CELEX: 51986PC0030(03)
Language: en
Date: 1986-02-11
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN GENERAL RULES FOR THE APPLICATION OF THE CO-RESPONSABILITY LEVY ON CEREALS

NoC53/10                                Official Journal of the European Communities                                     7.3.86
              Proposal for a Council Regulation laying down general rules for the application of the
                                                 coresponsibility levy on cereals
                                                       COM(86) 30 final
                              (Submitted by the Commission to the Council on 12 February 1986)
                                                         (86/C 53/08)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             HAS ADOPTED THIS REGULATION:
Having regard to the Treaty establishing the European                                         Article 1
Economic Community,
                                                                     Producers shall be subject to the coresponsibility levy
                                                                     provided for in Article 4 of Regulation (EEC) No
Having regard to Council Regulation (EEC) No
                                                                     2727/75 in respect of quantities of the cereals specified
2727/75 of 29 October 1975 on the common organi-
                                                                     in Article 1 (a) and (b) of the said Regulation placed on
zation of the market in cereals (*), as last amended by
                                                                     the market or sold into intervention under the terms of
Regulation (EEC) No . . ./. ., and in particular Article 4
                                                                     this Regulation.
(4) thereof,
Having regard to the proposal from the Commission,                                            Article 2
                                                                     With a view to fixing the coresponsibility levy, account
Whereas Article 4 of Regulation (EEC) No 2727/75                     shall be taken of the costs to the budget arising from
instituted a coresponsibility levy to be paid by producers           intervention within the meaning of Regulation (EEC)
on cereals produced in the Community and placed on                   No 729/70 in respect of quantities of cereals in excess of
the market or sold to an intervention agency; whereas                a reference level corresponding to the quantities of
general implementing rules should be determined as                   cereals used in the Community and not subject to
regards in particular, on the one hand, the main factors             intervention, together with imports of the products set
to be taken into account when fixing the amount thereof              out in Annex D to Regulation (EEC) No 2727/75.
and, on the other, the transactions giving rise to payment
thereof;
                                                                                              Article 3
Whereas the objective of the coresponsibility levy is to             1.    For the purposes of this Regulation, 'placing on the
make producers more aware of market realities and to                 market' shall mean:
make them contribute towards the financing of the costs
to the budget of surplus production; whereas this should             — sales by producers to collection undertakings, traders
be taken to mean their making a contribution to the                      and the processing industry,
costs relating to the quantities of cereals in excess of a
reference level, defined as all uses not subject to the              — sales by producers to other producers,
various intervention measures within the meaning of
Council Regulation (EEC) No 729/70 (2), as last                      — deliveries of cereals by producers for processing with
amended by Regulation (EEC) No . . . / . . ; whereas,                    a view to subsequent use on their holdings.
however, in accordance with Article 4 (2) of Regulation
(EEC) No 2727/75, the reference level must include                   2.    In the case of sales to intervention agencies, only
imports of certain grain substitutes in order to take                direct sales by producers shall attract the levy.
account of the fact that such products take the place of
cereals harvested in the Community;
                                                                                              Article 4
Whereas, with a view to achieving the objective pursued,             The coresponsibility levy may only be collected once in
in the interests of economic efficiency and to avoid the             respect of a given quantity of cereals.
misuse of the mechanisms contemplated, and taking into
account the levy-free quantity of 25 tonnes per year
                                                                                              Article 5
allowed to each producer, the concept of placing on the
market should be defined broadly;                                    1.    The levy shall be paid, as the case may be, to the
                                                                     buyer or to the undertaking which takes delivery. It shall
Whereas, in order to facilitate control, the levy-free               be transferred each month for transactions carried out
quantity must be applied by reimbursing the levy to the              the previous month to the competent agency appointed
producer on the basis of appropriate supporting                      for the purpose by each Member State.
documents,
                                                                     2.    In the case of direct sales to intervention agencies
                                                                     in accordance with Article 3 (2) the levy shall be
O OJNoL281, 1. 11. 1975, p. 1.                                       deducted from the amount paid by the intervention
O OJ No L 94, 28. 4. 1970, p. 13.                                    agency to the producer.
