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( 1 ) OJ NO 172 , 30 . 9 . 1966 , P . 3025/66 .

( 2 ) OJ NO L 303 , 28 . 11 . 1977 , P . 1 .

( 3 ) OJ NO L 222 , 2 . 10 . 1971 , P . 2 .

COUNCIL REGULATION ( EEC ) NO 851/78

OF 24 APRIL 1978

AMENDING REGULATION ( EEC ) NO 2114/71 ON THE SUBSIDY FOR OIL SEEDS

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION NO 136/66/EEC OF 22 SEPTEMBER 1966 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2560/77 ( 2 ), AND IN PARTICULAR ARTICLE 27 ( 3 ) THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS THE THE SCIENTIFIC COMMITTEE FOR FOOD RECOMMENDED IN ITS OPINION ON COLZA AND RAPE SEED OIL THAT , WHERE THIS OIL IS USED IN FOOD , PREFERENCE SHOULD BE GIVEN TO VARIETIES OF OIL HAVING A LOW ERUCIC ACID CONTENT ;

WHEREAS MOST COMMUNITY PRODUCERS ALREADY USE SEED OF LOW ERUCIC ACID CONTENT FOR THEIR CROPS ; WHEREAS , TO ENCOURAGE THEM TO PURSUE THIS CONVERSION MEASURE , COUNCIL REGULATION ( EEC ) NO 2114/71 OF 28 SEPTEMBER 1971 ON THE SUBSIDY FOR OIL SEEDS ( 3 ) SHOULD BE AMENDED TO RESTRICT THE GRANT OF THE SUBSIDY , IN THE CASE OF PRODUCTION INTENDED FOR USE IN FOOD , TO SEED THE ERUCIC ACID CONTENT OF WHICH DOES NOT EXCEED A CERTAIN LIMIT ;

WHEREAS , ON THE OTHER HAND , THE SUBSIDY SHOULD ONLY BE GRANTED FOR SEED WITH A HIGH ERUCIC ACID CONTENT WHEN IT IS INTENDED FOR NON-FOOD USES ;

WHEREAS THIS REGULATION SHOULD BE LIMITED IN ITS APPLICATION TO SUCH A PERIOD AS TO PERMIT AN ASSESSMENT OF ITS EFFECTIVENESS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE FOLLOWING PARAGRAPH SHALL BE ADDED TO ARTICLE 1 OF REGULATION ( EEC ) NO 2114/71 :

' IN THE CASE OF COLZA AND RAPE SEEDS , THE SUBSIDY SHALL BE GRANTED ONLY FOR SEEDS THE OIL OF WHICH :

- HAS AN ERUCIC ACID CONTENT , CALCULATED ON THE TOTAL LEVEL OF ITS FATTY ACIDS IN THE FAT COMPONENT , NOT EXCEEDING A PERCENTAGE TO BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 38 OF REGULATION NO 136/66/EEC , OR

- IS INTENDED FOR NON-FOOD USES IN THE COMMUNITY , TO BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN THE FIRST INDENT . '

ARTICLE 2

ARTICLE 10 OF REGULATION ( EEC ) NO 2114/71 SHALL BE REPLACED BY THE FOLLOWING :

' ARTICLE 10

1 . ENTITLEMENT TO THE SUBSIDY SHALL BE ACQUIRED :

( A ) IN THE CASE OF COLZA AND RAPE SEEDS THE OIL OF WHICH HAS AN ERUCIC ACID CONTENT , CALCULATED ON THE TOTAL LEVEL OF FATTY ACIDS IN THE FAT COMPONENT , NOT EXCEEDING THE PERCENTAGE REFERRED TO IN ARTICLE 1 , AND IN THE CASE OF SUNFLOWER SEEDS , WHEN THE ABOVEMENTIONED SEEDS ARE PROCESSED FOR THE PRODUCTION OF OIL ;

( B ) IN THE CASE OF COLZA AND RAPE SEEDS OTHER THAN THOSE REFERRED TO IN ( A ) INTENDED FOR NON-FOOD USES , WHEN THE OIL FROM THESE SEEDS HAS REACHED ITS INTENDED DESTINATION .

2 . THE SUBSIDY SHALL BE PAID TO THE HOLDER OF THE CERTIFICATE , REFERRED TO IN ARTICLE 4 , IN THE MEMBER STATE IN WHICH THE SEEDS ARE PLACED UNDER CONTROL :

- IN THE CASE OF THE SEEDS REFERRED TO IN PARAGRAPH 1 ( A ), WHEN PROOF OF PROCESSING IS FURNISHED ;

- IN THE CASE OF THE SEEDS REFERRED TO IN PARAGRAPH 1 ( B ), WHEN THE PROOF IS FURNISHED THAT THE OIL HAS REACHED ITS INTENDED DESTINATION .

HOWEVER , THE SUBSIDY MAY BE PAID IN ADVANCE AS SOON AS THE SEEDS HAVE BEEN PLACED UNDER CONTROL , ON CONDITION THAT A GUARANTEE FOR THEIR PROCESSING IS GIVEN . '

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL APPLY FROM 1 JULY 1979 TO 30 JUNE 1982 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT LUXEMBOURG , 24 APRIL 1978 .

FOR THE COUNCIL

THE PRESIDENT

P . DALSAGER