23. 6. 89 Official Journal of the European Communities No L 176/11 COUNCIL REGULATION (EEC) No 1789/89 of 19 June 1989 amending Regulation (EEC) No 2036/82 adopting general rules concerning specific measures for peas, field beans and sweet lupins THE COUNCIL 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 Regulation (EEC) No 1104/88 (3, and in particular Article 3 (5) thereof, Having regard to the proposal from the Commission, Whereas the control systems provided for in Articles 13 and 14 of Regulation (EEC) No 2036/82(%), as last amended by Regulation (EEC) No 1105/88 (%), are ill-adapted to the new market situation ; whereas checks to ensure that imported peas and field beans are processed in such a way as to render them-ineligible for aid must be stepped up in view of the development of imports. from third countries; whereas under those circumstances, verification of the Community origin of peas, field beans and sweet lupins for which aid is applied for .may be simplified ; Whereas the price paid to the producer should be verified at the level of the first buyer of the Community products in question ; whereas, to streamline the administrative procedures for such controls, .the declaration of delivery defined .in Article 3 (2) and the certificate referred to in - Article 4 (2) of Regulation (EEC) No 2036/82 may be abolished ; whereas, however, provision should be made for the approval of the first buyer under conditions to be determined, which approval may be withdrawn in case of failure to comply with the. rules laid .down; Whereas approved users who use the products in-question may -ensure compliance with the minimum price by undertaking. to apply for the aid only in respect.of products from an approved first buyer ; whereas Articles 3 (4) and 5 (1) of Regulation (EEC) No 2036/82 should be amended “accordingly ; Whereas the definition of sweet lupins in Article 11 (4) of Regulation (EEC) No 2036/82 entails difficulties of controls of the seed and does not afford any certainty that () OJ No L 162, 12. 6. 1982, p. 28. () OJ No L 110, 29. 4. 1988, p. 16. () OJ No L 219, 28. 7. 1982, p. 1. () O No L 110, 29. 4. 1988, p. 18. the products for which the aid is applied for have an acceptable bitter seed content ; whereas provision should accordingly be made for a definition of sweet lupins permitting - verification of products intended for use as feedingstuff to see whether they comply with the criteria of eligibility for the aid; Whereas the definition and classification of the products actually used, as laid down in Article 5 (2) of Regulation (EEC) No 2036/82, take account of technical processing procedures the relevance and exhaustiveness of which depend on technical progress ; whereas the said paragraph should indicate only the general conditions under which the products in question should be considered as having been used ; whereas Article 6 (5) of Regulation (EEC) No 2036/82 must be adapted to the definition of the products actually used ; Whereas Article 7 of Regulation (EEC) No 2036/82 does not enable a member of an approved organization to market his products; whereas, to qualify under the aid system, producers must either market all their production or use it completely under an approved organization; whereas, for the sake of fairness, producers who market part of their production should be authorized to join an approved organization ; Whereas Article 12a (3) of Regulation (EEC) No 2036/82 provides for a carry-over of monetary gaps when calculating differential amounts where they differ by less than one point ; whereas that rule leads in certain cases to an extension of the validity of monetary gaps which are no longer in force ; whereas that rule should be abolished to make it easier to understand the calculation of the amount of the aid in national currencies ; Whereas the control system provided for in Article 13 of Regulation (EEC) No 2036/82 must be made more stringent by the possibility of providing for a- guarantee ensuring that products imported are processed in such a way as to render them ineligible for aid; Whereas the measures provided for in this Regulation lead to changes in the administrative procedures; whereas, where temporary adaptations are necessary, provision should be made for the possibility of adopting transitional measures,