CELEX: 51974PC0881
Language: en
Date: 1974-06-19
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL amending Regulation No 120/67/EEC on the common organization of the market in cereals (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 881
Vol. 1974/0134
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EURQPEAN CQMMUMÏ1E5
                                         COM(74) 881 final
                                         Brussels , 19 June 1974
                                Proposal for a
                        REGULATION (EEC) OF THE COUNCIL
                   amending Regulation No 120/67/EEC on the
                  common organization of the market in cereals
                   ( submitted to the Council "by the Commission)
   COM174 ) 881 final
 ---pagebreak---                            EXPLANATORY STATEMENT
1. The marketing year for cereals , apart from maize , starts on 1 August and
   finishes on 31 July of the following year . For maize the marketing year
   has been fixed , by an amendment to Article 3 of Regulation No 120/67/EEC ,
   as starting on 1 October and finishing on 30 September . The aim of that
   amendment , which takes greater account of the cultural cycle for maize ,
   was to avoid difficulties with the sale of barley and abnormal interven­
   tion for this cereal at the beginning of the marketing year . How , the
   same reasons which led to a changed system for maize are equally valid
   for sorghum , a cereal which has , as regards the cultural cycle , the
   rhybhra of sales , the price level and nutritive value , the same charac­
   teristics as maize . It is therefore proposed to apply to sorghum the same
   marketing year as for maize .
2. Article 16(4) of Regulation No I20/67 /EEC provides that , in the case of
   advance fixing of the export-refund on cereals , a corrective amount shall
   be applied to it .
   This corrective amount is fixed
   – by the Commission at the same time as the premium which is applied to
     the import levy ( ie . all working days except the day of the Management
     Committee ) ,
   - in accordance with Management Committee procedure at the time of the
     weekly fixing of the refund .
   This method does not take sufficient account of the nature of the correc­
   tive which is to increase or to decrease the refund valid on the day of
   application for prefixing and which applies to an export to take place
   in a month after the month of issue of the certificate .
   The corrective must be regarded then as an integral part of the refund .
   It should thus be assessed in the same way as the refund and submitted to
   the rules which are valid for the refund .
   Since Article 16(4) has been amended several times it is proposed , in the
   interest of clarity , to publish the whole of it . This is , hoivever , only a
   question of repeating the current text as far as the first sentence of the
   first sub-paragraph and the last two sub-paragraphs are concerned .
 ---pagebreak---                                    - 2 -
3. The measures referred to in Article 19 of Regulation No I20/67 /EEC and
   defined by Council Regulation (EEC ) No 1968/73 (OJ No L 201 , p. 10 ) can
   only be triggered if the c.i.f . price is higher than the threshold price
   by at least two per cent . This provision has proved insufficient , as
   regards exports from the Community , to cope with a high price situation
   on the world market . In fact , the risk of disturbance can exist by the
   time the world market level significantly exceeds the intervention price
   applicable at the Community ports or exit points because the interven­
   tion price has greater influence on Community export market than does
   the threshold price , the latter being an import price reference first
   and foremost . Further , in the export context the c.i.f . price in Commu­
   nity ports is only one of the criteria which could be used to assess the
   situation on the world market 5 one could equally take into account other
   prices or quotations ascertained on this market . Because of this , it is
   proposed to adapt Article 19 to the needs of a better management of the
   market .
 ---pagebreak---                             Proposal for a
                   REGULATION (EEC) OF 1HE COUNCIL
         amending Regulation No I20/67/EEC on the common organisation
                            of the market in cereals
THE COUNCIL OP THE EUROPEAN COMUNITIES ,
Having regard, to the Treaty establishing the European Economic Community ,
and in particular Article 43 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament
Whereas according to Article 3 of Council Regulation No I20/67 /EEC         of
13 June 1967 on the common organisation of the market in cereals , as last
amended "by Regulation (EEC ) No 1125/74        "the marketing year for maize ,
with effect from the 1975/76 marketing year starts on 1 October and finishes
on 30 September of the following year; whereas the reasons which led to this
system are equally valid for sorghum , a cereal which has , as regards the
cultural cycle , the rhythm of sales , the price level and nutritive value , the
same characteristics as maize ; whereas the same dates for the beginning and
end of the marketing year should therefore be laid down for sorghum ;
Whereas Article 16(4) of Council Regulation No I20/67 /EEC provides for correc­
tive amounts to be applied in cases where the export refunds for cereals are
subject to advance fixing; whereas , according to that Article , this corrective
amount must be fixed at the same time as the premium referred to in Article
15(2 ) of the same Regulation; whereas , in the light of experience and with
regard to the good management of the market , the existing link between the
fixing of the premium and that of the corrective amount should no longer be
retained ;
Whereas Article 19 of Regulation No 120/67/EEC aims at avoiding disturbances
on the Community market and at ensuring stability thereon in the case of
significant increases in the world market price ; whereas, in order to ascertain
the necessity for triggering the measures appropriate to the intended result ,
( 1 ) OJ No
( 2 ) OJ No 117 , 19 - 6.1967 , p. 2269/67
( 3 ) OJ No L
 ---pagebreak--- provision is made for comparison between the c.i.f . price and the threshold
prices whereas , in fact , the throat of disturbance on the internal Community
market may already exist , above all in the surplus areas where the market
price is generally influenced by the level of the in- 'ervention price , even
before world market prices reach the'level of the threshold prices whereas ,
at such a time , a reference level of Community price more appropriate to the
intended result than i3 the threshold price , should be followed for the
triggering of such measures ; whereas , in the same context , the concept of
the c.i.f . price should be replaced by a concept more suited to a high price
situation on the world market 5
Whereas Article 16(4) of Regulation No I20/67 /EEC has been amended several
times ; whereas that paragraph should therefore be published in totality;
HAS ADOPTED THIS REGULATION !
                                    Article 1
Article 3 of Regulation No 120/ 67/EEC shall be replaced by the following ;
" With the exception of maize and sorghum , for which it shall begin on 1
   October and end on 30 September of the following year , the marketing year
   for all products referred to in Article 1 shall begin on 1 August and end
   on 31 July of the following years the 1974/75 marketing year for maize and
   sorghum shall , however , begin on 1 August 1974 and on 30 September 1975 *"
     '                              Article 2
Article 16(4) of Regulation No I20/67 /EEC shall be replaced by the following:
M However , for the products referred to in Article 1 ( a) and ( b ) the export
   refund applicable on the day on which the application for the certificate is
   lodged , adjusted on the basis of the threshold price valid in the month of
   exportation shall be applied , if the party concerned so requests at the same
   time as the application for the certificate is made ( the request to be made
   not later than- 1 300 hours ), to exports effected during the period of validi­
   ty of the certificate . In that case a corrective amount , which may be fixed
   at the same time as the refund and according to the same procedure , shall
   be applied to the refunds however , when necessary , the Commission , following
   a request from a Member State or on its own initiative , may take a different
   decision in the interval .
 ---pagebreak---    The provisions of the preceding subparagraph may be applied , in whole or
   in part , to any of the products listed in Article 1 ( c ) and ( d ) and to
   Article 1 products exported in the form of goods listed in Annex B.
   If the carry-over payment envisaged by Article 9 is not granted for barley
   and malt and if an advance fixing of the refund has been laid down for malt ,
   the refund on exports , during the first two months of the marketing year ,
  of malt in stock at the end of the preceding marketing year or made from
  barley in stock at that time shall be adjusted for the threshold price in
   force in the last month of the preceding marketing year ,"
                                  Article 3
The text of Article 19 of Regulation Bo I20/67 /EEC shall be replaced by the
following ?
"1 .  When the quotations or prices on the world market for one or more of the
      products mentioned in Article 2 are significantly higher than the inter­
      vention price levels valid in the ports or exit points for the surplus
      areas of the Community , and when that situation is likely to continue ,
      thereby disturbing the Community market , appropriate measures may be
      taken .
 2.   The Council , acting in accordance with the voting procedure laid do™ in
      Article 43(2 ) of the Treaty on a proposal from the Commission , shall
      adopt general rules for the application of this Article .
 3.   The detailed rules for the application of this Article shall be adopted
      in accordance with the procedure la-id down in Article 26 ."
                                  Article 4
This Regulation shall enter into force on the third day following its publi­
cation in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,                                  For the Council
                                                    The Président