22. 6. 84 Official Journal of the European Communities No L 164/3 COUNCIL REGULATION (EEC) No 1734/84 of 18 June 1984 amending Regulation (EEC) No 2036/82 adopting general rules concerning special measures for peas and field beans 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 1032/84 (%), and in particular Articles 3 (5) and 4 thereof, Having regard to the proposal from the Commission, Whereas Regulation (EEC) No 1032/84 extends the special measures for peas and field beans to sweet lupins ; whereas Regulation (EEC) No 2036/82 (), as amended by Regulation (EEC) No 1601/83 (*), should be adapted accordingly and a definition of ‘sweet lupins’ laid down ; Whereas Regulation (EEC) No 2036/82 provides, for the purposes of checking entitlement to aid, that a contract is to be concluded between the producer and the first buyer and that the latter is to lodge a declara- tion certifying delivery; whereas the administrative consequences of these provisions have become very onerous in view of the increase in the number of producers ; whereas a declaration of delivery on its own would suffice to establish entitlement, provided that it shows that the minimum price has indeed been paid to the producer; Whereas the said Regulation defines ‘placing under supervision’ as a physical check on each delivery arriving on the user’s premises; whereas it would appear that these physical checks are difficult to implement, as shown by experience and given the increase in the number of users; whereas equivalent verification could be achieved by approval of user undertakings, combined with a control, especially regarding the stock and financial reports, HAS ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 2036/82 is hereby amended as follows : () OJ No L 162, 12. 6. 1982, () OJ No L 107, 19. 4. 1984, () O] No L 219, 28. 7. 1982, () OJ No L 159, 17. 6. 1983, TTVTT —— 0 N S 1. In the title, the words ‘peas and field beans’ is replaced by ‘peas, field beans and sweet lupins’. 2. Article 3 is replaced by the following: Article 3 For the purpose of this Regulation : 1. “first buyer” shall mean any natural or legal person established in the Community who has concluded a purchase contract with a producer of peas, field beans or sweet lupins grown on his land, which meets the condition laid down in the second indent of Article 3 (3) of Regulation (EEC) No 1431/82, and who takes over such products ; 2. “declaration of delivery” shall mean a declaration by which the first buyer certifies : — the quantity of products delivered by the producer, — the price conditions shown on the contract; 3. “approved body” shall mean a production and processing organization or a group of producers of the products concerned which complies with conditions to be determined ; 4. “approved user” shall mean any natural or legal person making use of the products concerned and complying with their conditions to be deter- mined ; 5. “entry into the undertaking” shall mean the act whereby the approved user takes over the product for use in the undertaking in accordance with the provisions of this Regulation.’ 3. Article 4 is replaced by the following : ‘Article 4 1. In cases where the products are sold by the producer, the first buyer shall lodge a declaration of delivery with the agency appointed by the Member States in which the product is harvested. 2. After verifying the content of the declaration, the agency appointed by the Member State shall deliver to the first buyer a certificate confirming that the producer has obtained at least the minimum price for the quantity he has delivered.’ 4. Article 5(1) is replaced by the following: ‘1.  In the case referred to in Article 4, the aid shall be granted to any approved user making use of the products, provided that : — he lodges an application and the certificate referred to in Article 4(2) with the agency