++++

COUNCIL REGULATION ( EEC ) NO 1451/82

OF 18 MAY 1982

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 THE SECOND AND THIRD SUBPARAGRAPHS OF ARTICLE 3 ( 3 ) OF REGULATION ( EEC ) NO 2727/75 ( 3 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 1949/81 ( 4 ) , PROVIDE THAT THE INTERVENTION PRICES VALID AT THE END OF THE MARKETING YEAR SHALL BE THOSE FOR AUGUST OF THE MARKETING YEAR IN PROGRESS ; WHEREAS THIS PROVISION IS LIKELY TO PLACE PRODUCERS IN CERTAIN SOUTHERN REGIONS WITH EARLY HARVESTS AT A DISADVANTAGE VIS-A-VIS PRODUCERS IN OTHER REGIONS OF THE COMMUNITY ; WHEREAS THIS SITUATION MAY BE RECTIFIED ON THE ONE HAND BY FIXING THE BEGINNING OF THE MARKETING YEAR FOR DURUM WHEAT AT 1 JULY , AND ON THE OTHER HAND BY GRANTING AN AMOUNT IN THESE REGIONS TO OFFSET THE DIFFERENCE BETWEEN THE ABOVEMENTIONED PRICES AND THOSE FIXED FOR THE NEW HARVEST ;

WHEREAS THE FIXING OF A GUARANTEE THRESHOLD , WITH A REDUCTION OF THE PRICE GUARANTEE FOR THE FOLLOWING MARKETING YEAR IF THE THRESHOLD IS EXCEEDED , MAY HELP TO REDIRECT PRODUCTION AND THUS LIGHTEN THE BURDEN ON THE COMMUNITY BUDGET ; WHEREAS THIS THRESHOLD MUST BE FIXED BY TAKING ALSO INTO ACCOUNT TRENDS IN THE IMPORT OF REPLACEMENT PRODUCTS ; WHEREAS ANY REDUCTION OF THE COMMUNITY GUARANTEE SHOULD BE A FUNCTION OF THE EXTENT TO WHICH THE THRESHOLD HAS BEEN EXCEEDED , WITHOUT EXERTING EXCESSIVE PRESSURE ON PRODUCERS' INCOMES ; WHEREAS THE FIXING OF AN ANNUAL GUARANTEE THRESHOLD IS INAPPROPRIATE IN THE CASE OF DURUM WHEAT , GIVEN THE PARTICULAR CHARACTERISTICS OF THIS CROP AND THE ARRANGEMENTS APPLICABLE TO IT ;

WHEREAS THE GRANTING OF AID FOR DURUM WHEAT IS PROVIDED FOR IN ALL AREAS WHERE DURUM WHEAT IS GROWN WITHIN THE SET GEOGRAPHICAL ZONES ; WHEREAS IT SHOULD BE SPECIFIED THAT THIS AID MAY ONLY BE GRANTED FOR ZONES WHERE DURUM WHEAT CONSTITUTES A TRADITIONAL AND IMPORTANT PART OF AGRICULTURAL PRODUCTION ;

WHEREAS IMPORTS INTO THE COMMUNITY OF PRODUCTS FALLING WITHIN SUBHEADINGS 07.06 B , 23.03 A II , 23.03 B II AND 23.06 A II OF THE COMMON CUSTOMS TARIFF HAVE RISEN SUBSTANTIALLY ; WHEREAS , BEARING IN MIND THE INCREASINGLY IMPORTANT EFFECT THEY HAVE IN THE CEREALS SECTOR , THESE PRODUCTS SHOULD BE COVERED BY THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ; WHEREAS REGULATION ( EEC ) NO 2727/75 SHOULD BE AMENDED ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

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

1 . ARTICLE 2 SHALL BE SUPPLEMENTED BY THE FOLLOWING SUBPARAGRAPH :

" HOWEVER , THE MARKETING YEAR FOR DURUM WHEAT AND FOR DURUM WHEAT GROATS AND MEAL SHALL BEGIN ON 1 JULY AND SHALL END ON 30 JUNE OF THE FOLLOWING YEAR . " ;

THE FOLLOWING SUBPARAGRAPHS ARE HEREBY ADDED TO ARTICLE 3 ( 3 ) :

