CELEX: 31976R1787
Language: en
Date: 1976-07-23 00:00:00
Title: Commission Regulation (EEC) No 1787/76 of 23 July 1976 on the adjustment of the export refunds on malt under Article 16 (4) of Regulation (EEC) No 2727/75

24 . 7 . 76                               Official Journal of the European Communities                             No L 199 / 31
                                    COMMISSION REGULATION ( EEC) No 1787/76
                                                           of 23 July 1976
                on the adjustment of the export refunds on malt under Article 16 (4) of Regula­
                                                       tion  EEC   No 2727 /75
THE COMMISSION OF THE EUROPEAN                                            (a) that the barley comes from stocks declared to
COMMUNITIES,                                                                   the competent authority of the Member State
                                                                               in whose territory they were situated by regis­
Having regard to the Treaty establishing the European                          tered letter, telex or telegram sent not later
Economic Community,                                                            than 7 August 1976 indicating the quantities
                                                                               of barley in stock on 31 July 1976 and the
Having regard to Council Regulation ( EEC) No                                  place where such stocks may be checked ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ('), as last amended by                     (b) that the malt was exported after 31 July and
                                                                               before 1 October 1976 .
Regulation (EEC) No 1 143/76 (2 ), and in particular
Article 16 (6) thereof,
                                                                          The certificate required under (a) shall be endorsed
Whereas, in the case of barley malt exported during                       by the competent authority to which the stocks
the first two months of the marketing year in respect                     are declared ;
of which the refund was fixed in advance before 1
August, Article 16 (4) of Regulation (EEC) No
2727/75 lays down the conditions for adjusting the                    — if the malt was in stock at the end of the 1975/ 76
refund fixed in advance ;                                                 marketing year, supply the competent authority of
                                                                          the Member State which issued the export licence
Whereas it must be ensured in connection with the                         with documents certifying :
adjustment of the export refund fixed in advance that
the barley malt exported during the first two months                      (a) that the malt comes from stocks declared to
of the marketing year was in stock at the end of the                           the competent authority of the Member State
preceding marketing year or was made from barley in                            in whose territory the stocks were situated by
stock at that time ; whereas the quantities of barley                          registered letter, telex or telegram sent not later
and     malt   in  stock     at  the    end    of  the   1975 / 76             than 7 August 1976 indicating the quantities
marketing year must therefore be ascertained ;                                 of malt in stock on 31 July 1976 and the place
whereas the competent authorities of each Member                               where such stocks may be checked ;
State should be responsible for ascertaining such quan­
tities and for taking all necessary steps to ensure the                   (b) that the malt was exported after 31 July and
                                                                               before 1 October 1976 .
observance of the Community provisions concerning
the adjustment of export refunds on malt exported
during the period under consideration ;                                    The certificate required under (a) shall be endorsed
                                                                           by the competent authority to which the stocks
Whereas the measures provided for in this Regulation                       are declared .
are in accordance with the opinion of the Manage­
 ment Committee for Cereals,
                                                                                                 Article 2
 HAS ADOPrED THIS REGULATION :
                                                                       1.    The competent authority of each Member State :
                             Article 1
                                                                      (a) shall carry out the necessary checks of stocks and
                                                                           of their movements within its territory ;
 To qualify for the adjustment of the export refund on
 barley malt under Article 16 (4) of Regulation ( EEC)                (b) shall adopt all necessary additional measures to
 No 2727/75 the exporter must :                                            take account of the special conditions within its
                                                                           territory and in particular of the periods during
 — if the malt was made from barley in stock at the                        which stocks and their movements are to be the
      end of the marketing year, supply the competent                      subject of a check .
      authority of the Member State which delivered the
      export licence with documents certifying :
                                                                      2.     Member States shall send to the Commission
 (') OJ No L 281 , 1 . 1 1 . 1975 , p . 1 .                           not later than 31 December 1976 a written report
  -) OJ No L 130 , 19 . 5 . 1976, p . 1 .                             on the application of this Regulation , indicating
 ---pagebreak--- No L 199 /32                     Official Journal of the European Communities                             24. 7 . 76
the quantities of barley and malt in stock at the                                  Article 3
end of the marketing year and the quantities of
malt exported to which this Regulation applies.
3 . In each Member State the competent authority            This Regulation shall enter into force on the day of its
shall be the intervention agency or such other body as      publication in the Official Journal of the European
the Member State shall designate .                          Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
              Done at Brussels, 23 July 1976 .
                                                                     For the Commission
                                                                       P.J. LARDINOIS
                                                                 Member of the Commission