31975R0010

No L 1 / 24 3 . 1 . 75 Official Journal of the European Communities

REGULATION ( EEC) No 10 /75 OF THE COMMISSION

of 31 December 1974

amending Regulation (EEC) No 2012/74 laying down detailed rules as regards production refunds in the cereals and rice sectors

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

Having regard to the Treaty establishing the European Article 1 Economic Community ;

Having regard to Council Regulation No 120 / The text of Article 2 (3) of Regulation (EEC) No 67 / EEC (') of 13 June 1967 on the common organiza­ 2012/74 shall be replaced by the following : tion of the market in cereals, as last amended by Regu­ lation (EEC) No 1 996/ 74 (2) ; 'The production refund shall be calculated by refer­ ence to the threshold price applicable on the day Having regard to Council Regulation No 359 / on which the application for the basic product to 67/ EEC (3) of 25 July 1967 on the common organiza­ be placed under official supervision was accepted tion of the market in rice , as last amended by Regula­ and shall be paid within 30 days following accep­ tion ( EEC) No 1 1 29 / 74 (4 ) ; tance of such application .

Having regard to Council Regulation ( EEC) No 11 32/74 (5) of 29 April 1974 on production refunds in The production refund shall be increased by the the cereals and rice sectors , as last amended by difference between the threshold prices, where the Council Regulation (EEC) No 31 13 /74 ( 6) ; threshold price for the basic product concerned applicable on the day of processing is more than Whereas Regulation (EEC) No 201 2/74 (7) lays down the threshold price applicable on the day on that the production refund is adjusted by reference to which the application for the product to be placed the threshold price of the basic product concerned ; under official supervision was accepted . The whereas this adjustment is not economically justified amount of this increase shall be paid by the where the threshold price applicable on the day of competent agency to the person entitled to the processing is less than the price applicable on the day refund within 30 days following the day of which the application for the product to be placed processing. However, no adjustment shall be made under official supervision was accepted ; in respect of that part of the change in the threshold price resulting from the decision to Whereas where the amounts laid down in Articles 1 , 4 increase prices of 7 October 1974. and 5 of Regulation (EEC) No 1132/74 are amended in order to establish equitable conditions for competi­ tion between producers, it is necessary to provide for a Where the amounts laid down in Article 1 ( 1 ) and corresponding adjustment to the production refund ; ( 2), Article 4 (2) and Article 5 ( 2) of Regulation (EEC) No 1132/74 are adjusted between the day Whereas, in order to guarantee the actual repayment on which the application for the basic product to of the adjustment which where applicable is to be be placed under official supervision is accepted made by the person entitled to the refund to the and the day of processing, the production refund competent agency, provision should be made that the shall be adjusted for 100 kg of the basic product in security is not released until after this repayment has proportion to this adjustment. The amount of this been made ; adjustment shall be :

Whereas for reasons of clarity it is advisable to repu­ (a) repaid by the person entitled to the production blish the whole of Article 2 (3) of Regulation ( EEC) refund to the competent agency where the No 20 1 2/ 74 ; adjustment necessitates a reduction in the production refund ; or Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ (b) shall be paid by the competent agency to the ment Committee for Cereals , person entitled to the refund where the adjust­ ment necessitates an increase in the produc­ (>) OJ No 117, 19 . 6 . 1967, p . 2269 / 67 . tion refund within 30 days following the day of {2 ) OJ No L 209 , 31 . 7 . 1974, p. 1 . (3) OJ No 174, 31 . 7. 1967, p . 1 . processing'. (4 ) OJ No L 128 , 10 . 5 . 1974, p. 20 . (5) OJ No L 128 , 10 . 5 . 1974, p . 2 . For the new Member States , the amount to be taken (b) OJ No L 332, 12 . 12 . 1974, p . 1 . ( 7) OJ No L 209 , 31 . 7 . 1974, p . 44 . as the threshold price shall be the threshold price of

3 . 1 . 75 Official Journal of the European Communities No L 1 / 25

the basic product less the relevant accession compensa­ 96 % of the quantity of the basic product tory amount. However, for the purposes of the adjust­ placed under supervision has been processed ment referred to in the preceding paragraph, the acces­ not later than 90 days following acceptance of sion compensatory amount to be deducted from the the application for the product to be placed threshold price valid for the month during which under official supervision, processing takes place shall be that valid on the day (b) where applicable , the amount referred to in the on which the application for official supervision is first indent of the third paragraph of Article accepted . 2 (3) has been repaid .'

Article2¶

The text of the first paragraph of Article 4 (3) of Regu­ lation (EEC) No 2012/74 shall be replaced by the Article 3 following :

'The security shall be released when : This Regulation shall enter into force the day of its (a) the person entitled to the refund has furnished publication is the Official Journal of the European Communities. proof to the competent agency that at least

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

Done at Brussels , 31 December 1974 .

For the Commission

P.J. LARDINOIS

Member of the Commission