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( 1 ) OJ NO C 85 , 8 . 4 . 1980 , P . 11 .

( 2 ) OPINION DELIVERED ON 26 MARCH 1980 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).

( 3 ) OJ NO L 142 , 30 . 5 . 1978 , P . 8 .

COUNCIL REGULATION ( EEC ) NO 1459/80

OF 9 JUNE 1980

AMENDING REGULATION ( EEC ) NO 1119/78 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 REGULATION ( EEC ) NO 1119/78 ( 3 ) PROVIDES FOR THE GRANTING OF AID FOR PEAS AND FIELD BEANS HARVESTED IN THE COMMUNITY AND USED IN THE MANUFACTURE OF ANIMAL FEEDINGSTUFFS ;

WHEREAS IT HAS BECOME APPARENT THAT CERTAIN UNDERTAKINGS USE THE ABOVEMENTIONED PRODUCTS FOR THE EXTRACTION OF A PROTEIN CONCENTRATE INTENDED FOR HUMAN CONSUMPTION ; WHEREAS THE OTHER PRODUCTS OBTAINED IN THIS EXTRACTION PROCESS , WHICH REPRESENT THE MAJOR PART OF THE QUANTITY EMPLOYED , ARE INTENDED FOR USE IN ANIMAL FEEDINGSTUFFS ; WHEREAS THE AID SHOULD ALSO BE GRANTED TO THESE UNDERTAKINGS IN PROPORTION TO THE QUANTITIES OF PEAS AND FIELD BEANS INTENDED FOR THE MANUFACTURE OF ANIMAL FEEDINGSTUFFS , ON CONDITION THAT THE PRODUCTS IN QUESTION HAVE A CERTAIN PROTEIN CONTENT ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

ARTICLE 2 ( 2 ) OF REGULATION ( EEC ) NO 1119/78 SHALL BE REPLACED BY THE FOLLOWING :

' 2 . AID SHALL BE GRANTED ONLY TO MANUFACTURERS OF ANIMAL FEEDINGSTUFFS AND TO UNDERTAKINGS WHICH EXTRACT PROTEIN CONCENTRATE WHICH :

- SATISFY THE CONDITIONS NECESSARY TO QUALIFY FOR AID ,

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

THIS MINIMUM PRICE SHALL BE FIXED AT A LEVEL WHICH , ALLOWING FOR MARKET FLUCTUATIONS AND THE COST OF TRANSPORTING THE PRODUCTS IN QUESTION FROM THE PRODUCER TO THE PROCESSOR , WILL ENABLE 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 .

IN THE CASE OF UNDERTAKINGS EXTRACTING PROTEIN CONCENTRATE , THE ABOVEMENTIONED AID SHALL BE GRANTED ONLY TO A PREDETERMINED PROPORTION OF THE QUANTITIES OF BY-PRODUCTS DERIVING FROM THE MANUFACTURE OF PROTEIN CONCENTRATES INTENDED FOR USE IN ANIMAL FEEDINGSTUFFS , PROVIDED THAT THE PROTEIN CONTENT OF THE BY-PRODUCTS IS AT LEAST EQUAL TO A MINIMUM TO BE DETERMINED . '

ARTICLE 2

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

IT SHALL APPLY TO PEAS AND FIELD BEANS EMPLOYED AS FROM 1 JULY 1980 .

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

DONE AT LUXEMBOURG , 9 JUNE 1980 .

FOR THE COUNCIL

THE PRESIDENT

F . FOSCHI