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( 1 ) OJ NO L 281 , 1 . 11 . 1975 , P . 1 .

( 2 ) OJ NO L 156 , 14 . 6 . 1978 , P . 1 .

COUNCIL REGULATION ( EEC ) NO 946/79

OF 8 MAY 1979

FIXING A CARRY-OVER PAYMENT FOR COMMON WHEAT , RYE AND MAIZE REMAINING IN STOCK AT THE END OF THE 1978/79 MARKETING YEAR

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2727/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1254/78 ( 2 ), AND IN PARTICULAR ARTICLE 9 ( 1 ) AND ( 5 ) THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS ONE OF THE PURPOSES OF THE CARRY-OVER PAYMENT PROVIDED FOR IN ARTICLE 9 ( 1 ) OF REGULATION ( EEC ) NO 2727/75 IS TO PREVENT A MASSIVE INFLOW TO INTERVENTION OF CEREALS , MUCH OF WHICH COULD BE DIRECTLY DISPOSED OF ON THE MARKET BEFORE THE NEW HARVEST , AT THE MOMENT WHEN THE MONTHLY INTERVENTION PRICE INCREASES END ; WHEREAS THE MARKET SITUATION FOR COMMON WHEAT THROUGHOUT THE COMMUNITY AND THAT FOR RYE USED FOR HUMAN CONSUMPTION IN CERTAIN REGIONS OF THE COMMUNITY ARE SUCH THAT A CARRY-OVER PAYMENT SHOULD BE GRANTED FOR THESE CEREALS ;

WHEREAS THERE IS A LIKELIHOOD IN CERTAIN REGIONS OF QUANTITIES OF MAIZE BEING OFFERED FOR INTERVENTION ALTHOUGH A DEFICIT EXISTS IN THE COMMUNITY AS A WHOLE ; WHEREAS A CARRY-OVER PAYMENT SHOULD THEREFORE ALSO BE GIVEN FOR THIS CEREAL ; WHEREAS , SINCE THE MARKETING OF A CROP NORMALLY EXTENDS BEYOND THE END OF THE MARKETING YEAR , THE GRANTING OF A CARRY-OVER PAYMENT HELPS TO PREVENT THE LARGE QUANTITIES NORMALLY IN STOCK AT THE END OF THE MARKETING YEAR GOING TO INTERVENTION DURING ITS LAST FEW MONTHS ;

WHEREAS THE AMOUNT OF THE CARRY-OVER PAYMENT SHOULD BE FIXED BY TAKING THE DIFFERENCE BETWEEN THE TARGET PRICES , IN NATIONAL CURRENCY , VALID ON 31 JULY AND 1 AUGUST 1979 ; WHEREAS , WHERE THE CALCULATION GIVES A NEGATIVE AMOUNT , THE PAYMENT SHOULD BE COUNTED AS NIL ;

WHEREAS THE CARRY-OVER PAYMENT CANNOT BE GIVEN FOR CEREALS HARVESTED IN THE COMMUNITY DURING 1979 , AS THEIR COST HAS NOT BEEN INCREASED BY ANY STORAGE ELEMENT ; WHEREAS , IN VIEW OF THE CONNECTION BETWEEN THE INTERVENTION AND THE CARRY-OVER PAYMENT SYSTEMS , CARRY-OVER PAYMENTS SHOULD BE GIVEN ONLY FOR CEREALS WHICH ARE OF SOUND , GENUINE AND MERCHANTABLE QUALITY , WITHIN THE MEANING OF THE PROVISIONS ADOPTED IN IMPLEMENTATION OF ARTICLE 7 ( 5 ) OF REGULATION ( EEC ) NO 2727/75 ; WHEREAS , HOWEVER , IN RESPECT OF RYE HELD BY THE MILLING INDUSTRY , MILLING FOR HUMAN CONSUMPTION IS ACCEPTED AS PROOF OF SUFFICIENT QUALITY ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . A CARRY-OVER PAYMENT SHALL BE GRANTED FOR COMMON WHEAT AND RYE USED FOR HUMAN CONSUMPTION , HARVESTED IN THE COMMUNITY AND IN STORE THERE AT THE END OF THE 1978/79 MARKETING YEAR .

2 . A CARRY-OVER PAYMENT SHALL ALSO BE GRANTED FOR MAIZE HARVESTED IN THE COMMUNITY AND IN STORE IN SURPLUS PRODUCTION AREAS OF THE COMMUNITY AT THE END OF THE 1978/79 MARKETING YEAR .

3 . THE CARRY-OVER PAYMENT GRANTED SHALL BE EQUAL TO THE DIFFERENCE BETWEEN THE TARGET PRICE , IN NATIONAL CURRENCY , VALID IN THE LAST MONTH OF THE 1978/79 MARKETING YEAR AND THAT VALID , IN NATIONAL CURRENCY , IN THE FIRST MONTH OF THE 1979/80 MARKETING YEAR . WHERE THE CALCULATION GIVES A NEGATIVE AMOUNT THE PAYMENT SHALL BE COUNTED AS NIL .

ARTICLE 2

THE CARRY-OVER PAYMENTS REFERRED TO IN ARTICLE 1 ( 1 ) AND ( 2 ) SHALL NOT BE MADE FOR CEREALS FROM THE 1979 HARVEST OR FOR CEREALS WHICH DO NOT MEET THE QUALITY CONDITIONS REQUIRED FOR INTERVENTION DURING THE 1978/79 MARKETING YEAR .

IN RESPECT OF RYE HELD BY THE MILLING INDUSTRY AT THE END OF THE MARKETING YEAR , MILLING FOR HUMAN CONSUMPTION IS ACCEPTED AS PROOF OF SUFFICIENT QUALITY .

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 8 MAY 1979 .

FOR THE COUNCIL

THE PRESIDENT

P . MEHAIGNERIE