12. 6. 90 Official Journal of the European Communities No L 148/9 COMMISSION REGULATION (EEC) No 1561/90 of 7 June 1990 amending Regulation (EEC) No 3540/85 laying down detalied rules for the application of the special measures for peas, field beans and sweet lupins THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European. Economic Community, Having regard to Council Regulation (EEC) No 1431/82 of 18 May 1982 laying down special measures for peas, field beans and sweet lupins ('), as last amended by Regu- lation (EEC) No 1104/88 (3, and in particular Article 3 (7) thereof, Whereas Council Regulition. (EEC) No 1789/89 of 19 June 1989 amending Regulation (EEC) No-2036/82 adop- ting general rules concerning specific measures for peas, field beans and sweet lupins () provides for the streng- thening and simplification of controls ; whereas one effect of the amendments is to introduce arrangements for the approval of first buyers which would make possible the abolition of certain administrative documents such as the declaration of delivery and the certificate of purchase at the minimum price ; Whereas the immediate introduction of the approval arrangements and the corresponding abolition of the said documents would produce excessive changes in adminis- trative procedures.; whereas it is appropriate in the short term to maintain existing procedures until a new system fully respecting the Council guidelines is devised ; Whereas the payment of aid must be reserved for products of Community origin for which the minimum- price has been paid to the producer ; whereas this require- ment is the principal characteristic of the system of aid . for peas, field beans and sweet lupins ; whereas important budgetary considerations are involved ; whereas- therefore a rigorous control of first buyers and ‘end-users is neces- sary ; whereas a minimum level -of control between the first buyerand end-user should be specified ; whereas the control arrangements operated by the Member States should encompass. a minimum number of unannounced checks ; Whereas members of an approved organization should be permitted to market part of their produce under condi- tions to be laid down; Whereas only eligible products should benefit from aid ; whereas to this end tracer-marking by a suitable agent () OJ No L 162, 12. 6. 1982, p. 28. () OJ No L 110, 29. 4. 1988, p. 16. () OJ No L 176, 23. 6. 1989, p. 11. should be permitted in order to identify products not eligible for aid; whereas provision should be made to avoid the imposition of penalties where there is a genuine case of inadvertent cross-contamination by a tracer agent of products otherwise eligible for the payment of the aid ; Whereas imported products should be subject to control to ensure that they do not enter the aid system ; whereas the system of administrative control of imported products should be reinforced ; Whereas it is therefore necessary to amend Commission Regulation (EEC) No 3540/85 (%), as last amended by Regulation (EEC) No 3870/88 () ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Mangement Commitee for Dried Fodder, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 3540/85 is hereby amended as follows : 1. In the second subparagraph of Article 2 (2), the reference to ‘Article 9 (a) is replaced by ‘the first indent of “Article 9 (a). 2. Article 3 is amended as follows : — paragraph 1 is replaced by the following : ‘For each delivery of peas, field beans or sweet lupins received from -producers, all first- buyers . shall lodge a delivery declaration with the compe- tent agency appointed by the producer Member State.’, — In paragraph 4, ‘Without prejudice to Article 6 (6) is replaced by ‘Where Article 6a (2) applied’. 3. The following Article 4a is inserted-:- ‘Article 4a - The competent agency of the Member State shall notify the first buyer of the obligation to pay the () OJ No L 342, 19. 12. 1985, p. 1. () OJ No L 345, 14, 12. 1988, p. 21.