CELEX: 31974R1934
Language: en
Date: 1974-07-24 00:00:00
Title: Regulation (EEC) No 1934/74 of the Commission of 24 July 1974 on the export refunds on malt exported at the beginning of the 1974/75 marketing year

No L 203 /20                               Official Journal of the European Communities                                   25 . 7 . 74
                             REGULATION (EEC) No 1934/74 OF THE COMMISSION
                                                             of 24 July 1974
              on the export refunds on malt exported at the beginning of the 1974/75
                                                             marketing year
THE COMMISSION OF THE EUROPEAN                                         HAS ADOPTED THIS REGULATION :
COMMUNITIES,
Having regard to the Treaty establishing the European                                            TITLE I
Economic Community ;
Having regard to Council Regulation No 120/                             Provisions applicable to exports of malt made
67/ EEC (') of 13 June 1967 on the common organiza­                    from barley in stock at the end of the marketing
tion of the market in cereals, as last amended by Regu­                                            year
lation (EEC) No 1 346/73 (2), and in particular
Article 1 6 (6) thereof ;
                                                                                                 Article 1
Whereas because of the need for germination , barley
of the new marketing year is not suitable for making                   The export refund on malt exported after 31 July and
malt until a period of 30 to 60 days has elapsed ;                     before 1 October 1974 made from barley in stock at
whereas, accordingly, at the beginning of a marketing                  the end of the 1973/74 marketing year and harvested
year malsters can use barley only from a previous                      in the Community in 1973 or earlier, shall be fixed by
marketing year ; whereas consequently, when fixing                      reference to the threshold price applicable to barley in
the export refund on malt made from such barley                        July 1974 provided the stock of barley has been ' duly
account should be taken as provided for in Article 6                   declared by the malting in question .
(2) of Regulation ( EEC) No 1052/68 (3), of 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
refund was fixed in advance before 1              August, Article       provided in Article 1 , the exporter must have supplied
 16 (4) of Regulation No 120/67/ EEC                lays down the       the competent authority of the Member State which
conditions under which the refund fixed in advance                      issues the export licence with documents certifying :
must be adjusted ;
                                                                        (a) that the barley was harvested in the Community
Whereas it is necessary to verify that the malt                              during or before 1973,
exported is made from barley which was harvested in                     (b) that the barley came from a stock declared in
the Community in 1973 or earlier and remained in
                                                                             accordance with paragraph 2,
stock at the end of the marketing year ; whereas it is
necessary to verify, as regards the adjustment of the                   (c) that the malt was exported during the period speci­
export refund , that the malt exported during the first                      fied in Article 1 .
two months of the marketing year was in stock at the
end of the previous marketing year or was made from                     The attestations required under (a) and (b) shall be
barley in stock at that time ; whereas to this end it is                certified by the competent authority to which the
 necessary that the quantities of barley and malt in                    stocks were declared .
stock at the end of the 1973 /74 marketing year be
 ascertained ; whereas the competent authorities of                     2.      The stock declaration referred to in Article         1
 each Member State should ascertain those quantities,                   shall be made to the competent authority of the
 on terms that they must take all necessary steps to                    Member State in whose territory the malting is situ­
 ensure that the Community provisions relating to the                   ated .
granting or adjustment of refunds on malt exported
 during the period under consideration are complied                     To this end, the persons concerned :
 with ;
                                                                        (a) shall declare, by registered letter, telex or telegram ,
 Whereas the measures provided for in this Regulation                        sent not later than 25 July 1974 that he intends to
 are in accordance with the Opinion of the Manage­                           obtain a refund fixed in manner provided in
 ment Committee for Cereals,                                                 Article I ;
(') OJ No 117, 19 . 6. 1967, p. 2269/ 67 .                              ( b) shall declare, by registered letter, telex or telegram ,
( : ) OJ No L 141 , 28 . 5 . 1973 , p. 8 .                                   sent not later than 7 August 1974, the quantities
(3) O'l No L 179, 25 . 7 . 1 96S , p. S.                                     <>t barley in stock on 31 julv 1974, which were
 ---pagebreak--- 25 . 7 . 74                           Official Journal of the European Communities                          No L 203 / 21
     harvested in the Community and form part of the                     tered letter, telex or telegram, sent not later
     1973 or earlier harvest, and shall indicate at what                 than 7 August 1974 indicating the quantities
     place those stocks may be verified.                                 of malt in stock on 31 July 1974 and at what
                                                                          place those stocks may be verified ; *
                            TITLE II                                 (b) that the malt was exported after 31 July and
                                                                         before 1 October 1974 .
Provisions applicable , solely in cases of advance
fixing , to exports of malt in stock at the end of                   The attestation required under (a) shall be certified
the previous marketing year or made from                             by the competent authority to which the stocks
                        barley in stock                              are declared .
                            Article 2                                                      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 1974 indicating the quanti­         2.    The Member States shall communicate to the
         ties of barley in stock on 31 July 1974 and at          Commission not later than 31         December 1974, 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 1974 .
                                                                 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 1973/ 74                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, 24 July 1974.
                                                                            For the Commission
                                                                                The President
                                                                           Francois-Xavier ORTOLI