Commission Regulation (EC) No 571/2009 of 30 June 2009 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the establishment of a quota system in relation to the production of potato starch
Commission Regulation (EC) No 571/2009of 30 June 2009laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the establishment of a quota system in relation to the production of potato starchTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)OJ L 299, 16.11.2007, p. 1., and in particular Article 85 and Article 95a(3) in conjunction with Article 4 thereof,Whereas:(1)Commission Regulation (EC) No 2236/2003 of 23 December 2003 laying down detailed rules for the application of Council Regulation (EC) No 1868/94 establishing a quota system in relation to the production of potato starchOJ L 339, 24.12.2003, p. 45. has been substantially amended several timesSee Annex II.. Since further amendments are to be made it should be recast in the interests of clarity.(2)Those further amendments are necessary after amendments of Regulation (EC) No 1234/2007 and the adoption of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulation (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003OJ L 30, 31.10.2009, p. 16..(3)In order to benefit from the Community aid under the system of quotas laid down by Regulation (EC) No 1234/2007, undertakings producing potato starch should conclude cultivation contracts with potato producers.(4)It is necessary to specify what matters should be covered by a cultivation contract between an undertaking producing potato starch and a producer so as to prevent the conclusion of contracts in excess of the undertaking’s subquota. Such undertakings should be prohibited from accepting delivery of potatoes not covered by a cultivation contract, as this would put at risk the effectiveness of the quota system and the requirement that the minimum price set out in Article 95a(2) of Regulation (EC) No 1234/2007 be paid for all potatoes intended for starch production. Nevertheless, it should be possible, where climatic reasons lead to production in the areas covered by the cultivation contract of a larger quantity of potatoes or of potatoes with a higher starch content than was originally foreseen, for an undertaking producing potato starch to accept such potatoes provided that it pays the minimum price.(5)Potatoes having a starch content of less than 13 % cannot be considered potatoes intended for the manufacture of potato starch. Potatoes with a starch content of less than 13 % should not be accepted by starch-producing undertakings. The Commission should, where climatic reasons lead to a lower starch content, and at the request of a Member State, be able to authorise the acceptance of potatoes having a starch content lower than 13 % under certain conditions.(6)Inspection measures should be introduced to ensure that only starch produced in accordance with the provisions of this Regulation gives rise to payment of the premium. In order to protect producers of potatoes intended for the production of starch, it is essential for the minimum price set out in Article 95a(2) of Regulation (EC) No 1234/2007 to be paid for all potatoes. It is therefore necessary to provide for sanctions where the minimum price has not been paid, or where starch-producing undertakings have accepted potatoes not covered by a cultivation contract.(7)Rules are necessary to ensure that potato starch produced in excess of a starch-producing undertaking’s subquota is exported without export refund, as is required by Article 84a(4) of Regulation (EC) No 1234/2007. Sanctions should be applied in the event of any breach.(8)It is necessary to specify what will happen to the subquota of starch-producing undertakings which merge, change ownership or cease trading.(9)It is necessary to enable the Member States and the Commission to control the operation of the quota system. The information to be communicated by undertakings producing potato starch to the Member State, and by the Member State to the Commission, should be specified.(10)In accordance with Part I of Annex I to Regulation (EC) No 1234/2007 potato starch is a product covered by the rules for cereals. Therefore, the same marketing year as for cereals applies to potato starch. Article 204(5) of Regulation (EC) No 1234/2007 provides that as regards potato starch, Section IIIa of Chapter III of Title I of Part II of that Regulation applies until the end of the 2011/2012 marketing year for potato starch. Therefore, this Regulation should apply until that date.(11)The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,HAS ADOPTED THIS REGULATION: