31968R0559

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 Whereas the Management Committee for Cereals has for the brewing industry in order to make such not delivered an Opinion within the time limit set products competitive with maize starch which in by its Chairman ; respect of all uses qualifies fqr the production refund 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

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 firmation that they have been so used shall be and meal sold and indicating the exact business name entered in the section 'Request for Verification' of the brewery. 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 for payment; ( a) the movement certificate DD 4 issued for this 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