31968R2085

Official Journal of the European Communities 583

21.12.68 Official Journal of the European Communities No L 307/ 11

REGULATION (EEC) No 2085/68 OF THE COMMISSION

of 20 December 1968

on certain detailed rules for granting the production refund on broken rice

THE COMMISSION OF THE EUROPEAN COM­ amount of the levy paid by him on the day of MUNITIES , importation means that the broken rice used by those industries will not be affected by the levy so Having regard to the Treaty establishing the long as the c.i.f. price lies between the threshold European Economic Community ; price and 8-30 units of account per 100 kilogrammes ;

Having regard to Council Regulation No 367/67/ Whereas account should also be taken of the use to EEC1 of 25 July 1967 fixing production refunds on which the producer puts Community-produced maize groats and meal and broken rice used in the broken rice and, therefore, of the delivery of broken brewing industry, and in particular Article 3 thereof; rice to one of the industries concerned ;

Having regard to Council Regulation No 371 /67/ Whereas, moreover, Community rules must also EEC 2 of 25 July 1967 fixing production refunds on designate the Member State responsible for the starches and quellmehl, and in particular Article 5 payment of the refund where transactions involve the thereof; territory of several Member States, so as to prevent the divergence of provisions in force in those States Whereas Regulations Nos 367/67/EEC and 371 /67/ from depriving the interested parties of the benefit of EEC fix the production refunds for broken rice used the refund ; whereas the procedure for paying the in the manufacture of starch or quellmehl or in the production refund on broken rice intended for use in brewing industry where a levy is imposed on that product; whereas, since a levy has been charged since the brewing industry should correspond as closely as 6 December 1968 , the production refund must be possible to that applying to maize for the manu­ facture of starch and of groats and meal ; whereas, granted ; whereas, therefore, uniform measures therefore, as in the case of starch and of maize should be taken concerning both the point in time to be used for fixing the amount of the refund and groats and meal used in the brewing industry, the Member State importing or producing the broken the procedures for ensuring that it is properly applied ; rice must pay the production refund ;

Whereas broken rice is in a special position as a Whereas it would appear that the . proof that broken result of movements in world market prices for that rice is actually used by the Community brewing product in relation to the prices fixed by Community industry may be obtained from documents certifying rules and in particular to the threshold price and to the sale of the product to a brewery as well as the minimum supply price in the Community fixed from supervision of its use; whereas, where broken at 8-30 units of account per quintal ; whereas the rice is used in a Member State other than that which production refund therefore varies within the limits is required to pay the refund, a method of adminis­ of these two prices ; whereas, in view of this par­ trative co-operation should be established which will ticularity of production refunds on broken rice, the provide the necessary safeguards ; same point in time should be used in all Member States for calculating the refund; Whereas, under the Community provisions laid down in this Regulation, Member States should take all Whereas, if the importer has made known his inten­ appropriate measures to ensure the supervision tion to deliver the imported broken rice to the provided for by Article 2 of Regulation No 367/67/ industries concerned, the refunding to him of the EEC ;

Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ 1 OJ No 174, 31.7.1967, p. 36. 2 OJ No 174, 31.7.1967, p. 40. ment Committee for Cereals ;

584 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : Article 4

Article 1 If the broken rice is intended for use in a Member 1 . The amount of the production refund for State other than the State required to pay the pro­ duction refund : imported broken rice used for the manufacture of starch or quellm'ehl or in the brewing industry shall ( a ) the movement certificate DD4 issued for this be the same as that in force on the day on which product should include : the broken rice is imported. — in part A a declaration by the exporter stating 2. The amount of the production refund for the net weight of the product and that it is Community produced broken rice shall be that in intended for use in one of the industries force on the day of delivery to the starch, quellmehl referred to in Article 2, or brewing industry. — in part B the stamp of the competent authority 3 . Broken rice imported unprocessed and processed of the Member State which issued the in the Community shall be treated in the same way certificate, certifying the declaration of the as the broken rice referred to in paragraph 2. exporter ; Article 2 ( b ) the product shall be placed under customs or equivalent administrative control as soon as it The production refund on broken rice used in the enters the State in whose territory the manu­ manufacture of starch or quellmehl or in the brewing facturing industry is situated and until the time industry shall be paid by the Member State in whose of processing; territory the broken rice is imported or produced. ( c) as soon as the broken rice covered by the The production refund shall be paid only if that certificate has been used by one of the industries Member State has ascertained that the broken rice referred to in Article 2, confirmation that it has has actually been used in one of the industries re­ been so used shall be entered in the 'Request for ferred to in the preceding subparagraph. verification' section of the movement certificate DD 4 and this certificate shall be returned for Article 3 verification to the customs authorities of the Member State which issued it, who shall forward 1 . In order to receive payment of the refund, the it to the agency responsible for payment ; importer shall declare at the time of importation that he intends to deliver the broken rice to one of' ( d) each Member State shall immediately inform the the industries referred to in Article 2 . other Member States and the Commission of the authorities in addition to the customs authorities 2. In order to receive payment of the refund, the which are to apply this Article . producer of broken rice shall submit to the competent authorities an application to which' must be appended his invoice to one of the industries referred to in Article 5 Article 2 showing the date of delivery or a true copy stating the quantity of broken rice sold and This Regulation shall enter into force on the third indicating the exact business name of the under­ day following its publication in the Official Journal taking in question . of the European Communities.

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

Done at Brussels, 20 December 1968 .

For the Council

The President

Jean REY