CELEX: 31968R1058
Language: en
Date: 1968-07-24 00:00:00
Title: Regulation (EEC) No 1058/68 of the Commission of 24 July 1968 laying down detailed rules for the application of Regulation No 371/67/EEC in respect of the production refund on potato starch

348                                Official Journal of the European Communities
 No L 179/32                        Official Journal of the European Communities                               25.7.68
                            REGULATION (EEC) No 1058/68 OF THE COMMISSION
                                                   of 24 July 1968
             laying down detailed rules for the application of Regulation No 371/67/EEC in respect
                                    of the production refund on potato starch
 THE COMMISSION OF x THE EUROPEAN COM­                         Whereas the inspection of potatoes required in par­
 MUNITIES ,                                                    ticular for assessment of their starch content calls
                                                               for facilities which only starch works are likely to
 Having regard to the Treaty establishing the                  have ; whereas this operation should therefore be
 European Economic Community ;                                 effected at the starch works or at their delivery
                                                               centres ;
Having regard to Council Regulation No 120/67/
 EEC 1 of 13 June 1967 on the common organisation              Whereas three methods are used in Member States
 of the market in cereals ;                                    for ascertaining the net weight of potatoes, and
                                                               experience has shown that they give equally satis­
Having regard to Council Regulation No 371 /67/                factory results ; whereas these three methods may be
EEC2 of 25 July 1967 fixing production refunds on              used concurrently;
starches and quellmehl, and in particular Article 5
 thereof;                                                      Whereas the production refund should not be granted
                                                               for potatoes that are completely unsuitable for starch
Whereas Article 5 ( b ) of Regulation No 371 /67/EEC           manufacture; whereas, for potatoes of too small a
laid down that, to enable the production refund on             size to give a normal yield in processing, there should
potato starch to be administered, the conditions               be some reduction in the net weight used for calcu­
under which potatoes are accepted and paid for by              lating the minimum price payable by the starch
the starch manufacturer and the conditions under
                                                               manufacturer as shown in the Annex to Regulation
which the latter furnishes proof of the quantities of          No 451 /67/EEC3 of 14 August 1967 determining the
potatoes that have been delivered to him, with                 quantity of potatoes required for the manufacture
details of their starch content, and of the payment            of 100 kg of starch ;
to the producer of the minimum price to be received
by him, should be the subject of Community
measures ; whereas, in view of the administrative pro­         Whereas the main particulars of deliveries should be
cedures and controls involved, provision should be             recorded by starch manufacturers on a receipt form
                                                               and summarised in a statement of settlement drawn
made for the starch manufacturer to receive reim­
bursement of the refund which', he has advanced one            up by the supplier in order to provide the in­
month after he has furnished the above-mentioned               formation needed for payment of the refund and for
proof;                                                         verifying the entitlement;
Whereas, without waiting for such reimbursement,               Whereas the measures provided for in this Regulation
in order not to oblige him to pay the amount of the            are in accordance with the Opinion of the Manage­
refund due to the producer in advance, such advance            ment Committee for Cereals ;
should be granted to the starch manufacturer by the
Member State as soon as he shows that he has paid              HAS ADOPTED THIS REGULATION :
to the producer the minimum price due ; whereas,
to avoid distortions of competition between Com­                                       Article 1
munity potato starch works, a uniform system of
payment of such advances should be instituted by               The delivery of potatoes to starch manufacturers
the six Member States ;                                        shall take place at manufacturers' works or at their
1 OJ No 117, 19.6.1967, p. 2269/67.                            3 OJ No 198, 17.8.1967, p. 2.
2 OJ No 174, 31.7.1967, p. 40.
 ---pagebreak---                                     Official Journal of the European Communities                                    349
 delivery centres . The procedure laid down in Articles         of the following particulars as arise from operations
 2 to 4 shall be undertaken at the time of delivery and         effected in accordance with the preceding Articles,
 under the authority of an inspector duly appointed             and shall retain it so that it may if necessary be
  by the Member State.                                          submitted to the agency responsible for the super­
                                                                vision of production refunds, at the same time
                          Article 2                             supplying a duplicate to the producer or his agent:
  1 . The gross weight of the potatoes shall be deter­          — date of delivery ;
 mined for each load at the time of delivery, where             — delivery No ;
 application of one of the methods described in the
 Annex so requires, by comparative weighings or                — name and address of producer ;
 measurements of the means of transport used, loaded
  and empty.                                                   — weight or dimensions of the means of transport
                                                                    used on its arrival at the starch works or delivery
                                                                    centre ;
 2. The net weight of the potatoes shall be deter­
 mined by one of the methods described in the                  — weight or dimensions of the means of transport
 Annex.                                                             used after unloading and removal of residual
                                                                    earth ;
                          Article 3
                                                                — gross weight of the delivery ;
 1 . The production refund shall be granted in respect         — reduction for extraneous matter or weight of
 of potatoes of sound and fair marketable quality.                  water absorbed during washing, expressed as a
                                                                    percentage and applied to the gross weight of the
 2 . Where the batches delivered contain 25% or                     delivery ;
 more of potatoes that can pass through a screen
 with a square mesh of 28 mm (hereinafter called               — reduction for extraneous matter, expressed in
 'tailings'), the net weight used for determination of              weight and applied to the gross weight of the
the minimum price to be paid by the starch manu­                    delivery ;
facturer, as shown in the Annex to Regulation
                                                               — percentage of tailings ;
 No 451 /67/EEC, shall be reduced as follows :
                                                              — total net weight of the delivery (gross weight less
                                                                    the reduction);
            Percentage of            Percentage of
               tailings                reduction
                                                              — starch content, expressed as a percentage or
                                                                    under-water weight.
          26-30%                          10%                  2. The receipt form shall be made out under -the
                                                               joint responsibility of the starch manufacturer and
          31-40%                          15%                  the duly appointed inspector.
          41-50%                         20%
                                                                                        Article 6
                                                              The starch manufacturer shall, for each supplier
If the batches contain more than 50°/o of tailings,            ( producer), draw up a statement of settlement con­
they shall be traded by mutual agreement and there             taining the following particulars :
shall be no production refund.                                — business name of the starch works ;
The percentage of tailings shall be determined at the         — name and address of producer;
same time as the net weight.
                                                              — production contract number, if applicable;
                          Article 4
                                                              — date and number of receipt forms ;
The starch content of potatoes shall be determined,           — net weight of each delivery after any reductions
in accordance with Regulation No 451/67/EEC, on                     as mentioned in Article 5 ;
the basis of an under-water weight of 5050 g.
                                                              — unit price per delivery;
The water used must be clean and without additive,
and its temperature must be between 9 and 18° C.              — refund corresponding to unit price per delivery ;
                                                              — total price per delivery ;
                          Article 5
                                                              — total refund per delivery ;
1 . When a delivery takes place the starch manu­
facturer shall make out a receipt form including such         — total sum due to the producer;
 ---pagebreak--- 350                                Official Journal of the European Communities
— amounts paid to the producer          and    date  of       the Member State, in accordance with Article 3 (2)
    payments ;                                                of Regulation No 371 /67/EEC.
— signature and stamp of the starch manufacturer.
                                                              4. The Member State, at the request of the starch
                                                              manufacturer, shall pay him the advances mentioned
                        Article 7                             in this Article within thirty days from the date on
                                                              which he furnishes proof of the payment mentioned
1 . Where the total or partial payment of the 'mini­          in paragraph 1 .
mum price to be paid by the starch manufacturer'
to the producer is effected in accordance with the
second subparagraph of Article 11 (2) of Regulation                                  Article 8
No 120/67/EEC, the Member State which grants the
production refund shall advance this to the starch            The production refund shall be paid to the starch
manufacturer pro rata to the part of the ' above-men­         manufacturer within thirty days following that on
tioned minimum price actually paid to the producer.           which he furnishes proof of payment to the producer
The amount of this advance shall be paid over to              of the minimum price to be received by him, in
the producer by the manufacturer within thirty days           accordance with Article 11 (2) of Regulation No 120/
                                                              67/EEC .
from the payment by the Member State.
2. The granting of the advance mentioned in para­             The production refund may be claimed by the starch
graph 1 shall be subject to the lodging of a deposit          manufacturer only during the marketing year in
by the starch manufacturer guaranteeing payment to            question commencing on 1 August and ending on
the producer of the minimum price to be received              31 July of the following year.
by him, in accordance with the second subparagraph
of Article 11 (2 ) of Regulation No 120/67/EEC.'              Such proof shall be furnished by submission of the
                                                              statement provided for in article 6, completed either
The deposit may take the form of a guarantee by a             by certification of payment by the producer or by
credit institution or any other agency meeting the            a voucher, issued by the financial agency that made
criteria fixed by each Member State.                          the payment on the order of the starch manufacturer,
                                                              certifying that such payment has been made.
3 . The amount of the deposit shall be equal to the
amount of the advance requested on the production
refund, plus 5°/o.                                                                    Article 9
It shall be released when the starch manufacturer has         This Regulation shall enter into force on 1 August
received full payment of the production refund from            1968 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 24 July 1968 .
                                                                                 For the Commission
                                                                                    The President
                                                                                       Jean REY
 ---pagebreak---                           Official Journal of the European Communities                              351
                                               ANNEX
                                             Method A
The net weight of the potatoes is determined by taking samples. The sampling is effected in several
parts of the means of transport used and at three different levels, namely the upper, middle and
lower levels .
The residual earth is discharged before the means of transport used is weighed empty.
Samples taken for weight checking should weigh not less than 20 kg.
The tubers are washed, the extraneous matter removed, and reweighed .
The recorded weight is reduced by 2% to allow for the quantity of water absorbed during washing.
The result constitutes the total reduction to be applied to 100 kg of potatoes.
                                             Method B
Potatoes from a single producer are collected in silos.
The potatoes are washed , the extraneous matter is removed and the total actual weight of the po­
tatoes in the silos is determined allowing 2% for absorbed water.
                                             Method C
1 . This method of determining the actual weight of the potatoes shall apply where batches of
potatoes from different producers are collected within the same silo, provided the producers have
first agreed to use the method.
Before the total actual weight of the batches is determined the net weight of each batch must be
determined by means of Method A.
2. The potatoes collected in the silo are then washed, the extraneous matter is removed and
their total actual weight is determined allowing 2% for absorbed water.
3 . If the total weight of the batches of washed potatoes is different from the sum of the weights
obtained by means of Method A, the following correction is applied : the total weight mentioned
at 2 above is multiplied by the net weight obtained by means of Method A for each batch in^urn.
Each result is divided by the total net weight of the batches calcinated by means of Method A.