31977R1386

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COUNCIL REGULATION ( EEC ) NO 1386/77

OF 21 JUNE 1977

AMENDING REGULATION ( EEC ) NO 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 ARTICLES 43 AND 227 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

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

WHEREAS THE EXPENDITURE INCURRED BY THE MEMBER STATES AS A RESULT OF THE OBLIGATIONS ARISING FROM THE APPLICATION OF COUNCIL REGULATION ( EEC ) NO 2727/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( 2 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 1151/77 ( 3 ) , IS FINANCED BY THE GUARANTEE SECTION OF THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND IN ACCORDANCE WITH ARTICLES 2 AND 3 OF COUNCIL REGULATION ( EEC ) NO 729/70 OF 21 APRIL 1970 ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY ( 4 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 2788/72 ( 5 ) ;

WHEREAS , HOWEVER , PURSUANT TO ARTICLE 227 ( 2 ) OF THE TREATY AND IN THE ABSENCE OF PROVISIONS TO THE CONTRARY TO BE ADOPTED BY THE COUNCIL , THIS COMMUNITY FINANCING DOES NOT APPLY TO EXPENDITURE ARISING FROM THE APPLICATION OF REGULATION ( EEC ) NO 2727/75 IN THE FRENCH OVERSEAS DEPARTMENTS ;

WHEREAS , ONCE ACTIVITIES IN THE CEREALS SECTOR DEVELOP IN THESE DEPARTMENTS AND ACQUIRE A CERTAIN IMPORTANCE FOR THE LOCAL ECONOMY , THERE ARE NO LONGER ANY GROUNDS FOR EXCLUDING FROM COMMUNITY FINANCING THE EXPENDITURE INCURRED THERE UNDER THE COMMUNITY RULES APPLICABLE TO THE SECTOR CONCERNED ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE FOLLOWING ARTICLE SHALL BE ADDED TO REGULATION ( EEC ) NO 2727/75 :

" ARTICLE 23A

ARTICLE 40 ( 4 ) OF THE TREATY AND THE RELEVANT PROVISIONS FOR THE IMPLEMENTATION OF ARTICLE 40 , SHALL , AS FAR AS THE GUARANTEE SECTION OF THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND IS CONCERNED , APPLY TO THE FRENCH OVERSEAS DEPARTMENTS IN RESPECT OF THE PRODUCTS REFERRED TO IN ARTICLE 1 . "

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON 1 AUGUST 1977 .

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

DONE AT LUXEMBOURG , 21 JUNE 1977 .

FOR THE COUNCIL

THE PRESIDENT

J . SILKIN

( 1 ) OPINION DELIVERED ON 17 JUNE 1977 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ) .

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

( 3 ) OJ NO L 136 , 2 . 6 . 1977 , P . 1 .

( 4 ) OJ NO L 94 , 28 . 4 . 1970 , P . 13 .

( 5 ) OJ NO L 295 , 30 . 12 . 1972 , P . 1 .