CELEX: 31976R0677
Language: en
Date: 1976-03-26 00:00:00
Title: Commission Regulation (EEC) No 677/76 of 26 March 1976 laying down detailed rules for the application of the system for compulsory purchase of skimmed-milk powder provided for in Council Regulation (EEC) No 563/76

27. 3 . 76                             Official Journal of the European Communities                          No L 81 /23
                                   COMMISSION REGULATION (EEC) No 677/76
                                                      of 26 March 1976
                laying down detailed rules for the application of the system for compulsory
                purchase of skimmed-milk powder provided for in Council Regulation (EEC)
                                                          No 563/ 76
THE COMMISSION OF THE EUROPEAN                                   Whereas the rates of the security should be fixed at
COMMUNITIES,                                                     levels which permit the proper functioning of the
                                                                 system set up by Regulation (EEC) No 563/76 ;
Having regard to the Treaty establishing the European            whereas, in order to ease the work of the adminis­
Economic Community,                                              trating agencies, the security should not be demanded
                                                                 where its amount only corresponds to a minimal quan­
Having regard to Council Regulation (EEC) No                     tity of powdered milk ;
563/76 of 15 March 1976 on the compulsory purchase
of skimmed-milk powder held by intervention agen­
cies for use in feedingstuffs (1), and in particular             Whereas in some cases the products subject to the
Article 9 ( 1 ) thereof,                                         system of compulsory purchase of skimmed-milk
                                                                 powder are intended for purposes other than animal
Whereas pursuant to Article 3 thereof every putting              feed ; whereas in such cases the security should be
into free circulation within the Community of the                released on presentation of proof that the product has
products referred to in Article 3 ( 1 ) shall be subject  to     been used for one of these other purposes ; whereas,
the presentation of a protein certificate, the issue      of     in order to maintain traditional export outlets, the
which shall be subject to the provision of a security     or     security should also be released when the product is
the presentation of the document referred to              in     exported outside the Community ;
Article 6 thereof ;
                                                                 Whereas certain products are by their nature intended
Whereas the period of validity of the protein certifi­           exclusively for uses other than animal feed and in
cates should be determined on the basis of commer­
                                                                 such cases the security should be fixed at zero ;
cial practices ;
Whereas, to ensure that the system of certificates func­         Whereas certain operations involve small quantities
tions properly, they should only be valid in the                 and, for administrative simplicity, should be exempted
Member State of issue ;                                           from the requirement to submit protein certificates ;
Whereas, in the interests of administrative simplicity,
the import forms, the certificates and their extracts set        Whereas the provisions of Regulation (EEC) No
out in Annex I to Commission Regulation (EEC) No                  563/76 should not adversely affect those who applied
 193/75 of 17 January 1975 laying down common                    before 19 March 1976 for an import licence with
detailed rules for the application of the system of              advance fixing of the levy ; whereas, therefore, they
import and export licences and advance fixing certifi­           should be permitted to obtain the cancellation of this
cates for agricultural products (2), as last amended by          advance fixing and the certificate attesting it ;
Regulation (EEC) No 499/76 (3), should be used in the
case of applications for protein certificates ; whereas,         Whereas the measures provided for in this Regulation
therefore, certain provisions of that Regulation should           are in accordance with the opinions of all the relevant
be applied in the case of protein certificates ;                  management committees,
Whereas, furthermore, there should be special provi­
sions to take into account the characteristics of the
system of protein certificates ;
                                                                  HAS ADOPTED THIS REGULATION :
Whereas, to ensure that the system of giving a security
works correctly in the case of the products referred to
in Article 2 of Regulation (EEC) No 563/76, the time
limit for the provision of this security and for the                                     Article 1
submission of the document referred to in Article 6
thereof should be laid down for the different
products ;                                                        1 . The 'protein certificate' provided for in Article
                                                                  3(1 ) of Regulation (EEC) No 563/76 shall authorize
(') OJ No L 67, 15 . 3 . 1976, p. 18 .                            the putting into free circulation, under the certificate,
(2) OJ No L 25, 31 . 1 . 1975, p. 10 .                           of the net quantity of the product stated in the certifi­
(3) OJ No L 59 , 6 . 3 . 1976, p. 18 .                           cate, during the period of validity thereof.
 ---pagebreak--- No L 81 /24                         Official Journal of the European Communities                                27. 3 . 76
2.     The 'protein certificate shall be valid for three      3. Applications for 'protein certificates shall be
months from its date of issue .                               drawn up for a complete subheading of the Common
                                                              Customs Tariff.
3.     The 'protein certificate' shall not be transferable.
It shall only be valid in the Member State of issue.
                                                               However, where several rates of security are fixed for
For the purposes of this paragraph, the BLEU shall be         products falling within the same subheading of the
regarded as a single Member State.                             Common Customs Tariff, applications for certificates
                          Article 2
                                                              and certificates shall bear in Section 7 the description
                                                               of the products in respect of which the same rate of
Applications for 'protein certificates', 'protein certifi­     security is fixed and the word 'ex' shall be inserted
cates' and extracts therefrom shall be drawn up on             before the number of the Common Customs Tariff
forms conforming to the corresponding specimens                indicated in Section 8 .
relating to imports set out in Annex I to Regulation
(EEC) No 193/75.                                               In the case referred to in the previous subparagraph, if
                                                               the application is not completed in accordance with
                          Article 3
                                                               the dispositions laid down in that subparagraph, it
1 . Articles :                                                 shall be refused .
- 4 1 ),
                                                               4.      Sections 13, 14 and 15 shall not be used for
— 5 ( 1 ) third subparagraph, 5 (4) first subparagraph,
— »,
                                                               applications for 'protein certificates'.
- 9 ( 1 ),
— 10 ( 1 ) second paragraph, 10 (2), (3),                      5.      Sections 3b, 4b, 13, 14, 15, 17, 18, 19, 23 and 24
— 11 ,                                                         shall not be used for 'protein certificates'. In Section
— 12,                                                          22, the figure '0' shall be inserted.
- 13 (2), (3), (4), (5), (6) and
— 15
                                                                                         Article 5
of Regulation (EEC) No 193/75 shall apply to protein
certificates', applications therefor and extracts there­        1 . 'Protein certificates' shall be drawn up at least in
 from .
                                                               duplicate. The first copy, called 'Titular Holder's
 2.     No 'protein certificate' shall be required in           Copy' and marked 'No 1 ', shall be issued without
 respect of the putting into free circulation of               delay to the applicant and the second, called 'Issuing
 products :                                                    Agency's Copy' and marked 'No 2' shall be retained
— in immediate packagings with a net content not                by the issuing agency.
     exceeding 5 kg, or
 — in such quantities as require the issue of a certifi­        2.     Copy No 1 of the 'protein certificate' shall be
     cate without any security under the first inset of         submitted to the office where the customs import
     Article 9 (2).                                             formalities for putting into free circulation are
                                                                completed.
                          Article 4
                                                                3 . After attribution of the quantity and endorse­
 1.     No application for a 'protein certificate' shall be     ment by the office referred to in the preceding para­
 accepted unless :                                              graph, Copy No 1 of the 'protein certificate' shall be
 — a security has been given in favour of, or proof             returned to the party concerned.
      that such security has been given is furnished to,
     the competent agency on the day the application
      is submitted, or                                                                   Article 6
 — the application is accompanied by the document
      referred to in Article 6 of Regulation (EEC) No            1 . On application by the titular holder of the
      563/76 or by an extract therefrom certifying that a       'protein certificate' and submission of Copy No 1 of
      quantity of skimmed-milk powder corresponding             the document, one or more extracts therefrom may be
      to the amount of the security which has not been          issued by the competent agencies of the Member
      provided has been purchased and denatured.                States .
 2.     Applications for 'protein certificates', 'protein
 certificates'   and  extracts  therefrom   shall  bear in      2.     Where an extract of the 'protein certificate' is
 Section 12 one of the following endorsements :                 issued, the issuing agency shall attribute the quantity
                                                                for which the extract has been issued on Copy No 1
 'protein certificate',                                         of the certificate .
 'valid in . . . (Member State of issue)'.
 This endorsement shall be either written or under­             The word 'extract' shall be entered beside the attri­
 lined in red on the original of the certificate and of         buted quantity shown on Copy No 1 of the 'protein
 the extract.                                                    certificate'.
