31978R1526

1 . 7 . 78 No L 179/ 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

COMMISSION REGULATION ( EEC) No 1526/ 78 of 30 June 1978 laying down detailed rules for the application of the special measures for peas and field beans used in the feeding of animals

THE COMMISSION OF THE EUROPEAN Whereas Article 1 1 of Council Regulation ( EEC) No COMMUNITIES, 1418 /78 of 19 June 1978 laying down general rules regarding the special measures for peas and field beans used in animal feed (2 ), provides that the Having regard to the Treaty establishing the European producer Member States are to make random on-farm Economic Community, checks to determine that the areas indicated in the declarations are accurate ; whereas, in order to be effec­ Having regard to Council Regulation ( EEC) No tive, this check must cover a representative number of 1 1 19/78 of 22 May 1978 laying down special measures declarations ; for peas and field beans used in the feeding of animals ('), and in particular Article 2 (6), the second subparagraph of Article 3 and Article 5 thereof, Whereas, it is necessary to specify the information which Member States must give each other to identify areas on which peas and field beans used in a Member Whereas, in view of the normal fluctuations of world State other than the producing State have been market prices, the average world market price for soya grown ; cakes should be determined at least once a month ;

Whereas provision should be made for adjusting offers Whereas Article 12 of Regulation ( EEC) No 1418 / 78 provides that Member States are to check the delivery and quotations to compensate for any differences in presentation , quality, conditions and place of delivery of products to feedingstuffs manufacturers and their use ; whereas , to ensure the effectiveness of such compared with the product for which the average checks, the term ' feedingstuffs manufacturer' should world market price must be fixed ; be defined and the checking procedure laid down ;

Whereas the information which needs to be included in the declarations of areas shown in order to identify Whereas the stock records of the manufacturers those areas, should be specified ; whereas, however, it should be used as a basis for this check ; is not possible to require such a declaration for areas which have already been sown ; Whereas , in order to facilitate the marketing of peas and field beans , the amount of aid applicable should Whereas Article 2 of Regulation ( EEC) No 1119 / 78 be that in force on the day when the feedingstuffs provides that the standard conditions which contracts manufacturers ask the competent agency to check the concluded by feedingstuffs manufacturers must products at the factory ; contain are to be determined ;

Whereas, in order to facilitate checks on entitlement Whereas, to ensure the efficient functioning of the aid to aid , the contract must show the quantity in respect system , provision should be made for the Member of which it is concluded or the area on which the States to issue a certificate stating the quantity entitled product concerned has been sown , together with the to aid and the amount thereof ; whereas , for adminis­ price paid or to be paid to the farmer ; whereas, for trative reasons, provision should be made for the peas the same reason , provision should be made for and field beans to be incorporated in feedingstuffs lodging the contracts before a certain date ; within a certain period ;

(>) OJ No L 142, 30 . 5 . 1978 , p. 8 . (-) O ) No L 171 , 28 . 6 . 1978 , p. 5 .

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Whereas, in order to ensure the uniform application concludes a contract with a producer meeting the of the aid system, the method of payment should be conditions laid down in the second indent of defined ; Article 2 (2) of Regulation (EEC) No 1119/78 ; 4. 'contract' shall mean a contract between a feeding­ Whereas it is necessary to specify the minimum stuffs manufacturer and a producer or a buyer, in frequency with which the aid should be fixed ; which the manufacturer agrees to take, and the whereas it appears sufficient to apply aid once a other party to supply, peas and field beans which month ; are of sound, genuine and merchantable quality :

Whereas the system at present in force in France — to be harvested on a given area, or provides for payment by the manufacturer of a — if the contract is concluded with a buyer, the minimum price slightly lower than that fixed in corresponding quantity stated therein . Council Regulation (EEC) No 1120/78 of 22 May 1978 (') ; whereas it appears fair to derogate from the latter minimum price in respect of products delivered under contracts concluded before the entry into force of the Community system ; World price

Whereas, if Community aid were fixed at a lower level than national aid, abolition of that aid would be preju­ dicial to manufacturers who had concluded contracts Article 2 before the entry into force of the Community system ; 1 . The average world price for soya cakes shall be Whereas France should be authorized, subject to determined once a month . However, if the market situ­ certain conditions, to retain its national aid for the ation changes significantly, it shall be changed as 1978/79 marketing year ; necessary .

