CELEX: 31973R1820
Language: en
Date: 1973-07-03 00:00:00
Title: Regulation (EEC) No 1820/73 of the Commission of 3 July 1973 on the export refunds on malt exported at the beginning of the 1973/74 marketing year

No L 184/22                             Official Journal of the European Communities                                  6 . 7. 73
                             REGULATION (EEC) No 1820/73 OF THE COMMISSION
                                                         of 3 July 1973
              on the export refunds on malt exported at the beginning of the 1973/74
                                                        marketing year
THE COMMISSION OF THE EUROPEAN                                     Whereas the measures provided for in this Regulation
COMMUNITIES,                                                       are in accordance with the Opinion of the Manage­
                                                                   ment Committee for Cereals :
Having regard to the Treaty establishing the European
Economic Community ;
                                                                   HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation No 120/
                                                                                             TITLE I
67/EEC ( J) of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­            Provisions applicable to exports of malt made
lation (EEC) No .1346/73 (2), and in particular . Article          from barley in stock at the end of the marketing
1 6 (6) thereof ;                                                                              year
Whereas because of the need for germination, barley                                          Article 1
of the new marketing year is not suitable for making
malt until a period of 30 to 60 days has elapsed ;                 The export refund on malt exported after 31 July and
whereas, accordingly, at the beginning of a marketing              before 1 October 1973 made from barley in stock at
year maltsters can use barley only from a previous                 the end of the 1972/73 marketing year and harvested
marketing year ; whereas consequently, when fixing                  in the Community in 1972 or earlier, shall be fixed by
the export refund on malt made from such barley                     reference to the threshold price applicable to barley in
account should be taken, as provided for in                        July 1973 provided the stock of barley has been duly
Article 6 (2) of Regulation (EEC) No 1052/68 (3), of                declared by the malting in question .
the threshold price prevailing in respect thereof at the
end of the marketing year ;                                                                  Article 2
Whereas for malt exported during the first two                      1.      To be entitled to the refund fixed in manner
 months of the marketing year and for which the                     provided in Article 1 , the exporter must have supplied
 refund was fixed in advance before 1 August, Article               the competent authority of the Member State which
 16 (4) of Regulation No 120/67/EEC lays down the                   issues the export licence with documents certifiying :
 conditions under which the refund fixed in advance
 must be adjusted ;
                                                                    (a) that the barley was harvested in the Community
                                                                         during or before 1972,
                                                                    (b) that the barley came from a stock declared in
 Whereas it is necessary to verify that the malt                         accordance with paragraph 2,
 exported is made from barley which was harvested in
 the Community in 1972 or earlier and remained in                   (c) that the malt was exported during the period speci­
                                                                         fied in Article 1 .
 stock at the end of the marketing year ; whereas it is
 necessary to verify, as regards the adjustment of the              The attestations required under (a) and (b) shall be
 export refund, that the malt exported during the first              certified by the competent authority to which the
 two months of the marketing year was in stock at the                stocks were declared.
 end of the previous marketing year or was made from
 barley in stock at that time ; whereas to this end it is            2.     The stock declaration referred to in Article 1
 necessary that the quantities of barley and malt in                 shall be made to the competent authority of the
 stock at the end of the 1972/73 marketing year be                   Member State in whose territory the malting is situ­
 ascertained ; whereas the competent authorities of                  ated .
 each Member State should ascertain those quantities,
 on terms that they must take all necessary steps to                 To this end, the persons concerned :
 ensure that the Community provisions relating to the                (a) shall declare, by registered letter, telex or telegram,
 granting or adjustment of refunds on malt exported                      sent not later than 25 July 1973, that he intends
  during the period under consideration are complied                     to obtain a refund fixed in manner provided in
 with ;                                                                  Article 1 ;
 (!) OJ No 117, 19 . 6 . 1967, p. 2269/67.                           (b) shall declare, by registered letter, telex or telegram,
 (2 ) OJ No L 141 , 28 . 5 . 1973, p . 8 .                                sent not later than 7 August 1973, the quantities
  3 OJ No L 179, 25 . 7 . 1968 , p. 8 .                                   of barley in stock on 31 July 1973, which were
 ---pagebreak--- 6. 7. 73                             Official Journal of the European Communities                          No L 184/23
    harvested in the Community and form part of the                     tered letter, telex or telegram, sent not later
    1972 or earlier harvest, and shall indicate at what                 than 7 August 1973, indicating the quantities
    place those stocks may be verified.                                 of malt in stock on 31 July 1973 and at what
                                                                        place those stocks may be verified ;
                           TITLE II
                                                                    (b) that the malt was exported after 31 July and
                                                                        before 1 October 1973 .
Provisions applicable, solely in cases of advance                   The attestation required under (a) shall be certified
fixing, to exports of malt in stock at the end of                   by the competent authority to which the stocks
the previous marketing year or made from                            are declared.
                       barley in stock
                           Article J                                                     TITLE III
To be entitled to adjustment of the export refund                                  General provisions
provided for in Article 16 (4) of Regulation No 120/
67/EEC the exporter must :                                                               Article 4
— if the malt was made from barley in stock at the              1 . The competent authority of each Member State :
    end of the marketing year, supply the competent            (a) shall effect the necessary verification of stocks and
    authority of the Member State which delivered the               of movements thereof within its territory ;
    export licence with documents certifying :                 (b) shall adopt all necessary additional measures to
    (a) that the barley comes from stock declared to                take account of the special conditions within its
        the competent authority of the Member State                 territory and in particular of the periods during
        in whose territory the stock was situated, by               which stocks and movements thereof are to be the
        registered letter, telex or telegram, sent not              subject of verification.
        later than 7 August 1973, indicating the quanti­        2.    The Member States shall communicate to the
        ties of barley in stock on 31 July 1973 and at
                                                                Commission not later than 31 December 1973, a
        what place those stocks may be verified ;
                                                                report in writing on the application of this Regulation,
    (b) that the malt was exported after 31 July and            indicating in particular the quantities of barley and
        before 1 October 1973 .
                                                                malt in stock at the end of the marketing year and the
    The attestation required under (a) shall be certified       quantities of malt exported to which the provisions of
    by the competent authority to which the stocks              this Regulation have been applied.
    are declared.
                                                                3 . The competent authority shall for each Member
— if the malt was in stock at the end of the 1972/73            State be the intervention agency or such other body as
    marketing year, supply the competent authority of           the Member State shall designate.
    the Member State which issued the export licence
    with documents certifying :                                                          Article 5
    (a) that the malt comes from stock declared to the         This Regulation shall enter into force on the third day
        competent authority of the Member State in              following its publication in the Official Journal of
        whose territory the stock was situated, by regis­       the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 3 July 1973 .
                                                                           For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOLI