COMMISSION REGULATION (EC) No 1993/94 of 1 August 1994 amending Commission Regulation (EEC) No 1711/93 as regards the minimum price and compensatory payment to be paid to potato producers, and the premium to be paid to manufacturers of potato starch for the 1994/95 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cereals (1), as amended by Commission Regulation (EEC) No 2193/93 (2), and in particular Article 8 thereof,
Having regard to Council Regulation (EEC) No 1543/93 of 28 June 1993 fixing the amount of the premium granted to producers of potato starch for the 1993/94, 1994/95 and 1995/96 marketing year (3), and in particular Article 3 thereof,
Whereas Commission Regulation (EEC) No 1709/93 (4) adjusts the prices and amounts fixed in ecus in the cereals sector;
Whereas Commission Regulation (EEC) No 1711/93 (5) lays down detailed rules of application as regards the premium paid to producers of potato starch and the minimum price and compensatory payment to be paid to producers of potatoes intended for the manufacture of starch, on the basis of the starch content of the potatoes; whereas the amounts fixed in that Regulation should be adjusted for the 1994/95 marketing year;
Whereas the premium is paid to offset structural difficulties faced by the potato starch industry; whereas provision should be made to ensure that the minimum price is actually paid to growers in order to prevent any unfair competition which might disturb the starch market as a result of potatoes being supplied at a reduced price; whereas this cannot be achieved during the 1994/95 marketing year by measures designed to control production levels;
Whereas to this end it is appropriate to tighten the sanctions already provided for by making payment of the premium subject to proof that the minimum price has actually been paid for all the raw material applied; whereas the scale of sanctions should be amended accordingly, while observing the principles of proportionality and freedom of choice for operators;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Annex II to Regulation (EEC) No 1711/93 is hereby replaced by the Annex to this Regulation.
Article 2
Article 7 is hereby replaced by the following:
'Article 7
The following payments shall be subject to the requirements set out below:
- in the case of the compensatory payment provided for in Article 8 (2) of Regulation (EEC) No 1766/92 to potato producers and the premium provided for in Article 1 of Regulation (EEC) No 1543/93 payable to potato starch producers in the Community, to the requirement that the starch producers provide proof that the potato starch has been produced in the Community during the marketing year concerned which begins on 1 July and ends on 30 June of the following year,
- in the case of the compensatory payment to potato producers, to the requirement that all the quantities for which payment is applied for have been paid for, at the delivered-to-factory stage, at a price not less than that referred to in Article 8 (1) of Regulation (EEC) No 1766/92 and in accordance with the rates set out in Annex II,
- in the case of the premium paid to potato starch producers, in accordance with the rates set out in Annex II, to the requirement that the latter have pad a price not less than that referred to in Article 8 (1) of Regulation (EEC) No 1766/92 to the potato producer, at the delivered-to-factory stage, for all the quantity of potatoes produced in the Community which they used in the manufacture of the starch.
The proof referred to in the second and third subparagraphs shall be furnished by submission of the summary payment slip provided for in Article 6, accompanied either by certification of payment by the producer or by a voucher issued by the financial undertaking that made the payment on the order of the starch manufacturer and certifying that such payment has been made.'
Article 3
Article 10 (2) is hereby replaced by the following:
'2. Should be competent body establish that the obligations specified iun Article 7 have not been met by the manufacturer, he shall, unless force majeure applies, lose entitlement to premiums, in whole or in part, as follows:
- if the obligations have not been met for a quantity of starch less than 20 % of the total quantity produced during the marketing year in question, the amount of the premium granted shall be reduced by five times the percentage established,
- if the percentage in question is equal to or greater than 20, no premium shall be granted.'
Article 4
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 August 1994.