CELEX: 31972R0796
Language: en
Date: 1972-04-17 00:00:00
Title: Regulation (EEC) No 796/72 of the Council of 17 April 1972 amending Regulation No 120/67/EEC as regards the rules for fixing cereal prices and the import system for feedgrain in Italy

306                                Official Journal of the European Communities
  21.4.72                            Official Journal of the European Communities                           No L 94/7
                                 REGULATION (EEC) No 796/72 OF THE COUNCIL
                                                    of 17 April 1972
              . amending Regulation No 120/67/EEC as regards the rules for fixing cereal prices and
                                        the import system for feedgrain in Italy
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          — a target price for common wheat, durum
                                                                        wheat, barley, maize and rye ;
  Having regard to the Treaty establishing the                     — a basic intervention price for common wheat,
  European Economic Community, and in particular                        barley and rye;
  Article 43 thereof;
                                                                   — a guaranteed minimum price for durum
                                                                        wheat;'
  Having regard to the proposal from the Commission ;
                                                                                        Article 2
  Having regard to the Opinion of the European
  Parliament;                                                   The following shall be substituted for Article 4 of
                                                                Regulation No 120/67/EEC :
 Whereas Council Regulation No 120/67/EEC1 of 13
                                                                    '1.   In order to guarantee to producers that the
 June 1967 on the common organization of the market
 in cereals, as last amended by Regulation (EEC) No                market price does not fall below ,a minimum
  2727/71 ,2 provides for the fixing of a basic                    level, derived intervention prices for common
 intervention price for two cereals, namely durum                  wheat, barley and rye shall be fixed for the
 wheat and maize, of which there is a deficit ; whereas            Community, in addition to the basic intervention
                                                                   price.
 experience has shown that this type of fixing should
  be replaced by the fixing of a single intervention               The derived intervention prices shall be fixed for
 price for each of the two cereals ;                               the same standard quality, at the same stage and
                                                                   under the same conditions as the target price, for
 Whereas Article 23 of Regulation No 120/67/EEC                    all marketing centres in the Community except
 lays down provisional measures for imports of                     Duisburg. The level of the derived intervention
 feedgrain into Italy; whereas the changeover from                 prices shall be fixed in such a way that the
 this provisional system to the permanent single price           . differences between them correspond to the
 system should be prepared ;                                       disparities in prices to be expected in a normal
                                                                   harvest under natural conditions of price
                                                                   formation on the market and that they allow the
                                                                   free movement of cereals within the Community
 HAS ADOPTED THIS REGULATION :
                                                                   in accordance with the requirements of the
                                                                   market.
                         Article 1                                 2.    For durum wheat and maize for which a
                                                                   basic intervention price has not been fixed, single
•The following shall be substituted for Article 2 ( 1 ) of         intervention prices shall be fixed for the
 Regulation No 120/67/EEC :                                        Community and shall be operative for all the
                                                                   marketing centres for these cereals. These prices
     '1.    Simultaneously and before 1 August each                shall correspond to the lowest derived
     year the following prices shall be fixed for the              intervention prices which would have been fixed
     Community for the marketing year beginning                    in the Community if the provisions of the
     during the following calendar year :                          preceding paragraph had been applied.
                                                                   3.    Intervention prices for common wheat,
 1 OJ No L 117, 19.6.1967, p. 2269/67.                             durum wheat, barley and rye shall be operative
 2 OJ No L 282, 23.12.1971, p. 88.                                 from 1 August to 31 May of the following year.
 ---pagebreak---                                   Official Journal of the European Communities                                  307
  From 1 June to 31 July the intervention prices                                      Article 3
  operative for August of the following marketing
  year shall apply.                                          The following shall be substituted for Article 23 of
                                                             Regulation No 120/67/EEC :
  Intervention prices for maize shall be operative
  from 1 August to 31 July of the following year.               ' 1 . "Where barley, oats, maize, grain sorghum
                                                                and millet are imported by sea into the Italian
                                                                Republic, that Member State may until the end of
  4. The Council, acting in accordance with the                 the 1972/73 marketing year, reduce the levy by
  voting procedure laid down in Article 43 (2) of               7-5 units of account per metric ton.
  the Treaty on a proposal from the Commission
  shall lay down each year before 15 March for the              For marketing years subsequent to 1972/73 the
  following marketing year :                                    amount of the reduction in the levy shall be fixed
                                                                by the Council, acting in accordance with the
' (a) the marketing centre to which the lowest                  voting procedure laid down in Article 43 (2) of
       derived intervention price applies and the               the Treaty on a proposal from the Commission,
       price in question in respect of each Member              at the same time as the prices for each marketing
       State and each kind of cereal produced in any            year .
       quantity in that Member State, except for                This reduction may only be made if an equal
       durum wheat and maize ;                                  subsidy is granted for deliveries of the same
                                                                cereals by sea from Member States unless this
  (b) the principal marketing centres and the                   subsidy has, at the request of the sender of the
       derived intervention prices effective in those           cereals, been paid to him by the Member State of
       centres ;
                                                                origin which shall inform the Italian Republic
  (c) the single intervention prices for durum wheat            forthwith. The Italian Republic shall keep all
        and maize .                                             Member States permanently informed of the
                                                                amount of subsidy in force.
  5.     The Council, acting in accordance with the             2.     If Italy makes use of the power conferred by
  voting procedure laid down in Article 43 (2) of               paragraph 1 , the Council, acting in accordance
  the Treaty on a proposal from the Commission,                 with the voting procedure laid down in Article 43
  shall adopt rules for :                                       (2) of the Treaty on a proposal from the
                                                                Commission, shall take the measures necessary to
  (a) determining marketing centres other than                  avoid discrimination between Community
       those mentioned in paragraph 4 ( b );                    producers and distortions of competition in trade
                                                                between denatured wheat, on the one hand, and
  (b) deriving intervention prices operative both for           the cereals referred to in paragraph 1 , in
       the principal marketing centres and for other            particular barley, on the other hand.
       centres .
                                                                3 . Detailed rules for the application of this
  6. The marketing centres mentioned in                         Article shall be adopted in accordance with the
  paragraph 5 ( a) and the derived intervention                 procedure laid down in Article 26.'
  prices operative for these centres shall be
  determined, after consultation with the Member                                     Article 4
  States concerned, before 15 May each year for the
  following marketing year, in accordance with the           This. Regulation shall enter into force on 1 August
  procedure laid down in Article 26.'                        1972 .
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 17 April 1972.
                                                                                   For the Council
                                                                                    The President
                                                                                   J. P. BUCHLER