Whereas, in view of the delay to the starting date of It shall be fixed per 100 kilograms and shall be equal the 1978/79 marketing year, the implementation at to the arithmetical average of the offers and quota­ that date of the system provided for in this Regulation tions recorded during the five working days preceding could meet with certain difficulties ; whereas, to over­ the day of determination . come those problems, the Member States should be authorized to take, for a limited period, measures dero­ gating from those provided for in this Regulation ; 2. The Commission shall take account only of the most favourable offers and quotations for deliveries within 30 days following the date on which they are Whereas the measures provided for in this Regulation recorded . are in accordance with the opinion of the Manage­ ment Committee for Dried Fodder,

Article J

HAS ADOPTED THIS REGULATION : 1 . Where the offers and quotations used relate to :

(a) products presented otherwise than in bulk, they Article 1 shall be adjusted by deducting the additional value resulting from that presentation ; For the purposes of this Regulation : (b) a quality other than the standard quality for whch the target price was fixed, they shall be adjusted 1 . 'feedingstuffs manufacturer' shall mean any under­ on the basis of the coefficient shown in the taking possessing the necessary equipment for Annex ; milling peas and field beans and for incorporating them in feedingstuffs ; (c) products delivered c . and f., they shall be increased by 0-2 % to take insurance costs into account ; 2. 'producer' shall mean any natural or legal person growing peas or field beans for use in the manufac­ (d) products delivered cif to a frontier crossing point ture of feedingstuffs ; other than Rotterdam , they shall be adjusted on the basis of transport and insurance costs ; 3. 'buyers' shall mean any natural or legal person other than the feedingstuffs manufacturer who (e) a product delivered cif Rotterdam, they shall be increased by 0-325 unit of account to take (') OJ No L 142, 30. 5. 1978, p. 11 . unloading and forwarding costs into account ;

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(f) products delivered fas, fob or otherwise, they shall agency appointed for this purpose in the Member be increased, as appropriate , by loading, transport State where the peas and field beans will be used for and insurance costs from the point of shipment or the manufacture of feedingstuffs at least 60 days loading to the frontier crossing point. before the day on which the peas and field beans are delivered to him . Member States may determine the 2. For the purposes of applying paragraph 1 , the minimum area and/or the minimum quantity for Commission shall only take account of the lowest which the contract may be lodged . loading, transport and insurance costs. 2. However, where peas and field beans are deliv­ ered to the manufacturer : Article 4 — in July 1978, the contract shall be lodged by the Where Article 2 of Regulation (EEC) No 1418/78 day on which the products are so delivered, applies, the most favourable offers and quotations shall be taken into account : — in August and September 1978 , the contract shall be lodged at least one week before the day' on — for soya cakes in bulk, obtained by the processing which the products are so delivered . of soya seed in the Community and delivered to Rotterdam , Article 7 — for other oil cakes offered on the world market, adjusted as appropriate to take into account the difference between their value and the value of Every contract shall include : soya cakes. (a) the names, forenames, addresses and signatures of the contracting parties ; (b) the date of signature ; Declaration and contract (c) except in the case of products harvested up to 3 October 1978 , the control number of the declara­ Article 5 tion referred to in Article 5 ; (d) the place to which the harvested product is to be 1 . The declaration referred to in Article 4 of delivered ; Council Regulation (EEC) No 1418 /78 shall be lodged (e) the quantity of peas and field beans covered by the with the agency appointed for this purpose by the contract, or, in the absence thereof, the area, in Member State where the product has been sown hectares and ares , where the crop covered by the before a date to be determined by the Member State concerned . This date shall be fixed in relation to the contract will be harvested ; period during which the check referred to in Article (f) where the contract is between the manufacturer 11 ( 1 ) of the said Regulation took place in the and the producer, the price to be paid to the Member State concerned . producer per unit of weight ; 2 . The declaration shall include : (g) where the contract is between the manufacturer and a buyer, a statement that the producer has — the name , forenames and address of the person received at least the minimum price given in the making the declaration , second indent of Article 2 (2) of Regulation ( EEC) No 1119 / 78 . — the areas sown with peas or field beans for use as animal feed, expressed in hectares and ares , — the number in the land register of the areas sown , Artide 8 or an indication recognized as equivalent by the agency responsible for the check . 1 . The producer shall be paid for sound , genuine and merchantable goods of the quality specified in 3 . The competent agency shall give a control Article 8 of Regulation ( EEC) No 1418 / 78 , loaded into number to each declaration and shall inform the the purchaser's vehicle at the farm gate . producer concerned . 2. The selling price shall be reduced or increased 4. By way of derogation from paragraph 1 , no decla­ by 1 % for each point of moisture and/or impurity ration shall be required for peas and field beans harv­ ested before 31 October 1978 . content above or below the quality referred to in para­ graph 1 . If, however, the water content exceeds 18 % , or if the amount of inert matter exceeds 1-5 % , or the Article 6 impurity content, including the inert matter, exceeds 5 % , the reductions applying for the rates exceeding 1 . The contract shall be concluded in writing and the above percentages shall be agreed between the lodged by the feedingstuffs manufacturer with the contracting parties .

No L 179 /4 1 . 7 . 78 Official Journal of the European Communities

3 . By way of derogation from paragraph 2, and in 'The check showed that the area indicated in the contract is correct' the case of contracts lodged up to 31 July 1978 , any reduction or increase shall be agreed between the or contracting parties. 'The check showed that the area indicated in the contract is . . . hectares'.

Control measures 3 . In order to permit the verifications referred to in paragraph 2 to be effected, each Member State shall Article 9 inform the Commission of the names and addresses of the authorities appointed to implement the special 1 . The agency appointed for this purpose in the measures for peas and field beans used in the feeding of animals . The Commission shall inform the other Member State where the contract is lodged shall check that the contract satisfies all the conditions laid down Member States . in Articles 1 , 6, 7 and 8 , and in particular that the minimum price is observed. Article 11 2. If the contract has been signed with a buyer, the competent agency shall require the submission of a 1 . For the purposes of this Article and the copy of the contract between the buyer and the following Articles, 'premises' shall mean : producer, in order to check that the contract lodged corresponds to the contract in question, particularly as (a) any building or other place within the precincts of regards the observance of the minimum price. an establishment manufacturing feedingstuffs, and (b) if the products concerned cannot be stored in Article 10 those precincts, any building situated outside them which is sufficiently secure for the purposes of 1 . The random checks on the areas indicated in the controlling the stored products and which has declarations referred to in Article 5 shall cover at least been approved in advance by the agency respon­ 5 % of the declarations lodged. sible for control .

2. For the purposes of Article 1 1 (2) of Regulation 2. The determination of " the weight and the (EEC) No 1418/78, the competent agency of the sampling referred to in Article 8 (2) of Regulation Member State where the contract is lodged shall (EEC) No 1418 /78 shall be carried out on entry into communicate the control number of the declaration the premises where the peas and field beans are to be given on the contract to the competent agency of the used . Member State where the peas and field beans were grown . The competent agency shall verify : The latter Member State shall verify : — if the contract refers to a quantity, that the quan­ — whether a declaration bearing the same control tity supplied does not exceed by more than 5 % number has in fact been lodged, the quantity indicated in the contract, — whether another contract has already been lodged — if the contract refers to areas, that the quantity concerning the same declaration, supplied corresponds to the quantity which can be — whether the areas indicated in the declaration have produced on the area indicated. been the subject of the check referred to in para­ graph 1 , If the quantity supplied exceeds the percentage speci­ fied in the first indent, or does not correspond to that and shall inform the former Member State of the which can be produced on the area indicated, the results of this verification using one of the folowing competent agency shall grant aid only in respect of phrases : the quantity referred to in the two abovementioned indents. The weight of the peas and field beans shall (a) 'The declaration was made in respect of the be expressed in kilograms and adjusted in accordance following areas : . . . hectares' ; with the method defined in the Annex . (b) There is no declaration bearing the stated control number' ; 3 . The taking of samples, the reduction of labora­ (c) 'Another contract has already been lodged in tory samples to samples for analysis and the determi­ respect of this declaration'. nation of the moisture content and impurities shall be carried out by a uniform method for the whole In case (a), one of the following statements shall be Community. However, until a Community method is added if a random check has been made in respect of adopted, the Member States may continue to use the areas : methods of their choice .

1 . 7 . 78 No L 179 / 5 Official Journal of the European Communities

Article12¶

Except in cases of force majeure, peas and field beans Article 16 whose entry into the premises has been verified pursuant to Article 1 1 may not leave those premises The aid granted shall be that applying on the day on until they have been processed . which the application referred to in Article 5 (b) of Regulation ( EEC) No 1418 /78 is lodged . Article 13

Article 17 The checks referred to in Article 12 of Regulation ( EEC) No 1418 /78 shall be such as to establish that 1 . After verifying the application referred to in the quantity of peas and field beans which entered the Article 5 (b) of Regulation (EEC) No 1418/78 , the premises is the same as the quantity milled and actu­ competent agency shall issue an aid certificate ally incorporated in feedingstuffs . showing : For the purposes of these checks, the manufacturer — the quantity of peas and field beans entitled to aid shall keep separate accounts for peas and field beans pursuant to Article 11 , harvested in the Community and imported peas and field beans, which shall include details of : — the amount of aid granted .

