++++

( 1 ) OJ N C 63 , 13 . 3 . 1978 , P . 48 AND OJ N C 108 , 8 . 5 . 1978 , P . 57 .

( 2 ) OJ N C 101 , 26 . 4 . 1978 , P . 19 .

( 3 ) OJ N L 281 , 1 . 11 . 1975 , P . 1 .

( 4 ) OJ N L 94 , 8 . 4 . 1978 , P . 9 .

!!COUNCIL REGULATION ( EEC ) N 1125/78

OF 22 MAY 1978

AMENDING REGULATION ( EEC ) N 2727/75 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,

WHEREAS ARTICLE 11 OF COUNCIL REGULATION ( EEC ) N 2727/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( 3 ) , AS LAST AMENDED BY REGULATION ( EEC ) N 709/78 ( 4 ) , PROVIDES FOR A DISCRETIONARY PRODUCTION REFUND FOR CERTAIN PRODUCTS USED FOR THE MANUFACTURE OF STARCH , POTATO STARCH , OR GLUCOSE BY DIRECT HYDROLYSIS ; WHEREAS STARCH MAY BE IN DIRECT COMPETITION WITH QUELLMEHL USED IN BAKING OR WITH MAIZE GROATS AND MEAL USED IN BREWING ;

WHEREAS , IN ITS JUDGMENTS IN CASES 117/76 AND 16/77 AND IN CASES 124/76 AND 20/77 , THE COURT OF JUSTICE CONSIDERED IT INCONSISTENT WITH THE PRINCIPLE OF EQUALITY TO GRANT A PRODUCTION REFUND FOR CERTAIN PRODUCTS WHILE WITHHOLDING IT FOR OTHERS COMPETING FOR THE SAME OUTLETS ; WHEREAS THE COURT OF JUSTICE ALSO HELD THAT IT IS FOR THE COMPETENT INSTITUTIONS RESPONSIBLE FOR THE COMMON AGRICULTURAL POLICY TO TAKE THE NECESSARY ACTION ;

WHEREAS THE INTRODUCTION OF PRODUCTION REFUNDS FOR THE PRODUCTS IN QUESTION CONSTITUTES A MEANS OF CONFORMING WITH THE COURT'S CONCLUSIONS ;

WHEREAS , PENDING THE OUTCOME OF THE GENERAL EXAMINATION OF THE SYSTEM OF PRODUCTION REFUNDS IN THE STARCH SECTOR , IT IS DESIRABLE THAT PRODUCTION REFUNDS FOR PRODUCTS INTENDED FOR THE BREWING OF BEER AND FOR THE MANUFACTURE OF QUELLMEHL FOR BAKING BE GRANTED FOR A LIMITED PERIOD ONLY ;

!!WHEREAS THIS MEASURE SHOULD BE MADE RETROSPECTIVE OWING TO THE COUNCIL'S HAVING BEEN REQUIRED TO COMPLY WITH THE PROCEDURES LAID DOWN BY THE TREATY ;

WHEREAS THE CONSTRAINTS IMPOSED ON THE POTATO STARCH INDUSTRY COULD LEAD TO A DISTURBANCE OF THE BALANCE BETWEEN THE DIFFERENT STARCH INDUSTRIES AND WHEREAS IT MAY ALSO PROVE NECESSARY TO PROVIDE FOR A PREMIUM TO BE PAID TO POTATO STARCH MANUFACTURERS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

ARTICLE 11 ( 1 ) OF REGULATION ( EEC ) N 2727/75 SHALL BE REPLACED BY THE FOLLOWING :

" 1 . A PRODUCTION REFUND MAY BE GRANTED :

( A ) FOR MAIZE AND COMMON WHEAT USED IN THE COMMUNITY FOR THE MANUFACTURE OF STARCH ;

( B ) FOR POTATO STARCH ;

( C ) FOR MAIZE GROATS AND MEAL USED IN THE COMMUNITY FOR THE MANUFACTURE OF GLUCOSE BY DIRECT HYDROLYSIS ;

( D ) UNTIL THE END OF THE MARKETING YEAR 1978/79 , FOR MAIZE USED FOR THE MANUFACTURE OF MAIZE GROATS AND MEAL ( GRITZ ) USED BY THE BREWING INDUSTRY ;

( E ) UNTIL THE END OF THE MARKETING YEAR 1978/79 , FOR MAIZE AND COMMON WHEAT USED IN THE COMMUNITY FOR THE MANUFACTURE OF QUELLMEHL INTENDED FOR BAKING .

HOWEVER , THE PRODUCTION REFUND FOR PRODUCTS INTENDED FOR THE BREWING OF BEER MAY BE GRANTED UNTIL THE END OF THE MARKETING YEAR 1978/79 ONLY .

THE PRODUCTION REFUNDS FOR THE PRODUCTS REFERRED TO IN ( D ) AND ( E ) MAY BE GRANTED WITH EFFECT FROM 19 OCTOBER 1977 . "

ARTICLE 2

ARTICLE 11 ( 3 ) OF REGULATION ( EEC ) N 2727/75 SHALL BE REPLACED BY THE FOLLOWING PARAGRAPHS :

" 3 . A PREMIUM MAY BE PAID TO POTATO STARCH MANUFACTURERS .

4 . THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , SHALL ADOPT RULES FOR THE APPLICATION OF THIS ARTICLE AND FIX THE AMOUNT OF THE PRODUCTION REFUND AND THE AMOUNT OF THE PREMIUM . "

ARTICLE 3

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

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

DONE AT BRUSSELS , 22 MAY 1978 .

FOR THE COUNCIL

THE PRESIDENT

K . HEINESEN