L 55/10 Official Journal of the European Communities 26.2.2002 COMMISSION REGULATION (EC) No 345/2002 of 25 February 2002 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 (1), as last amended by Regulation (EC) No 1038/2001 (3, and in particular Article 9 thereof, Whereas: (1)  Article 3(4) of Commission Regulation (EC) No 2461/ 1999 (*), as last amended by Regulation (EC) No 587/ 2001 (¥, allows Member States to authorise farmers to process on their holdings the raw material harvested on land set aside. In this situation where the farmer is both the producer and the processor of that raw material, there is a higher risk of fraud. Specific additional meas- ures are therefore needed to ensure closer monitoring of the use to which the raw material is put. (2)  The third subparagraph of Article 3(4) of Regulation (EC) No 2461/1999 also requires denaturing of cereals and oilseeds harvested on certain areas set aside where they are to be used on the holding as heating fuel or to produce power or biofuel on the same holding. Dena- turing is required to prevent these products from being used for human or animal consumption and makes it possible to dispense with further checks. After dena- turing, as the by-products of manufacturing non-food products can no longer be used for human or animal consumption, particularly in the case of oilseeds, the profitability of oilseed crops grown on land set aside is accordingly reduced. (3)  To remedy this problem, the Member States must be authorised to permit the oil obtained from oilseeds to be denatured, provided they introduce specific arrange- ments for checking, in particular, that the entire quantity harvested has been processed, that the processing security has been lodged and that denaturing has been carried out. (4)  Article 9 of Regulation (EC) No 24611999 also requires the Member States to establish representative yields for certain raw materials each year, and to inform applicants 160, 26.6.1999, p. 1. ) O] L ) O] L 145, 31.5.2001, p. 16. ) O] L 299, 20.11.1999, p. 16. ) O] L 86, 27.3.2001, p. 15. of those yields before 31 July, and before 31 August in the case of sunflower seeds. It is difficult to establish a representative yield for maize before 31 July, in view of the late sowing date and the difficult weather conditions in some Member States. The same date should therefore apply for maize as for sunflower seeds. The measures provided for in this Regulation are in accordance 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: 1. Article 3(4) is replaced by the following: ‘4. Notwithstanding paragraphs 2 and 3, Member States may permit applicants: (a) to use all the cereals or all the oilseeds falling within CN codes 1201 00 90, ex 12050090 and 1206 00 91 harvested on certain set-aside land: (i) as fuel for heating their agricultural holding; (ii) for the production on the holding of power or biofuels; (b) to process into biogas falling within CN code 2711 29 00, on their holdings, all the raw material harvested on certain land set aside. In the cases listed in the first subparagraph, applicants shall undertake, by way of a declaration in place of the contract referred to in Article 4, to use or process directly the raw material covered by the declaration. In addition, applicants must have all the raw material harvested weighed by a body or an undertaking designated by the Member State and must keep separate accounts for the raw material used and the products and by-products resulting from its processing. However, where the entire plant is used, weighing may be replaced by volumetric measurement of the raw material. Member States applying the first subparagraph shall intro- duce adequate checks to ensure that the raw material is used directly on the holding or is processed into biogas falling within CN code 2711 29 00.