CELEX: 31973R1009
Language: en
Date: 1973-04-12 00:00:00
Title: Regulation (EEC) No 1009/73 of the Commission of 12 April 1973 adopting in respect of Denmark special measures for maize groats and meal used in the manufacture of glucose

14. 4. 73                                  Official Journal of the European Communities                             No L 100/29
                                REGULATION (EEC) No 1009/73 OF THE COMMISSION
                                                          of 12 April 1973
              adopting in respect of Denmark special measures for maize groats and meal used in
                                                     the manufacture of glucose
THE COMMISSION OF THE EUROPEAN                                        sary to take provisional measures to enable the
COMMUNITIES,                                                          industry to benefit from a production refund under
                                                                      the same conditions as those under which glucose
                                                                      manufacturers using the traditional method benefit
Having regard to the Treaty establishing the Euro­                    indirectly ;
pean Economic Community ;
                                                                      Whereas the amount of that refund should be fixed
Having regard to the Treaty (*) concerning the
                                                                      at a level which will create a real balance between
Accession of new Member States to the European
Economic Community and to the European Atomic                         the two manufacturing processes ; whereas, in order
Energy Community, signed at Brussels on 22                            to achieve this and to prevent the financial burden
January 1972, and in particular Article 63 ( 1 ) of the               of this refund becoming excessive, the Member
Act (2) annexed thereto, hereinafter called the 'Act' ;               State concerned will have to take all necessary
                                                                      measures to make sure that the aforesaid refund is
                                                                      granted only in respect of the quantities of maize
Whereas Article 11 ( 1 ) of Council Regulation No                      groats and meal actually used by the industry in
120/67/EEC (3 ) of 13 June 1967 on the common                          question ;
organization of the market in cereals, as last
amended by the Act, provides for a production
refund to be granted for maize used in the Commu­                      Whereas criteria of quality and purity should be
nity for the manufacture of starch ; whereas since                     laid down for the maize groats and meal from
glucose is traditionally made from starch it benefits                  which the glucose is to be produced in order to
indirectly from that refund ;                                          avoid in particular their being mixed with the
                                                                       remainder of products for which a production
                                                                       refund has already been paid ;
Whereas, however, a manufacturing process —
known as the direct hydrolysis process — ; s used in
Denmark, by which glucose is obtained directly                         Whereas it is equally necessary to lay down which
from maize groats without passing through the                          Member State shall be responsible for paying the
'starch' stage ; whereas, since Community legislation                  refund ; whereas, in that respect and for reasons of
makes no provision for a production refund for                         alignment, the rule established >in Commission Regu­
glucose as such, glucose obtained by direct hydro­                     lation (EEC ) No 559/68 (4 ) of 6 May 1968 laying
 lysis stands in an economically unfavourable produc­                  down detailed rules for the application of Regula­
tion situation in comparison with glucose manufac­                     tion No 367/67/EEC fixing production refunds on
tured by the traditional method ;                                      maize groats and meal and broken rice used in the
                                                                       brewing industry, which stipulates that the Member
Whereas this state of affairs results in a distortion                   State on whose territory the maize is processed shall
of competition between glucose manufacturers                           pay the production refund, should be used in the
 according to which manufacturing process they                         present case ; whereas, if that Member State should
use ; whereas this problem has become very acute                        be the United Kingdom or Ireland , the compensa­
 since the accession of Denmark to the Community ,                      tory amount applicable should be taken into
 since glucose manufacturers using the direct hydro­                    account when that refund is paid ;
 lysis process benefited from measures designed to
 secure supplies of raw materials at world market
 prices ; whereas the changeover from that system to                   Whereas the Member State which effects payment
 the one laid down by the common organization of                       of the production refund should be certain that the
 the market in cereals, which implies the abolition of                  maize groats and meal are actually used in the
  such - measures, risks creating serious difficulties for             glucose manufacturing industry employing the
  the industry ; whereas, therefore, it appears neces­                 direct hydrolysis process -, whereas such certainty
  (») OJ No L 73 , 27. 3 . 1972, p . 5 .
  (!) OJ No L 73 , 27 . 3 . 1972, p . 14 .
  (") Of No 117, 19 . 6 . 1967 , p . 2269 / 67 .                        ( 4 ) OJ No I. 106 , 7 . 5 . 1968 , p . 6 .
 ---pagebreak---  No L 100/30                           Official Journal of the European Communities                               14 . 4 . 73
can be achieved by the production of documents                                              Article 3
testifying to the sale of the product to the glucose
manufacturing plant ; whereas, where that Member                  1.     The production refund on maize groats and
State is not Denmark, a system of administrative                  meal for the manufacture of glucose by the direct
cooperation offering the necessary guarantees                     hydrolysis process shall be paid by the Member
should be set up ;                                                States on whose territory the groats and meal are
                                                                  manufactured, and if that Member State has ascer­
W'hereas the measures provided for in this Regula­                tained by checks that the maize groats and meal
tion are in accordance with the Opinion of the                    have actually been used for the manufacture of
management Committee for Cereals ;
                                                                  glucose by the direct hydrolysis process .
HAS ADOPTED THIS REGULATION :
                                                                  2.     In order to receive payment of the refund, the
                                                                  maize groats producer shall submit to the compe­
                                                                  tent authority an application to which must be
                                                                  appended hlis invoice to the glucose manufacturing
                           Article 1
                                                                  plant, or a true copy, stating the quality, the quan­
                                                                  tity, expressed in net weight, of maize groats and
Until 31 January 1974 Member States shall grant a
                                                                  meal sold and indicating the exact business name of
production refund on maize groats and meal for the
                                                                  the glucose manufacturing plant.
manufacture of glucose subheading 17.02 B II of the
Common Customs Tariff (*) in Denmark by the
 process known as 'direct hydrolysis .'                           3.     Moreover, if the maize groats and meal are
                                                                  manufactured       in   a   Member    State   other   than
This production refund shall be equal, per 100 kilo­              Denmark, proof of their use in the manufacture of
grammes of maize groats and meal, to the differ­                  glucose by the direct hydrolysis process may only be
ence, per 100 kilogrammes, between the threshold                  given by production of the control copy referred to
price for maize less, where appropriate, the appli­               in Article 1 of Regulation ( EEC) No 2315/69 :
cable compensatory amount and 6-8 units of account
multiplied by the coefficient 1-23 .                              (a ) Sections Nos 101 , 103 and 104 on the control
                                                                        copy shall be completed .
                           Article 2
                                                                  ( b ) Section No 104 shall be completed by deleting
                                                                        the statements which do not apply and adding
1.        For the purposes of this Regulation, 'groats                  under the second indent one of the following
and meal' means products obtained in the milling of                     statements :
maize grain . They are sharpnedged, granular frag­
ments of grain kernel and at least 70 °/o are uniform                   — destiné à l'utilisation au Danemark en gluco­
in size .
                                                                           serie (procédé d'hydrolyse directe) confor­
                                                                            mément aux dispositions du règlement ( CEE)
Without prejudice to the provisions of paragraph 2,                        n° 1009 / 73 :
groats and meal shall contain no products other
than those obtained in the normal milling process—                      — bestemt til anvendelse i Danmark i gluko­
for instance heat—modified starch, quellmehl or                            seindustrien ( direkte hydrolyse ) i henhold til
similar products .                                                          bestemmelserne i forordning ( EØF) nr.
                                                                           1009 /73 ;
2.        Maize groats and meal :
                                                                        — bestimmt zur Verwendung in Dänemark in
( a ) must have a fat content calculated on the dry                         der Glukoseindustrie ( direkte Hydrolyse),
        matter not exceeding 1-3 °/o by weight and a                        gemäß den Bestimmungen der Verordnung
        raw cellulose content calculated on the dry­                       ( EWG ) Nr. 1009/73 ;
        matter not exceeding 0-8 °/o by weight,
                                                                        — destinato alla fabbricazione, in Danimarca,
( b ) must not comprise more than 30 °/o matter                             del glucosio (processo idrolitico diretto )
        which passes through a 315-micron mesh sieve ;                      conformemente alle idisposizioni del regola­
        and                                                                mento ( CEE) n . 1009/73 ;
 ( c ) must comprise less than 5 °/o matter which                      — bestemd voor verwerking in Denemarken in
        passes through a 150-micron mesh sieve .                            de glucose-industrie ( rechtstreeks hydrolyse­
                                                                            procédé) overeenkomstig de beschikkingen
                                                                           van Verordening ( EEG ) nr. 1009/73 ;
( l ) Pursuant to Regulation No 189/66/ EEC , the products
       falling within subheading No 17.02 B I shall be
      subject to the same treatment as products falling                 — intended for use in Denmark in the glucose
       within subheading 17.02 B IF .                                       industry ( direct hydrolysis process) in accor­
 ---pagebreak--- 14. 4. 73                         Official Journal of the European Communities                        No L 100/31
        dance with the provisions of Regulation              of maize groats and meal actually used in its terri­
        ( EEC) No 1009/73 ;                                  tory in the manufacture of glucose by the direct
                                                             hydrolysis process .
(c) The quantity of maize groats and meal actually
    used in the manufacture of glucose shall be              2.    The methods of control and analysis which
    entered in the section reserved for control of the       are necessary for the implementation of this Regula­
    use and/or destination of the product, under the         tion shall be communicated without delay by that
    heading 'Remarks'.                                       Member State to the Commission .
                       Article 4                                                    Article 5
1.   The Member States concerned shall take all              This Regulation shall enter into force on the day of
necessary measures to ensure that the refunds                its publication in the Official Journal of the Euro­
mentioned in Article 1 are limited to the quantities         pean Communities .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 12 April 1973 .
                                                                      For the Commission
                                                                          The President
                                                                    Francois-Xavier ORTOLI