

       This aim cannot be achieved so long as numerous provisions that have  been  amended  several  times,  often  quite  substantially,  remain
       scattered, so that they must be sought partly in the original instrument and partly in later amending ones.  Considerable  research  work,
       comparing many different instruments, is thus needed to identify the current rules.

       For this reason a codification of rules that have frequently been amended  is  also  essential  if  Community  law  is  to  be  clear  and
       transparent.

2.    On 1 April 1987 the Commission therefore decided[1] to instruct its staff that all legislative acts should be codified after no  more  than
       ten amendments, stressing that this is a minimum requirement and that departments should endeavour to codify at even shorter intervals the
       texts for which they are responsible, to ensure that the Community rules are clear and readily understandable.

3.    The Conclusions of the Presidency of the Edinburgh  European  Council  (December 1992)  confirmed  this[2],  stressing  the  importance  of
       codification as it offers certainty as to the law applicable to a given matter at a given time.

       Codification must be undertaken in full compliance with the normal Community legislative procedure.

       Given that no changes of substance may be made to the instruments affected by codification, the European Parliament, the Council  and  the
       Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-
       track adoption of codification instruments.

4.    The purpose of this proposal is to undertake a codification of Council Regulation (EC) No 1868/94 of 27  July  1994  establishing  a  quota
       system in relation to the production of potato starch[3]. The new Regulation will supersede the various acts incorporated in  it[4];  this
       proposal fully preserves the content of the acts being codified and hence does no more than bringing them together with only  such  formal
       amendments as are required by the codification exercise itself.

5.    The codification proposal was  drawn  up  on  the  basis  of  a  preliminary  consolidation,  in  all  official  languages,  of  Regulation
       (EC) No 1868/94 and the instruments amending it, carried out by the Office for Official Publications of the European Communities, by means
       of a data-processing system. Where the Articles have been given new numbers, the correlation between the old and the new numbers is  shown
       in a table contained in Annex III to the codified Regulation.

                                            ê 1868/94 (adapted)

                                                                  Proposal for a

                                                        COUNCIL REGULATION (EC) No […/..]

                                                                      of […]

                                    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 Ö 36 and 37 Õ thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament[5],

Having regard to the opinion of the European Economic and Social Committee[6],

Whereas:

                                            ê 

   1) Council Regulation (EC) No 1868/94 of 27 July 1994 establishing a quota system in relation to the production of potato starch[7]  has  been
      substantially amended several times[8]. In the interests of clarity and rationality the said Regulation should be codified.

                                            ê 1868/94 Recital 1 (adapted)

                                            ê 1868/94 Recital 2 (adapted)

                                            ê 1868/94 Recital 3

   2) The measure controlling production which fits best with the mechanism of premiums for the production  of  potato  starch  is  that  of  the
      introduction of a system of quotas.

                                            ê 1868/94 Recital 4 (adapted)

                                            ê 1868/94 Recital 5 (adapted)

                                            ê 1868/94 Recital 6 (adapted)

                                            ê 1868/94 Recital 7 (adapted)

                                            ê 1868/94 Recital 8 (adapted)

                                            ê 941/2005 Recital 2 (adapted)

   3) Ö It is necessary to allocate the Õ quotas to producer Member States on the basis of a report from the Commission to the Council.

                                            ê 941/2005 Recital 3

   4) Producer Member States should allocate their quotas for a period of two years among all potato starch manufacturers on  the  basis  of  the
      quotas for the 2004/2005 marketing year.

                                            ê 1868/94 Recital 9

   5) Specific structural constraints on the starch production sector make it necessary to establish a  premium  for  the  production  of  potato
      starch up to the level of an undertaking's quota. In order to protect potato producers, payment of the  premium  shall  be  dependent  upon
      payment of the minimum price of the quantity of potatoes needed to produce starch up to the level of the quota.

                                            ê 1868/94 Recital 10

   6) Undertakings producing potato starch shall not conclude cultivation contracts with potato producers in relation to a quantity  of  potatoes
      which would produce starch in excess of their quota. Any starch produced in excess of that quota  shall  be  exported  from  the  Community
      without benefiting from any export refund,

                                            ê 1868/94

HAS ADOPTED THIS REGULATION:

                                                                    Article 1

A system of quotas for the production of potato starch which may benefit from Community aid is hereby introduced.

