CELEX: 51978PC0261
Language: en
Date: 1978-06-09
Title: Proposal for a COUNCIL REGULATION (EEC) adopting general rules in connection with the special measures for peas and field beans used in the feeding of animals (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 261
Vol. 1978/0099
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- 0 M M ! 5 ^ f 0 N OF THE EUROPEAN COMAAU N HIES
                                                  COM(78)261 final.
                                                  Brussels , 9 June 1978
                             Proposal for a
                        COUNCIL REGULATION (EEC )
 adopting general rules in connection with the special measures for
          peas and field "beans used in the feeding of animals
             ( submitted to the Council "by the Commission ;
 C0M(78 ) 261 final .
 ---pagebreak---                        EXPLANATORY MEMORANDUM
In its Regiilation (EEC ) No         the Council laid down special measures
for peas and field "beans used In the feeding of animals .
It was specified in the Regulation that the Council would adopt g
- criteria for the determination of the world market price ?
- general rules for the granting- of the aid 5
- detailed rules for the checking of entitlement to aid .
The purpose of this - Regulation is to adopt these provisions .
 ---pagebreak---                                Proposal for a
                          COUNCIL REGULATION (EEC )
adopting general rules in connection with the special measures for peas and
field beans used in the feeding of animals
TEE COUNCIL OP THE EUROPEAN COMMUNITIES f
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation (EEC ) No 1119/?8 of 22 May 1978 laying
                                                                                1
down special measures for peas and field beans used in the feeding of animals ,
and in particular Articles 2(4 ) and 3 thereof ,
Having regard to the proposal from the Commission ,
Whereas Article 3 of Regulation (SEC ) No 1119/78 provides that the average world
market price for soya meal shall be determined ; whereas it must be determined
on the basis of the most favourable purchasing possibilities on the world market ;
whereas to this end the Commission should take into consideration all offers
made on the world market which are known to it and all prices quoted on these
exchanges which are important for international trade ; whereas , however, it
should disregard certain offers if it considers they are not representative of .
the one market trend ;
Whereas , in the absence of. offers or quotations which can be used as a basis for
determining the world market price , this price should be determined from offers
and quotations for soya meal resulting from soya beans processed in the
Community ;
Whereas the market price must b<? calculated for a determined standard quality ;
Whereas when the frontier crossing-point is being fixed account should be taken
of the extent to which this point is representative for the importation end
processing of seeds ; whereas , therefore , the port of Rotterdam should be selected
as the Community frontier crossing–point ; whereas offers and quotations must be
adjusted if they are made for another frontier crossing-point ;
Whereas Article 2(4) of Regulation (EEC ) No 1119/78 requires that general rules
be adopted for the grant ing of the aid and detailed rules for the checking of
 entitlement to aid ;
 Whereas in order to facilitate the checking of entitlement to aid , it should be
 laid down that producers shall submit a declaration concerning the areas sown to
 peas and field beans; whereas for the same purpose it is necessary to provide that
 the contract conoluded by the manufacturer of feedingstuffs should refer to the
 declaration concerning the sowing of the products concerned , and should be
 submitted before the produots are put under control at the factory?
 1 0J No L 142 , 30.5.1978, P» 8.
 ---pagebreak--- Whereas , in order to pi-evsat unjustified applications for aid from 'being made ,
 it should be specified tfc •" t the aid may "be granted only to processing
 undertakings which are able to give proof that they have used the peas and field
beans in reopact of which they are applying for aid ;
 Whereas the entitlement to aid is acquired -when the peas and field "beans have
"been used in feedingstuffs ; whereas , however , precision should "be made for
 the aid to be advanced to the interested parties before the products are used
 in feedingstuffs ; whereas , however , in order to prevent fraud , provision must
also be made that a guarantee be given to ensure the use of the products for
which the aid is paid ;
Whereas the amount of the aid must be calculated on the basis of a standard
quality , account being taken of weight variations resulting from the moisture
and impurity content of the products to be processed ;
Whereas special provisions should be made to check peas and field beans which
are used in a Member State other than that in which they were harvested ;
Whereas provision should be made for cooperation between Member States and the
Commission in checking entitlement to aid ;
HAS ADOPTED THIS REGULATION :
 ---pagebreak---                                  I WORLD PRICE
                                     Article 1
1 « The Commission sha.ll from time "to tune determine "the average world market
    price for soya meal .
2 . The Commission shall , in determining this price , take account of all world
    market offers and of the quotations on exchanges which are important for
    international trade .
                                  <r
3 . The Commission shall determine this price on the "basis of the most favourable
    actual purchase possibilities , disregarding offers and quotations which
    cannot "be considered representative of the true market trend .
                                     Article 2
Where no offer or quotation can be used for determining the world market price
of soya meal , the price shall be determined from offers and quotations for
soya meal obtained from soya beans processed in the Community .
