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( 1 ) OJ NO C 97 , 21 . 4 . 1980 , P . 33 .

( 2 ) OJ NO C 182 , 21 . 7 . 1980 , P . 34 .

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

( 4 ) OJ NO L 188 , 26 . 7 . 1979 , P . 1 .

COUNCIL REGULATION ( EEC ) NO 1870/80

OF 15 JULY 1980

AMENDING REGULATION ( EEC ) NO 2727/75 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ),

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ),

WHEREAS , IN ORDER TO ENSURE A BETTER BALANCE BETWEEN THE VARIOUS CEREALS PRODUCED WITHIN THE COMMUNITY , THE DEGREE OF COMPETITION BETWEEN CEREALS USED IN ANIMAL FEED SHOULD BE ADJUSTED ; WHEREAS , TO THIS END , THE SINGLE INTERVENTION PRICE FOR RYE SHOULD BE BROUGHT INTO LINE WITH THE SINGLE COMMON INTERVENTION PRICE FIXED FOR COMMON WHEAT , BARLEY AND MAIZE ; WHEREAS , HOWEVER , A TRANSITIONAL PERIOD MUST BE PROVIDED FOR TO ENABLE PRODUCERS TO ADAPT TO THE NEW PRICE ARRANGEMENTS ;

WHEREAS , IN ACCORDANCE WITH ARTICLE 3 ( 8 ) OF COUNCIL REGULATION ( EEC ) NO 2727/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1547/79 ( 4 ), THE INTERVENTION CENTRES FOR CEREALS ARE DETERMINED EACH YEAR , AFTER CONSULTATION WITH THE MEMBER STATES CONCERNED , IN ACCORDANCE WITH MANAGEMENT COMMITTEE PROCEDURE ; WHEREAS EXPERIENCE HAS SHOWN THAT IT IS NOT NECESSARY TO DETERMINE THE INTERVENTION CENTRES ANNUALLY BUT ONLY AS AND WHEN CHANGES BECOME NECESSARY ;

WHEREAS , UNDER ARTICLE 11 ( 1 ) OF REGULATION ( EEC ) NO 2727/75 , THE PRODUCTION REFUND FOR CERTAIN PRODUCTS WAS GRANTED FOR THE 1979/80 MARKETING YEAR ONLY ; WHEREAS THESE PROVISIONS SHOULD BE ADAPTED TO TAKE INTO ACCOUNT THE CONTINUATION OF THE PRODUCTION REFUNDS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

REGULATION ( EEC ) NO 2727/75 IS HEREBY AMENDED AS FOLLOWS :

1 . ARTICLE 3 ( 1 ) IS HEREBY REPLACED BY THE FOLLOWING TEXT :

' 1 . BEFORE 1 AUGUST EACH YEAR , THE FOLLOWING PRICES SHALL BE FIXED FOR THE COMMUNITY FOR THE MARKETING YEAR BEGINNING THE FOLLOWING YEAR :

- A COMMON SINGLE INTERVENTION PRICE FOR COMMON WHEAT , RYE , BARLEY AND MAIZE AND A SINGLE INTERVENTION PRICE FOR DURUM WHEAT ,

- A REFERENCE PRICE FOR COMMON WHEAT OF BREAD-MAKING QUALITY ,

- A TARGET PRICE FOR COMMON WHEAT AND FOR DURUM WHEAT AND A COMMON TARGET PRICE FOR RYE , BARLEY AND MAIZE .

HOWEVER , FOR RYE :

( A ) THE COMMON SINGLE INTERVENTION PRICE SHALL BE INCREASED :

- FOR THE 1980/81 MARKETING YEAR , BY 7.94 ECU PER TONNE ,

- FOR THE 1981/82 MARKETING YEAR , BY 3.97 ECU PER TONNE ;

( B ) THE TARGET PRICE FOR THE 1980/81 MARKETING YEAR SHALL BE INCREASED BY 2.99 ECU PER TONNE . '

2 . ARTICLE 3 ( 5 ) IS HEREBY REPLACED BY THE FOLLOWING TEXT :

' 5 . THE TARGET PRICES SHALL BE FIXED IN DUISBURG , WHICH IS THE CENTRE OF THE COMMUNITY AREA HAVING THE GREATEST DEFICIT FOR ALL CEREALS , AT THE WHOLESALE STAGE , GOODS DELIVERED AT WAREHOUSE , BEFORE UNLOADING .

THEY SHALL BE CALCULATED BY ADDING A MARKET ELEMENT AND AN ELEMENT REFLECTING THE COST OF TRANSPORT BETWEEN THE ORMES AREA AND THE DUISBURG AREA :

- TO THE REFERENCE PRICE , FOR COMMON WHEAT ,

- TO THE SINGLE INTERVENTION PRICE , FOR DURUM WHEAT ,

- TO THE COMMON SINGLE INTERVENTION PRICE , FOR RYE , BARLEY AND MAIZE .

FOR DURUM WHEAT AND COMMON WHEAT RESPECTIVELY , THE MARKET ELEMENT SHALL REFLECT THE DIFFERENCE WHICH SHOULD EXIST BETWEEN :

( A ) ON THE ONE HAND , THE SINGLE INTERVENTION PRICE FOR DURUM WHEAT AND THE REFERENCE PRICE FOR COMMON WHEAT OF BREAD-MAKING QUALITY ; AND

( B ) ON THE OTHER HAND , THE LEVEL OF THE MARKET PRICES FOR DURUM WHEAT AND COMMON WHEAT OF BREAD-MAKING QUALITY RESPECTIVELY TO BE EXPECTED , IN A NORMAL HARVEST AND UNDER NATURAL CONDITIONS OF PRICE FORMATION ON THE COMMUNITY MARKET , IN THE AREA HAVING THE GREATEST SURPLUS .

THE MARKET ELEMENT FOR RYE , BARLEY AND MAIZE SHALL REFLECT THE DIFFERENCE WHICH SHOULD EXIST BETWEEN THE MARKET PRICE FOR BARLEY AND THE COMMON SINGLE INTERVENTION PRICE , PLUS THE DIFFERENCE IN MARKET PRICES REFLECTING THE RATIO BETWEEN THE RELATIVE VALUES OF BARLEY AND MAIZE FOR USE IN ANIMAL FEED . THE MARKET PRICES TO BE TAKEN INTO CONSIDERATION ARE THOSE TO BE EXPECTED , IN A NORMAL HARVEST AND UNDER NATURAL CONDITIONS OF PRICE FORMATION ON THE COMMUNITY MARKET , IN THE PRODUCTION AREA HAVING THE GREATEST SURPLUS .

THE ELEMENT REFLECTING THE COST OF TRANSPORT SHALL BE DETERMINED ON THE BASIS OF THE MOST FAVOURABLE MEANS OF TRANSPORT OR COMBINATION OF MEANS OF TRANSPORT AND ON EXISTING TARIFFS .

WHEN INLAND WATERWAY OR SEA FREIGHT RATES ARE NOT BASED ON A TARIFF , TRANSPORT COSTS SHALL BE DETERMINED BY TAKING THE AVERAGE FREIGHT RATE OVER THE TWO MONTHS WITH THE LOWEST AVERAGE RATE DURING THE MOST RECENT 12-MONTH PERIOD FOR WHICH DATA ARE AVAILABLE . '

3 . ARTICLE 3 ( 8 ) IS HEREBY AMENDED AS FOLLOWS :

' 8 . THE INTERVENTION CENTRES REFERRED TO IN PARAGRAPH 7 SHALL BE DETERMINED , AFTER CONSULTATION WITH THE MEMBER STATES CONCERNED , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 26 . '

4 . ARTICLE 11 IS HEREBY AMENDED AS FOLLOWS :

' ARTICLE 11

1 . A PRODUCTION REFUND MAY BE GRANTED :

( A ) FOR MAIZE AND COMMON WHEAT USED IN THE COMMUNITY FOR THE MANUFACTURE OF STARCH ;

( B ) FOR POTATO STARCH PRODUCED IN THE COMMUNITY ;

( C ) FOR MAIZE GROATS AND MEAL USED IN THE COMMUNITY FOR THE MANUFACTURE OF GLUCOSE BY DIRECT HYDROLYSIS ;

( D ) FOR MAIZE USED IN THE COMMUNITY FOR THE MANUFACTURE OF MAIZE GROATS AND MEAL ( GRITZ ) USED BY THE BREWING INDUSTRY ;

( E ) FOR MAIZE AND COMMON WHEAT USED IN THE COMMUNITY FOR THE MANUFACTURE OF QUELLMEHL INTENDED FOR BREAD-MAKING .

THE PRODUCTION REFUNDS FOR THE PRODUCTS REFERRED TO IN ( D ) AND ( E ) MAY BE GRANTED WITH EFFECT FROM 19 OCTOBER 1977 .

2 . THE PAYMENT OF THE PRODUCTION REFUND FOR POTATO STARCH SHALL BE SUBJECT TO THE CONDITION THAT THE PROCESSOR HAS PAID A MINIMUM FREE-AT-FACTORY PRICE FOR THE POTATOES .

THE MINIMUM PRICE TO BE RECEIVED BY THE PRODUCER SHALL CONSIST OF THE MINIMUM PRICE TO BE PAID BY THE STARCH MANUFACTURER , PLUS AN AMOUNT CORRESPONDING TO THE PRODUCTION REFUND .

3 . A PREMIUM MAY BE PAID TO POTATO STARCH MANUFACTURERS .

4 . THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , SHALL ADOPT RULES FOR THE APPLICATION OF THIS ARTICLE AND FIX :

- THE AMOUNT OF THE PRODUCTION REFUND ,

- THE MINIMUM PRICE PAYABLE BY THE POTATO STARCH MANUFACTURER REFERRED TO IN THE SECOND SUBPARAGRAPH OF PARAGRAPH 2 ,

- THE AMOUNT OF THE PREMIUM REFERRED TO IN PARAGRAPH 3 . '

ARTICLE 2

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

IT SHALL APPLY FROM 1 AUGUST 1980 .

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

DONE AT BRUSSELS , 15 JULY 1980 .

FOR THE COUNCIL

THE PRESIDENT

J . SANTER