 ---pagebreak--- 27 . 3 . 76                        Official Journal of the European Communities                             No L 81 / 25
                         Article 7                           total of the amounts of the security following the
                                                             application of the rates referred to in paragraph 1
 1.    The right to put products into free circulation       exceeds 54 units of account in respect of any one
under the 'protein certificate' shall be considered to       party concerned, that party shall submit the document
 have been exercised on the day which the customs            referred to in Article 6 thereof or provide a security
formalities for putting into free circulation are            equal to the sum of the abovementioned amounts.
completed.
                                                             4. A security amounting to 54 units of account
 2. For the purposes of this Regulation the day on           shall correspond^ to an obligation to purchase 100 kg
which the customs formalities for putting into free          of skimmed-milk powder, not including the weight of
circulation are completed means the day on which the         the denaturing agent.
customs authorities accept the document by which
 the declarant states his intention to put the products                                 Article 10
in question into free circulation or, where the
products may be put into free circulation without             1 . The security shall be released :
such statement of intention, the day on which the            (a) in respect of quantities for which the party
 products are put into free circulation .                          concerned renounces his right to put into free
                                                                   circulation ; in this event the 'protein certificate' or
                         Article 8                                 extract therefrom shall be returned by the party
                                                                   concerned to the issuing agency ; or
 In the case of the products listed in Article 2 of Regu­    (b) on presentation of the document provided for in
 lation (EEC) No 563/76, the document referred to in               Article 6 of Regulation (EEC) No 563/76 certi­
Article 6 thereof shall be submitted, or the security              fying that a quantity of skimmed-milk powder
shall be provided :                                                corresponding to the amount of the security has
(a) for colza, rape and sunflower seeds, at the latest at          been purchased and denatured ;
     the time of lodging the application for the ID part     (c) for linseed and soya beans, harvested in the
     of the Community aid certificate ;                            Community, intended for sowing and certified to
(b) for linseed and soya beans, at the latest at the time          be for that purpose ;
     of lodging the application for aid ;                    (d) for groundnuts intended for human consumption,
(c) for the products listed in Article 1 (b) of Regula­            on production of proof that they have reached
     tion (EEC) No 1067/74, at the latest at the time of           such a stage of processing or preparation that they
     leaving the dehydration plant.                                can only be used for that purpose ;
                                                             (e) for soya used to produce soya flour intended for
                         Article 9
                                                                   human consumption for the chemical or pharma­
                                                                   ceutical industry, on production of proof that it
 1 . The rate of the security referred to in Articles 2            has reached such a stage of processing that it can
and 3 of Regulation (EEC) No 563/76 for each                       only be used for that purpose ;
product shall be that set out in the Annex.                    (f) on production of proof that products of the same
                                                                   kind as those referred to in Articles 2 and 3 of
2. Where the amount of the security following the                  Regulation (EEC) No 563/76 have left the geogra­
application of the rates referred to in paragraph 1 is :           phical territory of the Community, with the excep­
— 6-75 units of account or less, no security shall be              tion of products falling within subheadings 23.07
     provided ;                                                    B and C of the Common Customs Tariff and the
— 13-50 units of account or less but over 6-75 units               products referred to in Article 2 (a) of Regulation
     of account, the amount shall be fixed at 13-50                (EEC) No 563/76 in respect of which a refund has
     units of account.                                             been applied for.
                                                             2. The competent authorities of the Member States
Where the amount of the security following the appli­
                                                             may authorize the import of the products referred to
cation of the rates referred to in paragraph 1 is not a
                                                             in Article 3 ( 1 ) of Regulation (EEC) No 563/76 with a
multiple of 13-50 units of account, it shall be
adjusted :                                                   view to processing them under a system of customs
                                                             control if these products are intended to be exported
(a) to the nearest higher multiple, if the gap between       outside the customs territory of the Community
     the amount of the security and the nearest higher       wholly or in part in the form of compensatory
     multiple is less than 6-75 units of account, or         products.
(b) to 13-50 units of account or to the nearest lower        The processing of the products shall be carried out in
     multiple, if the gap between the said amount and        accordance with the same rules as those laid down :
     the nearest higher multiple is 6-75 units of
     account or more .                                       — in Articles 2 (3) and (4), 4 to 6, 9 to 21 , 24, 31 and
                                                                   32 of Council Directive 69 /73 / EEC of 4 March
3 . However, as regards the products referred to in                1969(i);
Article 2 (c) of Regulation (EEC) No 563/76, where in
any Member State, during a period of one month, the          (!) OJ No L 58 , 8 . 3 . 1969, p. 1 .
