31981R1202

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( 1 ) OJ NO 172 , 30 . 9 . 1966 , P . 3025/66 .

( 2 ) OJ NO L 133 , 10 . 6 . 1972 , P . 1 .

( 3 ) OJ NO L 2 , 1 . 1 . 1981 , P . 14 .

( 4 ) OJ NO L 222 , 2 . 10 . 1971 , P . 2 .

( 5 ) OJ NO L 116 , 28 . 4 . 1978 , P . 4 .

COMMISSION REGULATION ( EEC ) NO 1202/81

OF 5 MAY 1981

AMENDING REGULATION ( EEC ) NO 1204/72 LAYING DOWN DETAILED RULES FOR THE

APPLICATION OF THE SUBSIDY SYSTEM FOR OILSEEDS

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION NO 136/66/EEC OF 22 SEPTEMBER 1966 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS ( 1 ), AS LAST AMENDED BY THE ACT OF ACCESSION OF GREECE , AND IN PARTICULAR ARTICLE 27 ( 5 ) THEREOF ,

WHEREAS ARTICLE 6 OF REGULATION ( EEC ) NO 1204/72 ( 2 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 22/81 ( 3 ), DEFINES THE LOT USED AS A BASIS FOR THE ANALYSIS TO BE CARRIED OUT ACCORDING TO THE TERMS OF ARTICLE 33 OF THE SAID REGULATION ; WHEREAS , FOR ADMINISTRATIVE SIMPLICITY , IT SHOULD BE REQUIRED THAT THE DETERMINATION OF THE LOT SHOULD BE CARRIED OUT BY THE PARTY CONCERNED ;

WHEREAS ARTICLE 28 ( 1 ) OF THAT REGULATION FIXED THE AMOUNT OF THE SECURITY REFERRED TO IN ARTICLE 9 ( 2 ) OF COUNCIL REGULATION ( EEC ) NO 2114/71 OF 28 SEPTEMBER 1971 ON THE SUBSIDY FOR OILSEEDS ( 4 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 851/78 ( 5 ); WHEREAS , HAVING REGARD TO THE TREND OF PRICES ON THE WORLD MARKET AND TO THE LEVEL OF AID FIXED IN RECENT MONTHS , IT IS NECESSARY TO DECREASE THE AMOUNT OF THE SECURITY ;

WHEREAS ARTICLE 10 OF REGULATION ( EEC ) NO 2114/71 STATES THAT THE SUBSIDY FOR OILSEEDS MAY BE PAID IN ADVANCE AS SOON AS THE SEEDS HAVE BEEN PLACED UNDER CONTROL , ON CONDITION THAT A GUARANTEE IS LODGED BY THE PROCESSOR ; WHEREAS AT PRESENT NOT ALL MEMBER STATES MAKE USE OF THIS OPTION ; WHEREAS THIS CAUSES SERIOUS VARIATIONS IN THE WAY COMMUNITY OPERATORS ARE TREATED ; WHEREAS IN ORDER TO REMEDY THIS SITUATION IT SHOULD BE MADE COMPULSORY FOR THE MEMBER STATES TO ADVANCE THE AID WHEN CERTAIN CONDITIONS ARE MET ;

WHEREAS , IN ORDER TO ENSURE THAT THE AID SYSTEM FUNCTIONS PROPERLY , IT SHOULD BE LAID DOWN THAT THE GUARANTEE IS TO BE RELEASED WHEN ENTITLEMENT TO THE AID IS RECOGNIZED ; WHEREAS IT IS ALSO NECESSARY TO DETERMINE THE WEIGHT TO BE TAKEN INTO CONSIDERATION FOR CALCULATING THE ADVANCE ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR OILS AND FATS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

REGULATION ( EEC ) NO 1204/72 IS HEREBY AMENDED AS FOLLOWS :

1 . ARTICLE 6 ( 1 ) IS REPLACED BY THE FOLLOWING :

' 1 . THE I.D . PART OF THE CERTIFICATE MAY BE APPLIED FOR ONLY IN RESPECT OF ONE OR MORE LOTS . UNDER NO CIRCUMSTANCES MAY AN APPLICATION BE MADE FOR THE I.D . PART FOR A LOT IN RESPECT OF WHICH THAT PART OF THE CERTIFICATE HAS ALREADY BEEN ISSUED .

IF THE APPLICATION OF THE I.D . PART OF THE CERTIFICATE IS IN RESPECT OF COLZA AND RAPESEED WHOSE OIL HAS AN ERUCIC ACID CONTENT EXCEEDING THE PERCENTAGE REFERRED TO IN ARTICLE 25 , THE FOLLOWING WORDS SHALL BE ENTERED IN THE SECTION " DESCRIPTION OF THE PRODUCT " : " INTENDED FOR NON-FOOD USE " .

" LOT " SHALL BE UNDERSTOOD TO MEAN A SPECIFIC QUANTITY OF SEEDS DETERMINED BY THE PARTY CONCERNED , TO WHICH A NUMBER IS GIVEN , AT THE TIME OF ENTRY INTO THE OILMILL , AND IN RESPECT OF WHICH AN ANALYSIS IS CARRIED OUT IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 33 . '

2 . IN THE SECOND INDENT OF ARTICLE 28 ( 1 ) ' 25 ECU ' IS REPLACED BY ' 19 ECU ' .

3 . ARTICLE 37 IS REPLACED BY THE FOLLOWING :

' ARTICLE 37

1 . THE AID AMOUNT REFERRED TO IN ARTICLE 10 OF REGULATION ( EEC ) NO 2114/71 SHALL BE ADVANCED TO ANY PROCESSOR WHO APPLIES FOR IT AND PRESENTS THE APPLICATION FOR THE I.D . PART OF THE CERTIFICATE ACCOMPANIED BY A SECURITY FOR AN AMOUNT EQUAL TO THE AID AMOUNT TO BE ADVANCED .

2 . THE SECURITY SHALL BE LODGED IN THE FORM OF A GUARANTEE BY AN ESTABLISHMENT MEETING THE CRITERIA LAID DOWN BY THE MEMBER STATE TO WHICH THE APPLICATION FOR THE AID IS MADE .

3 . THE SECURITY SHALL BE RELEASED WHEN THE COMPETENT AUTHORITY OF THE MEMBER STATE IN QUESTION HAS RECOGNIZED ENTITLEMENT TO THE AID FOR THE QUANTITIES INDICATED IN THE APPLICATION . IF ENTITLEMENT TO THE AID IS NOT RECOGNIZED FOR ALL OR PART OF THE QUANTITIES INDICATED IN THE APPLICATION , THE SECURITY SHALL BE FORFEITED PROPORTIONATELY TO THE QUANTITIES FOR WHICH THE CONDITIONS GIVING ENTITLEMENT TO AID WERE NOT RESPECTED .

4 . THE WEIGHT USED FOR CALCULATING THE AID ADVANCE TO BE GRANTED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 1 SHALL BE THE NET WEIGHT RECORDED FOR THE SEED IN THE STATE IN WHICH AND AT THE TIME WHEN IT ENTERS THE MILL WHERE IT IS TO BE PROCESSED . '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

HOWEVER , THE PROVISIONS OF ARTICLE 1 ( 3 ) SHALL APPLY WITH EFFECT FROM 1 JULY 1981 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 5 MAY 1981 .

FOR THE COMMISSION

POUL DALSAGER

MEMBER OF THE COMMISSION