Commission Regulation (EEC) No 1738/89 of 19 June 1989 laying down detailed rules on production aid for durum wheat

COMMISSION  REGULATION (EEC) No 1738/89
of 19 June 1989
laying down detailed rules on production aid for durum wheat
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Regulation (EEC) No 2727/75 of the Council of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 1213/89 (2), and in particular Article 10 (5) thereof,
Whereas Council Regulation (EEC) No 3103/76 of 16 December 1976 on aid for durum wheat (3), as last amended by Regulation (EEC) No 1216/89 (4), laid down genereal rules on aid for durum wheat; whereas the Commission must lay down the detailed rules for their application;
Whereas Regulation (EEC) No 3103/76 laid down criteria for determining qualitative and technical characteristics; whereas such characteristics must be such that the durum wheat is capable of being made into semolina or pasta meeting certain requirements for human consumption; whereas the best indicator of these is the stickiness of the pasta when cooked;
Whereas Article 4 of Regulation (EEC) No 3103/76 provides that Member States are to introduce a system of administrative supervision to ensure that a product for which aid is applied for meets the requirements for granting such aid; whereas an application for aid must contain at least certain particulars to enable Member States to make the necessary checks; whereas Article 5 of Regulation (EEC) No 3103/76 provides for random on-the-spot checks to ascertain the accuracy of particulars declared; whereas, if such checks are to be effective, they must be carried out on a sufficiently representative number of applications for aid;
Whereas experience in policing the current system indicates that stricter supervision and sanctions should be provided for;
Whereas, under Article 2 (1) of Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (5), as last amended by Regulation (EEC) No 1636/87 (6), the amount of the aid is to be converted into national currency at the rate prevailing on the date the transaction or part transaction was carried out;
Whereas Regulation (EEC) No 1676/85 provides that the time when a transaction is carried out is considered as being the date of the event by which the aid becomes due and payable; whereas in the case of durum wheat that event is harvest; whereas, in view of the difficulty of determining the exact date of harvest in each case, the date to be taken as the representative date of harvest should be the first day of the marketing year in respect of which the entitlement to aid arises;
Whereas the measures provided for in this Regulation are to supersede those provided for in Commission Regulation (EEC) No 2835/77 of 19 December 1977 laying down detailed rules with respect to aid for durum wheat (7), as last amended by Regulation (EEC) No 2039/86 (8);
Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,