CELEX: 31975R0010
Language: en
Date: 1974-12-31 00:00:00
Title: Regulation (EEC) No 10/75 of the Commission of 31 December 1974 amending Regulation (EEC) No 2012/74 laying down detailed rules as regards production refunds in the cereals and rice sectors

No L 1 /24                                  Official Journal of the European Communities                              3 . 1 . 75
                                  REGULATION ( EEC) No 10/75 OF THE COMMISSION
                                                           of 31 December 1974
                amending Regulation (EEC) No 2012/74 laying down detailed rules as regards
                                       production refunds in the cereals and rice sectors
 THE COMMISSION OF THE EUROPEAN                                         HAS ADOPTED THIS REGULATION :
  COMMUNITIES,
  Having regard to the Treaty establishing the European
                                                                                                 Article 1
  Economic Community ;
  Having regard to Council Regulation No 120/                           The text of Article 2 (3) of Regulation (EEC) No
  67/ EEC (') of 13 June 1967 on the common organiza­                   2012/74 shall be replaced by the following :
 tion of the market in cereals, as last amended by Regu­
  lation (EEC) No 1 996/74 (2) ;                                            'The production refund shall be calculated by refer­
                                                                            ence to the threshold price applicable on the day
 Having regard to Council Regulation No 359/
                                                                            on which the application for the basic product to
 67/ EEC (3) of 25 July 1967 on the common organiza­
                                                                            be placed under official supervision was accepted
 tion of the market in rice, as last amended by Regula­
                                                                            and shall be paid within 30 days following accep­
 tion (EEC) No 1 1 29/74 (4) ;
                                                                            tance of such application .
 Having regard to Council Regulation (EEC) No
  11 32/74 (5) of 29 April 1974 on production refunds in                    The production refund shall be increased by the
 the cereals and rice sectors, as last amended by                           difference between the threshold prices, where the
 Council Regulation (EEC) No 31 13/74 (6) ;                                 threshold price for the basic product concerned
                                                                            applicable on the day of processing is more than
 Whereas Regulation (EEC) No 201 2/74 (7) lays down                         the threshold price applicable on the day on
 that the production refund is adjusted by reference to                     which the application for the product to be placed
 the threshold price of the basic product concerned ;                       under official supervision was accepted . The
 whereas this adjustment is not economically justified                      amount of this increase shall be paid by the
 where the threshold price applicable on the day of                         competent agency to the person entitled to the
 processing is less than the price applicable on the day                    refund within 30 days following the day of
 which the application for the product to be placed                         processing. However, no adjustment shall be made
 under official supervision was accepted ;                                  in respect of that part of the change in the
 Whereas where the amounts laid down in Articles 1 , 4                      threshold price resulting from the decision to
 and 5 of Regulation (EEC) No 1132/74 are amended                           increase prices of 7 October 1974.
 in order to establish equitable conditions for competi­
 tion between producers, it is necessary to provide for a                   Where the amounts laid down in Article 1 ( 1 ) and
 corresponding adjustment to the production refund ;                        (2), Article 4 (2) and Article 5 (2) of Regulation
                                                                            (EEC) No 1132/74 are adjusted between the day
 Whereas, in order to guarantee the actual repayment                        on which the application for the basic product to
 of the adjustment which where applicable is to be                          be placed under official supervision is accepted
 made by the person entitled to the refund to the                           and the day of processing, the production refund
 competent agency, provision should be made that the                        shall be adjusted for 100 kg of the basic product in
 security is not released until after this repayment has                    proportion to this adjustment. The amount of this
 been made ;                                                                adjustment shall be :
Whereas for reasons of clarity it is advisable to repu­                     (a) repaid by the person entitled to the production
blish the whole of Article 2 (3) of Regulation ( EEC)                            refund to the competent agency where the
 No 20 1 2/ 74 ;                                                                 adjustment necessitates a reduction in the
Whereas the measures provided for in this Regulation                             production refund ; or
are in accordance with the Opinion of the Manage­                           (b) shall be paid by the competent agency to the
ment Committee for Cereals ,
                                                                                 person entitled to the refund where the adjust­
                                                                                 ment necessitates an increase in the produc­
(>)  OJ  No  117, 19 . 6 .  1967, p . 2269 / 67 .
{2 ) OJ  No  L 209 , 31 .  7 . 1974, p. 1 .                                      tion refund within 30 days following the day of
(3)  OJ  No  174, 31 . 7.   1967, p . 1 .                                        processing'.
(4 ) OJ  No  L 128 , 10 .  5 . 1974, p. 20 .
(5)  OJ  No  L 128 , 10 .  5 . 1974, p . 2 .
(b)  OJ  No  L 332, 12 .   12 . 1974, p . 1 .                           For the new Member States , the amount to be taken
( 7) OJ  No  L 209 , 31 .  7 . 1974, p . 44 .                           as the threshold price shall be the threshold price of
 ---pagebreak--- 3 . 1 . 75                          Official Journal of the European Communities                         No L 1 / 25
the basic product less the relevant accession compensa­               96 % of the quantity of the basic product
tory amount. However, for the purposes of the adjust­                 placed under supervision has been processed
ment referred to in the preceding paragraph, the acces­               not later than 90 days following acceptance of
sion compensatory amount to be deducted from the                      the application for the product to be placed
threshold price valid for the month during which                      under official supervision,
processing takes place shall be that valid on the day
on which the application for official supervision is              (b) where applicable, the amount referred to in the
accepted.                                                             first indent of the third paragraph of Article
                                                                      2 (3) has been repaid .'
                          Article 2
The text of the first paragraph of Article 4 (3) of Regu­
lation (EEC) No 2012/74 shall be replaced by the                                      Article 3
following :
      'The security shall be released when :                   This Regulation shall enter into force the day of its
      (a) the person entitled to the refund has furnished      publication is the Official Journal of the European
          proof to the competent agency that at least          Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels , 31 December 1974 .
                                                                         For the Commission
                                                                           P.J. LARDINOIS
                                                                    Member of the Commission