                                            ê 941/2005 Art. 1

                                                                    Article 2

1. The potato starch producing Member States shall be allocated quotas for the 2005/2006 and 2006/2007 marketing years in accordance  with  Annex
I hereto.

2. Each producer Member State referred to in Annex I shall allocate its quota among potato starch manufacturers for  use  in  the  2005/2006  and
2006/2007 marketing years on the basis of the sub-quotas available to each manufacturer in  2004/2005,  subject  to  application  of  the  second
subparagraph.

The sub-quotas available to each manufacturer for the 2005/2006 marketing year shall be adjusted to take account of any amount used in excess  of
quota during the 2004/2005 marketing year in accordance with Article 7(2).

                                                                    Article 3

1. No later than 30 September 2006, the Commission shall present to the Council a report  on  the  allocation  of  quota  within  the  Community,
accompanied by appropriate proposals. The report shall take account of any changes in the payments to potato producers  and  of  developments  on
the potato starch and cereal starch markets.

2. No later than 31 December 2006, the Council, acting on the basis of Article 37  of  the  Treaty,  shall  decide  on  the  proposals  from  the
Commission on the basis of the report referred to in paragraph 1.

3. No later than 31 January 2007, the Member States shall notify those concerned of the detailed rules adopted for the sector.

                                            ê 2003 Act of Accession Art. 20 and Annex II, p. 357 (adapted)

                                                                    Article 4

An undertaking producing potato starch shall not conclude cultivation contracts with potato producers for a  quantity  of  potatoes  which  would
produce a quantity of starch in excess of its quota, referred to in Article 2(2) .

                                            ê 1782/2003 Art. 148 pt. 1

                                                                    Article 5

A minimum price for potatoes intended for the manufacture of potato starch shall be set at EUR 178,31 per  tonne  from  the  2004/2005  marketing
year onwards.

This price applies to the quantity of potatoes, delivered to the factory, which is needed for making one tonne of starch.

The minimum price shall be adjusted according to the starch content of the potatoes.

                                            ê 1782/2003 Art. 148 pt. 2

                                                                    Article 6

A premium of EUR 22,25 per tonne of starch produced shall be paid to undertakings producing potato starch for the quantity of  potato  starch  up
the quota limit referred to in Article 2(2), provided that they have paid to potato producers the minimum price, referred to in  Article  5,  for
all the potatoes necessary to produce starch up to that quota limit.

                                            ê 1868/94

                                                                    Article 7

                                            ê 2003 Act of Accession Art. 20 and Annex II, p. 358 (adapted)

1. Any potato starch produced in excess of the quota referred to in Article 2(2) shall be exported, as such, from the Community before 1  January
following the end of the marketing year in question.

No export refund shall be paid in respect of it.

                                            ê 1868/94
                                            è1 1863/95 Art. 2 pt. 2(b)

2. è1 Notwithstanding ç paragraph 1, an undertaking producing potato starch may, in any marketing year, in addition to its quota for  that  year,
utilize no more than 5 % of its quota relating to the following marketing year. In such case, the quota for the following  marketing  year  shall
be reduced accordingly.

                                            ê 1782/2003 Art. 148 pt. 3

                                                                    Article 8

The provisions of this Regulation shall not cover production of potato starch by undertakings which are not  subject  to  Article  2(2)  of  this
Regulation and which purchase potatoes for which producers do not benefit from the payment provided for in Article 93 of Council Regulation  (EC)
No 1782/2003 [9].

                                            ê 1868/94 (adapted)

                                                                    Article 9

Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure  laid  down  in  Article  25  of  Council
Regulation (EC) No 1784/2003[10]. They shall include, in particular, rules applicable in the case  of  mergers,  changes  of  ownership  and  the
commencement or cessation of trading of undertakings.

                                            ê 

                                                                    Article 10

Regulation (EC) No 1868/94 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance  with  the  correlation
table in Annex III.

