CELEX: 31975R1955
Language: en
Date: 1975-07-22 00:00:00
Title: Regulation (EEC) No 1955/75 of the Council of 22 July 1975 on production refunds in the cereals and rice sectors

31 . 7. 75                                   Official Journal of the European Communities                              No L 200 / 1
                                                                      I
                                                    (Acts whose publication is obligatory)
                                    REGULATION ( EEC) No 1955/75 OF THE COUNCIL
                                                              of 22 July 1975
                                    on production refunds in the cereals and rice sectors
THE COUNCIL OF THE EUROPEAN                                               between the use of these products and the use of
COMMUNITIES,                                                              maize ; whereas, however, the level of the abovemen­
                                                                          tioned refunds should be guaranteed only in so far as
Having regard to the Treaty establishing the European                     the price of the basic products on the world market is
Economic Community ;                                                      situated below the threshold price for each of these
                                                                          products ;
Having regard to Council Regulation No 120/
67/ EEC (') of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­                   Whereas on account of the connection between the
lation (EEC) No 665/75 (2), and in particular Article                     production prices of the raw materials used in the
 1 1 (3) thereof ;                                                        manufacture of cereal and potato starches and of the
                                                                          interchangeability of these two products, a balanced
Having regard to Council Regulation No 359/                               relationship should be maintained between the prices
67/ EEC (3 ) of 25 July 1967 on the common organiza­                      of these products ; whereas the refund granted should
tion of the market in rice, as last amended by Regula­                    therefore be the same for both of these products ;
tion (EEC) No 668 /75 (4), and in particular Article 9                    whereas, however, the refund paid to producers of
(2) thereof ;                                                             potato starch should be such as to assure Community
Having regard to the proposal from the Commission ;                       potato producers of a price allowing them a fair
                                                                          income , while the market conditions for cereals used
Whereas, on account of the special situation on the                       in starch manufacture and the common market organi­
market in starches and, in particular, the need for the                   zations governing them are such as to ensure that
starch industry to ensure that its prices are competi­                    their price is in fact held at the level of the threshold
tive with those of substitute products, Regulations No                    price ; whereas steps should therefore be taken to
 120/ 67/ EEC and No 359 /67/ EEC provided for the                        ensure that potato producers ultimately benefit from
granting of a production refund , in order that the                       the refund paid to producers of potato starch ;
starch industry might obtain the basic products it
requires at a lower price than that which would result
from the application of the rules of the common                           Whereas the production refund to be granted on
organization of the markets in the products in ques­                      groats and meal for the manufacture of glucose by the
tion ;                                                                    process known as direct hydrolysis should be fixed at
                                                                          such a level as to achieve a balance between glucose
Whereas an assessment of the situation resulting from                     manufactured by such a process and glucose manufac­
the level of common prices and from the competition                       tured from starch ;
between , on the on hand maize starch , rice starch and
 potato starch and on the other, the substitute chem­
 ical products, indicates that the production refund on                   Whereas, in the event of appreciable and persistent
 maize used in starch manufacture should be fixed at                      variations in the world price of maize, common wheat
  1 ()•()() units of account per metric ton ; whereas a                   and broken rice , these refunds should be limited , so
 production refund of 16-30 units of account per                          long as world market prices remain high , in such a
 metric ton of common wheat and of 12-30 units of                         way as to avoid disturbances in the Community
 account per metric ton of broken rice used for starch                    market and to prevent the financial burden of produc­
 manufacture would be aimed at ensuring a balance                         tion refunds from becoming excessive ;
(')    OJ   No  117, 29 . 6 . 1967, p . 2269 / 67 .                       Whereas the abovementioned measures should not
(2 )   OJ   No  L 72, 20 . 3 . 1975, p. 14 .
(3)    OJ   No  174, 31 . 7 . 1967, p . 1 .                               disturb the markets in third countries ; whereas, there­
(4 )   OJ   No  L 72, 20 . 3 . 1975, p. IS .                               fore, in the event of an appreciable and persistent
 ---pagebreak--- No L 200 / 2                                   Official Journal of the European Communities                              31 . 7 . 75
increase in prices on the said markets, provision                         3.    Member States shall grant a production refund
should be made for compensatory measures consisting                      on broken rice for the manufacture of starch of 12-30
of the charging of a levy on exported products with a                    units of account per metric ton , less any accession
view to reducing the advantages granted to Commu­                         compensatory amount applicable for broken rice.
nity manufacturers to an appropriate level ;
Whereas under Article 57 of the Act of Accession (')
in fixing the level of the various elements of the price                                           TITLE II
and intervention system , execpt for intervention
prices, account is to be taken for the new Member                                 Production refunds on potato starch
States, to the extent necessary for the proper func­
tioning of Community rules, of the difference in
prices expressed by the compensatory amount ;                                                      Article 2
whereas, however, for the application of this provision ,
the compensatory amount may be reduced in accor­
dance with Article 7 of Council Regulation (EEC) No                       Member States shall grant a production refund of
229/73 (2 ) of 31 January 1973 laying down general                        10 00 units of account per metric ton of potato starch ,
rules for the system of compensatory amounts for                          less any applicable accession compensatory amounts
cereals and fixing these for certain products, as last                    for maize and multiplied by the coefficient 1-61 .
amended by Regulation (EEC) No 2518 /74 (3 ) and
Article 5 of Council Regulation ( EEC) No 243/73 (4 )
of 31 January 1973 laying down general rules for the                                               Article 3
system of compensatory amounts for rice and fixing
these amounts for certain products, as last amended                       1 . The price to be paid to the producer at the deli­
by Regulation (EEC) No 1999/74 (5 ) ;                                     vered-to-factory stage for the quantity of potatoes
                                                                          required to manufacture a metric ton of potato starch
Whereas, for reasons of clarity, it is desirable that the                 shall be equal to the amount of the production refund
 provisions relating to production refunds on cereals                     mentioned in Article 2, increased by an amount of
and rice form the subject of a new Regulation and                         not less than 162-00 units of account .
 that Council Regulation ( EEC) No 1 1 32/ 74 (6) of 29
April 1974 on production refunds in the cereals and                       2. The production refund shall be calculated on the
 rice sectors as amended by Regulation (EEC) No                           basis of the quantity of potatoes delivered to starch
 311 3/74 (7) therefore be repeated ,                                     manufacturers, account being taken of the starch
                                                                          content of the potatoes at the time of delivery.
 HAS ADOPTED THIS REGULATION :
                                                                          It shall be paid in full to the starch manufacturer if he
                                                                          furnishes proof :
                                 TITLE I
                                                                          — of the quantities of potatoes delivered to him and
                                                                               their starch content at the time of delivery ;
            Prodution refunds on cereal starch                            — of payment to the producer of an amount not less
                                                                               than the price fixed in paragraph 1 , account being
                                                                               taken of the starch content of the potatoes .
                                 Article 1
                                                                          Where the price to the producer is less than the
  1.      Member States shall grant a production refund                    minimum referred to in the second indent of the
 on maize for the manufacture of starch of 10-00 units
                                                                           second paragraph , the refund paid to the starch manu­
 of account per metric ton less any accession compen­                      facturer shall be reduced by the difference in question .
 satory amount applicable .
 2.       Member States shall grant a production refund
 on common wheat for the manufacture of starch of
                                                                                                   TITLE III
  16-30 units of account per metric ton , less any acces­
 sion compensatory amount applicable for common
 wheat .
                                                                                   Production refunds on maize groats
                                                                                         and meal and broken rice
   ')  0|  No L  73 , 27 . 3 . 1972 , p . 14 .
  -)   OJ  No L  27 , 1 . 2 . 1973 , p . 25 .
  ■')  OJ  No L  270 , 5 . 10 . 1974, p . 1 .                                                      Article 4
  4)   Of  No  L 29 , 1 . 2 . 1 973 , p . 26 .
  5 ) O'l No L 209 , 31 . 7. 1974, p. 5 .
  b) O'l No L 1 28 , 10 . 5. 1974, p. 24.                                  Member States shall grant a production refund on
   7 ) OJ No L 332 , 12 . 12 . 1974, p . 1 .                               maize groats and meal for the manufacture of glucose
 ---pagebreak--- 31 . 7 . 75                          Official Journal of the European Communities                          No L 200/3
under subheading 17.02 B II of the Common                      of the quantity of products for which production
Customs Tariff ( ! ) by the process known as direct             refunds have been paid .
hydrolysis.
The production refund per metric ton of maize groats                                    Article 8
and meal so used shall be 10-00 units of account less
any applicable accession compensatory amount for                Detailed rules for the application of this Regulation
maize and multiplied by the coefficient 1-23 .                 shall be adopted in accordance with the procedure
                                                                laid down in Article 26 of Regulation No 120/67/ EEC
                           Article 5                           and Article 26 of Regulation No 359/67/EEC in parti­
                                                               cular as regards :
Member States shall take all necessary measures to
ensure that the refund referred to in Article 4 is             (a) the export levy referred to in Article 6 (2) ;
limited to the quantities of maize groats and meal             (b) the granting of advances on production refunds
actually used in the Community by the glucose                       which may involve the giving of security ;
industry.
                                                               (c) the calculation , in accordance with a scale drawn
                                                                    up in terms of the starch content of the product,
                           TITLE IV                                 of the quantity of potatoes required to manufac­
                                                                    ture 1 metric ton of starch ;
                    General provisions
                                                               (d) the conditions under which potatoes are accepted
                           Article 6                                and paid for and the conditions under which the
                                                                    proof mentioned in the second subparagraph of
 1.    If the prices of the basic products mentioned in             Article 3 (2) must be furnished.
Article 1 show appreciable and persistent variations
on the world market in relation to their respective
                                                                                        Article 9
threshold prices less the production refund, the
production refunds specified in Articles 1 , 2 and 4            Regulation (EEC) No 1132/74 is hereby repealed with
may be altered by the Council acting on a qualified             effect from the dates referred to in Article 10 for the
majority on a proposal from the Commission .                    products mentioned therein .
2.     If the world market price of maize, common
wheat or broken rice appreciably and persistently               However, this Regulation shall remain applicable for
exceeds its respective threshold price less the produc­         the refunds granted for the products in question
                                                               before these dates .
tion refund, an export levy shall be introduced for
products falling within headings 11.08 A, 11.09, 17.02
B II , 17.05 B and 23.03 A I of the Common Customs                                     Article 10
Tariff to compensate for this excess . The Commission
shall fix the export levy.                                     This Regulation shall enter into force :
                                                               — on 1 August 1 975, for products covered by Regula­
                           Article 7
                                                                    tion No 120 / 67/ EEC,
Member States shall inform the Commission not later            — on 1 September 1975, for products covered by
than four months after the end of the marketing year                Regulation No 359/67/ EEC.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                Done at Brussels, 22 July 1975 .
                                                                            For the Council
                                                                             The President
                                                                             G. MARCORA
(') Pursuant to Regulation No 189/ 66/ EEC, the products
    falling within tariff subheading 17.02 B I are subject to
    the same arrangements as those laid down for products
    falling within subheading 17.02 B II .