CELEX: 31975R2026
Language: en
Date: 1975-08-04 00:00:00
Title: Regulation (EEC) No 2026/75 of the Commission of 4 August 1975 laying down detailed rules for the application of Regulation (EEC) No 1955/75 as regards production refunds on starches

5 . 8 . 75                              Official Journal of the European Communities                          No L 206/5
                            REGULATION (EEC) No 2026/75 OF THE COMMISSION
                                                       of 4 August 1975
              laying down detailed rules for the application of Regulation (EEC) No 1955/75 as '
                                          regards production refunds on starches
THE COMMISSION OF THE EUROPEAN                                    Whereas common wheat starch is usually manufac­
COMMUNITIES,                                                      tured from common wheat flour ; whereas the produc­
                                                                  tion refund is calculated on the basis of the quantity
Having regard to the Treaty establishing the European             of common wheat required to produce a given quan­
Economic Community ;                                              tity of starch ; whereas it is therefore necessary to lay
                                                                  down a conversion rate for the expression of common
                                                                  wheat flour in terms of common wheat :
Having regard to Council Regulation No 120/
67/EEC (1) of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 665/75 (2) ;                                      Whereas it is necessary to specify which Member State
                                                                   is responsible for paying the production refund ;
Having regard to Council Regulation No 359/                       whereas for reasons of administrative facility this
                                                                   should be the Member State in which the basic
67/EEC (3) of 25 July 1967 on .the common organiza­
tion of the market in rice, as last amended by Regula­             product is processed or into " which it is imported ;
tion (EEC) No 668/75 (4) ;
Having regard to Council Regulation (EEC) No                      Whereas, as regards the new Member States, any acces­
1 955/75 (5) of 22 July 1975 on production refunds in              sion compensatory amount applicable should be taken
the cereals and rice sectors, and in particular Article 8          into account when paying the production refund ;
thereof ;
Whereas Article 11(1 ) (c) of Regulation No 120/                  Whereas sufficient proof that the groats and meal for
67/ EEC provides that a production refund is to be                 broken rice have been used by the industry concerned
granted on maize groats and meal for use by the                    can be furnished by documents certifying that the
glucose industry where the direct hydrolysis process is            product has been sold to the industry in question and
used ; whereas the characteristics of such products                by the control as to use ; whereas provision should be
and, in particular, the quality and purity requirements            made for a system of administrative cooperation
which they must satisfy should be specified in greater             affording adequate safeguards to handle cases where
detail in order to prevent production refunds from                 the product in question is used in a Member State
being granted in error in respect of products which                other than the State required to pay the production
look like maize groats or meal but which are in fact               refund ;
composed of a mixture of such products and other
products, thus ensuring that the granting of refunds is
based on the same criteria throughout the Commu­
nity ;                                                             Whereas, in order to ensure that processing is carried
                                                                   out or that the basic product placed under supervision
Whereas it should be specified that the production                 is used for the purpose intended, provision should be
refund is to be paid to producers of starch, of groats             made for the person entitled to the refund to lodge a
and meal or of broken rice and to importers of broken              security ; whereas such security will be released only
rice to be used by the starch industry ; whereas it is             when the trader concerned has fulfilled the obliga­
desirable that the person entitled to the production               tions specified in this Regulation ;
refund should be able to make use of it at the earliest
possible date ; whereas this can be achieved if the
basic product is placed under official supervision and
the competent agency pays the production refund                    Whereas it is desirable for the sake of clarity to
within 30 days of the day on which the application for             produce the provisions relating to production refunds
                                                                   in a new Regulation ;
placing under official supervision is accepted ;
(') OJ   No 117, 19. 6. 1967, p. 2269/67.
(2) OJ   No L 72, 20. 3. 1975, p. 14.