" THE SINGLE INTERVENTION PRICES VALID WITH EFFECT FROM 1 JUNE , AND IN THE CASE OF GREECE THE INTERVENTION PRICE FOR BARLEY VALID WITH EFFECT FROM 16 MAY , SHALL BE INCREASED BY AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THESE PRICES AND THOSE VALID FOR THE MONTH OF AUGUST IN THE FOLLOWING MARKETING YEAR , IN THE CASE OF CEREALS HARVESTED AND OFFERED FOR INTERVENTION IN GREECE , ITALY AND THE FRENCH ADMINISTRATIVE REGIONS OF AQUITAINE , MIDI-PYRENEES , LANGUEDOC-ROUSSILLON , PROVENCE-ALPES-COTE D'AZUR AND CORSICA .

HOWEVER , AS FROM 1 JUNE 1983 , THE INTERVENTION PRICE OF DURUM WHEAT HARVESTED AND OFFERED FOR INTERVENTION IN THE COUNTRIES AND REGIONS REFERRED TO IN THE PRECEDING SUBPARAGRAPH VALID FROM 1 JUNE SHALL BE INCREASED BY AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THAT PRICE AND THE PRICE VALID FOR THE MONTH OF JULY OF THE FOLLOWING MARKETING YEAR . "

3 . THE FOLLOWING ARTICLE SHALL BE INSERTED :

" ARTICLE 3A

1 . EACH YEAR , WHEN THE PRICES REFERRED TO IN ARTICLE 3 ( 1 ) ARE FIXED , THE COUNCIL SHALL , UNDER THE SAME PROCEDURE , FIX A GUARANTEE THRESHOLD FOR CEREALS OTHER THAN DURUM WHEAT .

SHOULD ACTUAL AVERAGE PRODUCTION OVER THE THREE MOST RECENT PRECEDING MARKETING YEARS EXCEED THE GUARANTEE THRESHOLD FIXED FOR THE YEAR IN QUESTION , THE SINGLE INTERVENTION PRICES AND THE REFERENCE PRICE FOR THE FOLLOWING MARKETING YEAR SHALL BE REDUCED BY 1 % FOR EACH MILLION TONNES BY WHICH THE TARGET HAS BEEN EXCEEDED , SUBJECT TO A MAXIMUM REDUCTION OF 5 % .

THIS REDUCTION SHALL NOT AFFECT THE DETERMINATION OF THE TARGET PRICES REFERRED TO IN ARTICLE 3 ( 1 ) .

IF , HOWEVER , IMPORTS INTO THE COMMUNITY OF THE PRODUCTS LISTED IN ANNEX D EXCEED 15 MILLION TONNES IN THE MARKETING YEAR PRECEDING THE FIXING OF THE GUARANTEE THRESHOLD , THE DIFFERENCE BETWEEN THE VOLUME OF THESE IMPORTS AND 15 MILLION TONNES SHALL BE ADDED TO THE GUARANTEE THRESHOLD .

2 . THE COMMISSION SHALL , IF NECESSARY , ADOPT DETAILED RULES FOR THE APPLICATION OF THIS ARTICLE IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 26 . " ;

4 . ARTICLE 10 SHALL BE REPLACED BY THE FOLLOWING ;

" ARTICLE 10

1 . AID SHALL BE GRANTED FOR THE PRODUCTION OF DURUM WHEAT IN THE ZONES OF THE COMMUNITY WHERE THIS PRODUCTION CONSTITUTES A TRADITIONAL AND IMPORTANT PART OF AGRICULTURAL PRODUCTION .

2 . THE AMOUNT OF THE AID SHALL BE FIXED PER HECTARE SOWN AND HARVESTED .

THE AID MAY BE VARIED FROM ONE PRODUCTION ZONE TO ANOTHER .

THE AID SHALL BE GRANTED ONLY FOR DURUM WHEAT SATISFYING QUALITATIVE AND TECHNOLOGICAL REQUIREMENTS TO BE DETERMINED .

