31973R1554

13 . 6 . 73 No L 156/ 13 Official Journal of the European Communities

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 Whereas in Italy common wheat of the new harvest pean Economic Community ; 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 no carry-over payment should be granted Whereas .stocks of cereals remaining at the end of a for such common wheat, whatever the place of marketing year are generally held by the trade or by storage in the Community before 31 July ; whereas the processing industry ; whereas to simplify the a carry-over payment should be (granted on administration of the payments, in particular as common wheat harvested in a Member State where regards supervision, the carry-over payment the harvest is early and stored in another Member provided for by Article 9 of Regulation No 120/ State between 31 May and the end of the marketing 67/EEC and by Council Regulation (EEC) No year only if proof is furnished, preferably by a 1406/73 (4) of 25 May 1973 fixing a carry-over certificate issued by the competent authority of the payment for stocks of common wheat, rye of bread­ Member State in whose territory the wheat was making quality and maize remaining at the end of harvested, that the wheat is not of the new harvest ; the 1972/73 marketing year should be granted at the trade or processing industry stage ; whereas, in the case of rye of breadmaking quality, supervision Whereas, to avoid halting purchases of Communityrequirements are such that the payment should be produced cereals between 1 June and 31 July 1973 , made only to the milling industry ; undertakings holding no stocks on 31 May 1973 should receive the carry-over payment in respect of Whereas in many area's the processing industry, and any stocks held by them on 31 July 1973 provided in particular the milling industry, does not have they prove that the cereals purchased by them extensive storage capacity like that of the trade between those two dates qualify therefore ; from which it generally obtains its supplies ; Whereas the minimum 'stocks which it is required to hold should therefore be lower than those required Whereas provision should also be made for granting of the trade ; 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 . cies should take the necessary measures to ensure (4) OJ No L 139 , 26. 5 . 1973 , p. 30.

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' carryover payment to the same competent autho­ HAS ADOPTED THIS REGULATION : rity, specifying the quantities of the cereals aforesaid owned by him on 31 July 1973 . This application shall include at least the information Article 1 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 not make the declaration provided for in paragraph (•a) trading and processing undertakings for stocks 1 ( a) shall receive a carry-over payment on such of common wheat harvested in the Community stocks as they hold on 31 July 1973 provided they and owned by (them on 31 July 1973 ; 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 ) ( a) unless the applicant proves that this wheat 1 . The minimum amount necessary to enable a was harvested in another Member State or that it stock to qualify for a carry-over payment shall be : 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 and not included in the stocks declared to the undertakings and also for rye of breadmaking 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.

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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 3 . Member States shall send the Commission, not agency and, in order to expedite the provision of later than 31 January 1974, a written report on the the aid, the successful tenderer has supplied an application of this Regulation . equivalent quantity of common wheat from his own 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 shall be the intervention agency or any other agency granted to him for the quantity of common wheat appointed by the Member State. which on 31 July 1973 he still has to take over 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

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 .