Commission Regulation (EEC) No 897/82 of 20 April 1982 amending for the third time Regulation (EEC) No 1842/81 in respect of the grant of adjusted refunds in the case of cereals exported in the form of certain spirituous beverages

21.4.1982 EN Official Journal of the European Communities L 106/7
COMMISSION REGULATION (EEC) No 897/82
of 20 April 1982
amending for the third time Regulation (EEC) No 1842/81 in respect of the grant of adjusted refunds in the case of cereals exported in the form of certain spirituous beverages
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 3808/81 (2), and in particular Articles 16 (6) and 24 thereof,
Having regard to Council Regulation (EEC) No 1188/81 of 28 April 1981 laying down general rules for granting refunds adjusted in the case of cereals exported in the form of certain spirituous beverages and the criteria for fixing the amount of such refunds and amending Regulation (EEC) No 3035/80 concerning certain products not covered by Annex II to the Treaty (3), and in particular Article 12 thereof,
Whereas Commission Regulation (EEC) No 1842/81 (4), as last amended by Regulation (EEC) No 3487/81 (5), lays down the procedure for granting adjusted refunds on cereals exported in the form of certain spirituous beverages;
Whereas Article 1 (2) of Regulation (EEC) No 1842/81 lays down that the payment declaration shall include the net weight of the products; whereas, moreover, Article 4 (3) of the same Regulation lays down that the cereals or malt employed must be of sound, merchantable quality; whereas, in the interest of clarity, the concept of humidity used in that Regulation should be defined;
Whereas the moisture content of cereals does not usually exceed 16 %; whereas cereals with a moisture content exceeding 16 % are sometimes used in the production of whisky; whereas provision should accordingly be made for a reduction; whereas the reduction should be greater in cases where the moisture content of the cereals used exceeds 18 %, to take account of the fact that such cereals have not been dried;
Whereas Council Regulation (EEC) No 2731/75 (6), as amended by Regulation (EEC) No 1156/77 (7), also lays down a standard method of testing for moisture content of cereals; whereas reference should be made to that method, while allowing the use of other commonly-used methods, provided the latter offer sufficient guarantees;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,