31977R0120

No L 19/28 Official Journal of the European Communities 22 . 1 . 77

COMMISSION REGULATION ( EEC) No 120 / 77 of 21 January 1977 laying down detailed rules with respect to aid for durum wheat for the 1977 /78 marketing year

THE COMMISSION OF THE EUROPEAN saction is carried out is considered as being the date COMMUNITIES, of the event in which the aid becomes due and payable ; whereas in the case of durum wheat such Having regard to the Treaty establishing the European event occurs on harvest ; whereas, in view of the diffi­ Economic Community, culty of determining the exact date of harvest in each case, the date to be taken as the representative date of harvest should be the first day of the marketing year Having regard to Council Regulation ( EEC) No in respect of which the entitlement to aid arises ; 2727/ 75 of 29 October 1975 on the common organiza­ tion of the market in cereals (>), as last amended by Whereas the measures provided for in this Regulation Regulation (EEC) No 31 38 /76 (2), and in particular are in accordance with the opinion of the Manage­ Article 10 (5) thereof, ment Committee for Cereals, Whereas Council Regulation ( EEC) No 3103 / 76 of 16 December 1976 on aid for durum wheat (3), laid down general rules with respect to aid for durum wheat ; HAS ADOPTED THIS REGULATION : whereas the Commission must lay down the detailed rules for their application ;

Article 1 Whereas the criteria for the determination of qualita­ tive and technical characteristics have been laid down by Council Regulation (EEC) No 3103/ 76 ; whereas For the 1977/ 78 marketing year the aid referred to in such characteristics must guarantee that the durum Article 10 of Regulation ( EEC) No 2727/75 shall be wheat is capable of being made into semolina or pasta granted for durum wheat produced in the Community in accordance with the conditions set out in the meeting certain requirements for human consump­ tion ; whereas the best indicator of these is the sticki­ following Articles . ness of the pasta when cooked ;

Article 2 Whereas pursuant to Article 4 of Regulation ( EEC) No 3103 /76 Member States are to institute a system of administrative supervision to ensure that the product In order to be eligible for the aid the durum wheat for which aid is requested meets the conditions laid shall either : down . for the granting thereof ; whereas an application for aid must contain a minimum number of particu­ — have qualitative and technical characteristics esta­ lars to enable Member States to make the necessary blishing that pasta made therefrom is not sticky when cooked , or checks ; whereas Article 5 of Regulation ( EEC) No 3103/76 provides for a spot check of the accuracy of — have been produced from seed of certain varieties statements ; whereas , if such checks are to be effective , whose possession of such characteristics can be they must be carried out upon a sufficiently represen­ verified by the Member States . tative number of aid applications ;

Whereas, pursuant to Article 4 ( 2) of Council Regula­ Article 3 tion ( EEC) No 1134/ 68 of 30 July 1968 laying down rules for the implementation of Regulation ( EEC ) No The aid may be granted only for areas : 653 / 68 on conditions for alterations to the value of the unit of account used for the common agricultural (a ) within : policy (4 ), the amount of the aid is to be converted into national currency at the rate prevailing on the — the regions specified in the Annex to Regula­ date the transaction or part transaction is carried out ; tion ( EEC) No 1144/ 76, whereas under Article 6 thereof the time when a tran­ — less-favoured agricultural areas within the meaning of Council Directive 75/ 268 / EEC on (') OJ No L 281 , 1 . 1 1 . 1 975 , p. 1 . mountain and hill farming and farming in ( 2 ) OJ No L 354, 24 . 12 . 1976 , p. 1 . (3 ) OJ No L 351 , 21 . 12 . 1976 , p. I. certain less-favoured areas , considered as such (4 ) OJ No L 188 , 1 . 8 . 1968 , p. 1 . on 1 August 1 977 ;

22 . 1 . 77 No L 19 /29 Official Journal of the European Communities

(b) which have been fully sown and had all normal percentage of the applications submitted, taking into cultivation work carried out upon them ; account the geographical distribution of the areas concerned . (c) for which an application has been submitted in accordance with Article 4, such application to be treated as equivalent to a declaration of the areas Such percentage shall not in any case be less than cultivated . 5 % .

Article4¶

1 . Every producer of durum wheat wishing to Article 6 obtain aid shall submit an application therefor to the competent agency in the Member State concerned before a date to be fixed by that Member State and in 1 . The Member State shall pay the aid for durum any event not later than 30 April 1977. wheat by 30 April 1978 at the latest.

2. The application for aid shall include at least the following particulars : 2. The event within the meaning of Article 6 of Regulation ( EEC) No 1134/68 in which the aid — the name , forenames and address of the applicant, becomes due and payable shall be regarded as — the areas cultivated in hectares and in ares , the occuring on 1 August 1977. cadastral reference of such areas or an indication recognized as equivalent by the agency responsible for checking the areas, — the variety of seed used . Article 7

Article 5 This Regulation shall enter into force on the third day The checks provided for in Article 5 of Regulation following its publication in the Official Journal of (EEC) No 3103/76 shall cover at least a representative the European Communities.

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

Done at Brussels, 21 January 1977 .

For the Commission

Finn GUNDELACH Vice-President