31968R1058

348 Official Journal of the European Communities

No L 179/32 Official Journal of the European Communities 25.7.68

REGULATION (EEC) No 1058/68 OF THE COMMISSION of 24 July 1968

laying down detailed rules for the application of Regulation No 371 /67/EEC in respect of the production refund on potato starch

THE COMMISSION OF x THE EUROPEAN COM­ Whereas the inspection of potatoes required in par­ MUNITIES , ticular for assessment of their starch content calls for facilities which only starch works are likely to Having regard to the Treaty establishing the have ; whereas this operation should therefore be European Economic Community ; effected at the starch works or at their delivery centres ; Having regard to Council Regulation No 120/67/ EEC 1 of 13 June 1967 on the common organisation Whereas three methods are used in Member States of the market in cereals ; for ascertaining the net weight of potatoes, and experience has shown that they give equally satis­ Having regard to Council Regulation No 371 /67/ factory results ; whereas these three methods may be EEC2 of 25 July 1967 fixing production refunds on used concurrently; starches and quellmehl, and in particular Article 5 thereof; Whereas the production refund should not be granted for potatoes that are completely unsuitable for starch Whereas Article 5 ( b ) of Regulation No 371 /67/EEC manufacture; whereas, for potatoes of too small a laid down that, to enable the production refund on size to give a normal yield in processing, there should potato starch to be administered, the conditions be some reduction in the net weight used for calcu­ under which potatoes are accepted and paid for by lating the minimum price payable by the starch the starch manufacturer and the conditions under manufacturer as shown in the Annex to Regulation which the latter furnishes proof of the quantities of No 451 /67/EEC3 of 14 August 1967 determining the potatoes that have been delivered to him, with quantity of potatoes required for the manufacture details of their starch content, and of the payment of 100 kg of starch ; to the producer of the minimum price to be received by him, should be the subject of Community Whereas the main particulars of deliveries should be measures ; whereas, in view of the administrative pro­ recorded by starch manufacturers on a receipt form cedures and controls involved, provision should be and summarised in a statement of settlement drawn made for the starch manufacturer to receive reim­ up by the supplier in order to provide the in­ bursement of the refund which', he has advanced one month after he has furnished the above-mentioned formation needed for payment of the refund and for verifying the entitlement ; proof;

Whereas the measures provided for in this Regulation Whereas, without waiting for such reimbursement, are in accordance with the Opinion of the Manage­ in order not to oblige him to pay the amount of the ment Committee for Cereals ; refund due to the producer in advance, such advance should be granted to the starch manufacturer by the Member State as soon as he shows that he has paid HAS ADOPTED THIS REGULATION : to the producer the minimum price due ; whereas, to avoid distortions of competition between Com­ Article 1 munity potato starch works, a uniform system of payment of such advances should be instituted by The delivery of potatoes to starch manufacturers the six Member States ; shall take place at manufacturers' works or at their

1 OJ No 117, 19.6.1967 , p. 2269/67 . 3 OJ No 198 , 17.8.1967, p. 2. 2 OJ No 174, 31.7.1967, p. 40 .

Official Journal of the European Communities 349

delivery centres . The procedure laid down in Articles of the following particulars as arise from operations 2 to 4 shall be undertaken at the time of delivery and effected in accordance with the preceding Articles, under the authority of an inspector duly appointed and shall retain it so that it may if necessary be by the Member State. submitted to the agency responsible for the super­ vision of production refunds, at the same time Article 2 supplying a duplicate to the producer or his agent:

1 . The gross weight of the potatoes shall be deter­ — date of delivery ; mined for each load at the time of delivery, where — delivery No ; application of one of the methods described in the Annex so requires, by comparative weighings or — name and address of producer ; measurements of the means of transport used, loaded — weight or dimensions of the means of transport and empty. used on its arrival at the starch works or delivery centre ; 2 . The net weight of the potatoes shall be deter­ mined by one of the methods described in the — weight or dimensions of the means of transport Annex . used after unloading and removal of residual earth ; Article 3 — gross weight of the delivery ; 1 . The production refund shall be granted in respect — reduction for extraneous matter or weight of of potatoes of sound and fair marketable quality. water absorbed during washing, expressed as a percentage and applied to the gross weight of the 2 . Where the batches delivered contain 25% or delivery ; more of potatoes that can pass through a screen with a square mesh of 28 mm (hereinafter called — reduction for extraneous matter, expressed in 'tailings'), the net weight used for determination of weight and applied to the gross weight of the the minimum price to be paid by the starch manu­ delivery ; facturer, as shown in the Annex to Regulation — percentage of tailings ; No 451 /67/EEC, shall be reduced as follows : — total net weight of the delivery (gross weight less the reduction ); Percentage of Percentage of tailings reduction — starch content, expressed as a percentage or under-water weight.

