CELEX: 31974R2012
Language: en
Date: 1974-07-30 00:00:00
Title: Regulation (EEC) No 2012/74 of the Commission of 30 July 1974 laying down detailed rules for the application of Regulation (EEC) No 1132/74 as regards production refunds on starches

No L 209 /44                               Official Journal of the European Communities                              31 . 7. 74
                               REGULATION (EEC) No 2012/74 OF THE COMMISSION
                                                           of 30 July 1974
               laying down detailed rules for the application of Regulation ( EEC) No 1132/74 as
                                               regards production refunds on starches
THE COMMISSION OF THE EUROPEAN                                        supervision and the competent agency pays the
COMMUNITIES,                                                          production refund within 30 days of the day on which
                                                                      the application for placing under official supervision
Having regard to the Treaty establishing the European                 is accepted ; whereas it should also be provided that
Economic Community ;                                                  this refund will, where necessary, be adjusted by refer­
Having regard to Council Regulation No 120/                           ence to the threshold price for the basic product
67/ EEC (') of 13 June 1967 on the common organiza­                   concerned for the month during which processing
tion of the market in cereals, as last amended by Regu­               takes place ;
lation ( EEC) No 1 1 25/74 (2) ;
Having regard to Council Regulation No 3 59/                          Whereas common wheat starch is usually manufac­
67/ EEC (3) of 25 July 1967 on the common organiza­                   tured from common wheat flour ; whereas the produc­
tion of the market in rice, as last amended by Regula­                tion refund is calculated on the basis of the quantity
tion (EEC) No 1 1 29 /74 (4) ;                                        of common wheat required to produce a given quan­
                                                                      tity of starch ; whereas it is therefore necessary to lay
Having regard to Council Regulation (EEC) No                          down a conversion rate for the expression of common
1 1 32/74 (5) of 29 April 1974 on production refunds in               wheat flour in terms of common wheat ;
the cereals and rice sectors, and in particular Article 9
thereof ;
                                                                      Whereas it is necessary to specify which Member State
Having regard to the Treaty concerning the accession                  is responsible for paying the production refund ;
of new Member States to the European Economic                         whereas for reasons of administrative facility this
Community and to the European Atomic Energy                           should    be  the Member     State  in  which  the   basic
Community, and in particular Article 63 ( 1 ) of the                   product is processed or into which it is imported ;
Act (6) annexed thereto ;
Whereas Article 11 ( 1 ) (c) and (d) of Regulation No                 Whereas, as regards the new Member States, any acces­
 120/ 67/ EEC provides that a production refund is to                 sion compensatory amount applicable should be taken
be granted on maize groats and meal for use by the                     into account when paying the production refund ;
brewing industry in the manufacture of beer or by the
glucose industry where the direct hydrolysis process is
used ; whereas the characteristics of such products                   Whereas sufficient proof that the groats and meal or
and , in particular, the quality and purity requirements               broken rice have been used the starch industry
which they must satisfy should be specified in greater                 concerned can be furnished by documents certifying
detail in order to prevent production refunds from                     that the product has been sold to the industry in ques­
being granted in error in respect of products which                    tion and by the control as to use ; whereas provision
 look like maize groats or meal but which are in fact                  should be made for a system of administrative coopera­
composed of a mixture of such products and other                       tion affording adequate safeguard to handle cases
 products, thus ensuring that the granting of refunds is               where the product in question is used in a Member
based on the same criteria throughout the Commu­                       State other than the State required to pay the produc­
 nity ;                                                                tion refund ;
 Whereas it should be specified that the production
 refund is to be paid to producers of starch from groats               Whereas, in order to ensure that processing is carried
 and meal or broken rice and to importers of broken                    out or that the basic product placed under supervision
 rice to be used by the starch or brewing industry ;                   is used for the purpose intended , provision should be
 whereas it is desirable that the person entitled to the               made for the person entitled to the refund to lodge a
 production refund should be able to make use of it at                 security ; whereas such security will be released only
 the earliest possible date ; whereas this can be                      when the trader concerned has fulfilled the obliga­
 achieved if the basic product is placed under official                tions specified in this Regulation ;
(')  OJ No   117 , 19 . 6 . 1967 , p . 2269 / 67 .
(2 ) OJ No   L 128 , 10 . 5 . 1974, p. 12 .                            Whereas the Commission must be informed of the
(3 ) OJ No   174 , 31 . 7 . 1967 , p . 1 .                             methods of inspection and analysis applied by the
(4 ) OJ No   L 128 , 10 . 5 . 1974 , p. 20 .
