31975R1955

31 . 7 . 75 Official Journal of the European Communities No L 200 / 1

I

(Acts whose publication is obligatory)

REGULATION ( EEC) No 1955 / 75 OF THE COUNCIL of 22 July 1975 on production refunds in the cereals and rice sectors

THE COUNCIL OF THE EUROPEAN between the use of these products and the use of COMMUNITIES, maize ; whereas , however, the level of the abovemen­ tioned refunds should be guaranteed only in so far as Having regard to the Treaty establishing the European the price of the basic products on the world market is Economic Community ; situated below the threshold price for each of these products ; Having regard to Council Regulation No 120/ 67/ EEC (') of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ Whereas on account of the connection between the lation ( EEC) No 665/ 75 (2 ), and in particular Article production prices of the raw materials used in the 1 1 (3) thereof ; manufacture of cereal and potato starches and of the interchangeability of these two products, a balanced Having regard to Council Regulation No 359 / relationship should be maintained between the prices 67/ EEC (3 ) of 25 July 1967 on the common organiza­ of these products ; whereas the refund granted should tion of the market in rice , as last amended by Regula­ therefore be the same for both of these products ; tion ( EEC) No 668 /75 (4), and in particular Article 9 whereas, however, the refund paid to producers of ( 2) thereof ; potato starch should be such as to assure Community potato producers of a price allowing them a fair Having regard to the proposal from the Commission ; income , while the market conditions for cereals used Whereas, on account of the special situation on the in starch manufacture and the common market organi­ market in starches and, in particular, the need for the zations governing them are such as to ensure that starch industry to ensure that its prices are competi­ their price is in fact held at the level of the threshold tive with those of substitute products, Regulations No price ; whereas steps should therefore be taken to 120/ 67/ EEC and No 359 /67/ EEC provided for the ensure that potato producers ultimately benefit from granting of a production refund , in order that the the refund paid to producers of potato starch ; starch industry might obtain the basic products it requires at a lower price than that which would result Whereas the production refund to be granted on from the application of the rules of the common groats and meal for the manufacture of glucose by the organization of the markets in the products in ques­ process known as direct hydrolysis should be fixed at tion ; such a level as to achieve a balance between glucose Whereas an assessment of the situation resulting from manufactured by such a process and glucose manufac­ tured from starch ; the level of common prices and from the competition between , on the on hand maize starch , rice starch and potato starch and on the other, the substitute chem­ Whereas, in the event of appreciable and persistent ical products, indicates that the production refund on maize used in starch manufacture should be fixed at variations in the world price of maize , common wheat and broken rice , these refunds should be limited , so 1 ()•()() units of account per metric ton ; whereas a long as world market prices remain high , in such a production refund of 16-30 units of account per metric ton of common wheat and of 12-30 units of way as to avoid disturbances in the Community market and to prevent the financial burden of produc­ account per metric ton of broken rice used for starch tion refunds from becoming excessive ; manufacture would be aimed at ensuring a balance

(') OJ No 117, 29 . 6 . 1967, p . 2269 / 67 . Whereas the abovementioned measures should not (2 ) OJ No L 72, 20 . 3 . 1975, p. 14 . ( 3 ) OJ No 174, 31 . 7 . 1967, p . 1 . disturb the markets in third countries ; whereas , there­ (4 ) OJ No L 72, 20 . 3 . 1975, p. IS . fore, in the event of an appreciable and persistent

No L 200 / 2 Official Journal of the European Communities 31 . 7 . 75

increase in prices on the said markets, provision 3 . Member States shall grant a production refund should be made for compensatory measures consisting on broken rice for the manufacture of starch of 12-30 of the charging of a levy on exported products with a units of account per metric ton , less any accession view to reducing the advantages granted to Commu­ compensatory amount applicable for broken rice . nity manufacturers to an appropriate level ;

Whereas under Article 57 of the Act of Accession (') in fixing the level of the various elements of the price TITLE II and intervention system , execpt for intervention prices, account is to be taken for the new Member Production refunds on potato starch States, to the extent necessary for the proper func­ tioning of Community rules , of the difference in prices expressed by the compensatory amount ; Article 2 whereas, however, for the application of this provision , the compensatory amount may be reduced in accor­ Member States shall grant a production refund of dance with Article 7 of Council Regulation (EEC) No 10 00 units of account per metric ton of potato starch , 229 /73 (2 ) of 31 January 1973 laying down general less any applicable accession compensatory amounts rules for the system of compensatory amounts for for maize and multiplied by the coefficient 1-61 . cereals and fixing these for certain products, as last amended by Regulation (EEC) No 2518 /74 (3 ) and Article 5 of Council Regulation ( EEC) No 243 /73 (4 ) Article 3 of 31 January 1973 laying down general rules for the system of compensatory amounts for rice and fixing these amounts for certain products, as last amended 1 . The price to be paid to the producer at the deli­ by Regulation ( EEC) No 1999 /74 (5 ) ; vered-to-factory stage for the quantity of potatoes required to manufacture a metric ton of potato starch Whereas, for reasons of clarity, it is desirable that the shall be equal to the amount of the production refund provisions relating to production refunds on cereals mentioned in Article 2, increased by an amount of and rice form the subject of a new Regulation and not less than 162-00 units of account . that Council Regulation ( EEC) No 1 1 32/ 74 (6) of 29 April 1974 on production refunds in the cereals and 2 . The production refund shall be calculated on the rice sectors as amended by Regulation ( EEC) No basis of the quantity of potatoes delivered to starch 311 3 / 74 ( 7) therefore be repeated , manufacturers, account being taken of the starch content of the potatoes at the time of delivery.

It shall be paid in full to the starch manufacturer if he HAS ADOPTED THIS REGULATION : furnishes proof :

— of the quantities of potatoes delivered to him and TITLE I their starch content at the time of delivery ; Prodution refunds on cereal starch — of payment to the producer of an amount not less than the price fixed in paragraph 1 , account being taken of the starch content of the potatoes . Article 1 Where the price to the producer is less than the 1 . Member States shall grant a production refund minimum referred to in the second indent of the on maize for the manufacture of starch of 10-00 units second paragraph , the refund paid to the starch manu­ of account per metric ton less any accession compen­ facturer shall be reduced by the difference in question . satory amount applicable .

2 . Member States shall grant a production refund on common wheat for the manufacture of starch of TITLE III 16-30 units of account per metric ton , less any acces­ sion compensatory amount applicable for common Production refunds on maize groats wheat . and meal and broken rice

') 0 | No L 73 , 27 . 3 . 1972 , p . 14 . -) OJ No L 27 , 1 . 2 . 1973 , p . 25 . ■') OJ No L 270 , 5 . 10 . 1974, p . 1 . Article 4 4 ) Of No L 29 , 1 . 2 . 1 973 , p . 26 . 5 ) O'l No L 209 , 31 . 7. 1974, p. 5 . b) O'l No L 1 28 , 10 . 5. 1974, p. 24. Member States shall grant a production refund on 7 ) OJ No L 332 , 12 . 12 . 1974, p . 1 . maize groats and meal for the manufacture of glucose

31 . 7 . 75 Official Journal of the European Communities No L 200/3

under subheading 17.02 B II of the Common of the quantity of products for which production Customs Tariff ( ! ) by the process known as direct refunds have been paid . hydrolysis . Article 8 The production refund per metric ton of maize groats and meal so used shall be 10-00 units of account less any applicable accession compensatory amount for Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure maize and multiplied by the coefficient 1-23 . laid down in Article 26 of Regulation No 120/67/ EEC and Article 26 of Regulation No 359 /67/EEC in parti­ Article 5 cular as regards : Member States shall take all necessary measures to (a) the export levy referred to in Article 6 (2) ; ensure that the refund referred to in Article 4 is limited to the quantities of maize groats and meal (b) the granting of advances on production refunds actually used in the Community by the glucose which may involve the giving of security ; industry . (c) the calculation , in accordance with a scale drawn up in terms of the starch content of the product, TITLE IV of the quantity of potatoes required to manufac­ ture 1 metric ton of starch ; General provisions (d) the conditions under which potatoes are accepted Article 6 and paid for and the conditions under which the proof mentioned in the second subparagraph of 1 . If the prices of the basic products mentioned in Article 3 (2) must be furnished . Article 1 show appreciable and persistent variations on the world market in relation to their respective Article 9 threshold prices less the production refund, the production refunds specified in Articles 1 , 2 and 4 Regulation (EEC) No 1132/74 is hereby repealed with may be altered by the Council acting on a qualified effect from the dates referred to in Article 10 for the majority on a proposal from the Commission . products mentioned therein . 2 . If the world market price of maize, common However, this Regulation shall remain applicable for wheat or broken rice appreciably and persistently the refunds granted for the products in question exceeds its respective threshold price less the produc­ before these dates . tion refund , an export levy shall be introduced for products falling within headings 11.08 A, 11.09, 17.02 B II , 17.05 B and 23.03 A I of the Common Customs Article 10 Tariff to compensate for this excess . The Commission shall fix the export levy. This Regulation shall enter into force : — on 1 August 1 975, for products covered by Regula­ Article 7 tion No 120 / 67/ EEC, Member States shall inform the Commission not later — on 1 September 1975, for products covered by than four months after the end of the marketing year Regulation No 359/ 67/ EEC .

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

Done at Brussels , 22 July 1975 . For the Council The President

G. MARCORA

(') Pursuant to Regulation No 189/ 66/ EEC, the products falling within tariff subheading 17.02 B I are subject to the same arrangements as those laid down for products falling within subheading 17.02 B II .