16.3.2006 EN Official Journal of the European Union L 79/12
COMMISSION REGULATION (EC) No 432/2006
of 15 March 2006
amending Regulation (EC) No 382/2005 laying down detailed rules for the application of Council Regulation (EC) No 1786/2003 on the common organisation of the market in dried fodder
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1786/2003 of 29 September 2003 on the common organisation of the market in dried fodder (1), and in particular Article 20 thereof,
Having regard to Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (2), and in particular the second subparagraph of Article 71(2) thereof,
Whereas:
(1) Experience gained from the implementation of Commission Regulation (EC) No 382/2005 (3) has shown that the wording of the third subparagraph of Article 9 of that Regulation should be made more precise.
(2) Given that the aid referred to in the second subparagraph of Article 71(2) of Regulation (EC) No 1782/2003 is calculated on the basis of quantities which are potentially eligible for the aid provided for in Article 4 of Regulation (EC) No 1786/2003 for the current marketing year, and that, in accordance with Article 34 of Regulation (EC) No 382/2005, a certain proportion of the dried fodder which has left the undertakings during the 2005/06 marketing year has already been entered in the accounts for the 2004/05 marketing year, the aid for the 2005/06 marketing year would be fixed on the basis of quantities which would not be representative of actual production in the 2005/06 marketing year. Transitional measures should therefore be laid down for stocks held on 31 March 2006. To avoid any discrimination between operators, these measures should apply to all Member States. Provision should be made for the notification of the stocks benefiting from these measures.
(3) The reference to the ceilings set out in point D of Annex VII to Regulation (EC) No 1782/2003 should be replaced by a reference to the ceilings set out in Annex IV to Commission Regulation (EC) No 118/2005 of 26 January 2005 modifying Annex VIII to Council Regulation (EC) No 1782/2003 and establishing budgetary ceilings for partial or optional implementation of the Single Payment Scheme and annual financial envelopes for Single Area Payment Scheme provided for in that Regulation (4).
(4) A number of improvements should be made to Annex I to Regulation (EC) No 382/2005 in order to obtain a useful overview of energy consumption.
(5) Regulation (EC) No 382/2005 should therefore be amended accordingly.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Joint Management Committee for Cereals and Direct Payments,
Regulation (EC) No 382/2005 is amended as follows:
1. the third subparagraph of Article 9 is replaced by the following:
2. Article 33(1) is amended as follows:
(a) the following sentence is added to the first subparagraph:
(b) the following sentences are added to the second subparagraph:
3. The following Article 34a is added:
(a) complies with the terms of Article 3 of this Regulation;
(b) leaves the processing undertaking under the supervision of the competent authority under the conditions laid down in Article 10 and 11 of this Regulation;
(c) is entered in the accounts in the context of the national guaranteed quantities allocated to the Member States concerned for the 2005/06 marketing year;
(d) has been declared and certified during the 2005/06 marketing year.
4. Article 35 is replaced by the following:
5. Annex I is replaced by the text in the Annex to this Regulation.
This Regulation shall enter into force on the third day following 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.