CELEX: 31968R0559
Language: en
Date: 1968-05-06 00:00:00
Title: Regulation (EEC) No 559/68 of the Commission of 6 May 1968 laying down detailed rules for the application of Regulation No 367/67/EEC fixing production refunds on maize groats and meal and broken rice used in the brewing industry

106                                Official Journal of the European Communities
  No L 106/6                         Official Journal of the European Communities                               7.5.68
                             REGULATION (EEC) No 559/68 OF THE COMMISSION
                                                    of 6 May 1968
               laying down detailed rules for the application of Regulation No 367/67/EEC fixing
               production refunds on maize groats and meal and broken rice used in the brewing industry
  THE    COMMISSION      OF    THE   EUROPEAN COM­              and broken rice on the other, it is necessary to
  MUNITIES ,                                                    ensure that the procedure for the payment of the
                                                                production refund on maize and broken rice for
                                                                the brewing industry corresponds as closely as
  Having regard to the Treaty establishing the European         possible with that applying to maize for the manu­
  Economic Community ;                                          facture of starch; whereas, therefore, as in the case
                                                                of starch, the Member State in which maize is
 Having regard to Council Regulation No 367/67/                 processed must pay the production refund ;
 EEC1 of 25 July 1967 fixing producion refunds on
 maize groats and meal and broken rice used in the              Whereas these problems arise at present only in
 brewing industry, and in particular Article 3 thereof;         respect of maize groats and meal, as broken rice
                                                               does not qualify for a production refund because
 Whereas Article 2 of Regulation No 367/67/EEC                 its price on the world market is higher than the
 requires Member States to take all necessary                   Community price;
 measures to ensure that the above-mentioned refunds
 are limited to the quantities of maize groats and             Whereas it would appear that the proof that maize
 meal and of broken rice actually used by the brewing          groats and meal is actually used by the brewing
 industry in the Community; whereas such measures              industry in the Community may be obtained from
 should accord with any rules of application laid              documents certifying the sale of the product to
 down in pursuance of Article 3 of that Regulation ;           a brewery, as well as from supervision of its actual
 whereas it is therefore necessary to adopt such rules         use ; whereas, where maize groats and meal are used
 as will ensure that the payment of the refund and             in a Member State other than that which is required
the effectiveness of control are not hindered by               to pay the refund, a method of administrative
 divergent measures taken by Member States ;                   co-operation should be established which will provide
                                                               the necessary safeguards ;
Whereas, moreover, a Community rule should des­
 ignate the Member State responsible for the pay­              Whereas, under the Community provisions laid down
ment of the refund, where transactions involve the             in this Regulation, Member States should take any
 territory of several Member States, so as to prevent          additional measures necessary to ensure the super­
the divergence of provisions in force in those States          vision required by Article 2 of Regulation No 367/
from depriving the parties concerned of the benefit            67/EEC ;
of the refund ; whereas such refund was fixed for
processed maize groats and meal and broken rice
for the brewing industry in order to make such                 Whereas the Management Committee for Cereals has
products competitive with maize starch which in                not delivered an Opinion within the time limit set
respect of all uses qualifies fqr the production refund        by its Chairman ;
on maize for the manufacture of starch ; whereas
the latter was hitherto paid by the Member State               HAS ADOPTED THIS REGULATION :
in whose territory maize is actually used by the
starch industry for the manufacture of starch ;                                      Article 1
whereas, in view of the competitiveness between
starch on the one hand and maize groats and meal               The production refund on maize used by the maize
                                                               industry to manufacture groats and meal for the
                                                               brewing industry, provided for in Article 1 of
1 OJ No 174, 31.7.1967, p. 36.                                 Regulation No 367/67/EEC. shall be paid by the
 ---pagebreak---                                      Official Journal of the European Communities                                    107
Member State on whose territory groats and meal are                   — in part B, the stamp of the competent auth­
manufactured.                                                             ority of the Member State which issued the
                                                                          certificate, certifying the declaration of the
The production refund shall be paid only if that
                                                                          exporter ;
Member State has ascertained that the maize groats
and meal have actually been used by the brewing
                                                                ( b ) the product shall be placed under a system of
industry.
                                                                      customs control or a system of administrative
                                                                      supervision providing equivalent safeguards as
                          Article 2                                   soon as it enters the Member State on whose
1 . In order to receive payment of the refund, the                    territory the user brewery is situated and until
maize grower shall submit to the competent auth­                      the time of processing;
orities an application to which must be appended
his invoice to a brewery, or a true copy, stating the           (c) as soon as the groats and meal covered by the
quantity, expressed in net weight, of maize groats                    certificate have been used by the brewery, con­
and meal sold and indicating the exact business name                  firmation that they have been so used shall be
of the brewery.                                                       entered in the section 'Request for Verification'
                                                                      of movement certificate DD4 and this certificate
Moreover, if the maize groats and meal are for use                    shall be returned for verification to the customs
in a Member State other than the State required                       authorities of the Member State which issued it,
to pay the production refund :                                        which shall forward it to the agency responsible
(a) the movement certificate DD 4 issued for this                     for payment;
    product should include :
                                                                (d) each Member State shall immediately inform the
    — in part A, a declaration by the exporter                        other Member States and the Commision of the
        stating the net weight of the product and                     authorities which, in addition to the customs
        that it is intended for brewery use;                          authorities, are to apply this Article.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 6 May 1968 .
                                                                                      For the Commission
                                                                                          The President
                                                                                             Jean REY