CELEX: 31973R1554
Language: en
Date: 1973-06-07 00:00:00
Title: Regulation (EEC) No 1554/73 of the Commission of 7 June 1973 laying down the conditions for granting carry-over payments for stocks of common wheat, rye of breadmaking quality and maize remaining at the end of the 1972/73 marketing year

13 . 6. 73                               Official Journal of the European Communities                         No L 156/ 13
                                REGULATION (EEC) No 1554/73 OF THE COMMISSION
                                                          of 7 June 1973
               laying down the conditions for granting carry-over payments for stocks of common
              wheat, rye of breadmaking quality and maize remaining at the end of the 1972/73
                                                          marketing year
THE COMMISSION OF THE EUROPEAN                                       over payments, a declaration of stocks held on 31
COMMUNITIES,                                                         May must be required of all applicants ;
Having regard to the Treaty establishing the Euro­
pean Economic Community ;                                            Whereas in Italy common wheat of the new harvest
                                                                     can be marketed before the end of the marketing
                                                                     year and whereas, consequently, to avoid fraud the
Having regard to Council Regulation No 120/                          payment should be available only for stocks held in
67/EEC (*) of 13 June 1967 on the common organi­                     that Member State on 31 May 1973 unless the appli­
zation of the market in cereals, as last amended by                  cant can prove that the cereal to which his applica­
the Act (2) annexed to the Treaty (3) concerning the                 tion relates came from another Member State ;
accession of new Member States to the European
Economic Community and to the European Atomic
Energy Community, signed at Brussels on 22                           Whereas every year in certain regions of the
January 1972, and in particular Article 9 ( 6)                       Community, and throughout the Community when
thereof ;                                                            the harvest is particularly early, common wheat of
                                                                     the new harvest may be marketed before 31 July ;
Whereas .stocks of cereals remaining at the end of a                 whereas no carry-over payment should be granted
marketing year are generally held by the trade or by                 for such common wheat, whatever the place of
the processing industry ; whereas to simplify the                    storage in the Community before 31 July ; whereas
administration of the payments, in particular as                     a carry-over payment should be (granted on
regards supervision, the carry-over payment                          common wheat harvested in a Member State where
provided for by Article 9 of Regulation No 120/                      the harvest is early and stored in another Member
67/EEC and by Council Regulation (EEC) No                            State between 31 May and the end of the marketing
1406/73 (4) of 25 May 1973 fixing a carry-over                       year only if proof is furnished, preferably by a
payment for stocks of common wheat, rye of bread­                    certificate issued by the competent authority of the
making quality and maize remaining at the end of                     Member State in whose territory the wheat was
the 1972/73 marketing year should be granted at the                  harvested, that the wheat is not of the new harvest ;
trade or processing industry stage ; whereas, in the
case of rye of breadmaking quality, supervision
requirements are such that the payment should be                     Whereas, to avoid halting purchases of Community-
made only to the milling industry ;                                  produced cereals between 1 June and 31 July 1973,
                                                                     undertakings holding no stocks on 31 May 1973
Whereas in many area's the processing industry, and                  should receive the carry-over payment in respect of
in particular the milling industry, does not have                    any stocks held by them on 31 July 1973 provided
extensive storage capacity like that of the trade                    they prove that the cereals purchased by them
from which it generally obtains its supplies ;                       between those two dates qualify therefore ;
Whereas the minimum 'stocks which it is required to
hold should therefore be lower than those required
of the trade ;                                                       Whereas provision should also be made for granting
                                                                     the carry-over payment to an undertaking which,
                                                                     having been awarded a contract under an invita­
Whereas, since the common wheat and rye harvest in                   tion to tender for the supply of flour as food aid,
certain regions of the Community is generally early,                 has advanced a certain quantity of cereals which
being gathered before the end of the marketing                       remains to be replaced by an intervention agency ;
year, and might be early in other regions also, and
since it is necessary to supervize the grant of carry­
                                                                     Whereas the procedures and supervision measures
                                                                     as regards stocks of cereals and their movements
H    OJ  No 117, 19. 6. 1967, p. 2269/67.                            should be the responsibility of the competent agen­
 H   OJ  No L 73 , 27. 3 . 1972, p . 14 .                            cies of the Member States, and whereas those agen­
(8)  OJ  No L 73 , 27. 3 . 1972, p. 5 .
(4)  OJ  No L 139 , 26. 5 . 1973 , p. 30.                            cies should take the necessary measures to ensure
 ---pagebreak--- No L 156/14                          Official Journal of the European Communities                              13 . 6 . 73
that Community provisions governing the grant of                      him on 31 May 1973, indicating the store and
 carry-over payments are observed ;                                   the warehouse where the stocks may be inspec­
                                                                      ted ;
Whereas the measures provided1 for in this Regula­
tion are in accordance with the Opinion of the
Management Committee for Cereals ;
                                                                 (b) lodge by registered letter, telex or telegram not
                                                                      later than 7 August 1973 an application for'
HAS ADOPTED THIS REGULATION :
                                                                      carryover payment to the same competent autho­
                                                                      rity, specifying the quantities of the cereals
                                                                      aforesaid owned by him on 31 July 1973. This
                         Article 1                                    application shall include at least the information
                                                                      and declarations set out in Annex II.
The carry-over payment provided for in Articles 1
and 2 of Regulation (EEC) No 1406/73 shall be                   2. Undertakings specified in Article 1 which on
granted to :                                                     31 May 1973 hold no stocks and consequently do
(•a) trading and processing undertakings for stocks             not make the declaration provided for in paragraph
      of common wheat harvested in the Community                 1 ( a) shall receive a carry-over payment on such
      and owned by (them on 31 July 1973 ;                       stocks as they hold on 31 July 1973 provided they
                                                                prove that cereals purchased by them between 1
<(b) milling undertakings for stocks of rye of bread­           June and 31 July 1973 were purchased from an
      making quality harvested in the Community,                intervention agency or from stocks declared under
      and owned by them on the same date, provided              paragraph 1 (a) and provided they lodge their appli­
      they undertake to prepare that cereal for human           cation in accordance with paragraph 1 (b).
     consumption ;
(c) trading and processing undertakings for stocks
      of maize harvested in (the Community, owned                                        Article 4
      by them on the same date and held in the
      surplus production zones listed in Annex I.
                                                                 1 . In Italy, stocks of common wheat qualifying
                         Article 2                              for carry-over payment on 31 July 1973 may not
                                                                exceed those which were declared under Article 3
1 . The minimum amount necessary to enable a                    ( 1 ) ( a) unless the applicant proves that this wheat
stock to qualify for a carry-over payment shall be :            was harvested in another Member State or that it
                                                                was bought between 1 June and 31 July 1973 from
— 75 metric tons for common wheat and maize                     the Italian intervention agency and originated from
     owned by trading undertakings ;                            stocks remaining from the previous harvest.
— 20 metric tons for common wheat and maize
     owned by the processing industry ;                         2. Common wheat harvested in France or Italy,
— 10 tons for common wheat owned by milling                     stored in another Member State on 31 July 1973
     undertakings and also for rye of breadmaking               and not included in the stocks declared to the
     quality.                                                   competent authority before 12 June 1973 shall
                                                                qualify for carry-over payment only if the applicant
2. The minimum quantities specified above shall                 proves that it does not come from the 1973 harvest.
apply to lots of uniform quality, stored in the same            To this end, and subject to Article 6 ( 1 ) and (2) the
warehouse .                                                     applicant shall submit a certificate of sale issued by
                                                                the competent French or Italian authorities.
                        Article 3
                                                                3.      If  common    wheat   of the   new    harvest    is
1 . To receive a carry-over payment from the                    marketed in another Member State before 31 July
competent authority of the Member State in whose                1973 as a result of an exceptionally early harvest,
territory the stocks are situated, the applicant shall :        paragraph 2 shall apply to common wheat har­
                                                                vested in that Member State.
( a) declare by registered letter, telex or telegram
      sent before 12 June 1973 to the competent
      authority concerned his intention to apply for a          Whether or not the harvest is early shall be estab­
     carry-over payment and the quantities of each              lished by the Commission in the light of informa­
     of the cereals specified in Article 1 owned by             tion supplied to this end by the Member States.
 ---pagebreak--- 13 . 6. 73                       Official Journal of the European Communities                        No L 156/ 15
                       Article 5                            2. The competent authority of each Member
                                                            State shall take all additional measures necessary to
Without prejudice to Article 2 ( 1 ), where the condi­
                                                            take account of the specific conditions in their terri­
tions for mobilizing cereals to be made into flour
                                                            tory, and in particular shall determine when the
and exported as food aid provide that the successful
                                                            stocks and their movements are to be inspected.
tenderer shall take over a given quantity of
common wheat from the stocks of an intervention
agency and, in order to expedite the provision of           3.    Member States shall send the Commission, not
the aid, the successful tenderer has supplied an            later than 31 January 1974, a written report on the
equivalent quantity of common wheat from his own            application of this Regulation .
stocks, the carry-over payment provided for in
Article 1 of Regulation (EEC) No 1406/73 shall be           4. In each Member State, the competent authority
granted to him for the quantity of common wheat             shall be the intervention agency or any other agency
which on 31 July 1973 he still has to take over             appointed by the Member State.
from the intervention agency's warehouse.
                                                                                    Article 7
                       Article 6
1 . The competent authority of each Member                  This Regulation shall enter into force on the third
State shall carry out the necessary inspection of           day following its publication sin the Official Journal
stocks and their movements in its territory.                of the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 7 June 1973 .
                                                                     For the Commission
                                                                         The President
                                                                    François-Xavier ORTOLI
 ---pagebreak--- No L 156/16                          Official Journal of the European Communities                          13 . 6. 73
                                                          ANNEX I
                                            Surplus production zones for maize (*)
            ZONE I (Paris Basin)
            comprising the economic regions of 'Bourgogne', 'Centre', 'Champagne', 'Haute-Normandie'
            excluding the Seine-Maritime Department, 'Picardie' and 'Region Parisienne'.
            ZONE II (West)
            comprising the economic regions 'Pays de la Loire', Poitou-Charentes' and 'Bretagne'.
            ZONE III ( South-West)
            comprising the economic regions 'Aquitaine' and 'Midi-Pyrénées', and the 'Aude Department'.
            ZONE IV (Massif Central)
            comprising the economic region 'Auvergne'.
            ZONE V (Rhône-Alpes, Franche-Comté)
            comprising the economic regions 'Rhône-Alpes' and Franche-Comté'.
            ZONE VI (Alsace)
            comprising the economic region 'Alsace'.
            (*) All these zones are in France.
                                                          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 1973 harvest ;
                (b) the cereal was harvested in the Community ;
                (c) the applicant owns the cereal ;
                (d) the cereal is of fair and sound merchantable quality as defined in Regulation (EEC) No
                     1492/71 , and for rye, as defined in Article 6 of Regulation (EEC) No 1493/71 and
                     Article 3 of Regulation (EEC) No 1406/73 .