                                     Article 3
The Commission shall determine the average world market price for soya meal in
bulk , of the standard quality for which Hhe activating price for aid referred
to in Article 1 of Regulation (EEC ) Uo 1119/78 has been set , delivered at
Rotterdam .
The Commission shall make the necessary adjustments for offers and quotations
for products differing from the above «
                               II AID
                                   Article 4
Any producer who has sown an area to peas and field beans which are intended for
the manufacture of feedingstuffs shall submit , before a date to be fixed , a
declaration containing all details necessary to identify the areas concerned ,
to the agency designated for that purpose by the Member State in which the
product has been sown .
                                   Article 5
Aid shall Ids granted only to those undertakings producing feedingstuffs %
a) which , before a date to be fixed , have submitted to the agency designated
    for that purpose by the Member State in which the peas and field beans are to
    be used in feedingstuffs , a contract s
 ---pagebreak---                                        - 4 -
     – referring to quantities of peas and field "beans produced on am area in
        respect of which the declaration referred to in Article 4 has "been
        submitted ;
     – satisfying the condition set out in the second indent of Article 2(2 ) of
       Regulation (EEC ) No 1119/73 aaid the conditions to he laid down under
       Article 2(6 ) thereof;
"b ) which have requested the competent authority to take over control in the
     undertaking producing feedingstuffs the products covered "by the contract ;
 c ) which , in order that their entitlement to aid may "be checked ,
     – keep stock accounts showing at least , in separate account s for peas and
       field beans harvested inside and outside the Community , the quantities
       and the quality of peas and field "beans entering such undertakings ,
       together with the date of entry and the quantities of feedingstuffs
        containing peas and field "beans produced , and also the quantities which
       have left the said undertaking , and
     – furnish , where necessary , any other supporting documents necessary for
        checking their entitlement to aid .
                                       Article 6
The aid shall be paid at the rate applying on the day on which the Member State
 concerned takes over the control of the peas and field beans in the undertaking * ~
producing feedingstuffs where they are to be used in production of feedingstuffs .
                                       Article 7
Entitlement to the aid shall be acquired when the peas and field beans are used
in feedingstuffs .
The aid may , however , be paid in advance as soon as the products concerned have
been taken under control at the undertaking , provided that a guarantee is lodged
against their use in the production of feedingstuffs .
                                       Article 8
1 . The aid shall be fixed for peas and field beans having 14 % moisture content
     and 2 $ impurities. •
 2 . The weighing and sampling of the peas and field beans shall take place at the
     time when the products concerned enter the undertaking producing feedingstuffs.
 3 . The amount of the aid shall be calculated on the basis of the weight adjusted
     in accordance with any differences between the recorded percentages of moisture
     and impurities and those laid down for the standard type .
 ---pagebreak---                                         - 5 -
                                III CONTROL MEASURES
                                    Article 9
The Member State m which the contract is lodged shall check that it satisfied
the conditions referred to in Article 5(a).
                                    Article 10
Where the contract lodged by the feedingstuffs manufacturer has "been made with
persons other than the producer of the peas and field beans , the competent
agency shall require the production of any supporting documents necessary for
making the checks referred to in Article 9 *
                                     Article 11
1 . The producer Member States shall make random on–farm checks to determine that
     the areas indicated in the declarations submitted under Article 4 are
     accurately described.
2 . Where the contract submitted by the manufacturer indicate that the peas or
     field beans were produced in a Member State other than that in which they
     are to be used in feedingstuffs , the agency designated by the Member State
     where the contract is lodged shall communicate to the agency designated by
     the Member State where the peas or field beans were produced , all the
     information necessary to identify the areas of production of the peas and field
     beans covered by the contract .
     The latter Member State shall forthwith inform the former whether the areas
      in question have been the subject of the declaration referred to in Article 4
      and , where appropriate , communicate the results of the checks referred to ii
     paragraph 1 .                                             .,
                                     Article 12
 Member States shall check the entry into the undertaking producing feedingstu. .3
 of the peas and field beans covered by the contract and their use , in order to
 ensure that aid is given only for peas and field beans which are entitled thereto .
 If necessary , provision may be made for other checks on the products concerned
 before they enter the undertaking.
                                     Article 13
 1 . Member States shall communicate to the other Member States and to the Commif-ior
      before their entry into force , all provisions adopted to iinplement the oh
      provided for in this Regulation.
 2. Member States shall assist each other in the application of this Regulation.
 ---pagebreak---                                      Article 14-
xhis Regulation sh&l'. .inter into force on the day following its publication
xn the Official Jour. aJ ti' the European Communities ,
        This Regulation shall "be binding in its entirety and directly
        applicable in all Member States,
Done at                                         For the Council