Council Regulation (EEC) No 1853/78 of 25 July 1978 adopting general rules in connection with special measures for castor seeds

2.8.1978 EN Official Journal of the European Communities L 212/1
COUNCIL REGULATION (EEC) No 1853/78
of 25 July 1978
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 special measures in respect of castor seeds (1), and in particular Article 2 (4) and Article 3 thereof,
Having regard to the proposal from the Commission,
Whereas Article 2 (4) of Regulation (EEC) No 2874/77 requires the adoption of general rules for granting aid, detailed rules for checking entitlement to the aid and the necessary conditions which seed processing undertakings must meet in order to be entitled to aid; whereas Article 3 thereof requires that the criteria for determining the world market price be laid down;
Whereas the world market price must be determined on the basis of the most favourable purchasing possibilities on that market;
Whereas the relevant figures should be those recorded during the marketing period for Community seed for offers on the world market and prices quoted on the major international exchanges; whereas, however, those offers which cannot be considered representative of the true trend of the market should be disregarded;
Whereas, if there are no representative offers or prices for castor seed, the world market price for castor seed should be determined on the basis of the value of the products resulting from its processing; whereas if the offers and prices for castor seed on the world market might jeopardize the sale of Community-produced castor seed, the world market price should be determined on the basis of the value of the average quantities of oil and oil-cake derived from the processing of castor seed less the processing costs; whereas, if there are no offers and no prices for castor seed, oil and oilcake, the world market price for castor seed should be determined at the same level as the guide price;
Whereas, to ensure the proper operation of the aid system, the world market price must be recorded for a Community frontier crossing point; whereas in fixing this point account should be taken of the extent to which it is representative for imports of such seed and therefore the port of Rotterdam should be chosen; whereas offers and prices will have to be adjusted if they relate to a different frontier crossing point;
Whereas such adjustments should also be made to the offers and prices adopted in order to compensate for any variation from the presentation and quality criteria used when fixing the guide price;
Whereas, with an eye to the proper operation of the aid system, it should be specified that aid shall be granted for the exact quantity of castor seed harvested and processed in the Community and to undertakings whose stock accounts allow the quantity of Community processed seed to be verified if the contract between such undertakings and producers has been lodged with the competent agency in the Member State in which the seed is produced;
Whereas the right to aid is acquired at the time of processing of the seed; whereas, however, it should be specified that the aid may be advanced to the interested parties before the products are processed; whereas in order to prevent fraud it is necessary 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 seed will be processed should be required to set up the control arrangements necessary to ensure the proper operation of the aid system; whereas the control arrangements should be in particular allow checks to be made upon the observance of the minimum price referred to in Article 2 (2) of Regulation (EEC) No 2874/77 and unjustified applications for aid to be prevented; whereas for the purposes of control Member States shall assist each other;
Whereas special provision should be made for checks upon seed which is processed in a Member State other than that in which it is produced,