 ---pagebreak--- 7.3.86                                        Official Journal of the European Communities                                No C 53/11
                               Article 6                                  shall determine the requisite rules to ensure the
                                                                          collection of the levy and the administrative penalties
For the purposes of the second subparagraph of Article 4                  incurred where the provisions of this Regulation are not
(1) of Regulation (EEC) No 2727/75, the competent                         complied with.
agency shall reimburse the levy to the producer
concerned in respect of up to 25 tonnes on presentation                                               Article 8
of evidence that at least an equal quantity of cereals has
been placed on the market or sold directly to an                          This Regulation shall enter into force on the third day
intervention agency.                                                      following that of its publication in the Official Journal of
                                                                           the European Communities.
                               Article 7                                  It shall apply from 1 July 1986.
In accordance with the procedure laid down in Article                     This Regulation shall be binding in its entirety and
26 of Regulation (EEC) No 2727/75, the Commission                          directly applicable in all Member States.
                Proposal for a Council Regulation laying down general rules for intervention on the market in
                                                                   cereals
                                                             COM(86) 30 final
                                    (Submitted by the Commission to the Council on 12 February 1986)
                                                               (86/C 53/09)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                   are taken over in the offerer's warehouse, the transport
                                                                           and removal costs should be deducted from the
                                                                           intervention price since they have not in fact been borne
Having regard to the Treaty establishing the European
                                                                           by him;
Economic Community,
                                                                          Whereas, under the present arrangements,                 the
Having regard to Council Regulation (EEC) No                               intervention agency is required actually to take over the
2727/75 of 29 October 1975 on the common organ-                            goods offered to it in the warehouses available for this
ization of the market in cereals ('), as last amended by                   purpose; whereas this requirement may in certain cases
Regulation (EEC) No . . ./. ., and in particular Article 7                 result in the intervention agency securing storage
(4) thereof,                                                               facilities available at a great distance from the place
                                                                           where the goods are located at the time the offer is
Having regard to the proposal from the Commission,                         made, thereby incurring substantial transport costs;
                                                                           whereas provision should accordingly be made for the
                                                                           intervention agency to be able to demand storage in the
Whereas Council Regulation (EEC) No 2738/75 of 29                          warehouse of the seller;
October 1975 laying down general rules for intervention
on the market in cereals (2) was adopted at a time when
                                                                           Whereas intervention stocks should be managed in the
intervention prices were fixed at levels varying according
                                                                           light of market developments in the Community over the
to intervention centres; whereas that regional price-
                                                                           year; whereas, to this end, provisions should be made for
fixing system has subsequently been replaced by a single
                                                                           conditions of resale allowing for speedy, effective
intervention price system; whereas the provisions should
                                                                           adjustment to these trends;
accordingly be adapted to this new situation;
                                                                           Whereas cereals held by intervention agencies should be
Whereas, where goods offered for intervention must be                      offered for sale without discriminating between buyers
transported to the warehouse designated by the                             established in the Community and at prices avoiding
intervention agency, the offerer bears the costs of                        disturbances of the market; whereas normally the system
transport and of removal from his warehouse in                             of invitations to tender enables this objective to be
accordance with the definition of the intervention price,                  attained; whereas, however, in special circumstances
which is fixed for goods delivered at the warehouse,                       other selling procedures must be permitted;
before unloading; whereas, to be fair, where the goods
                                                                           Whereas the provisions of this Regulation replace those
(•) O J N o L 2 8 1 , 1. 11. 1975, p. 1.                                   of Regulation (EEC) No 2738/75; whereas that Regu-
O O J N o L 2 8 1 , 1. 11. 1975, p. 49.                                    lation should accordingly be repealed,