26.4.2000 Official Journal of the European Communities L101/21 COMMISSION REGULATION (EC) No 827/2000 of 25 April 2000 amending Regulation (EC) No 2461/1999 laying down detailed rules for the application of Council Regulation (EC) No 1251/1999 as regards the use of land set aside for the production of raw materials for the manufacture within the Community of products not primarily intended for human or animal consumption THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1251/1999 of 17 May 1999 establishing a support system for producers of certain arable crops ('), as amended by Regulation (EC) No 2704/1999 (3), and in particular Article 9 thereof, Whereas: 1) The first subparagraph of Article 6(3) of Regulation (EC) No 1251/1999 provides that land set aside may be used for the production of raw materials for the manufacture within the Community of products not primarily intended for human or animal consumption, provided that effective control systems are applied. In order to ensure compliance with point 7 of the Memorandum of Understanding on oilseeds between the European Economic Community and the United States of America within the framework of the GATT, as approved by Council Decision 93/355/EEC (), the third subparagraph of Article 6(3) of Regulation (EC) No 1251/1999 provides that if the quantity of by-products for feed or food uses likely to be made available as a result of the cultivation of oilseeds on land set aside under the first subparagraph exceeds, on the basis of the forecast quantities covered by contracts made with producers, 1 million metric tonnes annually expressed in soya bean meal equivalent, in order to limit that quantity to 1 million metric tonnes, the amount of the forecast quantity under each contract, which may be used for feed or food uses, is to be reduced. In order to be able to implement the rules laid down in the third subparagraph of Article 6(3) of Regulation (EC) No 1251/1999, the monitoring system for assessing the quantity of by-products, introduced by Commission Regulation (EC) No 24611999 (¥, should now be amplified. It is necessary also to define the method of calculation to be used by the Commission as part of the monitoring system and to introduce a procedure for fixing the 160, 26.6.1999, p. 1. 327, 21.12.1999, p. 12. () O] L () O] L () O] L 147, 18.6.1993, p. 25. () O L 299, 20.11.1999, p. 16. coefficient for reducing the quantities of by-products intended for feed or food uses to be applied to each contract where the 1 million tonnes ceiling is exceeded. In that situation, the pure protein content is the decisive criterion for drawing up the method of calculation. To ensure that the maximum quantity of by-products intended for animal or human consumption is not exceeded, evidence should be required concerning the disposal of quantities of by-products for the non-feed or non-food markets, to be provided upon release of the security lodged by the collector or first processor. In order to enable effective checks to be made on compliance with the requirement not to exceed the 1 million tonnes ceiling, it is necessary to impose a dead- line for disposing of quantities of by-products intended for the non-feed or non-food markets. The new rules on support for rural development adopted in 1999 no longer expressly rule out agri-envir- onmental aid for areas qualifying under the Community set-aside arrangements which are used to grow non-feed or non-food crops. In the interests of consistency, provi- sions should be adopted prohibiting aggregation with other Community support schemes. Since the Memorandum of Understanding was published in the Official Journal of the European Communities in 1993, operators are deemed to be aware of its content from that date. In view of the threat of the 1 million tonnes ceiling being exceeded in the 2000/01 marketing year, provision needs to be made for applying the meas- ures contained in this Regulation to all contracts concluded in respect of that marketing year. The measures laid down in this Regulation are in accord- ance with the opinion of the Management Committee for Cereals, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 2461/1999 is hereby amended as follows: