CELEX: 31978R1368
Language: en
Date: 1978-06-22
Title: Commission Regulation (EEC) No 1368/78 of 22 June 1978 laying down the conditions for granting carry-over payments for stocks of common wheat of bread-making quality, rye intended for bread-making and maize remaining at the end of the 1977/78 marketing year

No L 166/26                              Official Journal of the European Communities                             23 . 6. 78
                                   COMMISSION REGULATION (EEC) No 1368/78
                                                         of 22 June 1978
              laying down the conditions for granting carry-over payments for stocks of
              common wheat of bread-making quality, rye intended for bread-making and
                              maize remaining at the end of the 1977/78 marketing year
THE COMMISSION OF THE EUROPEAN                                     and might be early in other regions also, and since it
COMMUNITIES,                                                       is necessary to supervise the grant of carry-over
                                                                    payments, a declaration of stocks held on 31 May
Having regard to the Treaty establishing the European               must be required of all applicants ;
Economic Community,
Having regard to Council Regulation (EEC) No                       Whereas in Italy common wheat of the new harvest
2727/75 of 29 October 1975 on the common organiza­                  can be marketed before the end of the marketing
tion of the market in cereals (1), as last amended by              year ; whereas, consequently, to avoid fraud, the
Regulation (EEC) No 1254/78 (2), and in particular                  payment should be available only for stocks held in
Article 9 thereof,                                                  that Member State on 31 May 1978 unless the appli­
                                                                    cant can prove that the cereal to which his application
Whereas stocks of cereals remaining at the end of a                 relates came from another Member State ;
marketing year are generally held by the trade or by
processing industry ; whereas to simplify the adminis­
tration of the payments, in particular as regards super­            Whereas every year in certain regions of the Commu­
vision, the carry-over payment provided for by Article              nity, and throughout the Community when the
9 of Regulation (EEC) No 2727/75 and by Council                     harvest is particularly early, common wheat of the
Regulation (EEC) No 1258/78 of 12 June 1978 fixing                  new harvest may be marketed before 31 July ; whereas
a carry-over payment for stocks of common wheat of                  no carry-over payment should be granted for such
bread-making quality, rye intended for bread-making                 common wheat, whatever the place of storage in the
and maize remaining at the end of the 1977/78                       Community on 31 July ; whereas a carry-over
marketing year (3), should be granted at the trade or               payment should be granted on common wheat har­
processing industry stage ; whereas, in the case of rye             vested in a Member State where the harvest is early
of bread-making quality, supervision requirements are               and stored in another Member State between 31 May
such that the payment should be made only to the                    and the end of the marketing year only if proof is
milling industry ;                                                  furnished, preferably by a certificate issued by the
                                                                    competent authority of the Member State in whose
Whereas in many areas the processing industry, and                  territory the wheat was harvested, that the wheat is not
in particular the milling industry, does not have the               of the new harvest ;
extensive storage capacity available to the trade from
which it generally obtains its supplies ; whereas the
minimum stocks which it is required to hold should                  Whereas, to avoid halting purchases of Community
therefore be lower than those required of that trade ;              produced cereals between 1 June and 31 July 1978,
                                                                    undertakings holding no stocks or insufficient stocks
Whereas to qualify for the carry-over payment,                      on 31 May 1978 should receive the carry-over
common wheat of bread-making quality must meet                      payment in respect of any stocks held by them on 31
the minimum standards for bread-making fixed by                     July 1978 provided they prove that the cereals
Council Regulation (EEC) No 1155/77 of 17 May                       purchased by them between those two dates qualify
 1977 (4) ; whereas the observance of these standards is            therefor ;
determined in accordance with the method fixed by
 Commission Regulation (EEC) No 1628/77 of 20 July
 1977 laying down the method for determining the                    Whereas provision should also be made for granting
 minimum bread-making quality of common                             the carry-over payment to an undertaking which,
wheat (5) ;                                                          having been awarded a contract under an invitation to
                                                                     tender for the supply of flour as food aid, has
Whereas since the common wheat and rye harvest in                    advanced a certain quantity of cereals which remains
certain regions of the Community is generally early,                 to be replaced by an intervention agency ;
being gathered before the end of the marketing year,
(») OJ  No  L 281 , 1 . 11 . 1975, p. 1 .                            Whereas the procedures and supervision measures as
(2) OJ  No  L 156,  14. 6. 1978, p. 1 .                              regards stocks of cereals and their movements should
