31968R1080

366 Official Journal of the European Communities

No L 181/6 Official Journal of the European Communities 27.7.68

REGULATION (EEC) No 1080/68 OF THE COMMISSION

of 26 July 1968

on the procedure for calculating the levy on products processed from cereals and from rice and for the advance fixing of the levy for some of these products

THE i COMMISSION OF THE EUROPEAN COM­ such products used for calculating the variable MUNITIES , component ;

Whereas, in accordance with Article 15 (3 ) of Regu­ Having regard to the Treaty establishing the Euro­ lation No 120/67/EEC, the provisions for the ad­ pean Economic Community; vance fixing of the levy may be extended in whole or in part to processed products ; whereas use should Having regard to Council Regulation No 120/67/ be made of these provisions in respect of malt, brans EEC1 of 13 June 1967 on the common organisation and residues, certain roots and root flours and of the market in cereals, and in particular Articles denatured tubers, in view of market conditions and 15 (3 ) and 24 thereof; ■ the requirements of international trade, in particular the practice of entering into long-dated contracts ; Having regard to Council Regulation No 359167/ EEC2 of 25 July 1967 on the common organisation Whereas , owing to the conditions in and the sensi­ of the market in rice, and in particular Articles 13 tivity of the malt trade, provision should be made, (3 ) and 25 thereof; where a levy is fixed in advance, for the charging of a premium so that malt imported under this system Having regard to Council Regulation (EEC) No reaches the Community under conditions that cannot 1052/ 68 3 of 23 July 1968 on the import an export upset the market ; system for products processed from cereals and from rice, and in particular Articles 2 (2 ) and 5 thereof; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ Whereas the variable component of the levy on the ment Committee for Cereals : processed products covered by Regulation (EEC) No 1052/68 is normally fixed for a month and altered in the intervening period in line with variations of HAS ADOPTED THIS REGULATION : the levy on the basic product; whereas these vari­ ations do not always have an immediate effect on TITLE I the price of imported processed products ; whereas, moreover, the above-mentioned Regulation provided that the variable component should not be altered Alteration of the levy during the month unless the variation in the levy on basic products reaches a certain limit to be fixed; Article 1

1 . Where, during the month of importation of Whereas, with a view to the implementation of products covered by Regulation (EEC) No 1052/68, Article 5 of Regulation (EEC) No 1052/68, the the levy in force for 100 kg of the basic product variable component of the levy on processed products exceeds by 0-25 units of account the average levy, qualifying for a production refund granted on basic adjusted in accordance with the second subparagraph products used in their manufacture should be reduced of Article 2 ( 1 ) of that Regulation, on the same by the amount of such refund on the quantities of quantity during the first twenty-five days of the preceding month, the variable component of the levy on the processed product shall be increased by 1 OJ NO 117, 19.6.1967, p. 2269/67. an amount equal to the ascertained excess, rounded 2 OJ No 174 , 31.7.1967 , p. 1 . 3 , OJ No L 179, 25.7.1968 , p. 8 . to 0-25 units of account or to the nearest multiple of

Official Journal of the European Communities 367

(e) 161 kg of maize for starch processing, in respect 0*25 units of account, the amount of such excess of starches other than those of wheat or rice; then being multiplied by the coefficient shown in column 4 of the Annex to Regulation (EEC) No (f) 400 kg of common wheat for starch processing, in 1052/68 . respect of wheat gluten ; This increase shall apply on the day following ascertainment of the excess . (g) 200 kg of maize for starch processing, in respect of other glutens ; Where, subsequently during the same month, the levy in force differs by not less than 0-25 units of (h) 210 kg of maize for starch processing, in respect account per 100 kg of basic product from the of glucose with or without added flavouring or variable component increased as specified above colouring matter in the form of white crystalline (prior to multiplication by the above-mentioned), powder, whether or not agglomerated ; that variable component shall be increased or reduced by an amount equal to the ascertained difference, (i) 161 kg of maize for starch processing, in respect rounded to 0-25 units of account or to the nearest of any other glucose, and glucose syrup, with or multiple of 0-25 units of account, the rounded without added flavouring or colouring. differences being then multiplied by the above­ mentioned coefficient.

However, the amount of the levy may in no case TITLE III be reduced below the level fixed on the first day of the month . Advance fixing of the levy

2. For the application of paragraph 1 to products falling within tariff sub-heading No 23.02 A, the levy on 100 kg of 'basic product' shall be calculated Article 3 by adding together the levies on 100 kg of common wheat, 100 kg of barley and 100 kg of maize and 1 . The levy on products falling within tariff headings dividing the total by 3 . and sub-headings Nos 07.06 B, 11.06 A, 11.07 and 23.02 A listed in the Annex to Regulation (EEC) No 1052/68 shall be fixed in advance in respect of TITLE II an import to be effected during the period of validity of the licence if the applicant so requests when ap­ plying for the licence. Levy on products qualifying for a production refund In that case the amount of the levy shall be equal to that applicable on the day on which the import licence is applied for, adjusted if necessary in relation Article 2 to the threshold price in force during the month of importation for the basic products or products taken The variable component of the levy calculated in accordance with Article 2 of Regulation (EEC) No as a basis for the calculation of the variable component of the levy, without prejudice to the possible 1052/68 applicable to 100 kg of processed products application of the second subparagraph of Article listed in Article 5 of that Regulation shall be reduced 15 (3 ) of Regulation No 120/67/EEC. by an amount equal to the production refund granted on the date of importation for:

This adjustment shall be made by increasing or ( a) 180 kg of maize for processing, in respect of maize reducing the levy by the difference between the groats and meal for the brewing industry; threshold price in force in the month of the appli­ cation for 100 kg of the basic product and that in (b) 161 kg of maize for starch processing, in respect force in the month of importation, that difference of flours and meals of sago, manioc, arrowroot, being adjusted by the coefficient shown in column 4 salep and other roots and tubers falling within heading No 07.06 of the Common Customs of the Annex to Regulation (EEC) No 1052/68 . Tariff;

(c) 220 kg of common wheat for starch processing, 2. With regard to products falling within tariff in respect of wheat starch; heading No 11.07 a premium shall be added to the levy fixed in advance. This premium shall, per 100 (d) 152 kg of broken rice for starch processing, in kg of processed product, be equal to the premium respect of rice starch : applicable under Article 15 of Regulation No 120/67/

368 Official Journal of the European Communities

TITLE IV EEC and under Regulation No 140/67/EEC1 and in accordance with the scale in force on the day on which the licence was applied for, to the quantity General provisions of the basic product taken as a basis for the calcu­ lation of the variable component of the levy. Article 5

Member States shall communicate to the Commission on the 15th of each month in respect of the preceding Without prejudice to the possible application of month : Article 9 (b) of Regulation No 140/67/EEC, the premium shall be determined in relation to the ( a) the total quantities of processed products for month of actual importation of the processed , pro­ which import licences have been issued ; duct, the premium applicable to an importation ( b ) the quantities for which import licences have been effected during the last month of validity of the issued with advance fixing of the levy. import licence being equal to that applicable to an importation effected during the preceding month . These particulars shall be broken down by specific rates of levy on the products .

Article 6 Article 4 Commission Regulation No 475 /67/EEC2 on the procedure for calculating the levy on products For each of the products covered by this Title, the processed from cereals and rice and for the advance period for which it is possible to obtain advance fixing of the levy for some of these products is fixing of the levy may be reduced in accordance with hereby repealed. the procedure laid down in Article 26 of Regulation No 120/67/EEC . This Regulation shall enter into force on 29 July 1968 .

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

Done at Brussels, 26 July 1968 . 1

For the Commission

The President

Jean REY

1 OJ No 125, 26.6.1967, p. 2456/67. 2 OJ No 204, 24.8.1967, p. 21 .