++++

( 1 ) OJ N C 85 , 10 . 4 . 1978 , P . 31 .

( 2 ) OJ N C 101 , 26 . 4 . 1978 , P . 10 .

( 3 ) OJ N L 94 , 28 . 4 . 1970 , P . 13 .

( 4 ) OJ N L 295 , 30 . 12 . 1972 , P . 1 .

( 5 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .

!!COUNCIL REGULATION ( EEC ) N 1119/78

OF 22 MAY 1978

LAYING DOWN SPECIAL MEASURES FOR PEAS AND FIELD BEANS USED IN THE FEEDING OF ANIMALS

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 42 AND 43 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,

WHEREAS THE PRODUCTION OF PEAS AND FIELD BEANS INTENDED FOR ANIMAL FEED IS OF INCREASING IMPORTANCE TO THE COMMUNITY ; WHEREAS , IN ORDER TO ENCOURAGE THE DEVELOPMENT OF THIS PRODUCTION , WHICH IS SUBJECT TO DIRECT COMPETITION FROM OIL-SEED MEALS IMPORTED FREE OF DUTY FROM OUTSIDE THE COMMUNITY , IT IS NECESSARY TO PROVIDE FOR APPROPRIATE SUPPORT MEASURES ;

WHEREAS PEAS AND FIELD BEANS NEED TO BE MARKETED UNDER BALANCED CONDITIONS OF COMPETITION WITH SOYA MEAL , WHICH NEVERTHELESS PROVIDE A FAIR RETURN TO PRODUCERS ; WHEREAS THE SOYA-MEAL PRICE LEVEL WHICH ENABLES THE ABOVE OBJECTIVES TO BE ATTAINED MAY BE EXPRESSED AS AN ACTIVATING PRICE FOR THE GRANTING OF AID FOR PEAS AND FIELD BEANS ;

WHEREAS , IN VIEW OF THE RELATIONSHIP BETWEEN THE PRICE OF OIL-SEED MEALS AND THAT OF PEAS AND FIELD BEANS , A CERTAIN PERCENTAGE OF THE DIFFERENCE BETWEEN THE ACTIVATING PRICE AND THE AVERAGE PRICE OF OIL-SEED MEALS RECORDED ON THE WORLD MARKET CORRESPONDS TO THE AMOUNT OF AID WHICH IT IS NECESSARY TO GRANT IN ORDER TO ATTAIN THE ABOVEMENTIONED OBJECTIVE ;

WHEREAS IN ORDER TO FACILITATE THE APPLICATION OF THESE ARRANGEMENTS THE AID SHOULD BE GRANTED TO UNDERTAKINGS WHICH PROCESS PEAS AND FIELD BEANS ; WHEREAS , IN ORDER THAT FARMERS MAY BENEFIT FROM THE SYSTEM OF AID , THE GRANTING OF SUCH AID SHOULD BE MADE CONDITIONAL ON THE CONCLUSION WITH FARMERS OF CONTRACTS PROVIDING FOR A MINIMUM PURCHASING PRICE ;

!!WHEREAS THE TRANSITION FROM THE CURRENT ARRANGEMENTS IN MEMBER STATES TO THOSE INTRODUCED BY THIS REGULATION MUST TAKE PLACE IN THE BEST POSSIBLE MANNER ; WHEREAS TRANSITIONAL MEASURES MAY THEREFORE PROVE NECESSARY ;

WHEREAS THE EXPENDITURE INCURRED BY MEMBER STATES AS A RESULT OF THE OBLIGATIONS ARISING FROM THE APPLICATION OF THIS REGULATION WILL BE BORNE BY THE COMMUNITY , IN ACCORDANCE WITH ARTICLES 2 AND 3 OF COUNCIL REGULATION ( EEC ) N 729/70 OF 21 APRIL 1970 ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY ( 3 ) , AS LAST AMENDED BY REGULATION ( EEC ) N 2788/72 ( 4 ) ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . BEFORE 1 AUGUST EACH YEAR , FOR THE MARKETING YEAR BEGINNING THE FOLLOWING CALENDAR YEAR , AN AID ACTIVATING PRICE , HEREINAFTER TERMED " ACTIVATING PRICE " , SHALL BE FIXED FOR THE COMMUNITY IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 43 ( 2 ) OF THE TREATY IN RESPECT OF THE FOLLOWING PRODUCTS :

_ PEAS , EXCLUDING CHICK PEAS , FALLING WITHIN SUBHEADING 07.05 B I OF THE COMMON CUSTOMS TARIFF ,

_ FIELD BEANS FALLING WITHIN SUBHEADING 07.05 B III OF THE COMMON CUSTOMS TARIFF .

HOWEVER , FOR THE 1978/79 MARKETING YEAR , THIS PRICE SHALL BE FIXED BEFORE 1 JUNE 1978 .

2 . THE ACTIVATING PRICE SHALL BE FIXED FOR SOYA MEAL AT A LEVEL WHICH ENABLES THE PRODUCTS REFERRED TO IN PARAGRAPH 1 TO BE USED IN ANIMAL FEEDINGSTUFFS UNDER CONDITIONS OF NORMAL COMPETITION WITH OIL-SEED MEALS AND WHICH ENSURES A FAIR RETURN TO PRODUCERS OF PEAS AND FIELD BEANS .

3 . THE ACTIVATING PRICE SHALL APPLY THROUGHOUT THE MARKETING YEAR FOR WHICH IT IS FIXED ; THE MARKETING YEAR SHALL RUN FROM 1 JULY TO 30 JUNE .

4 . THE ACTIVATING PRICE SHALL RELATE TO A STANDARD QUALITY . THAT QUALITY SHALL BE DETERMINED BY THE COUNCIL IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN PARAGRAPH 1 .

ARTICLE 2

1 . WHEN THE AVERAGE WORLD MARKET PRICE FOR SOYA MEAL , AS DETERMINED IN ACCORDANCE WITH ARTICLE 3 , IS LOWER THAN THE ACTIVATING PRICE , AID SHALL BE GRANTED FOR PEAS AND FIELD BEANS HARVESTED IN THE COMMUNITY WHICH ARE USED IN THE MANUFACTURE OF ANIMAL FEEDINGSTUFFS . SUCH AID SHALL BE EQUAL TO 45 % OF THE DIFFERENCE BETWEEN THESE TWO PRICES .

2 . AID SHALL BE GRANTED ONLY TO MANUFACTURERS OF ANIMAL FEEDINGSTUFFS WHO :

_ SATISFY THE CONDITIONS NECESSARY TO QUALIFY FOR AID ,

_ HAVE CONCLUDED CONTRACTS WITH PRODUCERS OF PEAS AND FIELD BEANS OR OTHER NATURAL OR LEGAL PERSONS PROVIDING FOR THE PAYMENT TO SUCH PRODUCERS OF A PRICE NO LOWER THAN THE MINIMUM PRICE .

THE MINIMUM PRICE SHALL BE FIXED AT A LEVEL WHICH , ALLOWING FOR MARKET FLUCTUATIONS AND THE COST OF TRANSPORT OF THE PRODUCT FROM PRODUCER TO PROCESSOR , ENABLES PRODUCERS TO OBTAIN A FAIR RETURN .

THIS PRICE SHALL BE FIXED AT THE SAME TIME AS THE ACTIVATING PRICE AND IN ACCORDANCE WITH THE SAME PROCEDURE .

3 . AID SHALL BE PAID BY THE MEMBER STATE ON WHOSE TERRITORY THE MANUFACTURE OF THE ANIMAL FEED IN QUESTION TAKES PLACE .

4 . THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , SHALL ADOPT :

( A ) GENERAL RULES FOR THE GRANTING OF THE AID ;

( B ) DETAILED RULES FOR THE CHECKING OF ENTITLEMENT TO AID ; SUCH CHECKING MAY COVER BOTH PEAS AND FIELD BEANS HARVESTED IN THE COMMUNITY AND IMPORTS FROM THIRD COUNTRIES ; IN CONNECTION WITH THE LATTER A SECURITY MAY BE REQUIRED ;

( C ) THE CONDITIONS REFERRED TO IN PARAGRAPH 2 , FIRST INDENT .

5 . THE AMOUNT OF AID SHALL BE FIXED PERIODICALLY BY THE COMMISSION .

6 . DETAILED RULES FOR THE APPLICATION OF THIS ARTICLE , IN PARTICULAR AS REGARDS THE STANDARD CONDITIONS WITH WHICH THE CONTRACTS REFERRED TO IN PARAGRAPH 2 MUST COMPLY , SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 12 OF COUNCIL REGULATION ( EEC ) N 1117/78 OF 22 MAY 1978 ON THE COMMON ORGANIZATION OF THE MARKET IN DRIED FODDER ( 5 ) .

ARTICLE 3

THE AVERAGE WORLD MARKET PRICE FOR SOYA MEAL , CALCULATED FOR A COMMUNITY FRONTIER CROSSING-POINT AND ADJUSTED , WHERE APPROPRIATE , FOR THE STANDARD QUALITY REFERRED TO IN ARTICLE 1 , SHALL BE DETERMINED ON THE BASIS OF THE MOST FAVOURABLE PURCHASING POSSIBILITIES ON THE WORLD MARKET . THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , SHALL ADOPT THE CRITERIA ON THE BASIS OF WHICH THE WORLD MARKET PRICE IS TO BE DETERMINED .

DETAILED RULES FOR THE APPLICATION OF THIS ARTICLE SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 12 OF REGULATION ( EEC ) N 1117/78 .

ARTICLE 4

MEMBER STATES AND THE COMMISSION SHALL COMMUNICATE TO EACH OTHER THE INFORMATION NECESSARY FOR THE APPLICATION OF THIS REGULATION . THAT INFORMATION SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 12 OF REGULATION ( EEC ) N 1117/78 . THE MANNER IN WHICH SUCH INFORMATION IS TO BE COMMUNICATED AND DISTRIBUTED SHALL BE DECIDED IN ACCORDANCE WITH THE SAME PROCEDURE .

ARTICLE 5

IF TRANSITIONAL MEASURES SHOULD PROVE NECESSARY TO FACILITATE THE CHANGE FROM THE CURRENT ARRANGEMENTS IN MEMBER STATES TO THOSE PROVIDED FOR BY THIS REGULATION , SUCH MEASURES SHALL BE ADOPTED UNDER THE PROCEDURE LAID DOWN IN ARTICLE 12 OF REGULATION ( EEC ) N 1117/78 . THEY SHALL CONTINUE TO APPLY FOR AS LONG AS IS STRICTLY NECESSARY TO FACILITATE THE TRANSITION FROM ONE SET OF ARRANGEMENTS TO THE OTHER .

ARTICLE 6

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

THE SYSTEM OF AID PROVIDED FOR IN THIS REGULATION SHALL APPLY FROM 1 JULY 1978 .

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

DONE AT BRUSSELS , 22 MAY 1978 .

FOR THE COUNCIL

THE PRESIDENT

K . HEINESEN

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

Corrected by