3 . THE AMOUNT OF THE AID SHALL BE FIXED BEFORE 1 AUGUST FOR THE MARKETING YEAR WHICH BEGINS IN THE NEXT CALENDAR YEAR , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 43 ( 2 ) OF THE TREATY .

4 . THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , SHALL ADOPT GENERAL RULES FOR APPLYING THIS ARTICLE , SPECIFYING IN PARTICULAR THE PRODUCTION ZONES REFERRED TO IN PARAGRAPH 1 , AND THE CRITERIA FOR DETERMINING THE QUALITATIVE AND TECHNOLOGICAL REQUIREMENTS REFERRED TO IN PARAGRAPH 2 .

5 . THE PROCEDURE LAID DOWN IN ARTICLE 26 SHALL BE FOLLOWED :

- TO ADOPT DETAILED RULES FOR THE APPLICATION OF THIS ARTICLE ,

- TO DETERMINE THE QUALITATIVE AND TECHNOLOGICAL REQUIREMENTS WHICH DURUM WHEAT MUST SATISFY IN ORDER TO QUALIFY FOR THE AID , OR , IF NECESSARY , TO DRAW UP A LIST OF THE VARIETIES CONCERNED . "

5 . IN ARTICLE 14 ( 1 ) THE FIRST SUBPARAGRAPH SHALL BE REPLACED BY THE FOLLOWING :

" 1 . A LEVY SHALL BE CHARGED ON THE IMPORT OF PRODUCTS REFERRED TO IN ARTICLE 1 ( D ) , WITH THE EXCEPTION OF THOSE FALLING UNDER SUBHEADINGS 07.06 B ; 23.03 A II ; 23.03 B II AND 23.06 A II , CONSISTING OF TWO COMPONENTS . "

6 . ANNEX A SHALL BE REPLACED BY THE FOLLOWING :

" ANNEX A

CCT HEADING NO*DESCRIPTION*

07.06*MANIOC , ARROWROOT , SALEP , JERUSALEM ARTICHOKES , SWEET POTATOES AND OTHER SIMILAR ROOTS AND TUBERS WITH HIGH STARCH OR INSULIN CONTENT , FRESH OR DRIED , WHOLE OR SLICED ; SAGO PITH : *

EX 11.01*CEREAL FLOURS : *

*C . BARLEY FLOUR*

*D . OAT FLOUR*

*E . MAIZE FLOUR*

*G . OTHER*

EX 11.02*CEREAL GROATS AND CEREAL MEAL ; OTHER WORKED CEREAL GRAINS ( FOR EXAMPLE , ROLLED , FLAKED , POLISHED , PEARLED OR KIBBLED BUT NOT FURTHER PREPARED ) , EXCEPT RICE FALLING WITHIN HEADING NO 10.06 ; GERM OF CEREALS , WHOLE , ROLLED , FLAKED OR GROUND : *

