CELEX: 31977R2835
Language: en
Date: 1977-12-19 00:00:00
Title: Commission Regulation (EEC) No 2835/77 of 19 December 1977 laying down detailed rules with respect to aid for durum wheat

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31977R2835

Commission Regulation (EEC) No 2835/77 of 19 December 1977 laying down detailed rules with respect to aid for durum wheat  

Official Journal L 327 , 20/12/1977 P. 0009 - 0010 Greek special edition: Chapter 03 Volume 19 P. 0206  Spanish special edition: Chapter 03 Volume 13 P. 0160  Portuguese special edition Chapter 03 Volume 13 P. 0160 

****( 1 ) OJ NO L 281 , 1 . 11 . 1975 , P . 1 .  ( 2 ) OJ NO L 158 , 29 . 6 . 1977 , P . 1 .  ( 3 ) OJ NO L 351 , 21 . 12 . 1976 , P . 1 .  ( 4 ) OJ NO L 188 , 1 . 8 . 1968 , P . 1 .    COMMISSION REGULATION ( EEC ) NO 2835/77   OF 19 DECEMBER 1977   LAYING DOWN DETAILED RULES WITH RESPECT TO AID FOR DURUM WHEAT   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2727/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1386/77  ( 2 ), AND IN PARTICULAR ARTICLE 10 ( 5 ) THEREOF ,   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 ; WHEREAS THE COMMISSION MUST LAY DOWN THE DETAILED RULES FOR THEIR APPLICATION ;   WHEREAS THE CRITERIA FOR DETERMINATING THE QUALITATIVE AND TECHNICAL CHARACTERISTICS WERE LAID DOWN BY REGULATION ( EEC ) NO 3103/76 ; WHEREAS SUCH CHARACTERISTICS MUST GUARANTEE THAT THE DURUM WHEAT IS CAPABLE OF BEING MADE INTO SEMOLINA OR PASTA MEETING CERTAIN REQUIREMENTS FOR HUMAN CONSUMPTION ; WHEREAS THE BEST INDICATOR OF THESE IS THE STICKINESS OF THE PASTA WHEN COOKED ;   WHEREAS ARTICLE 4 OF REGULATION ( EEC ) NO 3103/76 PROVIDES THAT MEMBER STATES ARE TO INTRODUCE A SYSTEM OF ADMINISTRATIVE SUPERVISION TO ENSURE THAT THE PRODUCT FOR WHICH AID IS REQUESTED MEETS THE REQUIREMENTS FOR GRANTING SUCH AID ; WHEREAS AN APPLICATION FOR AID MUST CONTAIN A MINIMUM NUMBER OF PARTICULARS TO ENABLE MEMBER STATES TO MAKE THE NECESSARY CHECKS ; WHEREAS ARTICLE 5 OF REGULATION  ( EEC ) NO 3103/76 PROVIDES FOR A RANDOM ON-THE-SPOT-CHECK TO ASCERTAIN THE ACCURACY OF THE DECLARATIONS ; WHEREAS , IF SUCH CHECKS ARE TO BE EFFECTIVE , THEY MUST BE CARRIED OUT UPON A SUFFICIENTLY REPRESENTATIVE NUMBER OF APPLICATIONS FOR AID ;   WHEREAS ARTICLE 4 ( 2 ) OF COUNCIL REGULATION ( EEC ) NO 1134/68 OF 30 JULY 1968 LAYING DOWN RULES FOR THE IMPLEMENTATION OF REGULATION ( EEC ) NO 653/68 ON CONDITIONS FOR ALTERATIONS TO THE VALUE OF THE UNIT OF ACCOUNT USED FOR THE COMMON AGRICULTURAL POLICY ( 4 ) PROVIDES THAT THE AMOUNT OF THE AID IS TO BE CONVERTED INTO NATIONAL CURRENCY AT THE RATE PREVAILING ON THE DATE THE TRANSACTION OR PART TRANSACTION IS CARRIED OUT ; WHEREAS UNDER ARTICLE 6 THEREOF THE TIME WHEN A TRANSACTION IS CARRIED OUT IS CONSIDERED AS BEING THE DATE OF THE EVENT IN WHICH THE AID BECOMES DUE AND PAYABLE ; WHEREAS IN THE CASE OF DURUM WHEAT SUCH EVENT OCCURS ON HARVEST ; WHEREAS , IN VIEW OF THE DIFFICULTY OF DETERMINING THE EXACT DATE OF HARVEST IN EACH CASE , THE DATE TO BE TAKEN AS THE REPRESENTATIVE DATE OF HARVEST SHOULD BE THE FIRST DAY OF THE MARKETING YEAR IN RESPECT OF WHICH THE ENTITLEMENT TO AID ARISES ;   WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR CEREALS ,   HAS ADOPTED THIS REGULATION :   ARTICLE 1   THE AID REFERRED TO IN ARTICLE 10 OF REGULATION ( EEC ) NO 2727/75 SHALL BE GRANTED FOR DURUM WHEAT PRODUCED IN THE COMMUNITY IN ACCORDANCE WITH THE CONDITIONS SET OUT IN THE FOLLOWING ARTICLES .   ARTICLE 2   IN ORDER TO BE ELIGIBLE FOR THE AID THE DURUM WHEAT SHALL EITHER :   -  HAVE QUALITATIVE AND TECHNICAL CHARACTERISTICS ESTABLISHING THAT PASTA MADE THEREFROM IS NOT STICKY WHEN COOKED , OR   -  HAVE BEEN PRODUCED FROM SEED OF CERTAIN VARIETIES WHOSE POSSESSION OF SUCH CHARACTERISTICS CAN BE VERIFIED BY THE MEMBER STATES .   ARTICLE 3   WITHIN THE REGIONS OF THE COMMUNITY WHERE THE AID IS PROVIDED FOR , IT MAY BE GRANTED ONLY FOR AREAS :  ( A ) WHICH HAVE BEEN FULLY SOWN AND HAD NORMAL CULTIVATION WORK CARRIED OUT UPON THEM ;  ( B ) 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 CULTIVATED .   ARTICLE 4   1 .  EVERY PRODUCER OF DURUM WHEAT WISHING TO OBTAIN AID SHALL SUBMIT AN APPLICATION THEREFORE TO THE COMPETENT AGENCY IN THE MEMBER STATE CONCERNED BEFORE A DATE TO BE FIXED BY THAT MEMBER STATE AND IN ANY EVENT NOT LATER THAN 30 APRIL EACH YEAR FOR THE FOLLOWING MARKETING YEAR .   2 .  THE APPLICATION FOR AID SHALL INCLUDE AT LEAST THE FOLLOWING PARTICULARS :   -  THE NAME , FORENAMES AND ADDRESS OF THE APPLICANT ,   -  THE AREAS CULTIVATED IN HECTARES AND IN ARES , THE CADASTRAL REFERENCE OF SUCH AREAS OF AN INDICATION RECOGNIZED AS EQUIVALENT BY THE AGENCY RESPONSIBLE FOR CHECKING THE AREAS ,   -  THE VARIETY OF SEED USED .   ARTICLE 5   THE CHECKS PROVIDED FOR IN ARTICLE 5 OF REGULATION ( EEC ) NO 3103/76 SHALL COVER AT LEAST A REPRESENTATIVE PERCENTAGE OF THE APPLICATIONS SUBMITTED , TAKING INTO ACCOUNT THE GEOGRAPHICAL DISTRIBUTION OF THE AREAS CONCERNED .   SUCH PERCENTAGE SHALL NOT IN ANY CASE BE LESS THAN 5 % .   ARTICLE 6   1 .  THE MEMBER STATE SHALL PAY THE AID FOR DURUM WHEAT BY 30 APRIL IN THE MARKETING YEAR IN QUESTION .   2 .  THE EVENT WITHIN THE MEANING OF ARTICLE 6 OF REGULATION  ( EEC ) NO 1134/68 BY WHICH THE AID BECOMES DUE AND PAYABLE SHALL BE REGARDED AS OCCURRING ON 1 AUGUST IN THE MARKETING YEAR IN QUESTION .   ARTICLE 7   THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   IT SHALL APPLY TO DURUM WHEAT IN RESPECT OF WHICH THE AID IS GRANTED WITH EFFECT FROM THE 1978/79 MARKETING YEAR .   THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .   DONE AT BRUSSELS , 19 DECEMBER 1977 .   FOR THE COMMISSION   FINN GUNDELACH   VICE-PRESIDENT