(3) OJ   No 174, 31 . 7. 1967, p. 1 .                              Whereas the measures provided for in this Regulation
(4) OJ   No L 72, 20. 3. 1975, p. 18 .                             are in accordance with the Opinion of the Manage­
(«) OJ   No L 200, 31 . 7. 1975, p. 1 .                            ment Committee for Cereals,
 ---pagebreak--- No L 206/6                         Official Journal of the European Communities                              5. 8 . 75
HAS ADOPTED THIS REGULATION :                                placed under supervision is accepted shall be paid by
                                                             the Member State on whose territory the common
                        Article 1                            wheat or maize starch, the maize groats and meal or
                                                             broken rice is produced or into whose territory the
1 . For the purpose of this Regulation, 'groats and          broken rice is imported. It shall be paid within 30
meal' means products obtained in the milling of              days of that on which the application for the basic
maize grain . They are sharp-edged, granular fragments       product to be placed under supervision was accepted.
of the grain kernel and at least 70 % are uniform in
size .                                                       2. Where the production refunds fixed in Articles
                                                             of Regulation (EEC) No 1955/75 are altered between
Groats and meal may contain no products other than           the day on which the application for the basic product
those obtained in the normal milling process, such as        to be placed under official supervision is accepted and
starch, whether or not heat-modified, and similar            the day of processing, the production refund shall be
products.                                                    adjusted for 1 metric ton of the basic product in
2. Maize groats and meal :                                   proportion to this alteration .
(a) must have a fat content calculated on the dry            The amount of such adjustment shall, within 30 days
     matter not exceeding 1 -3 % by weight and a raw         following the day of processing, be :
     cellulose content calculated on the dry matter ; not
     exceeding 0-8 % by weight ;                             (a) repaid by the person entitled to the production
                                                                 refund to the competent agency, where the adjust­
(b) must not comprise more than 30 % matter which                ment necessitates a reduction in the production
     passes through a 315-micron mesh sieve ; and                refund ; or
(c) must comprise less than 5 % matter which passes          (b) shall be paid by the competent agency to the
     through a 150-micron mesh sieve.                            person entitled to the refund, where the adjust­
3 . Broken rice imported unprocessed and processed               ment necessitates an increase in the production
in the Community shall be treated in the same way as             refund .
broken rice produced in the Community.
                                                                                        Article 4
4. When common wheat to be used for the produc­
tion of flour and then of starch is placed under official
supervision , a conversion rate of 1-40 metric tons of       If the maize groats and meal or the broken rice is for
common wheat to 1-00 metric ton of flour shall be            use in a Member State other than in the State required
applied.                                                     to pay the refund :
5.     When common wheat flour to be used for the            (a) account shall be taken of any accession compensa­
                                                                 tory amount applied ;
production of starch is placed under official supervi­
sion, a conversion rate of 1 -40 metric tons of common       (b) proof of the use of maize groats and meal in the
wheat to 1-00 metric ton of flour shall be applied.              glucose industry and of broken rice in the starch
                                                                 industry may be furnished only by production of
                        Article 2                                the control copy provided for in Article 1 of the
                                                                 Regulation (EEC) No 2315/69 . On that copy :
The production refund provided for in Article 1 of
Regulation (EEC) No 1955/75 shall be paid :                      (aa) sections    101 ,    103    and 104  shall    be
                                                                      completed ;
(a) to producers of starch from common wheat or
     maize ;                                                     (bb) section 104 shall be completed by deleting as
                                                                      appropriate and entering against the second
(b) to producers of maize groats and meal for the                     indent the relevant form of the following
     manufacture of glucose by direct hydrolysis ; and                endorsements :
(c) to producers or importers of broken rice for use by
     the starch industry ;                                            — intended for use in the 'glucose industry
                                                                           by direct hydrolysis process', or 'starch
provided such producers or importers, hereinafter                          industry' in accordance with Regulation
called persons entitled to the refund, furnish proof                      (EEC) No 2026/75 ;
that the basic product in question has been placed
under supervision by the competent agencies of the                    — bestimmt zur Verwendung in der 'Gluko­
Member States and state that they are prepared to                         seindustrie nach direktem Hydrolysever­
supply on request all information necessary for such                       fahren' oder 'Stärkefabrik' gemäß den
supervision .                                                              Bestimmungen der Verordnung (EWG)
                                                                           Nr. 2026/75 ;
                        Article 3                                     — bestemt til anvendelse i 'glukoseindustri
                                                                          efter direkte hydrolyse' eller 'stivelsesin­
 1 . The production refund valid on the day on                            dustri ' i henhold til bestemmelserne i
which the application for the basic product to be                          forordning (EØF) rir. 2026/75 ;
 ---pagebreak--- 5. 8 . 75                               Official Journal of the European Communities                          No L 206/7
          — destiné      à    1 utilisation   en   'glucoserie    must be appended a copy of his invoice of sale to a
              suivant le procédé d'hydrolyse directe' ou          starch manufacturing undertaking, or to a glucose
              en 'amidonneri', conformément aux dispo­            manufacturing undertaking using direct hydrolysis,
              sitions du règlement (CEE) n0 2026/75 ;             stating the quantity, expressed in net weight, of the
          — destinato alla glucosie secondo processo              maize groats and meal or broken rice sold and the
              idrolitico   diretto'    o 'industria   dell'am­    exact business name of the undertaking concerned.
              mido', conformemento allo disposizioni
              del regolamento (CEE) n . 2026/75 ;                 In addition, the Member State on whose territory the
                                                                  groats and meal of maize or broken rice are used shall
          — bestemd voor verwerking in de glucose­                ensure, by means of appropriate checks, that the
              industrie volgens hydrolyseprocédé' of              product concerned has been used in glucose manufac­
              'zetmeelfabriek', overeenkomstig de bepa­           ture or in the manufacture of rice starch .
              lingen     van     Verordening      (EEG)     nr.
              2026/75 ;                                           The competent agency of the Member State in ques­
                                                                  tion shall, taking economic and industrial exigencies
(c) the quantity of maize groats and meal actually                into account, stipulate within what period the product
     used by the glucose industry or the quantity of              in question must be used hy the glucose or rice starch
     broken rice actually used by the starch industry             industry.
     shall be entered in the section 'Control as to use
     and/or destination' under the heading 'Remarks'.             The security or part thereof not released in accordance
                                                                  with this Article shall be forfeit and applied by way of
                                                                  reimbursement of the refund paid.
                           Article 5
                                                                  4. However, where, as a result of force majeure, the
 1 . The granting of the refund referred to in Article            basic product has not been processed or used within
2 shall be conditional on the lodging by the person               the prescribed period, the competent agency of the
entitled to the refund of a security guaranteeing the             Member State shall, at the request of the person
processing and/or use of the basic product.                       entitled to the refund, decide in the light of the
                                                                  circumstances evoked whether the security should be
                                                                  released or the period set for processing extended.
The security may take form of a guarantee given by a
credit institution - or any other agency meeting the              If the competent agency finds that force majeure
criteria fixed by such Member State.                              exists, its Member State shall forthwith notify the
                                                                  Commission , which shall inform the other Member
2. The amount of the security shall be equal to                   States .
 105% of the production refund requested.
3.     The security shall be released when :                                              Article 6
(a) the person entitled to the refund has furnished               Details of the methods of inspection and analysis
     proof to the competent agency that a least 96 %              necessary for the application of this Regulation shall
     of the quantity of the basic product placed under            be communicated by every Member State to the
     supervision has been processed not later than 90             Commission within three months following the entry
     days following acceptance of the application for             into force of this Regulation . Any alterations made to
     the product to be placed under official supervision .        those methods shall be communicated to the Commis­
                                                                  sion forthwith .
     However, when a quantity equal to less than 96 %
     of the amount of the basic product has been
     processed, the security shall be released in respect                                 Article 7
     of an amount equal to that of the production
     refund payable on the quantity of the basic
     product which has been processed.                            Regulation (EEC) No 2012/74 is hereby repealed.
(b) where applicable, the amount referred to in subpa­
     ragraph (a) of the Article 3 (2) has been repaid.                                    Article 8
Moreover, in respect of maize processed into groats               This Regulation shall enter into force on :
and meal to be used for the manufacture of glucose by
direct hydrolysis and in respect of broken rice for the           — the day of its publication in the Official Journal
manufacture of starch, the security shall not be                       of the European Communities for products
released, except in the case referred to in Article 4                 coming under Regulation No 120/67/EEC,
until the person entitled to the refund has submitted             — 1 September 1975 for those products coming
to the competent authority an application to which                    under Regulation No 359/67/EEC.
 ---pagebreak--- No L 206/8                    Official Journal of the European Communities                        5. 8 . 75
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 4 August 1975.
                                                                  For the Commission
                                                                    P. J. LARDINOIS
                                                              Member of the Commission