31978R1368

23 . 6. 78 No L 166/26 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1368/78 of 22 June 1978 laying down the conditions for granting carry-over payments for stocks of common wheat of bread-making quality, rye intended for bread-making and maize remaining at the end of the 1977/78 marketing year

THE COMMISSION OF THE EUROPEAN and might be early in other regions also, and since it COMMUNITIES, is necessary to supervise the grant of carry-over payments, a declaration of stocks held on 31 May Having regard to the Treaty establishing the European must be required of all applicants ; Economic Community,

Having regard to Council Regulation (EEC) No Whereas in Italy common wheat of the new harvest 2727/75 of 29 October 1975 on the common organiza­ can be marketed before the end of the marketing tion of the market in cereals (1), as last amended by year ; whereas, consequently, to avoid fraud, the Regulation (EEC) No 1254/78 (2), and in particular payment should be available only for stocks held in Article 9 thereof, that Member State on 31 May 1978 unless the appli­ cant can prove that the cereal to which his application Whereas stocks of cereals remaining at the end of a relates came from another Member State ; marketing year are generally held by the trade or by processing industry ; whereas to simplify the adminis­ tration of the payments, in particular as regards super­ Whereas every year in certain regions of the Commu­ vision, the carry-over payment provided for by Article nity, and throughout the Community when the 9 of Regulation (EEC) No 2727/75 and by Council harvest is particularly early, common wheat of the Regulation (EEC) No 1258/78 of 12 June 1978 fixing new harvest may be marketed before 31 July ; whereas a carry-over payment for stocks of common wheat of no carry-over payment should be granted for such bread-making quality, rye intended for bread-making common wheat, whatever the place of storage in the and maize remaining at the end of the 1977/78 Community on 31 July ; whereas a carry-over marketing year (3), should be granted at the trade or payment should be granted on common wheat har­ processing industry stage ; whereas, in the case of rye vested in a Member State where the harvest is early of bread-making quality, supervision requirements are and stored in another Member State between 31 May such that the payment should be made only to the and the end of the marketing year only if proof is milling industry ; furnished, preferably by a certificate issued by the competent authority of the Member State in whose Whereas in many areas the processing industry, and territory the wheat was harvested, that the wheat is not in particular the milling industry, does not have the of the new harvest ; extensive storage capacity available to the trade from which it generally obtains its supplies ; whereas the minimum stocks which it is required to hold should Whereas, to avoid halting purchases of Community therefore be lower than those required of that trade ; produced cereals between 1 June and 31 July 1978, undertakings holding no stocks or insufficient stocks Whereas to qualify for the carry-over payment, on 31 May 1978 should receive the carry-over common wheat of bread-making quality must meet payment in respect of any stocks held by them on 31 the minimum standards for bread-making fixed by July 1978 provided they prove that the cereals Council Regulation (EEC) No 1155/77 of 17 May purchased by them between those two dates qualify 1977 (4) ; whereas the observance of these standards is therefor ; determined in accordance with the method fixed by Commission Regulation (EEC) No 1628/77 of 20 July 1977 laying down the method for determining the Whereas provision should also be made for granting minimum bread-making quality of common the carry-over payment to an undertaking which, wheat (5) ; having been awarded a contract under an invitation to tender for the supply of flour as food aid, has Whereas since the common wheat and rye harvest in advanced a certain quantity of cereals which remains certain regions of the Community is generally early, to be replaced by an intervention agency ; being gathered before the end of the marketing year,

(») OJ No L 281 , 1 . 11 . 1975, p. 1 . Whereas the procedures and supervision measures as (2) OJ No L 156, 14. 6. 1978, p. 1 . regards stocks of cereals and their movements should 0 OJ No L 156, 14. 6. 1978, p. 7. be the responsibility of the competent agencies of (4) OJ No L 136, 2. 6. 1977, p. 10. (') OJ No L 181 , 21 . 7. 1977, p. 20. each Member State ; whereas those agencies should

23 . 6 . 78 Official Journal of the European Communities No L 166/ 27

take the necessary measures to ensure that Commu­ cereals specified in Article 1 owned by him, where nity provisions governing the grant of carry-over appropriate, on 31 May 1978 and the name of the payments are observed ; stores and warehouse where the stocks may be inspected ; Whereas the Management Committee for Cereals has (b) lodge by registered letter, telex or telegram sent not delivered an opinion within the time limit set by not later than 7 August 1978 an application for its chairman, carry-over payment to the same competent authority, specifying the quantities of the said cereals owned by him on 31 July 1978 . This appli­ cation shall include at least the information and HAS ADOPTED THIS REGULATION : declarations set out in Annex II hereto .

Article 1 2. The undertakings referred to in Article 1 which on 31 May 1978 hold no stocks or insufficient stocks The carry-over payment provided for in Article 1 of and conequently do not make the declaration Regulation (EEC) No 1258/78 shall be granted to : provided for in paragraph 1 (a) or have produced a declaration concerning the insufficiency of their stock (a) trading and processing undertakings in respect of on that date shall receive a carry-over payment on stocks of common wheat of bread-making quality such stocks as they hold on 31 July 1978 provided within the meaning of Regulation (EEC) No they prove that cereals purchased by them between 1 1155/77 harvested in the Community and owned June and 31 July 1978 were purchased from an inter­ by them on 31 July 1978 ; vention agency or from stocks declared under para­ (b) milling undertakings in respect of stocks of rye graph 1 (a) and provided they lodge their application intended for bread-making, within the meaning of in accordance with paragraph 1 (b). Article 7 (2) of Regulation (EEC) No 2727/75, har­ vested in the Community and owned by them on the aforesaid date ; Article 4 (c) trading and processing undertakings in respect of stocks of maize harvested in the Community, owned by them on the aforesaid date and held in 1 . In Italy, stocks of common wheat of bread­ the surplus production zones listed in Annex 1 making quality qualifying for carry-over payment on hereto . 31 July 1978 may not exceed those which were declared under Article 3 ( 1 ) (a), unless the applicant proves that this wheat was harvested in another Article 2 Member State or that it was bought between 1 June and 31 July 1978 from the Italian intervention agency 1 . The minimum amount necessary to enable a and originated from stocks remaining from the pre­ stock to qualify for a carry-over payment shall be : vious harvest.

— 75 tonnes for common wheat of bread-making quality and maize owned by trading undertakings, 2. Common wheat of bread-making quality har­ — 20 tonnes for maize owned by the processing vested in France or Italy, in storage in another Member State on 31 July 1978 and not included on industry, 31 May 1978 in the stocks declared to the competent — 10 tonnes for common wheat of bread-making authority of the latter State before 30 June 1978 , shall quality owned by the processing industry and also qualify for carry-over payment only if the applicant for rye intended for bread-making. proves that it does not come from the 1978 harvest. To this end, without prejudice to Article 6 (1 ) and (2) 2. The minimum quantities referred to above shall the applicant shall submit a certificate of sale issued apply to lots of uniform quality, stored within a single by the competent French or Italian authorities. warehouse .

3. If common wheat of bread-making quality of the Article 3 new harvest is marketed in another Member State before 31 July 1978 as a result of an exceptionally 1 . To receive a carry-over payment from the compe­ early harvest, paragraph 2 shall apply to common tent authority of the Member State in whose territory wheat of bread-making quality harvested in that the stocks are situated, the applicant shall : Member State .

(a) declare by registered letter, telex or telegram sent before 30 June 1978 to the competent authority Whether or not the harvest is early shall be esta­ concerned his intention to apply for a carry-over blished by the Commission in the light of informa­ payment indicating the quantities of each of the tion supplied to this end by the Member States.

No L 166/28 Official Journal of the European Communities 23 . 6 . 78

Article 5 account of the specific conditions in their territory, and in particular shall determine when the stocks and Without prejudice to Article 2 (1 ), where the condi­ their movements are to be inspected. It may also fix tions for mobilizing cereals to be made into flour and deadlines earlier than those provided for in Article 3 exported as food aid provide that the successful ( 1 ) (a) and (b). tenderer shall take over a given quantity of common wheat from the stocks of an intervention agency and, 3 . Member States shall send the Commission, not in order to expedite the provision of the aid the later than 31 January 1979, a written report on the successful tenderer has supplied an equivalent quan­ operation of this Regulation. tity of common wheat from his own stocks, the carry­ over payment provided for in Article 1 of Regulation 4. In each Member State, the competent authority (EEC) No 1258/78 shall be granted to him for the shall be the intervention agency or any other agency quantity of common wheat which on 31 July 1978 he appointed by the Member State. still has to take over from the intervention agency's warehouse . Article 7 Article 6 This Regulation shall not apply in Member States where the calculation of the carry-over payment gives 1 . The competent authority of each Member State an amount in national currency which is equal to or shall carry out the necessary checks on stocks and less than zero . their movements in its territory.

Where a product fails a test of its bread-making Article 8 quality, the costs of such test shall be borne by the applicant. This Regulation shall enter into force on the third day 2. The competent authority of each Member State following its publication in the Official Journal of shall take all additional measures necessary to take the European Communities.

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

Done at Brussels, 22 June 1978 . For the Commission

Finn GUNDELACH Vice-President

23 . 6 . 78 Official Journal of the European Communities No L 166/29

ANNEX I

Surplus production zones for maize

All the economic regions of France, with the exception of the Nord and Provence/Cote d'Azur economic regions and of the departments of Gard, Herault, Lozère, Pyrenees Orientales and Vosges.

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 1978 harvest ; (b) the cereal was harvested in the Community ; (c) the applicant owns the cereal ; (d) the cereal is of fair and sound marketable quality, for maize as defined in Regulation (EEC) No 1569/77, for rye intended for bread-making as defined in Article 6 of Regulation (EEC) No 1 570/77, for common wheat of bread-making quality as defined in Article 5 (2) of Regula­ tion (EEC) No 1629/77 ; (e) the common wheat of bread-making quality meets the minimum standards for bread-making fixed by Council Regulation (EEC) No 1 1 55/77, determined according to the method of deter­ mining the minimum bread-making quality of common wheat defined by Commission Regu­ lation (EEC) No 1628/77.