— the quantities which have entered the manufac­ 2 . The certificate shall be made out in at least two turer's premises, specifying the net weight of the copies, of which one is issued to the applicant and the product as received, and for products harvested in second kept by the issuing agency. the Community the moisture content and the impurities content ; 3 . Issue of this certificate shall give entitlement to an advance of the aid referred to in Article 7 of Regu­ — movements of products between the buildings or lation ( EEC) No 1418 /78 , provided that adequate other places referred to in Article 11 ( 1 ) (a) and guarantees are given .. buildings referred to in Article 11 ( 1 ) (b) ; — the quantities of peas and field beans used in the 4. Except in cases of force majeure, the certificate manufacture of feedingstuffs, the quantities of shall carry with it the obligation to incorporate the feedingstuffs produced and the quantities which quantity indicated in the certificate in feedingstuffs left the manufacturer's premises. within 270 days of its date of issue .

The obligation shall be considered to be fulfilled Article 14 when the processed quantity, determined in accor­ dance with the method set out in the Annex, is no 1 . The application referred to in Article 5 (b) of more than 2 % less than the quantity indicated . Regulation ( EEC) No 1418 /78 shall be submitted by the manufacturer at the earliest when the products This quantity shall refer to a product with moisture referred to in Article 1 1 of this Regulation enter his and impurity contents corresponding to those in premises, and in any case before they are incorporated respect of which aid is fixed . into feedingstuffs . This application shall be made in writing.

Aid 2. The application shall be equivalent to an applica­ tion for aid . Article 18 Article 15 1 . Aid shall be granted only for peas and field 1 . The application referred to in Article 5 (b) of beans which are of sound, genuine and merchantable Regulation (EEC) No 1418 /78 may be made only in quality . respect of one or more lots. ' Lots' shall mean a 2. Aid shall be paid out on presentation of the specific quantity of peas and field beans, to which a number is given at the time of entry into the manufac­ certificate and after attestation by the agency respon­ turer's premises and in respect of which an analysis is sible for control that the seeds specified in the certifi­ carried out in accordance with Article 1 1 . cate were processed during the period referred to in Article 17 (4). 2. This application shall give at least the following information : Aid shall be paid out within 120 days of the presenta­ tion of the certificate . If the total quantity is not — surname, forenames and address of the applicant, processed within the period referred to in Article 17 — the quantity of peas and field beans in respect of (4), aid shall be paid pro rata in respect of the quanti­ which the application is made , ties which have been so processed .

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Article 19 The amount of aid referred to above may not, however, exceed the difference between the amount 1 . Aid shall be fixed once a month and in such a valid on 1 July 1978 resulting from application of the way as to ensure its application from the first day of national system and the aid referred to in Article 2 of the month following the date on which it is fixed. Regulation (EEC) No 1119/78 . However, if the market situation changes significantly, it shall be changed as often as necessary. Article 21 2 . The Commission shall communicate to the Member States the amount of aid to be granted per 1 . If at the start of the 1978/79 marketing year the 100 kilograms of products, as soon as it is fixed, and implementation of the aid system provided for in this in any case before the date from which it is to be Regulation meets with serious difficulties, Member applied. States may, for the period 1 to 31 July 1978, derogate from the measures provided for in this Regulation Article 20 with the object of ensuring that only those products 1 . In the case of contracts concluded in France that qualify for aid benefit from it. before 1 July 1978 , and lodged there until 31 August 1978 , the price payable to the producer shall be not 2. When paragraph 1 is applied, the Member States less than that provided for by the system in force in in question shall forthwith inform the Commission of France before 1 July 1978 . the measures taken by them.

2. Until 30 June 1979, the French Republic is auth­ Article 22 orized to retain the national system of aid for peas and field beans harvested on its territory and used in the feeding of animals. This Regulation shall enter into force on 1 July 1978 .

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

Done at Brussels, 30 June 1978 .

For the Commission Finn GUNDELACH Vice-President

1 . 7 . 78 No L 179/7 Official Journal of the European Communities

ANNEX A

Method of calculating the weight of peas and field beans

100 — (i + h) X q = X 100 — (i ) + hi ) I = impurity of peas and field beans the weight of which is to be determined h = moisture of peas and field beans the weight of which is to be determined ii = impurities of the quality for which the aid is fixed hi = moisture q = quantity of the products as received, expressed in kg, the weight of which is to be determined X = weight of the products expressed in kg Note : Only the first two decimal places shall be taken into consideration for the moisture and impurities content .

ANNEX B

Coefficients of equivalence for the different qualities of soya meal

Soya meal having a Coefficients of equivalence protein content of Percentage to be deducted from the price

46 to 48 % — 0-560 49 to 50 % — 1-120