CELEX: 51978PC0295
Language: en
Date: 1978-06-29
Title: Proposal for a COUNCIL REGULATION (EEC) adopting general rules in connection with special measures for castor seeds (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 295
Vol. 1978/0107
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                        *               ,
                                                           COM(78)295 final.
                                                           Brussels . 29 June 197o .
                               Proposal for a
                          COUNCIL REGULATION (EEC )
             adopting general rules in connection with special
                        - measures for castor seeds
                  ( submitted to the Council "by- the Commission )
COM ( 78 ) 295 final .
 ---pagebreak---                    '   EXPLANATORY MEMORANDUM
                                                             i
                                               »         J   »*
The purpose of this draft proposal is to lay down , according to Article 2 ( 4)
and 3 of Council Regulation ( EEC ) No 2874/ 77 :    .     ^
- general rules for granting the aid, '
- detailed rules for checking entitlement to the aid,
- conditions for the oil "mills to meet for entitlement to the aid,
- criteria for determining the world market price .                   -
                              '                  - κ              - *
The criteria for determining the world market price are based those already
existing for other oilseeds .
As for granting the aid, the amount shall be that of the aid applicable the day
                                           1           *
of placing under control and the entitlement to aid is the moment of processing .
The possibility of advance payment of the aid is provided for . In order to
have the entitlement to aid the processing undertakings must lodge the standard
contract with the producer and submit' themselves to the controls for determining
the quantities having entitlement to aid ..
A control is provided for in both the agricultural and the seed-processing
sectors .                           •                           '
 ---pagebreak---                                    Proposal for a
                               REGULATION ( EEC )
  adopting general rules in connection with special measures for castor seeds                 ^ .
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,
                                                                                                • •
  Having regard to the Treaty establishing the European Economic Community/
  Having regard to Council Regulation ( EEC ) No 2874/ 77 of 19 December 1977 laying down
  specia.l measures , in respect of castor seeds^J and in particular Articles 2(4) and 3 .
 t hereof , .
  Having regard to. the proposal, from the Comrission,                                      '      '
 'whereas Article 2 ( 4) of Regulation ( EEC ) No , 2874/77 requires the adoption of general rules
   for granting, the aid, detailed rules for checking entitlement to the aid and the conditions
 . laid down for entitlement to the aid to be met by the seed processing undertakings and
   whereas Article 3 thereof requires the criteria for determining the world market price
   to be laid down;                               " ,        '                   -
  Whereas the world market price must be determined on the basis of the most favourable
-.purchasing possibilities on that market ;
  Whereas relevant figures should be t.hose recorded during the marketing period for
  Community seeds for offers on the world marketPpr ices quoted on the major international
  exchanges ; whereas , hdwever ; those offers which cannot be considered representative on •
  the true trerjd.of the true trend of the market should be ignored;
                                         r                                             •
  Whereas , if there are no representative offers or quotations for castor seeds , the world
  market price for castor seed should be determined on the value of the products resulting
  from the processing of this seed ; whereas where the offers or quotations for castor seeds
  on the world market would prejudice the sale of the Community production of castor seeds
  the world market price should be determined on the value of the average quantities of
  oil and oil-cake derived from the processing of castor seecfc less the processing costs ;
  Whereas , if there are no offers or quotations either for castor seeds , or for oil and
  oilcakes the world market price for castor seeds should be determined at the same level
  as the guide price ;
  < 1 ) OJ No L 332 , 24 . 12 . 1977,* p. 1
 ---pagebreak--- Whereas , to ensure the smooth cunning of the subsidy system, the. world market price
must be recorded Tor a Community frontier crossing point ; whereas in' fixing this point
account should be taken of the extentto which it is representative for imports of
such , seeds and therefore^the port of Rotterdam should be chosen; whereas offers and
quotations will have to be adjusted if . they relate to a different frontier crossing -
  ■»                                                                              *      m
point ;
Whereas such adjustments should also be made to the offers and quotations adopted io
order to compensate for any variation from the presentation and quality used as criteri
when fixing the guide price ;
Whereas , in view of the smooth running of the subsidy system it should be specified ,
that the aid should be granted for the exact quantity of castor seeds harvested and
processed in the Community and to undertakings which have lodged the contract concluded
with the producers and whose stock accounts allow the quantity of Community processed
seed to be verified;           .                          '
Whereas the right to aid is acquired when the seeds have been processed; whereas ,
however, it should be specified that the aid may be advanced . to the interested parties
before the products are processed; whereas , in ocder to prevent fraud it is necessary
                                              ■ r
to specify that a guarantee must be given to ensure the processing of the products
for which the aid is paid;
Whereas the producer Member States and the Member States in which the .seeds will be
processed should be required to set up the control arrangements necessary to ensure
the smooth running of the subsidy system that the control, arrangements should in parti­
cular allots to check the observance of the minimum price referred to in Article 2 ( Z) •
of Regulation ( EEC ) No 2874/ 77 and to avoid injustified applications fpr aid; whereas
for the purpose of the Control Member States shall assist eact) other ;             '
Whereas special provisions should be made to check seeds which are processed in a
Member State other than that In which they are processed,
HAS ADOPTED THIS REGULATION :                                 '
 ---pagebreak---                                  I.      WORLD PRICE .
                                        Article 1
1 . Te world market price for castor seeds shall be determined in accordance with the
           . ■                                                       _„<!>
     orocedure laid down in Article 38 of -Regulation No 136 / 66 / EEC     .                      –
2 . During the most representative period for the sale of seeds of Community origin this
     price shall |»« determined periodically ^                       : r.