                                            ê 1868/94 (adapted)

                                                                    Article 11

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, […]

      For the Council
      The President
      […]

                                            ê 941/2005 Annex

                                                                     ANNEX I

                                                QUOTAS FOR THE 2005/06 AND 2006/07 MARKETING YEARS

                                                                                                                                         (tonnes)

|Czech Republic                                                     |33 660                                                              |
|Denmark                                                            |168 215                                                             |
|Germany                                                            |656 298                                                             |
|Estonia                                                            |250                                                                 |
|Spain                                                              |1 943                                                               |
|France                                                             |265 354                                                             |
|Latvia                                                             |5 778                                                               |
|Lithuania                                                          |1 211                                                               |
|Netherlands                                                        |507 403                                                             |
|Austria                                                            |47 691                                                              |
|Poland                                                             |144 985                                                             |
|Slovakia                                                           |729                                                                 |
|Finland                                                            |53 178                                                              |
|Sweden                                                             |62 066                                                              |
|Total                                                              |1 948 761                                                           |

                                                                 ________________

                                            é

                                                                     ANNEX II

                                                                      Part A

                                                Repealed Regulation with its successive amendments

|Council Regulation (EC) No 1868/94                                     |                                                      |
|(OJ 197, 30.7.1994, p. 4)                                              |                                                      |
|Commission Regulation (EC) No 1664/95                            |Only Article 2(5)                                               |
|(OJ L 158, 8.7.1995, p. 13)                                      |                                                                |
|Council Regulation (EC) No 1863/95                               |Only Article 2                                                  |
|(OJ L 179, 29.7.1995, p. 1)                                      |                                                                |
|Council Regulation (EC) No 1284/98                               |                                                                |
|(OJ L 178, 23.6.1998, p. 3)                                      |                                                                |
|Council Regulation (EC) No 1252/1999                             |                                                                |
|(OJ L 160, 26.6.1999, p. 15)                                     |                                                                |
|Council Regulation (EC) No 962/2002                              |                                                                |
|(OJ L 149, 7.6.2002, p. 1)                                       |                                                                |
|Council Regulation (EC) No 1782/2003                             |Only Article 148                                                |
|(OJ L 270, 21.10.2003, p. 1)                                     |                                                                |
|Council Regulation (EC) No 941/2005                              |                                                                |
|(OJ L 159, 22.6.2005, p. 1)                                      |                                                                |

                                                                      Part B

                                                              Non-repealed amendment

2003 Act of Accession

                                                                 _______________

                                                                    ANNEX III

                                                                Correlation Table

|Regulation (EC) No 1868/94                                         |This Regulation                                                    |
|Article 1                                                          |Article 1                                                          |
|Article 2                                                          |Article 2                                                          |
|Article 3                                                          |Article 3                                                          |
|Article 4                                                          |Article 4                                                          |
|Article 4a                                                         |Article 5                                                          |
|Article 5                                                          |Article 6                                                          |
|Article 6                                                          |Article 7                                                          |
|Article 7                                                          |Article 8                                                          |
|Article 8                                                          |Article 9                                                          |
|Article 9                                                          |______                                                             |
|______                                                             |Article 10                                                         |
|Article 10                                                         |Article 11                                                         |
|Annex                                                              |Annex I                                                            |
|_______                                                            |Annex II                                                           |
|_______                                                            |Annex III                                                          |

                                                                  _____________

                                                             -----------------------
[1]   COM(87) 868 PV.
[2]   See Annex 3 to Part A of the Conclusions.
[3]   Carried out pursuant to the Communication from the Commission to the European Parliament and the  Council  –  Codification  of  the  Acquis
      communautaire, COM(2001) 645 final.
[4]   See Annex II to this proposal.
[5]   OJ C […], […], p. […].
[6]   OJ C […], […], p. […].
[7]   OJ L 197, 30.7.1994, p. 4. Regulation as last amended by Regulation (EC) No 941/2005 (OJ L 159, 22.6.2005, p. 1).
[8]   See Annex II.
[9]   OJ L 270, 21.10.2003, p. 1.
[10]  OJ L 270, 21.10.2003, p. 78.