31974R1996

31 . 7 . 74 Official Journal of the European Communities No L 209 / 1

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(Acts ivhose publication is obligatory)

REGULATION ( EEC) No 1996/ 74 OF THE COUNCIL of 29 July 1974 amending Regulation No 120/67/EEC on the common organization of the market in cereals

THE COUNCIL OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES ,

Having regard to the Treaty establishing the European Article 1 Economic Community, and in particular Article 43 thereof ; The text of Article 3 of Regulation No 120 / 67/ EEC Having regard to the proposal from the Commission ; shall be replaced by the following :

'With the exception of maize and sorghum , for ' Having regard to the Opinion of the European Parlia­ ment ; which it shall begin on 1 October and end on 30 September of the following year, the marketing year for all products referred to in Article 1 shall Whereas according to Article 3 of Council Regulation begin on 1 August and end on 31 July of the No 1 20 / 67/ EEC (') of 13 June 1967 on the common following year ; the 1974/75 marketing year for organization of the market in cereals , as last amended maize and sorghum shall however begin on 1 by Regulation ( EEC) No 11 25/74 (2 ), the marketing August 1974 and end on 30 September 1975 .' year for maize, with effect from the 1975/ 76 marketing year starts on 1 October and ends on 30 September of the following year ; whereas the reasons which led to this system are equally valid for Article 2 sorghum , a cereal which has, as regards the agricul­ tural cycle, the rhythm of sales and the nutritive value, the same characteristics as maize ; whereas the same The text of Article 16 (4) of Regulation No 120 / 67/ EEC shall be replaced by the following : dates for the beginning and end of the marketing year should therefore be laid down for sorghum ; '4 . However, for the products referred to in Article 1 (a) and (b) the export refund applicable Whereas Article 16 (4) of Regulation No 120/ 67/ EEC on the day on which the application for the provides for corrective amounts to be applied in cases licence is made , adjusted on the basis of the where the export refunds for cereals are subject to threshold price valid during the month of exporta­ advance fixing ; whereas , according to the above provi­ tion , shall be applied , if the party concerned so sion , this corrective amount must be fixed at the same requests at the time when the application for the as the premium referred to in Article 15 (2) of the licence is made (the request to be made not later same Regulation ; whereas , in the light of experience than 13.00 hours), to exports effected during the and with regard to the good management of the period of validity of the licence . market, the existing link between the fixing of the premium and that of the corrective amount should no longer be retained ; A corrective amount may be fixed . It shall be applied to the refund where this is fixed in advance . The corrective amount shall be fixed at Whereas Article 16 (4) of Regulation No 120 / 67/ EEC has been amended several times ; whereas the whole the same time as the refund according to the same of that paragraph should therefore be published , procedure ; however, when necessary, the Commis­ sion , following a request from a Member State or (') OJ No 117 , 19 . 6 . 1967, p. 2269 / 67 . on its own initiative , may modify the corrective (-) OJ No L 128 , 10, 5 . 1974, p. 12 . amounts in the interval .

No L 209 / 2 Official Journal of the European Communities 31 . 7 . 74

The provisions of the preceding subparagraphs months of the marketing year, of malt in stock at may be applied, in whole or in part, to any of the the end of the preceding marketing year or made products listed in Article 1 (c) and (d) and to from barley in stock at that time shall be adjusted products listed in Article 1 and exported in the for the threshold price in force in the last month form of goods listed in Annex B. of the preceding marketing year.'

If the carry-over payment envisaged by Article 9 is Article 3 not granted for barley and malt and if an advance fixing of the refund has been laid down for malt, This Regulation shall enter into force on 1 August the refund on exports, made during the first two 1974 .

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

Done at Brussels , 29 July 1974 . For the Council

The President B. DESTREMAU