CELEX: 51989PC0449
Language: en
Date: 1989-09-22
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 2727/75 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS

N o C 260/4                           Official Journal of the European Communities                                 13. 10. 89
             Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 2727/75 on the
                                      common organization of the market in cereals
                                                    COM(89) 449 final
                                   (Submitted by the Commission on 27 September 1989)
                                                       (89/C 260/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         HAS ADOPTED THIS REGULATION:
                                                                                           Article 1
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43                 Regulation (EEC) N o 2727/75 is hereby amended as
thereof,                                                         follows:
                                                                 1. Article 4b (4) is replaced by the following:
Having regard to the proposal from the Commission,                  '4.     For the purposes of applying this Article, each
                                                                    year the Commission shall establish:
Having regard      to  the   opinion   of   the   European          — provisionally, before 1 September, whether or not
Parliament,                                                              the cereal production from the current marketing
                                                                         year has exceeded the maximum guaranteed
Having regard to the opinion the Economic and Social                     quantity fixed for that marketing year; such deter-
Committee,                                                               mination shall result in the consequences referred
                                                                         to in paragraph 2 of this Article for the current
                                                                         marketing year,
Whereas Article 4b of the abovementioned Regulation
                                                                    — definitively, before 1 March, whether or not the
provides for the payment of the maximum additional
                                                                         cereal production from the current marketing year
levy at the beginning of the marketing year and, where
                                                                         has exceeded the maximum guaranteed quantity
appropriate, for its reimbursement in full or in part
                                                                         fixed for that marketing year; such determination
depending on the definitive harvest recorded;
                                                                         shall result in the consequences referred to in
                                                                         paragraph 3 of this Article and, where appro-
Whereas the abovementioned arrangements lead to                          priate, to an adjustment of the co-responsibility
uncertainty and administrative complications throughout                  levy as referred to in Article 4, and applicable for
a substantial part of the marketing year; whereas they                   the following marketing year. The amount of that
should accordingly be replaced by arrangements which,                    adjustment shall, within a limit of 3 % , be equal
while providing for the application from the beginning of                to the difference expressed as a percentage
the marketing year of the highest level of the additional                between the determination referred to in the first
levy, enable the levy actually due for the marketing year                indent and that referred to in this indent, to be
in question to be determined quickly and sums collected                  applied to the intervention price applicable to
in excess to be reimbursed;                                              breadmaking common wheat at the beginning of
                                                                         the preceding marketing year.'
Whereas such arrangements may be established by                  2. Article 4b (5) is replaced by the following:
making the levy applicable to the marketing year in                  '5.    Detailed rules for the application of this Article
question and the level of reimbursements to be made                  and in particular the amount of the additional levy
dependent on a provisional determination of the harvest              and any adjustment as provided for in the second
to be made before 1 September;                                       indent of paragraph 4 shall be adopted in accordance
                                                                     with the procedure laid down in Article 26.'
Whereas, however, in the framwork                 of such
arrangements, the stabilizing effect desired could not be                                   Article 2
achieved without applying during the following                   This Regulation shall enter into force on the day of its
marketing year corrective percentages arising from the           publication in the Official Journal of the, European
definitive recording of the harvest to be made before 1           Communities.
March; whereas, in order to ensure that the objectives
sought are achieved, the contemplated corrections must           This Regulation shall be binding in its entirety and
relate to the basic co-responsibility levy,                      directly applicable in all Member States.