26-30% 10% 2. The receipt form shall be made out under -the joint responsibility of the starch manufacturer and 31-40% 15% the duly appointed inspector.

41-50% 20% Article 6 The starch manufacturer shall, for each supplier If the batches contain more than 5 0°/o of tailings, ( producer), draw up a statement of settlement con­ they shall be traded by mutual agreement and there taining the following particulars : shall be no production refund . — business name of the starch works ; The percentage of tailings shall be determined at the — name and address of producer; same time as the net weight. — production contract number, if applicable; Article 4 — date and number of receipt forms ; The starch content of potatoes shall be determined, — net weight of each delivery after any reductions in accordance with Regulation No 451/67/EEC, on as mentioned in Article 5 ; the basis of an under-water weight of 5050 g. — unit price per delivery; The water used must be clean and without additive, and its temperature must be between 9 and 18° C. — refund corresponding to unit price per delivery ;

— total price per delivery ; Article 5 — total refund per delivery ; 1 . When a delivery takes place the starch manu­ facturer shall make out a receipt form including such — total sum due to the producer;

350 Official Journal of the European Communities

— amounts paid to the producer and date of the Member State, in accordance with Article 3 (2) payments ; of Regulation No 371 /67/EEC.

— signature and stamp of the starch manufacturer. 4. The Member State, at the request of the starch manufacturer, shall pay him the advances mentioned Article 7 in this Article within thirty days from the date on which he furnishes proof of the payment mentioned 1 . Where the total or partial payment of the ' mini­ in paragraph 1 . mum price to be paid by the starch manufacturer' to the producer is effected in accordance with the second subparagraph of Article 11 (2) of Regulation Article 8 No 120/67/EEC, the Member State which grants the production refund shall advance this to the starch The production refund shall be paid to the starch manufacturer pro rata to the part of the ' above-men­ manufacturer within thirty days following that on tioned minimum price actually paid to the producer . which he furnishes proof of payment to the producer The amount of this advance shall be paid over to of the minimum price to be received by him, in the producer by the manufacturer within thirty days accordance with Article 11 (2) of Regulation No 120 / 67/ EEC . from the payment by the Member State.

2. The granting of the advance mentioned in para­ The production refund may be claimed by the starch graph 1 shall be subject to the lodging of a deposit manufacturer only during the marketing year in by the starch manufacturer guaranteeing payment to question commencing on 1 August and ending on the producer of the minimum price to be received 31 July of the following year. by him, in accordance with the second subparagraph of Article 11 (2 ) of Regulation No 120/67/EEC.' Such proof shall be furnished by submission of the statement provided for in article 6, completed either The deposit may take the form of a guarantee by a by certification of payment by the producer or by credit institution or any other agency meeting the a voucher, issued by the financial agency that made criteria fixed by each Member State. the payment on the order of the starch manufacturer, certifying that such payment has been made. 3 . The amount of the deposit shall be equal to the amount of the advance requested on the production refund , plus 5°/o . Article 9

It shall be released when the starch manufacturer has This Regulation shall enter into force on 1 August received full payment of the production refund from 1968 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 24 July 1968 .

For the Commission

The President

Jean REY

Official Journal of the European Communities 351

ANNEX

Method A

The net weight of the potatoes is determined by taking samples . The sampling is effected in several parts of the means of transport used and at three different levels, namely the upper, middle and lower levels . The residual earth is discharged before the means of transport used is weighed empty. Samples taken for weight checking should weigh not less than 20 kg. The tubers are washed , the extraneous matter removed, and reweighed . The recorded weight is reduced by 2% to allow for the quantity of water absorbed during washing. The result constitutes the total reduction to be applied to 100 kg of potatoes .

Method B

Potatoes from a single producer are collected in silos . The potatoes are washed , the extraneous matter is removed and the total actual weight of the po­ tatoes in the silos is determined allowing 2% for absorbed water.

Method C

1 . This method of determining the actual weight of the potatoes shall apply where batches of potatoes from different producers are collected within the same silo , provided the producers have first agreed to use the method. Before the total actual weight of the batches is determined the net weight of each batch must be determined by means of Method A.

2. The potatoes collected in the silo are then washed, the extraneous matter is removed and their total actual weight is determined allowing 2% for absorbed water.

3 . If the total weight of the batches of washed potatoes is different from the sum of the weights obtained by means of Method A, the following correction is applied : the total weight mentioned at 2 above is multiplied by the net weight obtained by means of Method A for each batch in^urn. Each result is divided by the total net weight of the batches calcinated by means of Method A.