0   OJ  No  L 156,  14. 6. 1978, p. 7.
(4) OJ  No  L 136,  2. 6. 1977, p. 10.                               be the responsibility of the competent agencies of
(') OJ  No  L 181 , 21 . 7. 1977, p. 20.                             each Member State ; whereas those agencies should
 ---pagebreak--- 23 . 6. 78                          Official Journal of the European Communities                          No L 166/27
take the necessary measures to ensure that Commu­                  cereals specified in Article 1 owned by him, where
nity provisions governing the grant of carry-over                  appropriate, on 31 May 1978 and the name of the
payments are observed ;                                            stores and warehouse where the stocks may be
                                                                   inspected ;
Whereas the Management Committee for Cereals has              (b) lodge by registered letter, telex or telegram sent
not delivered an opinion within the time limit set by             not later than 7 August 1978 an application for
its chairman,                                                     carry-over payment to the same competent
                                                                  authority, specifying the quantities of the said
                                                                  cereals owned by him on 31 July 1978 . This appli­
                                                                  cation shall include at least the information and
HAS ADOPTED THIS REGULATION :
                                                                  declarations set out in Annex II hereto.
                          Article 1                            2.    The undertakings referred to in Article 1 which
                                                               on 31 May 1978 hold no stocks or insufficient stocks
The carry-over payment provided for in Article 1 of           and conequently do not make the declaration
Regulation (EEC) No 1258/78 shall be granted to :              provided for in paragraph 1 (a) or have produced a
                                                              declaration concerning the insufficiency of their stock
(a) trading and processing undertakings in respect of          on that date shall receive a carry-over payment on
     stocks of common wheat of bread-making quality            such stocks as they hold on 31 July 1978 provided
     within the meaning of Regulation (EEC) No                 they prove that cereals purchased by them between 1
     1155/77 harvested in the Community and owned             June and 31 July 1978 were purchased from an inter­
     by them on 31 July 1978 ;                                vention agency or from stocks declared under para­
(b) milling undertakings in respect of stocks of rye          graph 1 (a) and provided they lodge their application
     intended for bread-making, within the meaning of          in accordance with paragraph 1 (b).
     Article 7 (2) of Regulation (EEC) No 2727/75, har­
     vested in the Community and owned by them on
     the aforesaid date ;
                                                                                       Article 4
(c) trading and processing undertakings in respect of
     stocks of maize harvested in the Community,
     owned by them on the aforesaid date and held in           1 . In Italy, stocks of common wheat of bread­
     the surplus production zones listed in Annex 1            making quality qualifying for carry-over payment on
     hereto.                                                   31 July 1978 may not exceed those which were
                                                               declared under Article 3 ( 1 ) (a), unless the applicant
                                                               proves that this wheat was harvested in another
                          Article 2                           Member State or that it was bought between 1 June
                                                               and 31 July 1978 from the Italian intervention agency
1 . The minimum amount necessary to enable a                   and originated from stocks remaining from the pre­
stock to qualify for a carry-over payment shall be :          vious harvest.
— 75 tonnes for common wheat of bread-making
     quality and maize owned by trading undertakings,          2. Common wheat of bread-making quality har­
— 20 tonnes for maize owned by the processing                  vested in France or Italy, in storage in another
     industry,                                                 Member State on 31 July 1978 and not included on
                                                               31 May 1978 in the stocks declared to the competent
— 10 tonnes for common wheat of bread-making                   authority of the latter State before 30 June 1978, shall
     quality owned by the processing industry and also         qualify for carry-over payment only if the applicant
     for rye intended for bread-making.                        proves that it does not come from the 1978 harvest.
                                                              To this end, without prejudice to Article 6 (1 ) and (2)
2. The minimum quantities referred to above shall              the applicant shall submit a certificate of sale issued
apply to lots of uniform quality, stored within a single      by the competent French or Italian authorities.
warehouse.
                                                               3.    If common wheat of bread-making quality of the
                          Article 3                            new harvest is marketed in another Member State
                                                               before 31 July 1978 as a result of an exceptionally
 1 . To receive a carry-over payment from the compe­           early harvest, paragraph 2 shall apply to common
tent authority of the Member State in whose territory         wheat of bread-making quality harvested in that
the stocks are situated, the applicant shall :                Member State .
(a) declare by registered letter, telex or telegram sent
     before 30 June 1978 to the competent authority           Whether or not the harvest is early shall be esta­
     concerned his intention to apply for a carry-over        blished by the Commission in the light of informa­
     payment indicating the quantities of each of the          tion supplied to this end by the Member States.
 ---pagebreak--- No L 166/28                       Official Journal of the European Communities                            23 . 6. 78
                       Article 5                             account of the specific conditions in their territory,
                                                             and in particular shall determine when the stocks and
Without prejudice to Article 2 (1 ), where the condi­        their movements are to be inspected. It may also fix
tions for mobilizing cereals to be made into flour and       deadlines earlier than those provided for in Article 3
exported as food aid provide that the successful             ( 1 ) (a) and (b).
tenderer shall take over a given quantity of common
wheat from the stocks of an intervention agency and,         3.       Member States shall send the Commission, not
in order to expedite the provision of the aid the            later than 31 January 1979, a written report on the
successful tenderer has supplied an equivalent quan­         operation of this Regulation.
tity of common wheat from his own stocks, the carry­
over payment provided for in Article 1 of Regulation         4. In each Member State, the competent authority
(EEC) No 1258/78 shall be granted to him for the             shall be the intervention agency or any other agency
quantity of common wheat which on 31 July 1978 he            appointed by the Member State.
still has to take over from the intervention agency's
warehouse.
                                                                                       Article 7
                       Article 6
                                                             This Regulation shall not apply in Member States
1 . The competent authority of each Member State             where the calculation of the carry-over payment gives
shall carry out the necessary checks on stocks and           an amount in national currency which is equal to or
                                                             less than zero.
their movements in its territory.
Where a product fails a test of its bread-making
                                                                                       Article 8
quality, the costs of such test shall be borne by the
applicant.
                                                             This Regulation shall enter into force on the third day
2. The competent authority of each Member State              following its publication in the Official Journal of
shall take all additional measures necessary to take          the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 22 June 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President
 ---pagebreak--- 23. 6. 78                          Official Journal of the European Communities                               No L 166/29
                                                        ANNEX I
                                           Surplus production zones for maize
          All the economic regions of France, with the exception of the Nord and Provence/Cote d'Azur
          economic regions and of the departments of Gard, Herault, Lozère, Pyrenees Orientales and Vosges.
                                                       ANNEX II
                 Minimum information to be supplied when applying for a carry-over payment
          1 . Description of cereal.
          2. Quantity.
          3. Place of storage.
          4. Declaration that :
              (a) the cereal is not of the 1978 harvest ;
              (b) the cereal was harvested in the Community ;
              (c) the applicant owns the cereal ;
              (d) the cereal is of fair and sound marketable quality, for maize as defined in Regulation (EEC)
                  No 1569/77, for rye intended for bread-making as defined in Article 6 of Regulation (EEC)
                   No 1 570/77, for common wheat of bread-making quality as defined in Article 5 (2) of Regula­
                  tion (EEC) No 1629/77 ;
              (e) the common wheat of bread-making quality meets the minimum standards for bread-making
                  fixed by Council Regulation (EEC) No 1 1 55/77, determined according to the method of deter­
                  mining the minimum bread-making quality of common wheat defined by Commission Regu­
                  lation (EEC) No 1628/77.