31975R0764

No L 76 / 24 Official Journal of the European Communities 25 . 3 . 75

REGULATION ( EEC) No 764/ 75 OF THE COMMISSION of 24 March 1975 amending Regulation (EEC) No 2012 / 74 laying down detailed rules of applica­ tion as regards production refunds in the cereals and rice sector

THE COMMISSION OF THE EUROPEAN Whereas Regulation ( EEC) No 10 /75 effectively COMMUNITIES, deleted that provision of Article 2 (3) of Regulation ( EEC) No 2012/75 whereby certain sums paid to the Having regard to the Treaty establishing the European person entitled to the refund were to be repaid ; Economic Community ; whereas Article 4(4) of Regulation (EEC) No 2012/74 has therefore become superfluous ; Having regard to Council Regulation No 120 / 67/ EEC (') of 13 June 1967 on the common organiza­ Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ tion of the market in cereals, as last amended by Regu­ ment Committee for Cereals , lation ( EEC) No 85 / 75 (2 ) ;

Having regard to Council Regulation No 359 / 67/ EEC (3) of 25 July 1967 on the common organiza­ HAS ADOPTED THIS REGULATION : tion of the market in rice, as last amended by Regula­ tion ( EEC) No 476/75 (4 ) ;

Article 1 Having regard to Council Regulation ( EEC) No 11 32/74 (5 ) of 29 April 1974 on production refunds in the cereals and rice sector, as last amended by Regula­ The following subparagraphs are added to Article 4 (3) tion ( EEC) No 31 13/ 74 (6), and in particular Article 9 of Regulation ( EEC) No 2012/74 : thereof ; ' However, when proof is furnished, in accordance with the preceding subparagraphs, that quantity Whereas Commission Regulation ( EEC) No equal to less than 96 % of the amount of the basic 201 2/ 74 ( 7) of 30 July 1974 laying down detailed rules product has been processed, shall be released in for the application of Regulation (EEC) No 1 132/74 as respect of an amount equal to that of the produc­ regards production refunds in the cereals and rice tion refund payable on the quantity of the basic sector, as last amended by Regulation (EEC) No product which has been processed . 10/75 (8), provides that the production refund shall be granted only when the person entitled to the refund The security or part thereof not released in accor­ has lodged a security equal to the refund requested, plus 5 % ; dance with this Article shall be forfeit and applied by way of reimbursement of the refund paid .' Whereas at present this security may not be released until the person entitled to the refund has furnished Article 2 proof that at least 96 % of the quantity of the basic product placed under official supervision has been processed within the period allowed ; whereas experi­ Paragraph 4 of Article 4 of Regulation ( EEC) No ence has shown that the manufacturer, because of 2012/ 74 is deleted . changes in market conditions, is not always in a posi­ tion to process within the period allowed the quantity of products under supervision ; whereas in order to Article 3 avoid excessive finance costs in such cases it appears advisable to provide for the security to be released in This Regulation shall enter into force on the third day respect of an amount equal to that of the production following its publication in the Official Journal of refund payable on the amount of the basic product the European Communities. actually processed ; Where those concerned so request, it shall be applied (') OJ No 117 , 19 . 6 . 1967, p . 2269/ 67 . with effect from : (2 ) OJ No L 11 , 16 . 1 . 1975, p. 1 . (3 ) OJ No 174, 31 . 7 . 1967, p . 1 . (") OJ No L 52, 28 . 2 . 1975, p . 31 . — 1 August 1 974 for products covered by Regulation (5 ) OJ No L 128 , 10 . 5 . 1974, p. 24 . No 1 20 / 67/ EEC , (6) OJ No L 332, 12. 12 . 1974, p. 1 . ( 7) OJ No L 209 , 31 . 7 . 1974, p. 44. — 1 September 1974 for products covered by Regula­ (8 ) OJ No L 1 , 3 . 1 . 1975 , p. 24. tion No 359 / 67 / EEC .

25 . 3 . 75 No L 76 / 25 Official Journal of the European Communities

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

Done at Brussels, 24 March 1975 .

For the Commission

P.J. LARDINOIS Member of the Commission