Commission Regulation (EC) No 1993/2005 of  7 December 2005  on the adjustment of the export refunds on malt under Article 15(4) of Council Regulation (EC) No 1784/2003
Date: 2005-12-07
Institutions: European Commission
Subjects: barley, export refund, malt

L 320/26

EN

Official Journal of the European Union

8.12.2005

COMMISSION REGULATION (EC) No 1993/2005

of 7 December 2005

on the adjustment of the export refunds on malt under Article 15(4) of Council Regulation (EC)
No 1784/2003

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European Economic
Community,

Having regard to Council Regulation (EC) No 1784/2003 of
the
29 September 2003 on the common organisation of
first
and in particular Article 18,
market
paragraph thereof,

in cereals (1),

Whereas:

(1)

(2)

(3)

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 (2)
has been substantially amended (3).
In the interests of
clarity and rationality the said Regulation should be
codified.

In the case of barley malt exported during the first three
months of the marketing year in respect of which the
refund was fixed in advance before 1 July, Article 15(4)
of Regulation (EC) No 1784/2003 lays down the
conditions for adjusting the refund fixed in advance.

It must be ensured that, when such adjustment is to be
made, the barley malt exported during the first three
months of the marketing year was in stock at the end
of
the preceding marketing year or was made from
barley in stock at that time; whereas the quantities of
barley and malt in stock at the end of the marketing
year
therefore be ascertained. The
competent authorities of each Member State should be
responsible for ascertaining such quantities and for
taking all necessary steps to ensure compliance with
the Community provisions concerning the adjustment
of export refunds on malt exported during the period
under consideration.

in question must

Article 1

1.
The provisions of this Regulation shall apply to malt or
barley in stock at the end of a marketing year which is exported
as malt during the first three months of the following marketing
year under a licence on which a refund was fixed in advance
before 1 July.

For the purpose of determining the day of export, the
2.
relevant date shall be that on which customs formalities as
referred to in Article 24(1) of Commission Regulation (EC)
No 1291/2000 (4) are completed.

Article 2

To qualify for the adjustment of the export refund on
(EC)

1.
barley malt
No 1784/2003 the exporter must:

of Regulation

under Article

15(4)

(a)

if the malt was made from barley in stock at the end of the
the
marketing year, supply the competent authority of
Member State responsible for paying the refund with
documents certifying:

(i)

comes

the barley

from stocks declared in
that
accordance with Article 3 below to the competent
authority of the Member State in whose territory they
were situated;

(ii) that the malt was exported after 30 June and before

1 October of the year in question;

(b) if the malt was in stock at the end of the marketing year,
supply the competent authority of
the Member State
responsible for paying the refund with documents certifying:

(i)

that the malt comes from stocks declared in accordance
with Article 3 below to the competent authority of the
Member State in whose territory they were situated;

(4)

The measures provided for in this Regulation are in
accordance with the opinion of the Cereal Management
Committee,

(ii) that the malt was exported after 30 June and before 1

October of the year in question.

(1) OJ L 270, 21.10.2003, p. 78. Regulation as

(EC) No 1154/2005 (OJ

amended by
L 187,

Commission Regulation
19.7.2005, p. 11).

(2) OJ L 193, 18.7.1978, p. 10. Regulation as amended by Regulation

(EEC) No 2029/86 (OJ L 173, 1.7.1986, p. 44).

(3) See Annex II.

The documents referred to in points (a)(i) and (b)(i) of
authority

2.
paragraph 1 shall be kept by the
responsible for paying the refund.

competent

(4) OJ L 152, 24.6.2000, p. 1.

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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 competent authority of the Member State in whose territory
the stocks are situated, by registered letter or by electronic
communication sent not later than the third working day in
July, indicating the aforesaid stocks of malt and barley held by
him on 30 June. Such declaration shall at least include the items
specified in Annex I hereto.

If the conditions laid down in paragraph 1 have been
2.
the
fulfilled and on application by the interested party,
issue one or more certificates
competent authority shall
the products exported were actually in stock
stating that
at
the previous marketing year and therefore
qualify for the adjustment of the refund in accordance with
Article 15(4) of Regulation (EC) No 1784/2003.

the end of

Certificates may be issued only in respect of a quantity not
exceeding that declared in accordance with paragraph 1. At
the request of the party concerned, a previously issued certi-
ficate may be exchanged for two or more certificates in respect
of part quantities.

Article 4

(b) adopt all necessary additional measures to take account of
the special conditions within its territory and in particular of
the periods during which stocks and their movements are to
be subject to checks.

2. Member States shall send to the Commission not later
than 31 December of the year in question a written report
on the operation of this Regulation,
indicating the quantities
of barley and malt in stock at the end of the marketing year
and the quantities of malt exported under this Regulation.

3.
In each Member State the competent authority shall be the
intervention agency or such other body as the Member State
shall designate.

Article 5

Regulation (EEC) No 1680/78 is repealed.

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex III.

1.

The competent authority of each Member State shall:

Article 6

(a) carry out

the necessary checks of stocks and of

their

movements within its territory;

This Regulation shall enter into force on the twentieth day
following that of its publication in the Official
Journal of the
European Union.

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

Done at Brussels, 7 December 2005.

For the Commission

José Manuel BARROSO
President

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Official Journal of the European Union

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ANNEX I

Basic information to be supplied with the declaration of stocks of malt or barley present on 30 June

A. Malt

1. Quantity, broken down by category of malt.

2. Place of storage.

B. Barley

1. Quantity.

2. Place of storage.

3. Declaration certifying that:

(a)

the barley does not come from the new Community crop;

(b) the barley is suitable for processing into malt.

ANNEX II

Repealed Regulation with its amendment

Commission Regulation (EEC) No 1680/78

(OJ L 193, 18.7.1978, p. 10)

Commission Regulation (EEC) No 2029/86

(OJ L 173, 1.7.1986, p. 44)

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Official Journal of the European Union

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ANNEX III

CORRELATION TABLE

Regulation (EEC) No 1680/78

This Regulation

Article 1

Article 1

Article 2(1) introductory sentence

Article 2(1) introductory sentence

Article 2(1) first indent, introductory sentence

Article 2(1)(a) introductory sentence

Article 2(1) first indent, point (a)

Article 2(1) first indent, point (b)

Article 2(1)(a)(i)

Article 2(1)(a)(ii)

Article 2(1) second indent, introductory sentence

Article 2(1)(b) introductory sentence

Article 2(1) second indent, point (a)

Article 2(1) second indent, point (b)

Article 2(2)

Article 3

Article 4

—

Article 5

Annex

—

—

Article 2(1)(b)(i)

Article 2(1)(b)(ii)

Article 2(2)

Article 3

Article 4

Article 5

Article 6

Annex I

Annex II

Annex III