Council Regulation (EC) No 1786/2003 of 29 September 2003 on the common organisation of the market in dried fodder
Modified by
Council Regulation (EC) No 583/2004of 22 March 2004amending Regulations (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, (EC) No 1786/2003 on the common organisation of the market in dried fodder and (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union, 304R0583, March 30, 2004
Council Regulation (EC) No 456/2006of 20 March 2006correcting Regulation (EC) No 1786/2003 on the common organisation of the market in dried fodder, 306R0456, March 21, 2006
Corrected by
Corrigendum to Council Regulation (EC) No 1786/2003 of 29 September 2003 on the common organisation of the market in dried fodder, 303R1786R(01), March 31, 2004
Council Regulation (EC) No 1786/2003of 29 September 2003on the common organisation of the market in dried fodderTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 36 and the third subparagraph of Article 37(2) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European ParliamentOpinion delivered on 5 June 2003 (not yet published in the Official Journal).,Having regard to the opinion of the European Economic and Social CommitteeOJ C 208, 3.9.2003, p. 41.,Having regard to the Opinion of the Committee of the RegionsOpinion delivered on 2 July 2003 (not yet published in the Official Journal).,Whereas:(1)Council Regulation (EC) No 603/95 of 21 February 1995 of the common organisation of the market in dried fodderOJ L 63, 21.3.1995, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1). establishes a common organisation of that market with aid granted at two flat rates, one for dehydrated fodder and one for sun-dried fodder.(2)Regulation (EC) No 603/95 has been substantially amended several times. As a consequence of further amendments it should be repealed and replaced in the interests of clarity.(3)The main part of fodder production under the scheme established by Regulation (EC) No 603/95 relies on the use of fossil fuel for dehydrating and, in some Member States, on the use of irrigation. Due to concerns about its effects on the environment, the scheme should be amended.(4)Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing support schemes for farmersSee page 1 of this Official Journal..(5)Following these elements, the two aid rates set by Regulation (EC) No 603/95 should be reduced to a single rate applicable to both dehydrated and sun-dried fodder.(6)Since production in southern countries begins in April, the marketing year for dried fodder on which aid is granted should be from 1 April to 31 March.(7)To guarantee budget neutrality for dried fodder there should be a ceiling for the volume of Community production. To that end a maximum guaranteed quantity should be set covering both dehydrated and sun-dried fodder.(8)That quantity should be divided among the Member States on the basis of the historical quantities recognised for the purposes of Regulation (EC) No 603/95.(9)To secure respect for the guaranteed maximum quantity and discourage excess production throughout the Community, the aid should be reduced if that quantity is exceeded. That reduction should be applied in each Member State which has exceeded its guaranteed national quantity, in proportion to the excess recorded for it.(10)The aid amount finally due cannot be paid until it is known whether the guaranteed maximum quantity has been exceeded. An advance on the aid should therefore be paid once the dried fodder has left the processor.(11)Minimum quality requirements for entitlement to the aid should be set.(12)To encourage a steady flow of green fodder to processors, eligibility for the aid should in certain cases require conclusion of a contract between producers and processing undertakings.(13)To promote transparency of the production chain and facilitate essential checking, certain particulars in contracts should be made compulsory.(14)To receive the aid, processors should therefore be required to keep stock records providing necessary information for checking entitlement and to furnish any other supporting document needed.(15)Where there is no contract between the producers and the processing undertakings, the latter should have to provide other information allowing entitlement to be checked.(16)It should be ensured that, where a contract is a special-order one for processing of fodder delivered by the grower, the aid is passed back to him.(17)The proper working of a single market in dried fodder would be jeopardised by the granting of national aid. Therefore, the provisions of the Treaty governing State aid should apply to the products covered by this common market organisation.(18)In view of simplification, the committee assisting the Commission should be the Management Committee for Cereals.(19)The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the CommissionOJ L 184, 17.7.1999, p. 23..(20)The internal market and the custom duties could, in exceptional circumstances, prove inadequate, In such cases, so as not to leave the Community market without defence against disturbances that might ensue, the Community should be able to take all necessary measures without delay. All such measures should be in conformity with the Community's international obligations.(21)In order to take account of possible evolution of the dried fodder production, the Commission should, on the basis of an evaluation of the common market organisation for dried fodder, present a report to the Council on the sector dealing in particular with the development of areas of leguminous and other green fodder, the production of dried fodder and the savings of fossil fuels achieved. The report should be accompanied, if needed, by appropriate proposals.(22)Expenditure incurred by the Member States as a result of the obligations arising from the application of this Regulation should be financed by the Community in accordance with Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policyOJ L 160, 26.6.1999, p. 103..(23)Due to the application of the single payment scheme from 1 January 2005, this scheme should apply from 1 April 2005,HAS ADOPTED THIS REGULATION: