Avis juridique important

Commission Regulation (EEC) No 2835/77 of 19 December 1977 laying down detailed rules with respect to aid for durum wheat Official Journal L 327 , 20/12/1977 P. 0009 - 0010 Greek special edition: Chapter 03 Volume 19 P. 0206 Spanish special edition: Chapter 03 Volume 13 P. 0160 Portuguese special edition Chapter 03 Volume 13 P. 0160

**** ( 1 ) OJ NO L 281 , 1 . 11 . 1975 , P . 1 . ( 2 ) OJ NO L 158 , 29 . 6 . 1977 , P . 1 . ( 3 ) OJ NO L 351 , 21 . 12 . 1976 , P . 1 . ( 4 ) OJ NO L 188 , 1 . 8 . 1968 , P . 1 . COMMISSION REGULATION ( EEC ) NO 2835/77 OF 19 DECEMBER 1977 LAYING DOWN DETAILED RULES WITH RESPECT TO AID FOR DURUM WHEAT THE COMMISSION OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2727/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1386/77 ( 2 ), AND IN PARTICULAR ARTICLE 10 ( 5 ) THEREOF , 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 ; WHEREAS THE COMMISSION MUST LAY DOWN THE DETAILED RULES FOR THEIR APPLICATION ; WHEREAS THE CRITERIA FOR DETERMINATING THE QUALITATIVE AND TECHNICAL CHARACTERISTICS WERE LAID DOWN BY REGULATION ( EEC ) NO 3103/76 ; WHEREAS SUCH CHARACTERISTICS MUST GUARANTEE THAT THE DURUM WHEAT IS CAPABLE OF BEING MADE INTO SEMOLINA OR PASTA MEETING CERTAIN REQUIREMENTS FOR HUMAN CONSUMPTION ; WHEREAS THE BEST INDICATOR OF THESE IS THE STICKINESS OF THE PASTA WHEN COOKED ; WHEREAS ARTICLE 4 OF REGULATION ( EEC ) NO 3103/76 PROVIDES THAT MEMBER STATES ARE TO INTRODUCE A SYSTEM OF ADMINISTRATIVE SUPERVISION TO ENSURE THAT THE PRODUCT FOR WHICH AID IS REQUESTED MEETS THE REQUIREMENTS FOR GRANTING SUCH AID ; WHEREAS AN APPLICATION FOR AID MUST CONTAIN A MINIMUM NUMBER OF PARTICULARS TO ENABLE MEMBER STATES TO MAKE THE NECESSARY CHECKS ; WHEREAS ARTICLE 5 OF REGULATION ( EEC ) NO 3103/76 PROVIDES FOR A RANDOM ON-THE-SPOT-CHECK TO ASCERTAIN THE ACCURACY OF THE DECLARATIONS ; WHEREAS , IF SUCH CHECKS ARE TO BE EFFECTIVE , THEY MUST BE CARRIED OUT UPON A SUFFICIENTLY REPRESENTATIVE NUMBER OF APPLICATIONS FOR AID ; WHEREAS ARTICLE 4 ( 2 ) OF COUNCIL REGULATION ( EEC ) NO 1134/68 OF 30 JULY 1968 LAYING DOWN RULES FOR THE IMPLEMENTATION OF REGULATION ( EEC ) NO 653/68 ON CONDITIONS FOR ALTERATIONS TO THE VALUE OF THE UNIT OF ACCOUNT USED FOR THE COMMON AGRICULTURAL POLICY ( 4 ) PROVIDES THAT THE AMOUNT OF THE AID IS TO BE CONVERTED INTO NATIONAL CURRENCY AT THE RATE PREVAILING ON THE DATE THE TRANSACTION OR PART TRANSACTION IS CARRIED OUT ; WHEREAS UNDER ARTICLE 6 THEREOF THE TIME WHEN A TRANSACTION IS CARRIED OUT IS CONSIDERED AS BEING THE DATE OF THE EVENT IN WHICH THE AID BECOMES DUE AND PAYABLE ; WHEREAS IN THE CASE OF DURUM WHEAT SUCH EVENT OCCURS ON HARVEST ; WHEREAS , IN VIEW OF THE DIFFICULTY 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 IN RESPECT OF WHICH THE ENTITLEMENT TO AID ARISES ; WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR CEREALS , HAS ADOPTED THIS REGULATION : ARTICLE 1 THE AID REFERRED TO IN ARTICLE 10 OF REGULATION ( EEC ) NO 2727/75 SHALL BE GRANTED FOR DURUM WHEAT PRODUCED IN THE COMMUNITY IN ACCORDANCE WITH THE CONDITIONS SET OUT IN THE FOLLOWING ARTICLES . ARTICLE 2 IN ORDER TO BE ELIGIBLE FOR THE AID THE DURUM WHEAT SHALL EITHER : - HAVE QUALITATIVE AND TECHNICAL CHARACTERISTICS ESTABLISHING THAT PASTA MADE THEREFROM IS NOT STICKY WHEN COOKED , OR - HAVE BEEN PRODUCED FROM SEED OF CERTAIN VARIETIES WHOSE POSSESSION OF SUCH CHARACTERISTICS CAN BE VERIFIED BY THE MEMBER STATES . ARTICLE 3 WITHIN THE REGIONS OF THE COMMUNITY WHERE THE AID IS PROVIDED FOR , IT MAY BE GRANTED ONLY FOR AREAS : ( A ) WHICH HAVE BEEN FULLY SOWN AND HAD NORMAL CULTIVATION WORK CARRIED OUT UPON THEM ; ( B ) 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 CULTIVATED . ARTICLE 4 1 . EVERY PRODUCER OF DURUM WHEAT WISHING TO OBTAIN AID SHALL SUBMIT AN APPLICATION THEREFORE TO THE COMPETENT AGENCY IN THE MEMBER STATE CONCERNED BEFORE A DATE TO BE FIXED BY THAT MEMBER STATE AND IN ANY EVENT NOT LATER THAN 30 APRIL EACH YEAR FOR THE FOLLOWING MARKETING YEAR . 2 . THE APPLICATION FOR AID SHALL INCLUDE AT LEAST THE FOLLOWING PARTICULARS : - THE NAME , FORENAMES AND ADDRESS OF THE APPLICANT , - THE AREAS CULTIVATED IN HECTARES AND IN ARES , THE CADASTRAL REFERENCE OF SUCH AREAS OF AN INDICATION RECOGNIZED AS EQUIVALENT BY THE AGENCY RESPONSIBLE FOR CHECKING THE AREAS , - THE VARIETY OF SEED USED . ARTICLE 5 THE CHECKS PROVIDED FOR IN ARTICLE 5 OF REGULATION ( EEC ) NO 3103/76 SHALL COVER AT LEAST A REPRESENTATIVE PERCENTAGE OF THE APPLICATIONS SUBMITTED , TAKING INTO ACCOUNT THE GEOGRAPHICAL DISTRIBUTION OF THE AREAS CONCERNED . SUCH PERCENTAGE SHALL NOT IN ANY CASE BE LESS THAN 5 % . ARTICLE 6 1 . THE MEMBER STATE SHALL PAY THE AID FOR DURUM WHEAT BY 30 APRIL IN THE MARKETING YEAR IN QUESTION . 2 . THE EVENT WITHIN THE MEANING OF ARTICLE 6 OF REGULATION ( EEC ) NO 1134/68 BY WHICH THE AID BECOMES DUE AND PAYABLE SHALL BE REGARDED AS OCCURRING ON 1 AUGUST IN THE MARKETING YEAR IN QUESTION . ARTICLE 7 THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . IT SHALL APPLY TO DURUM WHEAT IN RESPECT OF WHICH THE AID IS GRANTED WITH EFFECT FROM THE 1978/79 MARKETING YEAR . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 19 DECEMBER 1977 . FOR THE COMMISSION FINN GUNDELACH VICE-PRESIDENT

****

( 1 ) OJ NO L 281 , 1 . 11 . 1975 , P . 1 .

( 2 ) OJ NO L 158 , 29 . 6 . 1977 , P . 1 .

( 3 ) OJ NO L 351 , 21 . 12 . 1976 , P . 1 .

( 4 ) OJ NO L 188 , 1 . 8 . 1968 , P . 1 .

COMMISSION REGULATION ( EEC ) NO 2835/77

OF 19 DECEMBER 1977

LAYING DOWN DETAILED RULES WITH RESPECT TO AID FOR DURUM WHEAT

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2727/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1386/77 ( 2 ), AND IN PARTICULAR ARTICLE 10 ( 5 ) THEREOF ,

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 ; WHEREAS THE COMMISSION MUST LAY DOWN THE DETAILED RULES FOR THEIR APPLICATION ;

WHEREAS THE CRITERIA FOR DETERMINATING THE QUALITATIVE AND TECHNICAL CHARACTERISTICS WERE LAID DOWN BY REGULATION ( EEC ) NO 3103/76 ; WHEREAS SUCH CHARACTERISTICS MUST GUARANTEE THAT THE DURUM WHEAT IS CAPABLE OF BEING MADE INTO SEMOLINA OR PASTA MEETING CERTAIN REQUIREMENTS FOR HUMAN CONSUMPTION ; WHEREAS THE BEST INDICATOR OF THESE IS THE STICKINESS OF THE PASTA WHEN COOKED ;

WHEREAS ARTICLE 4 OF REGULATION ( EEC ) NO 3103/76 PROVIDES THAT MEMBER STATES ARE TO INTRODUCE A SYSTEM OF ADMINISTRATIVE SUPERVISION TO ENSURE THAT THE PRODUCT FOR WHICH AID IS REQUESTED MEETS THE REQUIREMENTS FOR GRANTING SUCH AID ; WHEREAS AN APPLICATION FOR AID MUST CONTAIN A MINIMUM NUMBER OF PARTICULARS TO ENABLE MEMBER STATES TO MAKE THE NECESSARY CHECKS ; WHEREAS ARTICLE 5 OF REGULATION ( EEC ) NO 3103/76 PROVIDES FOR A RANDOM ON-THE-SPOT-CHECK TO ASCERTAIN THE ACCURACY OF THE DECLARATIONS ; WHEREAS , IF SUCH CHECKS ARE TO BE EFFECTIVE , THEY MUST BE CARRIED OUT UPON A SUFFICIENTLY REPRESENTATIVE NUMBER OF APPLICATIONS FOR AID ;

WHEREAS ARTICLE 4 ( 2 ) OF COUNCIL REGULATION ( EEC ) NO 1134/68 OF 30 JULY 1968 LAYING DOWN RULES FOR THE IMPLEMENTATION OF REGULATION ( EEC ) NO 653/68 ON CONDITIONS FOR ALTERATIONS TO THE VALUE OF THE UNIT OF ACCOUNT USED FOR THE COMMON AGRICULTURAL POLICY ( 4 ) PROVIDES THAT THE AMOUNT OF THE AID IS TO BE CONVERTED INTO NATIONAL CURRENCY AT THE RATE PREVAILING ON THE DATE THE TRANSACTION OR PART TRANSACTION IS CARRIED OUT ; WHEREAS UNDER ARTICLE 6 THEREOF THE TIME WHEN A TRANSACTION IS CARRIED OUT IS CONSIDERED AS BEING THE DATE OF THE EVENT IN WHICH THE AID BECOMES DUE AND PAYABLE ; WHEREAS IN THE CASE OF DURUM WHEAT SUCH EVENT OCCURS ON HARVEST ; WHEREAS , IN VIEW OF THE DIFFICULTY 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 IN RESPECT OF WHICH THE ENTITLEMENT TO AID ARISES ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR CEREALS ,

HAS ADOPTED THIS REGULATION :

THE AID REFERRED TO IN ARTICLE 10 OF REGULATION ( EEC ) NO 2727/75 SHALL BE GRANTED FOR DURUM WHEAT PRODUCED IN THE COMMUNITY IN ACCORDANCE WITH THE CONDITIONS SET OUT IN THE FOLLOWING ARTICLES .

IN ORDER TO BE ELIGIBLE FOR THE AID THE DURUM WHEAT SHALL EITHER :

- HAVE QUALITATIVE AND TECHNICAL CHARACTERISTICS ESTABLISHING THAT PASTA MADE THEREFROM IS NOT STICKY WHEN COOKED , OR

- HAVE BEEN PRODUCED FROM SEED OF CERTAIN VARIETIES WHOSE POSSESSION OF SUCH CHARACTERISTICS CAN BE VERIFIED BY THE MEMBER STATES .

WITHIN THE REGIONS OF THE COMMUNITY WHERE THE AID IS PROVIDED FOR , IT MAY BE GRANTED ONLY FOR AREAS :

( A ) WHICH HAVE BEEN FULLY SOWN AND HAD NORMAL CULTIVATION WORK CARRIED OUT UPON THEM ;

( B ) 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 CULTIVATED .

1 . EVERY PRODUCER OF DURUM WHEAT WISHING TO OBTAIN AID SHALL SUBMIT AN APPLICATION THEREFORE TO THE COMPETENT AGENCY IN THE MEMBER STATE CONCERNED BEFORE A DATE TO BE FIXED BY THAT MEMBER STATE AND IN ANY EVENT NOT LATER THAN 30 APRIL EACH YEAR FOR THE FOLLOWING MARKETING YEAR .

2 . THE APPLICATION FOR AID SHALL INCLUDE AT LEAST THE FOLLOWING PARTICULARS :

- THE NAME , FORENAMES AND ADDRESS OF THE APPLICANT ,

- THE AREAS CULTIVATED IN HECTARES AND IN ARES , THE CADASTRAL REFERENCE OF SUCH AREAS OF AN INDICATION RECOGNIZED AS EQUIVALENT BY THE AGENCY RESPONSIBLE FOR CHECKING THE AREAS ,

- THE VARIETY OF SEED USED .

THE CHECKS PROVIDED FOR IN ARTICLE 5 OF REGULATION ( EEC ) NO 3103/76 SHALL COVER AT LEAST A REPRESENTATIVE PERCENTAGE OF THE APPLICATIONS SUBMITTED , TAKING INTO ACCOUNT THE GEOGRAPHICAL DISTRIBUTION OF THE AREAS CONCERNED .

SUCH PERCENTAGE SHALL NOT IN ANY CASE BE LESS THAN 5 % .

ARTICLE 6

1 . THE MEMBER STATE SHALL PAY THE AID FOR DURUM WHEAT BY 30 APRIL IN THE MARKETING YEAR IN QUESTION .

2 . THE EVENT WITHIN THE MEANING OF ARTICLE 6 OF REGULATION ( EEC ) NO 1134/68 BY WHICH THE AID BECOMES DUE AND PAYABLE SHALL BE REGARDED AS OCCURRING ON 1 AUGUST IN THE MARKETING YEAR IN QUESTION .

ARTICLE 7

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL APPLY TO DURUM WHEAT IN RESPECT OF WHICH THE AID IS GRANTED WITH EFFECT FROM THE 1978/79 MARKETING YEAR .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 19 DECEMBER 1977 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT