22.6.2005 Official Journal of the European Union L 159/1 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 941/2005 of 30 May 2005 amending Regulation (EC) No 1868/94 establishing a quota system in relation to the production of potato starch THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, Having regard to the proposal from the Commission, Having regard to the Opinion of the European Parliament (%), Whereas: " ) Article 2(1) of Council Regulation (EC) No 1868/94 (3) fixes the potato starch quotas for producer Member States for the 2002/2003, 2003/2004 and 2004/2005 marketing years. Under Article 3(2) of Regulation (EC) No 1868/94 the three-yearly quotas are to be allocated to producer Member States on the basis of a report from the Commission to the Council. The recent changes in the common agricultural policy and production in the Member States which joined the Community on 1 May 2004 should be taken into account to this end. Pending indication of the initial effects on the sector, the existing quotas for the 2004/2005 marketing year should therefore be rolled over for a further two years. Producer Member States should allocate their quotas for a period of two years among all potato starch manufac- turers on the basis of the quotas for the 2004/2005 marketing year. Opinion delivered on 11 May 2005 (not yet published in the Official Journal). OJ L 197, 30.7.1994, p. 4. Regulation as last amended by the 2003 Act of Accession. 4 Quantities used by potato starch manufacturers in excess of the sub-quotas available in the 2004/2005 marketing year are to be deducted in the 2005/2006 marketing year in accordance with Article 6(2) of Regulation (EC) No 1868/94. Regulation (EC) No 1868/94 should therefore be amended accordingly. The European Economic and Social Committee has given its opinion (%), HAS ADOPTED THIS REGULATION: Article 1 Articles 2 and 3 of Regulation (EC) No 1868/94 are hereby replaced by the following: ) ‘Article 2 1. The potato starch producing Member States shall be allocated quotas for the 2005/2006 and 2006/2007 marketing years in accordance with the Annex hereto. 2. Each producer Member State referred to in the Annex shall allocate its quota among potato starch manufacturers for use in the 2005/2006 and 2006/2007 marketing years on the basis of the sub-quotas available to each manufacturer in 2004/2005, subject to application of the second subpar- agraph. Opinion delivered on 9 March 2005 (not yet published in the Official Journal).