CELEX: 31975R0764
Language: en
Date: 1975-03-24 00:00:00
Title: Regulation (EEC) No 764/75 of the Commission of 24 March 1975 amending Regulation (EEC) No 2012/74 laying down detailed rules of application as regards production refunds in the cereals and rice sector

No L 76/24                                Official Journal of the European Communities                               25 . 3 . 75
                                REGULATION ( EEC) No 764/75 OF THE COMMISSION
                                                         of 24 March 1975
                amending Regulation (EEC) No 2012/74 laying down detailed rules of applica­
                            tion as regards production refunds in the cereals and rice sector
THE COMMISSION OF THE EUROPEAN                                       Whereas Regulation (EEC) No 10/75 effectively
COMMUNITIES,                                                         deleted that provision of Article 2 (3) of Regulation
                                                                     ( EEC) No 2012/75 whereby certain sums paid to the
Having regard to the Treaty establishing the European                person entitled to the refund were to be repaid ;
Economic Community ;                                                 whereas Article 4(4) of Regulation (EEC) No 2012/74
                                                                     has therefore become superfluous ;
Having regard to Council Regulation No 120/
67/ EEC (') of 13 June 1967 on the common organiza­                  Whereas the measures provided for in this Regulation
tion of the market in cereals, as last amended by Regu­              are in accordance with the Opinion of the Manage­
lation (EEC) No 85/75 (2) ;                                          ment Committee for Cereals ,
Having regard to Council Regulation No 359/
67/ EEC (3) of 25 July 1967 on the common organiza­
                                                                     HAS ADOPTED THIS REGULATION :
tion of the market in rice, as last amended by Regula­
tion ( EEC) No 476/75 (4) ;
Having regard to Council Regulation ( EEC) No                                                  Article 1
11 32/74 (5 ) of 29 April 1974 on production refunds in
the cereals and rice sector, as last amended by Regula­              The following subparagraphs are added to Article 4 (3)
tion ( EEC) No 31 13/74 (6), and in particular Article 9              of Regulation ( EEC) No 2012/74 :
thereof ;
                                                                          ' However, when proof is furnished, in accordance
Whereas         Commission            Regulation ( EEC) No                with the preceding subparagraphs, that quantity
201 2/ 74 ( 7) of 30 July 1974 laying down detailed rules                 equal to less than 96 % of the amount of the basic
for the application of Regulation (EEC) No 1 132/74 as                    product has been processed, shall be released in
regards production refunds in the cereals and rice                        respect of an amount equal to that of the produc­
sector, as last amended by Regulation (EEC) No                            tion refund payable on the quantity of the basic
 10/75 (8), provides that the production refund shall be                   product which has been processed .
granted only when the person entitled to the refund
has lodged a security equal to the refund requested,                      The security or part thereof not released in accor­
plus 5 % ;                                                                dance with this Article shall be forfeit and applied
                                                                          by way of reimbursement of the refund paid .'
Whereas at present this security may not be released
until the person entitled to the refund has furnished
proof that at least 96 % of the quantity of the basic                                          Article 2
 product placed under official supervision has been
 processed within the period allowed ; whereas experi­                Paragraph 4 of Article 4 of Regulation ( EEC) No
ence has shown that the manufacturer, because of                      2012/ 74 is deleted .
changes in market conditions, is not always in a posi­
 tion to process within the period allowed the quantity
 of products under supervision ; whereas in order to                                           Article 3
 avoid excessive finance costs in such cases it appears
 advisable to provide for the security to be released in              This Regulation shall enter into force on the third day
 respect of an amount equal to that of the production                 following its publication in the Official Journal of
 refund payable on the amount of the basic product                     the European Communities.
actually processed ;
                                                                      Where those concerned so request, it shall be applied
(')  OJ No    117 , 19 . 6 . 1967, p . 2269/ 67 .                     with effect from :
(2)  OJ No    L 11 , 16. 1 . 1975, p. 1 .
 (3) OJ No    174, 31 . 7. 1967, p. 1 .
(")  OJ No    L 52, 28 . 2. 1975, p. 31 .                             — 1 August 1 974 for products covered by Regulation
(5 ) OJ No    L 128 , 10 . 5 . 1974, p. 24 .                               No 1 20 / 67/ EEC ,
(6)  OJ No    L 332, 12. 12. 1974, p. 1 .
 (7) OJ No    L 209, 31 . 7. 1974, p. 44.                             — 1 September 1974 for products covered by Regula­
 (8) OJ No    L 1 , 3 . 1 . 1975, p. 24.                                   tion No 359 / 67/ EEC .
 ---pagebreak--- 25 . 3 . 75                    Official Journal of the European Communities                        No L 76 / 25
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 24 March 1975 .
                                                                   For the Commission
                                                                     P.J. LARDINOIS
                                                               Member of the Commission