1978R1680 — EN — 04.07.1986 — 001.001 — 1
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►B COMMISSION REGULATION (EEC) No 1680/78
of 17 July 1978
on the adjustment of the export refunds on malt under Article 16 (4) of Regulation (EEC) No
2727/75
(OJ L 193, 18.7.1978, p. 10)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 2029/86 of 30 June 1986 L 173 44 1.7.1986
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COMMISSION REGULATION (EEC) No 1680/78
of 17 July 1978
on the adjustment of the export refunds on malt under Article 16
(4) of Regulation (EEC) No 2727/75
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European EconomicCommunity,
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 1254/78 (2), and in particular Article
16 (6) thereof,
Whereas, in the case of barley malt exported duringthe first two months
of the marketingyear in respect of which the refund was fixed inadvance before 1 August, Article 16 (4) of Regulation (EEC) No2727/75 lays down the conditions for adjustingthe refund fixed inadvance;
Whereas it must be ensured that, when such adjustment is to be made,
the barley malt exported duringthe first two months of the marketingyear was in stock at the end of the precedingmarketingyear or wasmade from barley in stock at that time; whereas the quantities of barleyand malt in stock at the end of the marketingyear in question musttherefore be ascertained; whereas the competent authorities of eachMember State should be responsible for ascertainingsuch quantities andfor takingall necessary steps to ensure compliance with the Communityprovisions concerningthe adjustment of export refunds on maltexported duringthe period under consideration;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
▼M1
Article 1
1. The provisions of this Regulation shall apply to malt or barley in
stock at the end of a marketingyear for which no carry over payment asreferred to in Article 9 of Regulation (EEC) No 2727/75 has been fixedin respect of those products and which is exported as malt duringthefirst three months of the followingmarketingyear under a licence onwhich a refund was fixed in advance before 1 July.
2. For the purpose of determiningthe day of export, the relevant date
shall be that on which customs formalities as referred to in Article 22(1) of Commission Regulation (EEC) No 3183/80 (
3) are completed.
▼B
Article 2
1. To qualify for the adjustment of the export refund on barley malt
under Article 16 (4) of Regulation (EEC) No 2727/75 the exportermust:
— if the malt was made from barley in stock at the end of the
marketingyear, supply the competent authority of the Member Stateresponsible for payingthe refund with documents certifying :
(1) OJ No L 281, 1. 11. 1975, p. 1.
(2) OJ No L 156, 14. 6. 1978, p. 1.
(3) OJ No L 338, 13. 12. 1980, p. 1.
1978R1680 — EN — 04.07.1986 — 001.001 — 3
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(a) that the barley comes from stocks declared in accordance with
Article 3 below to the competent authority of the Member Statein whose territory they were situated;
(b) that the malt was exported after ►
M130 June◄and before 1
October of the year in question;
— if the malt was in stock at the end of the marketingyear, supply the
competent authority of the Member State responsible for payingtherefund with documents certifying:
(a) that the malt comes from stocks declared in accordance with
Article 3 below to the competent authority of the Member Statein whose territory they were situated;
(b) that the malt was exported after ►
M130 June◄and before 1
October of the year in question.
2. The documents referred to in point (a) of the first and second
indents of paragraph 1 shall be kept by the competent authority respon-sible for payingthe refund.
Article 3
1. The stockholder of malt or barley liable to be exported as malt
with the adjusted refund must have made a declaration to the competentauthority of the Member State in whose territory the stocks are situated,by registered letter, telex or telegram sent not later than the thirdworkingday in ►
M1July◄, indicatingthe aforesaid stocks of malt
and barley held by him on ►M130 June◄. Such declaration shall at
least include the items specified in the Annex hereto.
2. If the conditions laid down in paragraph 1 have been fulfilled and
on application by the interested party, the competent authority shallissue one or more certificates statingthat the products exported wereactually in stock at the end of the previous marketingyear and thereforequalify for the adjustment of the refund in accordance with Article 16(4) of Regulation (EEC) No 2727/75.
Certificates may be issued only in respect of a quantity not exceeding
that declared in accordance with paragraph 1. At the request of the partyconcerned, a previously issued certificate may be exchanged for two ormore certificates in respect of part quantities.
Article 4
1. The competent authority of each Member State shall:
(a) carry out the necessary checks of stocks and of their movements
within its territory;
(b) adopt all necessary additional measures to take account of the
special conditions within its territory and in particular of the periodsduringwhich stocks and their movements are to be subject tochecks.
2. Member States shall send to the Commission not later than 31
December of the year in question a written report on the operation ofthis Regulation, indicating the quantities of barley and malt in stock atthe end of the marketingyear and the quantities of malt exported underthis Regulation.
3. In each Member State the competent authority shall be the inter-
vention agency or such other body as the Member State shall designate.
Article 5
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.
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ANNEX
▼M1
Basic information to be supplied with the declaration of stocks of malt or
barley present on 30 June
▼B
A.Malt
1. Quantity, broken down by category of malt.2. Place of storage.
B.Barley
1. Quantity.2. Place of storage.3. Declaration certifyingthat:
(a) the barley does not come from the new Community crop;
(b) the barley is suitable for processinginto malt.