CELEX: 31977R0120
Language: en
Date: 1977-01-21 00:00:00
Title: Commission Regulation (EEC) No 120/77 of 21 January 1977 laying down detailed rules with respect to aid for durum wheat for the 1977/78 marketing year

No L 19/28                                   Official Journal of the European Communities                              22 . 1 . 77
                                       COMMISSION REGULATION ( EEC) No 120/77
                                                           of 21 January 1977
              laying down detailed rules with respect to aid for durum wheat for the 1977 /78
                                                             marketing year
THE COMMISSION OF THE EUROPEAN                                          saction is carried out is considered as being the date
COMMUNITIES,                                                           of the event in which        the aid becomes due and
                                                                        payable ; whereas in the case of durum wheat such
Having regard to the Treaty establishing the European                  event occurs on harvest ; whereas, in view of the diffi­
Economic Community,                                                     culty of determining the exact date of harvest in each
                                                                        case, the date to be taken as the representative date of
Having regard to Council Regulation ( EEC) No                           harvest should be the first day of the marketing year
2727/75 of 29 October 1975 on the common organiza­                      in respect of which the entitlement to aid arises ;
tion of the market in cereals (>), as last amended by
Regulation (EEC) No 31 38 /76 (2), and in particular                    Whereas the measures provided for in this Regulation
Article 10 (5) thereof,                                                 are in accordance with the opinion of the Manage­
                                                                        ment Committee for Cereals,
Whereas Council Regulation (EEC) No 3103/ 76 of 16
December 1976 on aid for durum wheat (3), laid down
general rules with respect to aid for durum wheat ;
                                                                        HAS ADOPTED THIS REGULATION :
whereas the Commission must lay down the detailed
rules for their application ;
                                                                                                Article 1
Whereas the criteria for the determination of qualita­
tive and technical characteristics have been laid down
by Council Regulation (EEC) No 3103/ 76 ; whereas                       For the 1977/78 marketing year the aid referred to in
such characteristics must guarantee that the durum                      Article 10 of Regulation ( EEC) No 2727/75 shall be
wheat is capable of being made into semolina or pasta                   granted for durum wheat produced in the Community
meeting certain requirements for human consump­                         in  accordance with the conditions set out in the
tion ; whereas the best indicator of these is the sticki­               following Articles .
ness of the pasta when cooked ;
Whereas pursuant to Article 4 of Regulation ( EEC)                                              Article 2
No 3103/76 Member States are to institute a system of
administrative supervision to ensure that the product                   In order to be eligible for the aid the durum wheat
for which aid is requested meets the conditions laid                    shall either :
down . for the granting thereof ; whereas an application
for aid must contain a minimum number of particu­                       — have qualitative and technical characteristics esta­
lars to enable Member States to make the necessary                          blishing that pasta made therefrom is not sticky
checks ; whereas Article 5 of Regulation ( EEC) No                          when cooked , or
3103/76 provides for a spot check of the accuracy of                    — have been produced from seed of certain varieties
statements ; whereas , if such checks are to be effective ,                 whose possession of such characteristics can be
they must be carried out upon a sufficiently represen­                      verified by the Member States.
tative number of aid applications ;
Whereas, pursuant to Article 4 ( 2) of Council Regula­                                          Article 3
tion ( EEC) No 1134/ 68 of 30 July 1968 laying down
rules for the implementation of Regulation ( EEC) No                    The aid may be granted only for areas :
653/ 68 on conditions for alterations to the value of
the unit of account used for the common agricultural                    (a) within :
policy (4), the amount of the aid is to be converted
into national currency at the rate prevailing on the                        — the regions specified in the Annex to Regula­
date the transaction or part transaction is carried out ;                       tion ( EEC) No 1144/76,
whereas under Article 6 thereof the time when a tran­
                                                                            — less-favoured agricultural areas within the
                                                                                meaning of Council Directive 75/268 / EEC on
(')  OJ No  L 281 , 1 . 1 1 . 1 975 , p. 1 .
(2)  OJ No  L 354,  24 . 12 . 1976 , p. 1 .                                     mountain and hill farming and farming in
(3 ) OJ No  L 351 , 21 . 12 . 1976 , p. I.                                      certain less-favoured areas , considered as such
(4 ) OJ No  L 188 , 1 . 8 . 1968 , p. 1 .                                       on 1 August 1 977 ;
 ---pagebreak--- 22 . 1 . 77                        Official Journal of the European Communities                         No L 19/29
(b) which have been fully sown and had all normal             percentage of the applications submitted, taking into
     cultivation work carried out upon them ;                 account the geographical distribution of the areas
                                                              concerned .
(c) for which an application has been submitted in
     accordance with Article 4, such application to be
     treated as equivalent to a declaration of the areas      Such percentage shall not in any case be less than
     cultivated .                                             5 %.
                         Article 4
 1.    Every producer of durum wheat wishing to                                      Article 6
obtain aid shall submit an application therefor to the
competent agency in the Member State concerned
before a date to be fixed by that Member State and in         1 . The Member State shall pay the aid for durum
any event not later than 30 April 1977.                       wheat by 30 April 1978 at the latest.
2. The application for aid shall include at least the
following particulars :                                       2. The event within the meaning of Article 6 of
— the name, forenames and address of the applicant,           Regulation (EEC) No 1134/68 in which the aid
                                                              becomes due and payable shall be regarded as
— the areas cultivated in hectares and in ares , the
                                                              occuring on 1 August 1977.
     cadastral reference of such areas or an indication
     recognized as equivalent by the agency responsible
     for checking the areas,
— the variety of seed used .                                                         Article 7
                         Article 5
                                                              This Regulation shall enter into force on the third day
The checks provided for in Article 5 of Regulation            following its publication in the Official Journal of
(EEC) No 3103/76 shall cover at least a representative        the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 21 January 1977.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President