COMMISSION PROPOSAL on the prices for agricultural products VOLUME III Legal instruments - Proposal for a COUNCIL REGULATION amending Regulation (EEC) No 1766/92 on the common organisation of the market in cereals

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission [1],

[1] OJ C

Having regard to the opinion of the European Parliament [2],

[2] OJ C

Having regard to the opinion of the Economic and Social Committee [3],

[3] OJ C

Whereas:

(1) Article 3(2) of Council Regulation (EEC) No 1766/92 [4], as last amended by Regulation (EC) No 1253/1999 [5], provides for the intervention price to be subject to monthly increases. This mechanism seeks to take account, to some extent, of storage costs and financing charges for storing cereals in the Community and of the need to ensure that stocks are disposed of in line with market requirements. In accordance with the approach followed for the reform of the common organisation of the markets in connection with Agenda 2000 and in order to enable producers to organise their production over several years, the number and amount of the monthly increases should be fixed without any limit in time, without prejudice to any revisions that may be called for in the future.

[4] OJ L 181, 1.7.1992, p. 21.

[5] OJ L 160, 26.6.1999, p. 18.

(2) With a view to facilitating market management and forestalling any risk of regional difficulties arising in the application of the intervention mechanism where different buying-in periods exist in neighbouring countries within the same geographical area and enjoying the same climatic conditions, the buying-in period should be the same throughout the northern countries of the Community.

(3) With an eye to simplification and legislative clarity, the provisions of Regulation (EEC) No 1766/92 that are not relevant should be deleted at the same time.

(4) Furthermore, in compliance with the provisions adopted by the Council on the subject of comitology, the corresponding provisions of Regulation (EEC) No 1766/92 should be amended. Since the measures necessary for the implementation of this Regulation are management measures within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [6], they should be adopted by use of the management procedure provided for in Article 4 of that Decision,

[6] OJ L 184, 17.7.1999, p. 23.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1766/92 is amended as follows:

1. Article 3(2) is replaced by the following:

"2. The intervention price shall be subject to monthly increases in accordance with the table set out in Annex D."

2. Article 4(2) is replaced by the following:

"2. Buying-in may take place only in the following periods:

- from 1 August to 30 April in the case of Italy, Spain, Greece and Portugal,

- from 1 November to 31 May in the case of the other Member States."

3. Articles 20 and 22 are deleted.

4. Article 23 is replaced by the following:

«Article 23

1. The Commission shall be assisted by a committee, the Management Committee for Cereals, composed of representatives of the Member States and chaired by the representative of the Commission.

2. Where reference is made to this paragraph, the management procedure laid down in Article 4 of Decision 1999/468/EC shall apply, in compliance with Article 7(3) thereof.

3. The period provided for in Article 4(3) of Decision 1999/468/EC shall be one month."

5. The following Annex is added:

ANNEX D Monthly increases in the intervention price

>TABLE POSITION>

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

However, Article 1(2) shall apply from 1 July 2000.

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

Done at Brussels,

For the Council

The President