Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products
Modified by
Commission Regulation (EEC) No 1181/87 of 29 April 1987, 387R1181, April 30, 1987
Commission Regulation (EEC) No 3745/89 of 13 December 1989, 389R3745, December 14, 1989
Commission Regulation (EC) No 3403/93 of 10 December 1993, 393R3403, December 14, 1993
Council Regulation (EC) No 1103/97of 17 June 1997on certain provisions relating to the introduction of the euro, 397R1103, June 19, 1997
Commission Regulation (EC) No 1932/1999of 9 September 1999amending Regulation (EEC) No 2220/85 laying down common detailed rules for the application of the system of securities for agricultural products, 399R1932, September 10, 1999
Commission Regulation (EC) No 673/2004of 13 April 2004amending Regulation (EEC) No 2220/85 laying down common detailed rules for the application of the system of securities for agricultural products, 304R0673, April 14, 2004
Commission Regulation (EC) No 1713/2006of 20 November 2006abolishing the prefinancing of export refunds in respect of agricultural products, 306R1713, November 21, 2006
Commission Regulation (EC) No 1913/2006of 20 December 2006laying down detailed rules for the application of the agrimonetary system for the euro in agriculture and amending certain regulations, 306R1913, December 21, 2006
Commission Regulation (EEC) No 2220/85of 22 July 1985laying down common detailed rules for the application of the system of securities for agricultural productsTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community,Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cerealsOJ No L 281, 1. 11. 1975, p. 1., as last amended by Regulation (EEC) No 1018/84OJ No L 107, 19. 4. 1984, p. 1., and in particular Articles 7 (5), 8 (4), 12 (2), 15 (3) and (5) and 16 (6) thereof, and the corresponding provisions of the other Regulations on the common organization of the market in respect of agricultural products, and also to other provisions in the Regulations on the common organization of markets which, when applied in practice, provide for a security;Having regard to Council Regulation (EEC) No 525/77 of 14 March 1977 establishing a system of production aid for tinned pineappleOJ No L 73, 21. 3. 1977, p. 46., as last amended by Regulation (EEC) No 1699/85OJ No L 163, 22. 6. 1985, p. 12., and in particular Article 8 thereof,Having regard to Council Regulation (EEC) No 1079/77 of 17 May 1977 on a co-responsibility levy and on measures for expanding the markets in milk and milk productsOJ No L 131, 26. 5. 1977, p. 6., as last amended by Regulation (EEC) No 1302/85OJ No L 137, 27. 5. 1985, p. 9., and in particular Article 3 thereof,Having regard to Council Regulation (EEC) No 2169/81 of 27 July 1981 laying down the general rules for the system of aid for cottonOJ No L 211, 31. 7. 1981, p. 2., as last amended by Regulation (EEC) No 1462/84OJ No L 142, 29. 5. 1984, p. 1., and in particular Article 5 (3) thereof,Having regard to Council Regulation (EEC) No 1431/82 of 18 May 1982 laying down special measures for peas, field beans and sweet lupinsOJ No L 162, 12. 6. 1982, p. 28., as last amended by Regulation (EEC) No 1485/85OJ No L 151, 10. 6. 1985, p. 7., and in particular Article 3 (5) thereof,Having regard to Council Regulation (EEC) No 1677/85 of 11 June 1985 on monetary compensatory amounts in agricultureOJ No L 164, 24. 6. 1985, p. 6., and in particular Article 12 thereof,Whereas numerous provisions in Community agricultural Regulations require that a security be given to ensure payment of a sum due if an obligation is not met; whereas, however, experience has shown that this requirement is in practice interpreted in widely differing fashions; whereas, therefore, in order to avoid unequal competitive conditions, the requirement should be more fully defined;Whereas, in particular, the form of the security should be defined;Whereas many provisions in Community agricultural Regulations provide that the security given is forfeited if any obligation secured is breached, without making any distinction between breaches of fundamental and of secondary or subordinate obligations; whereas in the interests of equity a distinction should be drawn between the consequences of breaching a fundamental obligation and the consequences of breaching a secondary or subordinate one; whereas, in particular, provision should be made, where permissible, for forfeiture of only a part of the security where the fundamental obligation is in fact met but the deadline set for meeting it has been slightly exceeded, or when a secondary or subordinate obligation is not met;Whereas no distinction between the consequences of failure to meet an obligation should be made based on whether or not an advance payment has been received; whereas, accordingly, securities given against advances are covered by separate rules;Whereas the costs of lodging a security, incurred by both the party giving the security and the competent authority, may be out of proportion to the sum whose payment the security guarantees if that sum is below a certain limit; whereas competent authorities must therefore have the right to waive the requirement of a security for payment of a sum below that limit; whereas, further, a competent authority should be empowered to waive the requirement of a security where the nature of the person required to meet the obligations makes that requirement unnecessary;Whereas a competent authority should have the right to refuse a security offered where it considers it to be unsatisfactory,Whereas a time limit for furnishing the evidence needed for the release of a sum secured should be laid down where no such time limit is laid down elsewhere;Whereas, in connection with the representative rate to be used for converting a sum secured expressed in ECU into national currency, the operative event referred to in Article 5 of Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and the conversion rates to be applied for the purpose of the common agricultural policyOJ No L 164 of 24. 6. 1985, p. 1., should be defined;Whereas the procedure to be followed once a security is forfeited should be laid down,Whereas the Commission should be enabled to monitor the implementation of the provisions on securities,Whereas this Regulation lays down the rules to apply generally to all sectors and all products, unless Community legislation specific to the sector lays down different rules; whereas the specific rules laid down for each sector will continue to apply until such time as they are cancelled or amended,Whereas the measures provided for in this Regulation are in accordance with the opinions of all the relevant, Management Committees,HAS ADOPTED THIS REGULATION: