CELEX: 31968R2085
Language: en
Date: 1968-12-20 00:00:00
Title: Regulation (EEC) No 2085/68 of the Commission of 20 December 1968 on certain detailed rules for granting the production refund on broken rice

Official Journal of the European Communities                                  583
21.12.68                            Official Journal of the European Communities                         No L 307/ 11
                           REGULATION (EEC) No 2085/68 OF THE COMMISSION
                                                 of 20 December 1968
                     on certain detailed rules for granting the production refund on broken rice
THE    COMMISSION       OF   THE    EUROPEAN       COM­        amount of the levy paid by him on the day of
MUNITIES ,                                                     importation means that the broken rice used by
                                                               those industries will not be affected by the levy so
Having regard to the Treaty establishing the                   long as the c.i.f. price lies between the threshold
European Economic Community ;                                  price and 8-30 units of account per 100 kilogrammes ;
Having regard to Council Regulation No 367/67/                 Whereas account should also be taken of the use to
EEC1 of 25 July 1967 fixing production refunds on              which the producer puts Community-produced
maize groats and meal and broken rice used in the              broken rice and, therefore, of the delivery of broken
brewing industry, and in particular Article 3 thereof;         rice to one of the industries concerned ;
Having regard to Council Regulation No 371 /67/                Whereas, moreover, Community rules must also
EEC 2 of 25 July 1967 fixing production refunds on             designate the Member State responsible for the
starches and quellmehl, and in particular Article 5            payment of the refund where transactions involve the
thereof;
                                                               territory of several Member States, so as to prevent
Whereas Regulations Nos 367/67/EEC and 371 /67/                the divergence of provisions in force in those States
EEC fix the production refunds for broken rice used            from depriving the interested parties of the benefit of
in the manufacture of starch or quellmehl or in the            the refund ; whereas the procedure for paying the
brewing industry where a levy is imposed on that               production refund on broken rice intended for use in
product; whereas, since a levy has been charged since          the brewing industry should correspond as closely as
6 December 1968 , the production refund must be                possible to that applying to maize for the manu­
granted ; whereas, therefore, uniform measures                 facture of starch and of groats and meal ; whereas,
should be taken concerning both the point in time              therefore, as in the case of starch and of maize
to be used for fixing the amount of the refund and             groats and meal used in the brewing industry, the
the procedures for ensuring that it is properly                Member State importing or producing the broken
applied ;                                                      rice must pay the production refund ;
Whereas broken rice is in a special position as a              Whereas it would appear that the . proof that broken
result of movements in world market prices for that            rice is actually used by the Community brewing
product in relation to the prices fixed by Community           industry may be obtained from documents certifying
rules and in particular to the threshold price and to          the sale of the product to a brewery as well as
the minimum supply price in the Community fixed                from supervision of its use; whereas, where broken
at 8-30 units of account per quintal ; whereas the             rice is used in a Member State other than that which
production refund therefore varies within the limits           is required to pay the refund, a method of adminis­
of these two prices ; whereas, in view of this par­            trative co-operation should be established which will
ticularity of production refunds on broken rice, the           provide the necessary safeguards ;
same point in time should be used in all Member
States for calculating the refund;                             Whereas, under the Community provisions laid down
                                                               in this Regulation, Member States should take all
Whereas, if the importer has made known his inten­             appropriate measures to ensure the supervision
tion to deliver the imported broken rice to the                provided for by Article 2 of Regulation No 367/67/
industries concerned, the refunding to him of the              EEC ;
                                                               Whereas the measures provided for in this Regulation
1 OJ No 174, 31.7.1967, p. 36.                                 are in accordance with the Opinion of the Manage­
2 OJ No 174, 31.7.1967, p. 40.                                 ment Committee for Cereals ;
 ---pagebreak--- 584                                  Official Journal of the European Communities
HAS ADOPTED THIS REGULATION :                                                               Article 4
                        Article 1
                                                                If the broken rice is intended for use in a Member
1 . The amount of the production refund for                     State other than the State required to pay the pro­
imported broken rice used for the manufacture of                duction refund :
starch or quellm'ehl or in the brewing industry shall           ( a ) the movement certificate DD4 issued for this
be the same as that in force on the day on which                      product should include :
the broken rice is imported.
                                                                      — in part A a declaration by the exporter stating
2. The amount of the production refund for                                 the net weight of the product and that it is
Community produced broken rice shall be that in                            intended for use in one of the industries
force on the day of delivery to the starch, quellmehl                      referred to in Article 2,
or brewing industry.
                                                                      — in part B the stamp of the competent authority
3 . Broken rice imported unprocessed and processed                         of   the   Member     State which   issued the
in the Community shall be treated in the same way                          certificate, certifying the declaration of the
as the broken rice referred to in paragraph 2.
                                                                           exporter ;
                        Article 2                               ( b ) the product shall be placed under customs or
                                                                      equivalent administrative control as soon as it
The production refund on broken rice used in the                      enters the State in whose territory the manu­
manufacture of starch or quellmehl or in the brewing                  facturing industry is situated and until the time
industry shall be paid by the Member State in whose                   of processing;
territory the broken rice is imported or produced.
                                                                ( c) as soon as the broken rice covered by the
The production refund shall be paid only if that                      certificate has been used by one of the industries
Member State has ascertained that the broken rice
                                                                      referred to in Article 2, confirmation that it has
has actually been used in one of the industries re­                   been so used shall be entered in the 'Request for
ferred to in the preceding subparagraph.                              verification' section of the movement certificate
                                                                      DD 4 and this certificate shall be returned for
                        Article 3                                     verification to the customs authorities of the
                                                                      Member State which issued it, who shall forward
1 . In order to receive payment of the refund, the
                                                                      it to the agency responsible for payment ;
importer shall declare at the time of importation
that he intends to deliver the broken rice to one of'           ( d) each Member State shall immediately inform the
the industries referred to in Article 2 .                             other Member States and the Commission of the
                                                                      authorities in addition to the customs authorities
2. In order to receive payment of the refund, the
producer of broken rice shall submit to the competent                 which are to apply this Article.
authorities an application to which' must be appended
his invoice to one of the industries referred to in
                                                                                            Article 5
Article 2 showing the date of delivery or a true
copy stating the quantity of broken rice sold and               This Regulation shall enter into force on the third
indicating the exact business name of the under­                day following its publication in the Official Journal
taking in question.                                             of the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 20 December 1968 .
                                                                                          For the Council
                                                                                           The President
                                                                                              Jean REY