Commission Regulation (EEC) No 275/80 of 6 February 1980 amending for the fourth time Regulation (EEC) No 3075/78 laying down detailed rules for the application of the special measures for peas and field beans used in the feeding of animals

COMMISSION REGULATION (EEC) No 275/80  of 6 February 1980  amending for the fourth time Regulation (EEC) No 3075/78 laying down detailed rules for the application of the special measures for peas and field beans used in the feeding of animals
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1119/78 of 22 May 1978 laying down special measures for peas and field beans used in the feeding of animals (1), and in particular Article 2 (6) thereof,
Whereas Article 10 (1) (c) of Commission Regulation (EEC) No 3075/78 (2), as last amended by Regulation (EEC) No 1954/79 (3), lays down that the competent agencies shall check that the price stated in the contracts concluded with producers is at least equal to the minimum price ; whereas, pending Community rules with regard to the date to be used for the purpose of determining the conversion rate to be applied to the minimum price, that date has been fixed by the rules applying in each Member State ; whereas, in the interests of a uniform application of the system, a single date should be fixed and should be made to coincide with the date of the beginning of the marketing year;
Whereas Article 4 (2) of Council Regulation (EEC) No 1134/68 of 30 July 1968 laying down rules for the implementation of Regulation (EEC) No 653/68 on conditions for alterations to the value of the unit of account used for the common agricultural policy (4) provides that, in the case of transactions carried out pursuant to provisions of the common agricultural policy, the sums owed by a Member State or a duly authorized body, expressed in national currency and representing amounts fixed in units of account, are to be paid on the basis of the relationship between the unit of account and the national currency which obtained at the time when the transaction or part-transaction was carried out;
Whereas Article 6 of Regulation (EEC) No 1134/68 provides that the time when a transaction is carried out is to be considered the date on which occurs the event, as defined by Community rules or, in the absence of and pending adoption of such rules, by the rules of the Member State concerned, in which the amount involved in the transaction becomes due and payable;
Whereas Council Regulation (EEC) No 1418/78 (5), as amended by Regulation (EEC) No 1212/79 (6), provides that the event providing entitlement to the aid for peas and field beans occurs at the moment when those products are used in the manufacture of animal feedingstuffs ; whereas it is, however, very difficult to ascertain the exact date on which a given lot is used ; whereas, therefore, in order to ensure uniform application of the system of aid for those products, the conversion rate in force on the day on which the contract is submitted by the manufacturer of animal feedingstuffs should be used for the purposes of calculating the amount of that aid in national currency;
Whereas the amount of the aid to be granted to the manufacturer of animal feedingstuffs is that valid on the day on which he lodges his contract with the responsible agency ; whereas taking commercial practices into account, the possibility should be provided for of announcing by telex or telegram the lodging of the contract;
Whereas Article 18 (4) of Regulation (EEC) No 3075/78 provides that the total quantity of peas and field beans stated on the certificate must be used in order to qualify for the system of aid ; whereas this provision should be made more flexible by amending Article 19 (2) of that Regulation so as to take better account of the technical difficulties involved;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Dried Fodder,