*EX A . CEREAL GROATS AND CEREAL MEAL ; EXCEPT GROATS AND MEAL OF WHEAT AND RICE*

*B . HULLED GRAINS ( SHELLED OR HUSKED ) , WHETHER OR NOT SLICED OR KIBBLED*

*C . PEARLED GRAINS*

*D . GRAINS NOT OTHERWISE WORKED THAN KIBBLED*

*EX E . ROLLED GRAINS ; FLAKED GRAINS , EXCEPT FLAKED RICE*

*EX F . PELLETS , EXCEPT RICE PELLETS*

*G . GERM OF CEREALS , WHOLE , ROLLED , FLAKED OR GROUND*

11.04 C*FLOUR AND MEAL OF SAGO AND OF ROOTS AND TUBERS FALLING WITHIN HEADING NO 07.06*

11.07*MALT , ROASTED OR NOT*

EX 11.08 A*STARCHES : *

*I . MAIZE STARCH*

*III . WHEAT STARCH*

*IV . POTATO STARCH*

*V . OTHER*

11.09*WHEAT GLUTEN , WHETHER OR NOT DRIED*

17.02 B*GLUCOSE AND GLUCOSE SYRUP ; MALTODEXTRINE AND MALTODEXTRINE SYRUP*

*II . OTHER*

17.02 F*CARAMEL : *

*II . OTHER*

21.07 F II*GLUCOSE SYRUP AND MALTODEXTRINE SYRUP , FLAVOURED OR COLOURED*

CCT HEADING NO*DESCRIPTION*

23.02 A*BRAN , SHARPS AND OTHER RESIDUES DERIVED FROM THE SIFTING , MILLING OR WORKING OF CEREALS*

EX 23.03*BREWING AND DISTILLING DREGS AND WASTE ; RESIDUES OF STARCH MANUFACTURE AND SIMILAR RESIDUES : *

*A . RESIDUES FROM THE MANUFACTURE OF STARCH FROM MAIZE ( EXCLUDING CONCENTRATED STEEPING LIQUORS ) . *

*B . OTHER : *

*II . OTHER*

23.06*PRODUCTS OF VEGETABLE ORIGIN OF A KIND USED FOR ANIMAL FOOD , NOT ELSEWHERE SPECIFIED OR INCLUDED : *

*A . ACORNS , HORSE CHESTNUTS AND POMACE OR MARC OF FRUIT : *

*II . OTHER*

23.07*SWEETENED FORAGE ; OTHER PREPARATIONS OF A KIND USED IN ANIMAL FEEDING : *

*EX B . OTHER , CONTAINING , SEPARATELY OR TOGETHER AND WHETHER OR NOT MIXED WITH OTHER PRODUCTS , STARCH , GLUCOSE , MALTODEXTRINE , GLUCOSE SYRUP OR MALTODEXTRINE SYRUP FALLING WITHIN SUBHEADINGS 17.02 B AND 21.07 F II OR MILK PRODUCTS ( 1 ) , EXCEPT PREPARATIONS AND FEEDINGSTUFFS CONTAINING 50 % OR MORE BY WEIGHT OF MILK PRODUCTS*

( 1 ) FOR THE PURPOSES OF THIS SUBHEADING THE EXPRESSION " MILK PRODUCTS " MEANS THE PRODUCTS FALLING WITHIN HEADING NOS 04.01 , 04.02 , 04.03 AND 04.04 AND WITHIN SUBHEADINGS 17.02 A AND 21.07 F I . "

7 . THE FOLLOWING ANNEX SHALL BE ADDED :

" ANNEX D

NIMEXE CODE ( 1 )**

07.06-30*MANIOC*

07.06-90*SWEET POTATOES*

23.02-01*BRANS : MAIZE , RICE ( MAXIMUM 35 % STARCH ) *

23.02-09*BRANS : MAIZE , RICE ( MORE THAN 35 % STARCH ) *

23.02-21*BRANS : OTHER ( MAXIMUM 28 % STARCH ) *

23.02-29*BRANS : OTHER ( MORE THAN 28 % STARCH ) *

23.03-81*BEET PULP*

23.03-15*MAIZE GLUTEN FEED*

23.03-90*BREWERS GRAINS*

23.04-06*MAIZE GERM CAKE 3 % FAT*

23.04-08*MAIZE GERM CAKE 3 TO 8 % FAT*

23.06-20*GRAPE MARC*

23.06-50*FRUIT WASTE : CITRUS PEELS*

23.06-90*OTHER FRUIT WASTE*

( 1 ) THE COMPLETE DESCRIPTION OF THE PRODUCTS IS GIVEN IN COMMISSION REGULATION ( EEC ) NO 3823/81 OF 15 DECEMBER 1981 . "

ARTICLE 2

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

ARTICLE 1 ( 1 ) AND ( 4 ) SHALL APPLY FROM 1 JULY 1983 .

ARTICLE 1 ( 2 ) SHALL APPLY FROM 16 MAY 1982 .

ARTICLE 1 ( 3 ) ( 5 ) , ( 6 ) AND ( 7 ) SHALL APPLY FROM 1 AUGUST 1982 .

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

DONE AT BRUSSELS , 18 MAY 1982 .

FOR THE COUNCIL

THE PRESIDENT

P . DE KEERSMAEKER

( 1 ) OJ NO C 104 , 26 . 4 . 1982 , P . 25 .

( 2 ) OJ NO C 114 , 6 . 5 . 1982 , P . 1 .

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

( 4 ) OJ NO L 198 , 20 . 7 . 1981 , P . 2 .