   . The Last price determined during the said period shall be used for fixfhg the subsidy, to
     be applied for the remainder of the marketing year .
3 . In determining the world market price account shall only be taken of the offers madp
     on the world market for delivery during the period referred to in paragraph 2 and the
     prices quoted for delivery during the same period on the main international trade
     markets .
4 . The world market price shall be determined on the basis of the 'actual most favOCrable
                                                                                           f     *
     purchasing possibilities disregarding offers and prices which cannot be considered as
     representative of the actual market tfend .
                                   Article 2
 Where no offer and no pr-j CR - can be used to determine the world market price of castor
 seeds, the price shall be'determined on the b?sis of the offers and prices             for the
 oil and oilcakes from castrobeans on the world or Community markets . For that purpose
 account shall be taken of the value of the average quantities of oil and oilcake obtai­
 ned in the Community through processing 100 kilograms of castor seeds less an amount
  representing the cost of processing the seed into oil and oilcake .
                                                                       -                        •
                                   Article 3      ■_
               t             „    ■ ■ i    – i* ■                                     -
 Where no offer or price t can be used to determine the world market
 price for castor seeds and further , where it is impossible to establish the value
 of the'oi Icake. or oi I "processed from such seeds , the' world market price shall be equal
  to the guide price for castor seeds ,                     '                      ' _ ■
                                   Article 4
 The world market price shall be determined for Seeds in bulk delivered to Rotterdam
 of the standard quality in respect of which the guide price was fixed .
 Where, the offers and prices do not fulfil the conditions set out above the necessary
 adjustments shall be made .          '      .
                                II .      AID
                                   Article 5                   ' '•
 The aid provided for in Article 2 of Regulation ( EEC ) No 2874/ 77 shall be granted under
 the conditions set out in that Article for castor seeds harvested and processed in the
 Community with a view to the production of « il .       » .     "        '     . _
~                     0J No 172/ 30.9.1966/ p.3025 /66
 ---pagebreak---                                    Article 6
1 . Aid shall be granted only to undertakings processing castor seeds
     ( a) which, not later than a date to be fixed            have lodged a contract that satisfies
            the conditions referred to , in Article 2 (2) of Regulation ( EEC) No" 2874/ 77
            and those to be laid down in accordance with paragraph 5 of the same Article with
       _ the agency designated for .that purpose by the: Member State in which the seed will '
            be processed;        .       '                                             ,          •" •
     ( b ) which have requested the competent authority to take the castor seeds under
            control at the oil mill ;      /            .                      -
     < c)*which, with a view to checking entitlement to the aid,
            - keep separate stock accounts for seed harvested within and outside the Community ,
              which show, at least , the quantities and the quality of the castor seeds taken
              1n by them, their date of entry and the quantity of oil produced and dspatched;
            - furnish , where appropriate , any other supporting documents necessary to check
              entitlement to the aid.                                       #.                »
2 * Where                     the seed is produced in a Member State other than that in which
   < it will be processed, aid shall be granted only to oilmills which' have - '         lodged,
     before             a date to be fixed, a copy of the contract with the agency desi­
     gnated by the Member State in which the . seed is produced, and also have submitted
     td the agency designated by the Member State in which the seed will be processed
     the certificate reft red to in Article 10 ( 3) .                                       ■   '
                                   Article 7                           .
The amount of the aid shall be that valid on the day on which the interested party
requests the Member State concerned to take the seeds under control at the oilmill where
they are to be processed .
                                   Article 8   .
Entitlement to "the aid arises at the time of processing the seeds with a view to the
production of oil . The aid- may , however , be pa.id in advance when the product has been :
put under control at the oilmill , providedthat a guarantee is lodged against their "
processing .         \                                        v •
          '        * .             Article 9                      . *>  v •
1 . Tha weight of the seeds referred to in Article 5 shall" be determined and samples
     taken,      '            . on arrival       . at the oilmill where they are to be processed.
 ---pagebreak--- 2 . The amount of the aid shall be calculated on the basis of the weight , this being
    adjusted in accordance with such differences as may exist between the percentages
    of moisture and of impurities recorded and the percentages
    applying to the standard quality for which the guide price is fixed .
                                      III . - CONTROL                    ,     .  .   '   .                '
                                       Article 10                                                           •
1 . The producer Member States shall check that the contract fulfils the conditions
    laid down .
                                                                                            * H    .
2 . The producer Member State shall make randdm on site_checJcs to determine that the
    areas indicated in the contracts lodged are correct .
3 . When applying the provisions of Article 6 ( 2 ), the producer Member State shall forward,
    not later than a date to be fixed , ■'          to the party concerned, a certificate of con­
    formity of the contract with the conditions laid down                  also , where appropriate , of
    the accuracy of the information concerning the areas sown .
A. The Member Stete in which the seeds referred to in Article 1 are processed shall
    check the entry and processing of ttese seeds at the oilmill in order to ensure that
                                                     •   ι
  . the aid is granted only in resoect of seeds .qualifying for it .
5 . Each Member State shaOl xommunicate '                                            . to the . Commission ,
    before their entry into force , the provisions which it is adopting in order to "
    ensure that the check provided for in paragraph ( A) is made .                                   '
                             - ' ' • Article 11                                         ^       .
             .%•        -  «        .                      ^                        - r-
Member States shall assist each other in applying this Regulation .
                          v            Article 12
This Regulation shall enter into force on the third day following its publication in
the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicablein all
                 ♦                                     x                                          i
Member States .
Done at               »                                      For the Council