COUNCIL REGULATION (EEC) No 3808/81 of 21 December 1981 amending Regulations (EEC) No 2358/71 on the common organization of the market in seeds, (EEC) No 2727/75 on the common organization of the market in cereals and (EEC) No 950/68 on the Common Customs Tariff

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 the cultivation of spelt (Triticum spelta) is of considerable economic importance in certain regions of the Community where alternatives are not easily found by reason of climatic and soil factors;

Whereas the production of certified spelt seed is particularly expensive for producers, especially because of the small size of the market involved;

Whereas appropriate steps should be taken to stabilize this market and ensure a fair return to producers of spelt seed;

Whereas to this end Regulation (EEC) No 2358/71 (3), as last amended by the 1979 Act of Accession, includes the possibility of granting aid to producers of certain seeds ; whereas the field of application of that Regulation should therefore be extended to include spelt grown for seed production, hitherto covered by Regulation (EEC) No 2727/75 (4), as last amended by Regulation (EEC) No 1949/81 (5);

Whereas provision should also be made, through the granting of such aid, to encourage production of basic and certified spelt seed ; whereas this product should for this purpose be included in the Annex to Regulation (EEC) No 2358/71;

Whereas, in view of the nature of the common organization of the market in seeds, the import levy on spelt for use as seed should be replaced by a customs duty of 20 %;

Whereas, in respect of imports, it must be possible to distinguish spelt for use as seed from other spelts ; whereas this can be achieved by amending Regulation (EEC) No 950/68 (6), as last amended by Regulation (EEC) No 3300/81 (7),

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 2358/71 is hereby amended as follows: 1. Article 1 shall be replaced by the following: >PIC FILE= "T0021291">

2. Article 8a (1) shall be replaced by the following:

"1. The Common Customs Tariff rates of dutyshall be applied to the products named inArticle 1."; (1) Opinion delivered on 17 December 1981 (not yet published in the Official Journal). (2) Opinion delivered on 25 November 1981 (not yet published in the Official Journal). (3) OJ No L 246, 5.11.1971, p. 1. (4) OJ No L 281, 1.11.1975, p. 1. (5) OJ No L 198, 20.7.1981, p. 2. (6) OJ No L 172, 27.7.1968, p. 1. (7) OJ No L 335, 23.11.1981, p. 1.

3. the Annex shall be replaced by Annex I to thisRegulation.

Article 2

The Annex "Common Customs Tariff" to Regulation (EEC) No 950/68 shall be amended in accordance with Annex II to this Regulation.

Article 3

Article 1 of Regulation (EEC) No 2727/75 shall be replaced by the following: >PIC FILE= "T0021292"> >PIC FILE= "T0021293">

Article 4

This Regulation shall enter into force on 1 February 1982.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 December 1981.

For the Council

The President

N. RIDLEY

ANNEX I

>PIC FILE= "T0021294">

ANNEX II

The Common Customs Tariff is amended as indicated below: 1. Additional Note 1 to Chapter 10 shall be replaced by the following:

"1. The term "durum wheat", as used in subheading 10.01 B II, shall be taken tomean wheat of the "triticum durum" species and the hybrids derived from theinterspecific crossing of "triticum durum" with the same number of chromosomesas that species. Durum wheat thus defined must be of a colour rangingfrom amber yellow to brown and show a translucent horn-like vitreous fracture."

2. Heading No 10.01 shall be replaced by the following: >PIC FILE= "T0021295">