7. 8.97 Official Journal of the European Communities No L 215/3 COMMISSION REGULATION (EC) No 1586/97 of 29 July 1997 laying down detailed implementing rules for the use of set-aside land for the provision of 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 (EEC) No 1765/92 of 30 June 1992 establishing a support system for produ- cers of certain arable crops ('), a last amended by Regula- tion (EC) No 1422/97 (3), in particular Articles 12 and 16 thereof, Having regard to Council Decision 93/355/EEC of 8 June 1993 concerning the conclusion of a Memorandum of Understanding on certain oil seeds between the Euro- pean Economic Community and the United States of America within the framework of the GATT (%), in par- ticular point 7 of the Memorandum of Understanding on oil seeds, Whereas Article 7 (4) of Council Regulation (EEC) No 1765/92 allows set-aside land to be used for the provision of materials for the manufacture within the Community of products not primarily intended for human or animal consumption, provided that effective control systems are applied; Whereas in the light of experience it is necessary to make further amendments to the implementing rules for the use of set-aside land for the provisions of materials for the manufacture within the Community of products not primarily intended for human or animal consumption; whereas Commission Regulation (EEC) No 334/93 of 15 February 1993 laying down detailed implementing rules for the use of land set aside for the provisions of materials for the manufacture within the Community of products not primarily intended for human or animal consump- tion (¥, as last amended by Regulation (EC) No 2991/95 (), has been amended on several occasions; whereas in order to clarify matters, Regulation (EEC) No 334/93 should be recast; whereas Regulation (EEC) No No L 181, 1. 7. 1992, p. 12. No L 196, 24. 7. 1997, p. 18. No L 147, 18. 6. 1993, p. 25. No L 38, 16. 2. 1993, p. 12. No L 312, 23. 12. 1995, p. 9. 334/93 should, therefore, be repealed whilst the legitimate expectations established thereby should be safeguarded, Whereas the raw materials, and the end products which may be produced from them, should be restricted in order to safeguard traditional markets without minimizing the scope for finding new outlets for the raw materials; Whereas it is necessary to continue to define the concept of an end product not primarily intended for human or animal consumption; Whereas the application of this scheme should, on the one hand, take into consideration any specific conditions prevailing in certain Member States, in particular condi- tions relating to agricultural practice, control, public health or the environment, or in terms of their criminal law, but on the other hand, the disparities in the treat- ment of such factors should be minimized within the Community; Whereas neither the raw material cultivated on set-aside land nor any product derived from the raw material should benefit from any aid granted by the Community; Whereas it is appropriate in laying down implementing measures to distinguish between raw materials which have the potential to be used for human or animal consump- tion and those which do not have that potential; Whereas the role of each principal intervening party in the market should be clearly defined; whereas, since it is necessary to continue to provide explicitly for the form of commerce in this market, the concept of the collector should be defined; whereas it is necessary to define the raw materials which may be grown on set-aside land as well as the end use for which the raw materials may be destined in order to allow the agricultural producer to benefit from this regime without delay; Whereas it is necessary to distinguish explicitly between the responsibilities of the claimant, which end with de- livery of the entire amount of raw material harvested, and the responsibilities of the collector or first processor, which commence at delivery and end with the processing of the raw materials into the intended final non-food end products; whereas a failure on the part of the claimant to fulfil his responsibilities will lead to the application to him of penalties pursuant to Commission Regulation