(5 ) OJ No   L 128 , 10 . 5 . 1974, p. 24 .                            Member States for purposes of applying this Regula­
 (o) OJ No   L 73 , 27 . 3 . 1972, p. 14 .                             tion ;
 ---pagebreak--- 31 . 7. 74                                 Official Journal of the European Communities                          No L 209/45
Whereas the following Commission Regulations have                    Whereas certain Member States might encounter ad­
undergone numerous amendments :                                       ministrative or technical difficulties if the time limit
                                                                      set for the application of the arrangements provided
— (EEC) No 559/68 ( x ) of 6 May 1968 laying down                     for in this Regulation were too short ; whereas provi­
      detailed rules for the application of Regulation No             sion should therefore be made for a transitional period
      367/67/ EEC fixing production refunds on maize                  in which provisions operative before the entry into
      groats and meal and broken rice used in the                     force of this Regulation may still be applied ;
      brewing industry ; as last amended by Regulation
      (EEC) No 754/73 (2) ;                                          Whereas the measures provided for in this Regulation
                                                                      are in accordance with the Opinion of the Manage­
— (EEC) No 1060/68 (3) of 24 July 1968 laying down                    ment Committee for Cereals ,
      detailed rules for the application of Regulations
      No 367/67/ EEC and No 371 /67/ EEC regarding
      production refunds on maize processed into groats
      and   meal   and    on   maize       and  common     wheat
      processed into starch and quellmehl , as last                   HAS ADOPTED THIS REGULATION :
      amended by Regulation ( EEC) No 488 /73 (4) ;
— ( EEC) No 2085/68 (5 ) of 20 December 1968 on
      certain detailed rules for granting the production                                        Article 1
      refund on broken rice, as last amended by the Act
      of Accession (6) ;
                                                                       1.     For the purpose of this Regulation , 'groats and
— (EEC) No 101 1 /70 (7) of 29 May 1970 on certain                    meal ' means products obtained in the milling of
      quality requirements for maize groats and meal                  maize grain . They are sharp-edged, granular fragments
      used by the Community brewing industry ; and                    of the grain kernel and at least 70 % are uniform in
                                                                      size .
— ( EEC) No 1 796/70 (8) of 2 September 1970 fixing
      the standard qualities of raw materials qualifying
      for the production refund on manufacture of                     Without prejudice to the provisions of paragraph 3,
       maize groats and meal intended for the brewing                 groats and meal may contain no products other than
       industry ;                                                     those obtained in the normal milling process, such as
                                                                      starch , whether or not heat-modified , and similar
                                                                      products .
Wheteas it is desirable for the sake of clarity to
combine the provisions of all these Regulations in a                  2.      Maize groats and meal :
single Regulation ;
                                                                      (a) must have a fat content calculated on the dry
                                                                            matter not exceeding 1-3 % by weight and a raw
Whereas Commission Regulations ( EEC) No                                    cellulose content calculated on the dry matter ; not
 1 009/73 (9) of 12 April 1973 adopting in respect of                       exceeding 0-8 % by weight ;
Denmark special measures for maize groats and meal
used in the manufacture of glucose and (EEC) No                       (b) must not comprise more than 30 % matter which
2755/73 ( l0) of 10 October 1973 on the calculation of                      passes through a 315-micron mesh sieve ; and
the production refund on maize groats and meal used
in the manufacture of glucose in Denmark laid down ,                  (c) must comprise less than 5 % matter which passes
in pursuance of Article 63 ( 1 ) of the Act of Accession ,                  through a 150-micron mesh sieve .
transitional provisions in respect of Denmark for the
manufacture of glucose by direct hydrolysis ; whereas                 3.      The production refund provided for in Article 4
Regulation ( EEC) No 1132/74 established the same                     of Regulation ( EEC) No 1132/74 shall be calculated
provisions for the whole of the Community ; whereas                   on the assumption that a maximum of 180 kg of
those provisions should therefore be incorporated in                   maize are used by the maize industry in manufac­
this Regulation , and Regulations ( EEC) No 1009 /73                   turing 100 kg of maize groats and meal for use by the
and ( EEC) No 2755/73 should be repealed ;                            brewing industry in the manufacture of beer.
(') OJ No L 106, 7 . 5 . 1968 , p. 6 .
(2 ) OJ No L 72, 20 . 3 . 1 973 , p. 11 .
(3 ) OJ No L 179 , 25 . 7 . 1968 , p. 38 .                                                       Article 2
  4 ) OJ No L 48 , 21 . 2 . 1973 , p. 12 .
(5) OJ No L 307, 21 . 12 . 1968 , p . 11 .
(6) OJ No L 73 , 27 . 3 . 1972, p. 14 .                                 1.    The production refund provided for in Article 1 1
( 7) OJ No L 117, 30 . 5 . 1970 , p. 54.                              ( 1 ) (a), (c) and (d) of Regulation No 120/67/ EEC and
(8) OJ No L 196, 3 . 9 . 1970 , p. 10 .
(9) OJ No L 100, 14 . 4 . 1973 , p. 29 .                               in Article 9 of Regulation No 359 / 67/ EEC shall be
  I0) OJ No L 284, 11 . 10 . 1973 , p. 15 .                            paid :
 ---pagebreak--- No L 209 /46                       Official Journal of the European Communities                                  31 . 7. 74
(a) to producers of starch from common wheat or               For the new Member States , the amount to be taken
     maize ;                                                  into consideration shall be the threshold price of the
(b) to producers of maize groats and meal for use by          basic product less the relevant accession compensatory
     the brewing industry in the manufacture of beer or       amount. Moreover, for the purposes of the adjustment
     for the manufacture of glucose by direct hydro­          referred to in the preceding paragraph, the accession
     lysis ;                                                  compensatory amount to be deducted from the
                                                              threshold price valid for the month during which
(c) to producers or importers of broken rice for use by       processing takes place shall be that valid on the day
     the starch industry, or by the brewing industry for      on which the application for official supervision is
     the manufacture of beer,
                                                              accepted .
— provided such producers or importers, hereinafter
called ' persons entitled to the refund', furnish proof                                 Article 3
that the basic product in question has been placed
under supervision by the competent agencies of the            If the maize groats and meal or the broken rice is for
Member States and state that they are prepared to             use in a Member State :
supply on request all information necessary for such
supervision .                                                (a) account shall be taken of any accession compensa­
                                                                  tory amount applied ;
Broken rice imported unprocessed and processed in            (b) proof of the use of maize groats and meal in the
the Community shall be treated in the same way as                 brewing or glucose industry and of broken rice in
broken rice produced in the Community. When                       the starch or brewing industry may be furnished
common wheat to be used for the production of flour               only by production of the control copy provided
and then of starch is placed under official supervision ,         for in Article 1 of the Regulation (EEC) No
a conversion rate of 140 kg of common wheat to 100                2315/69 . On that copy :
kg of flour shall be applied .
                                                                  (aa) Sections 101 , 103 and 104 shall be
When common wheat flour to be used for the produc­                     completed ;
tion of starch is placed under official supervision, a            (bb) Section 104 shall be completed by deleting as
conversion rate of 140 kg of common wheat to 100 kg                    appropriate and entering against the second
of flour shall be applied .
                                                                       indent the relevant form of the following
                                                                       endorsements :
2. The production refund shall be paid by the
Member State on whose territory the common wheat                       — intended for use in the 'brewing industry',
or maize starch , the maize groats and meal or the                         'glucose industry by direct hydrolysis
broken rice is produced or into whose territory the                        process,' or 'starch industry' in accordance
broken rice is imported .                                                  with the Regulation ( EEC) No               ;
                                                                       — bestimmt zur Verwendung in der ' Braue­
3.     It shall be calculated by reference to the                          reiindustrie',      'Glukoseindustrie       nach
threshold price applicable on the day on which the                         direktem Hydrolyseverfahren' oder 'Stärke­
application for the basic product to be placed under                       fabrik' gemäß den Bestimmungen der
offical supervision was accepted and shall be paid                         Verordnung (EWG) Nr                ;
within 30 days following acceptance of such applica­
tion .                                                                 — bestelt til anvendelse i 'bryggerier', 'Gluko­
                                                                           seindustrien efter direkte hydrolyse ' eller
                                                                           'stivelsesindustrie ' i henhold til bestem­
It shall , where necessary, be adjusted a posteriori by
reference to the threshold price valid for one month                       melserne i serne i forordning ( E0F)
during which processing takes place . The amount of                        nr         ;
such adjustment shall be :                                             — destine a l'utilisation en 'brasserie', en
(a) paid by the competent agency to the person                             'glucoserie suivant le procédé d'hydrolyse
                                                                           directe' ou en        'amidonneri ', conform­
    entitled to the refund if the threshold price for the
    product concerned valid for the month during                           ement aux dispositions du règlement
    which processing takes place is higher than that                       (CEE) no          ;
    valid on the day on which the application for offi­                — destinato alia 'fabbricazione della birra',
    cial supervision was accepted ; or                                     'glucosie    secondo      processo     idrolitico
(b) repaid by the person entitled to the refund to the                     diretto' o 'industria dell'ammido', confor­
    competent agency if the threshold price for the                        memento allo disposizioni del regola­
    product concerned valid for the month during                           mento (CEE) n             ;
    which processing takes place is lower than that                    — bestemd voor verwerking in de 'brouwerij',
    valid on the day on which the application for offi­                    'glucose-industrie       volgens     hydrolyse­
    cial supervision was accepted not more than 30                         procédé' of 'zetmeelfabriek', overeenkom­
    days after the month during which processing                           stig de bepalingen van Verordening ( EEG)
    takes place .                                                          nr         ;
 ---pagebreak--- 31 . 7 . 74                         Official Journal of the European Communities                           No L 209 /47
(c) the quantity of maize groats and meal actually            4.      Furthermore , where Article 2 (3) (b) applies, the
     used by the brewing or glucose industry or the            security shall be released only after repayment of the
     quantity of broken rice actually used by the starch       amount of the adjustment referred to therein by the
     or brewing industry shall be entered in the Section       person entitled to the refund .
     ' Control as to use and / or destination ' under the
     heading ' Remarks '.                                      5.     However, where, as a result of force majeure, the
                                                               basic product has not been processed or used within
                                                               the prescribed period , the competent agency of the
                          Article 4
                                                               Member State shall , at the request of the person
                                                               entitled to the refund , decide in the light of the
                                                               circumstances evoked whether the security should be
 1 . The granting of the refund referred to in Article         released or the period set for processing extended .
 1 shall be conditional on the lodging by the person
entitled to the refund of a security guaranteeing the          If the competent agency finds that force majeure
processing and /or use of the basic product.                   exists, its Member State shall forthwith notify the
                                                               Commission , which shall inform the other Member
                                                               States .
The security may take form of a guarantee given by a
credit institution or any other agency meeting the
criteria fixed by such Member State .
                                                                                        Article 5
2. The amount of the security shall be equal to
5 % of the production refund requested .                       Details of the methods of inspection and analysis
                                                               necessary for the application of this Regulation shall
                                                               be communicated by every Member State to the
3 . The security shall not be released until the               Commission within three months following the entry
person entitled to the refund has furnished proof to           into force of this Regulation . Any alterations made to
the agency of the Member State responsible for                 those methods shall be communicated to the Commis­
payment that at least 96 % of the quantity of the              sion forthwith .
basic product placed under supervision has been
 processed not later than 90 days following acceptance
of the application for the product to be placed under
official supervision .                                                                  Article 6
 Moreover, in respect of maize processed into groats           Subject to the provisions of Article 7 (2), Regulations
 and meal to be used either for the manufacture of             ( EEC) No 559 / 68 , No ( EEC) 1060 /68 , ( EEC) No
 beer or for the manufacture of glucose by direct hydro­       2085/ 68 , ( EEC) No 1011 / 70 , ( EEC ) No 1796/ 70 ,
 lysis and in respect of broken rice for the manufacture       ( EEC) No 1009/ 73 and ( EEC) No 2755/ 73 are hereby
 of starch or of beer, the security shall not be released ,    repealed .
 except in the case referred to in Article 3 , until the
 person entitled to the refund has submitted to the
 competent authority an application to which must be                                    Article 7
 appended a copy of his invoice of sale to a starch
 manufacturing undertaking, to a brewery, or to a               1.    This Regulation shall enter into force on :
glucose manufacturing undertaking using direct hydro­
 lysis, stating the quantity, expressed in net weight, of      — 1 August 1974 for products coming under Regula­
 the maize groats and meal or broken rice sold and the              tion No 120 / 67 / EEC ;
 exact business name of the undertaking concerned .
                                                               — 1 September 1974 for products coming under
                                                                    Regulation No 359/ 67/ EEC .
 In addition , the Member State on whose territory the
 groats and meal of maize or broken rice are used shall        2.     However, without prejudice to the amount of the
 ensure, by means of appropriate checks , that the              production refund , Member States may during a transi­
 product concerned has been used in brewing, in                 tional period lasting until 31 December 1974,
 glucose manufacture or in the manufacture of rice             continue to apply the provisions of the Regulations
 starch .
                                                                referred to in Article 6 . Furthermore , where a Member
                                                               State avails itself of such option , the provisions of the
 The competent agency of the Member State in ques­             said Regulations, other than Regulation ( EEC) No
 tion shall , taking economic and industrial exigencies         1796/ 70 , which apply to maize groats and meal for
 into account , stipulate within that period the product        the manufacture of beer shall apply to maize groats
 in question must be used by the brewing, glucose or            and meal for the manufacture of glucose by the direct
 rice starch industry .                                         hydrolysis process .
 ---pagebreak--- No L 209/48                  Official Journal of the European Communities                        31 . 7. 74
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 30 July 1974.
                                                                 For the Commission
                                                                     The President
                                                                Francois-Xavier ORTOLI