 ---pagebreak--- No L 81 /26                          Official Journal of the European Communities                                    27 . 3 . 76
— in the Directives implementing the Articles last                    Bestemd om te worden verwerkt en /of bereid
     referred to.                                                   (Verordening        (EEG)      nr.     677/76    van      de
                                                                    Commissie)' ;
When the products referred to in the first subpara­
graph are put into free circulation, either unchanged          — in respect of products referred to in Article 10 ( 1 )
or after processing, the 'protein certificate' shall be             (e):
submitted which applies, as appropriate, to the
product which is in fact put into free circulation .                ' Intended for human consumption or for the
                                                                    chemical or pharmaceutical industry (Commission
3. The security may be released at the request of                   Regulation (EEC) No 677/76)',
the party concerned in instalments which are propor­                  Bestemt til konsum eller kemisk eller farmaceu­
tional to the quantities of products for which proof of             tisk industri (Kommissionens forordning (EØF) nr.
one of the matters referred to in paragraph 1 (b), (c),             677/76)',
(d), (e) and (f) has been furnished or in respect of
which the party concerned has renounced his right to                  Bestimmt für menschliche Ernährung oder für die
put into free circulation .                                         chemische oder pharmazeutische Industrie (Verord­
                                                                    nung (EWG) Nr. 677/76 der Kommission)',
4.      The security shall be forfeit where the party               ' Destiné à 1 alimentation humaine ou à l'industrie
concerned :
                                                                     chimique ou pharmaceutique (règlement (CEE) n0
(a) has not renounced his right to put into free circula­            677/76 de la Commission) ,
     tion, or                                                       ' Destinato all alimentazione umana o all industria
(b) except in the case of force majeure, has not                     chimica o farmaceutica (regolamento (CEE) n .
     furnished proof of one of the matters referred to in            677/76 della Commissione)',
     paragraph 1 (b), (c), (d), (e) and (f) within six                Bestemd voor menselijke voeding of voor de schei­
     months following the expiry of the 'protein certifi­            kundige of farmaceutische nijverheid (Verordening
     cate', or within nine months of the provision of                (EEG) nr. 677/76 van de Commissie)'.
     the security for products referred to in Article 2 of
     Council Regulation (EEC) No 563/76.                        2.     Where Article 10 ( 1 ) (f) applies :
                                                                (a) proof of departure from the geographical territory
                          Article 11                                 of the Community by a Member State other than
                                                                     that of the territory of which the customs export
 1 . When products are used in a accordance with                     formalities were completed shall be furnished by
Article 10 ( 1 ) (d) and (e) in a Member State other than            production of the control copy referred to in
in which the security has been provided, proof of use                Article 1 of Regulation (EEC) No 2315/ 69 ; the
or processing or, where appropriate, of preparation                  following sections of the control copy shall be
shall be furnished by the control copy referred to in                completed :
Article 1 of Regulation (EEC) No 2315/69 (').
                                                                     — 101 and 103 ,
Among the special endorsements on the control copy,
Sections 101 , 103 and 104 shall be completed.                       — 104, with any necessary delection, and
                                                                     — 106, with one of the following endorsements :
Section 104 shall be completed, deleting where neces­
sary, and adding :                                                        'Products for export without refund (Commis­
                                                                          sion Regulation (EEC) No 677/76)',
— in respect of products referred to in Article 10 ( 1 )                   Varer der udføres uden restitution (Kommis­
     (d):                                                                 sionens forordning (EØF) nr. 677/76)',
     'Intended for processing and/or preparation                            Erzeugnisse ohne Erstattung auszuführen
     (Commission Regulation (EEC) No 677/76)',                            (Verordnung (EWG) Nr. 677/76 der Kommis­
       Bestemt til forarbejdning og/eller forberedelse                    sion)',
     (Kommissionens forordning (EØF) nr. 677/76)',                        'Produits a exporter sans restitution (règlement
       Bestimmt zur Verarbeitung und/oder Aufberei­                       (CEE) n0 677/76 de la Commission)',
      tung (Verordnung (EWG) Nr. 677/76 der Kommis­                         Prodotti da esportare senza restituzione (regola­
     sion)',                                                              mento (CEE) n . 677/76 della Commissione)',
     'Destine a etre transforme et/ou conditionné (règle­                 ' Produkten    uit   te  voeren     zonder  restitutie
      ment (CEE) n0 677/76 de la Commission)',                            (Verordening       (EEG)     nr.   677/76   van      de
       Destinato ad essere trasformato e/o condizionato                   Commissie)'.
     (regolamento (CEE) n . 677/76 della Commis­
     sione)',                                                        The endorsement appearing in Section 106 shall
                                                                      be authenticated by the stamp of the office of
(») OJ No L 295, 24. 11 . 1969, p. 14.                                departure.
 ---pagebreak--- 27. 3 . 76                         Official Journal of the, European Communities                        No L 81 /27
    The control copy shall be retained by the agency          tion, except for those quantities which have not been
    to which the interested party submits the docu­           attributed wholly or in part for which the holder
    ment to obtain the release of the security ;              submits one or more extracts of the certificate.
(b) the quantity of products exported shall give entitle­
    ment to the release of that amount of the security                                  Article 13
    equal to that obtained by applying to the quantity
    the rate of the security valid for the product in         Any interested party, who, before 19 March 1976,
    accordance with the Annex ;                               applied for an import licence with advance fixing of
                                                              the levy for products falling within subheading 23.07
(c) where the products exported fall within a                 B of the Common Customs Tariff shall, on request,
    Common Customs Tariff subheading for which                obtain cancellation of the advance fixing and the
    several rates of security are fixed in accordance         certificate attesting it.
    with the Annex, the control copy shall contain the
    description of the product corresponding to the                                     Article 14
    rate of security in question.
                                                              This Regulation shall enter into force on 1 April
                       Article 12                             1976.
Where the 'protein certificate' is not submitted to the       However, in respect of the putting into free circula­
issuing agency within six months of expiry, the quanti­       tion of the products referred to in Article 3 ( 1 ) of
ties of products for which the certificate was issued         Regulation (EEC) No 563/76, it shall apply with effect
shall be regarded as having been put into free circula­       from 19 March 1976.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 26 March 1976 .
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                    Member of the Commission
 ---pagebreak--- No L 81 /28                 Official Journal of the European Communities                                      27. 3 . 76
                                                       ANNEX
                                               Level of securities
                  CCT
                                                                                                 Security
                heading                        Description of products
                   No
                                                                                            (u.a./metric ton)
            12.01       B. Others, with the exception of castor beans :
                           — Soya beans                                                           20.3
                           — Linseed                                                              16.7
                           — Cotton seed                                                          12.9
                           — Groundnuts                                                           12.4
                           — Colza and rape seed                                                  11.9
                           — Sunflower seed                                                       10.5
                           — Poppy seed, beech, camelina, illipes, mowrah, bassia,
                                karite, purghera, croton and mustard                                0
                           — Others                                                                 7.8
            12.02       Flour or meals of oil seeds or oleaginous fruit, non-defatted (with
                        the exception of mustard and castor bean flour) :
                        A. Of soya beans                                                          20.3
                        B. Others :
                           — Linseed flour or meal                                                 16.7
                           — Cotton seed flour or meal                                             12.9
                           — Groundnut flour or meal                                               12.4
                           — Colza and rape seed flour or meal                                     11.9
                            — Sunflower flour or meal                                              10.5
                            — Other flour or meals                                                  7.8
            12.10       B. Others                                                                   4.5
            23.03       A. II . Residues from the manufacture of starch from maize
                                (excluding concentrated steeping liquors) of a protein
                                content not exceeding 40 % by weight calculated on the
                                dry product                                                         4.5
            23.04       B. Others, with the exception of castor bean cakes :
                            — Oil cakes :
                                — Of soya and linseed                                              27.0
                                — Of groundnut, cotton and sunflower seed                          24.3
                                — Other oil cakes                                                  21.6
                                — Other residues resulting from the extraction of vege­
                                    table oils                                                      4.5
            23.07       B. Others containing, separately or together, even when mixed
                            with other products, starch, glucose or glucose syrup, falling
                            within subheadings 17.02 B and 17.05 B, and milk products              27.0
                        C. Not specified or included                                               27.0