31974R1067

No L 120 / 2 1 . 5 . 74 Official Journal of the European Communities

REGULATION (EEC) No 1067/74 OF THE COUNCIL of 30 April 1974 on the common organization of the market in dehydrated fodder

THE COUNCIL OF THE EUROPEAN the Community should be enabled to take all neces­ COMMUNITIES , sary measures without delay so as not to leave the market without defence against disturbances which may arise due to imports or exports ; Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42 Whereas the provisions of the Treaty which allow the and 43 thereof ; assessment of aids granted by Member States and the prohibition of those which are incompatible with the Having regard to the proposal from the Commission ; common market should be made to apply to dehy­ drated fodder ; Having regard to the Opinion of the European Parlia­ Whereas , in order to facilitate implementation of the ment ; proposed measures, a procedure should be provided for establishing close cooperation between Member Having regard to the Opinion of the Economic and States and the Commission within a Management Social Committee ; Committee ;

Whereas the operation and development of the Whereas , taking account of the establishment of a common market in agricultural products must be common organization of the market in dehydrated accompanied by the establishment of a common agri­ fodder, the Annex to Council Regulation ( EEC) No cultural policy to include in particular a common 827/ 68 ( ! ) of 28 June 1968 on the common organiza­ organization of agricultural markets, which may take tion of the market in certain products listed in Annex various forms, depending on the product concerned ; II to the Treaty, as last amended by Regulation ( EEC) No 1014/ 73 (2 ), should be adopted ,

Whereas the production of dehydrated fodder is of particular importance as regards animal feeding ; whereas the situation of the market in these products HAS ADOPTED THIS REGULATION : is characterized by production which is clearly low in view of the potential outlets in the Community ; whereas appropriate measures should therefore be Article 1 taken to ensure a better supply of the Community market in proteins ; whereas this objective can be attained by granting an aid to green fodder drying A common organization of the market in dehydrated plants ; fodder shall be established and shall cover the following products : Whereas the validity of this system of aid should CCT however be limited to a period sufficient to permit its heading Description of goods effectiveness to be assessed ; No

12.10 ex B Lucerne, sainfoin , clover, lupins, vetches Whereas, to ensure that drying plants are regularly and similar forage products, dehydrated, by supplied and to enable growers to benefit from the artificial heat-drying, except hay and kale system of aid the granting of the aid should in certain forage cases be made subject to the conclusion of contracts between these growers and the aforementioned drying plants ; Article 2

Whereas the common organization of the market in The marketing year for dehydrated fodder shall begin dehydrated fodder involves the introduction of a on 1 April of each year and end on 31 March of the single trading system at the external frontiers of the following year. However, the 1974/ 75 marketing year Community ; whereas the Common Customs Tariff shall begin on 1.5 May 1974 . automatically applies from 1 January 1970 pursuant to the Treaty, and this system makes it possible to (') OJ No L 151 , 30 . 6 . 1968 , p . 16 . dispense with all other protective measures ; whereas (2 ) OJ No L 106, 20 . 4. 1973 , p . 1 .

1 . 5 . 74 No L 120 / 3 Official Journal of the European Communities

TITLE I 5 . Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 12 . Production aid

Article 5 Article 3 The system of aid provided for under this title shall 1 . Under the conditions laid down in this Title , aid apply until the end of the 1977/78 marketing year. shall be granted for the production of the dehydrated Before the end of that year, the Council , acting by a fodder referred to in Article 1 , obtained from produce qualified majority on a proposal from the Commis­ harvested within the Community. sion , shall decide whether to maintain and , if neces­ sary, alter this system . 2. The production aid shall be granted only to drying plants which : — produce dehydrated fodder meeting a minimum TITLE II quality requirement, — satisfy the requirements for establishing entitle­ Trade with third countries ment to aid , and — have concluded contracts with producers of fodder Article 6 for dehydration or dehydrate their own crops or, in the case of cooperative groups, those of their Save as otherwise provided in this Regulation or members . where derogation therefrom is decided by the Council acting by a qualified majority on a proposal from the 3 . The production shall be paid by the Member Commission , the following shall be prohibited in State in which the dehydrated fodder is produced . trade with third countries : 4. The Council, acting by a qualified majority on a — the levying of any charge having equivalent effect proposal by the Commission , shall determine : to a customs duty ; — the criteria for determining the minimum quality — the application of any quantitative restriction or requirement, measure having equivalent effect . — the conditions referred to in the second indent of paragraph 2, Article 7 — the criteria according to which the contracts 1 . If as a result of imports or exports the Commu­ referred to in paragraph 2 are to be concluded . nity market in the products listed in Article 1 experi­ 5 . Detailed rules for the application of this Article ences , or is threatened with , serious disturbances and in particular as regards the standard provisions which may endanger the objectives set out in Article with which the contracts referred to in paragraph 2 39 of the Treaty, appropriate measures may be applied in trade with third countries until such disturbance or must comply, shall be adopted in accordance with the threat of disturbance has ceased . procedure laid down in Article 12 .

The Council, acting by a qualified majority on a prop­ Article 4 osal from the Commission , shall adopt detailed rules for the application of this paragraph and define the 1 . The amount of aid shall be fixed taking into cases where and the limits within which Member account the need to improve the Community supply States may take protective measures . of dehydrated fodder. 2. If the situation referred to in paragraph 1 arises, 2 . This aid , of uniform amount throughout the the Commission shall , at the request of a Member Community, shall be fixed before 1 August each year, State or on its own initiative , decide upon the neces­ for the next marketing year. sary measures . The measures shall be communicated However, the amount of aid for the 1974/ 75 to the Member States and shall be immediately appli­ cable . If the Commission receives a request from a marketing year shall be fixed before 15 May 1974 . Member State , it shall take a decision thereon within 3 . The amount of the aid shall be fixed in accor­ twenty-four hours following receipt of the request. dance with the procedure laid down in Article 43 (2) of the Treaty . 3 . The measures decided upon by the Commission may be referred to the Council by any Member State 4 . General rules concerning verification of entitle­ within three working days following the date of their ment to the aid , shall be adopted by the Council , communication . The Council shall meet without acting by a qualified majority on a proposal from the delay and may, by a qualified majority, amend or Commission . repeal the said measures .

No L 120/4 Official Journal of the European Communities 1 . 5 . 74

TITLE III 2. The representative of the Commission shall submit a draft of the measures to be taken . The Committee shall deliver its Opinion on such measures General provisions within a time limit to be set by the Chairman according to the urgency of the questions under Article 8 consideration . An opinion shall be adopted by a Save as otherwise provided in this Regulation, Articles majority of forty-one votes . 92, 93 and 94 of the Treaty shall apply to production 3 . The Commission shall adopt measures which of and trade in the products referred to in Article 1 . shall apply immediately. However, if these measures are not in accordance with the Opinion of the Article 9 Committee , they shall forthwith be communicated by the Commission to the Council . In that event the Member States and the Commission shall communi­ Commission may defer application of the measures cate to each other the information necessary for imple­ which it has adopted for not more than one month menting this Regulation . Rules for the communica­ from the date of such communication . tion and distribution of such information shall be adopted in accordance with the procedure laid down The Council , acting by a qualified majority, may take in Article 12 . a different decision within one month .

Article10¶

The provisions governing the financing of the The Committee may consider any other question common agricultural policy shall apply to the market referred to it by its Chairman either on his own initia­ in the products listed in Article 1 from the date on tive or at the request of the representative of a Member State . which this Regulation enters into force.

A rtic e 1 1 Article 14

1 . A Management Committee for Dried Fodder This Regulation shall be so applied that appropriate (hereinafter called the ' Committee') shall be esta­ account is taken , at the same time, of the objectives blished, consisting of representatives of Member States set out in Articles 39 and 110 of the Treaty . with a representative of the Commission as Chairman . Article 15 2 . Within the Committee the votes of Member States shall be weighted in accordance with Article In the Annex to Council Regulation ( EEC) No 148 (2) of the Treaty . The Chairman shall not vote . 827/ 68 , subheading 12.10 ex B shall read as follows : ' ex B. others , except lucerne , sainfoin , clover, Article 12 lupins, vetches and similar forage products , dehydrated by artificial heat drying.' 1 . Where the procedure laid down in this Article is to be followed, the Chairman shall refer the matter to Article 16 the Committee either on his own initiative or at the request of the representative of a Member State . This Regulation shall enter into force on 1 May 1974.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Luxembourg, 30 April 1974 .

For the Council

The President

J. ERTL