31972R1761

Official Journal of the European Communities 865

12.8.72 Official Journal of the European Communities No L 184/27

REGULATION (EEC) No 1761 /72 OF THE COMMISSION of 11 August 1972

on a derogation from Regulation (EEC) No 1492/71 as regards the percentage of shrivelled grains in barley taken over by intervention agencies for the 1972/73 marketing year

THE COMMISSION OF THE EUROPEAN COM­ that of other competing feedgrain into account; MUNITIES, whereas, therefore, in order to adapt the price of this barley to its feed value when it is remarketed, a price reduction should be applied as soon as it is offered Having regard to the Treaty establishing the for intervention : European Economic Community ;

Having regard to Council Regulation (EEC) No Whereas, to determine the amount of this reduction, 120/67/EEC1 of 13 June 1967 on the common the feed value of barley with a percentage of organization of the market in cereals, as last amended shrivelled grains more than 15% but not more than by Regulation (EEC) No 796/72,2 and in particular 25% should be compared with standard quality Article 7 (5 ) thereof; barley by reference to the difference in specific weight; whereas, taking account of this difference which may approximately be evaluated at 4% , and Whereas Commission Regulation (EEC ) No 1492/71 3 of the resulting loss in marketing value, the amount of 13 July 1971 fixing the procedure and conditions of the price reduction applicable to barley with a for the taking over of cereals by intervention percentage of shrivelled grains more than 15% but agencies, as last amended by Regulation (EEC) No not more than 25% should be fixed at a flat rate 1422/72,4 restricted the percentage of shrivelled barley of 2 units of account per metric ton ; grains to 15% ;

Whereas the Management Committee for cereals has Whereas, owing to the particularly unfavourable climatic conditions during the growth period of the not delivered an Opinion within the time limit set by its Chairman ; cereals, barley of the 1972 harvest contains a large percentage of shrivelled grains ; whereas the conditions fixed by Regulation ( EEC ) No 1492/71 should therefore be relaxed so that this barley can be taken over by intervention agencies ;

HAS ADOPTED THIS REGULATION : Whereas relaxation of the take over conditions will mean that large quantities of barley with a relatively reduced nutritive value owing to the high shrivelled grain content will be offered for intervention ; whereas intervention agencies remarketing this barley will have to take its nutritive value as compared with Article 1

By way of derogation from the eleventh indent 1 OJ No 117, 19.6.1967, p. 2269/67. of Article 2 (2) of Regulation ( EEC) No 1492/71 , the 2 OJ No L 94, 21.4.1972, p. 7. percentage of shrivelled grains in barley taken over 3 OJ No L 157, 14.7.1971 , p. 18 . by the intervention agencies shall not exceed 25% for 4 OJ No L 151, 5.7.1972, p. 15. the 1972/73 marketing year.

866 Official Journal of the European Communities

Article2¶

For barley with a percentage of shrivelled grains This Regulation shall enter into force on the day more than 15% but not more than 25% , a flat-rate following its publication in the Official Journal of the reduction of 2 units of account per metric ton shall European Communities . be applied during the 1972/73 marketing year.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 11 August 1972.

For the Commission

The President

S. L. MANSHOLT