31973R1009

14 . 4 . 73 Official Journal of the European Communities No L 100/29

REGULATION (EEC ) No 1009/73 OF THE COMMISSION of 12 April 1973

adopting in respect of Denmark special measures for maize groats and meal used in the manufacture of glucose

THE COMMISSION OF THE EUROPEAN sary to take provisional measures to enable the COMMUNITIES, industry to benefit from a production refund under the same conditions as those under which glucose manufacturers using the traditional method benefit Having regard to the Treaty establishing the Euro­ indirectly ; pean Economic Community ;

Whereas the amount of that refund should be fixed Having regard to the Treaty (*) concerning the at a level which will create a real balance between Accession of new Member States to the European the two manufacturing processes ; whereas, in order Economic Community and to the European Atomic to achieve this and to prevent the financial burden Energy Community, signed at Brussels on 22 of this refund becoming excessive, the Member January 1972, and in particular Article 63 ( 1 ) of the State concerned will have to take all necessary Act (2 ) annexed thereto, hereinafter called the 'Act' ; measures to make sure that the aforesaid refund is granted only in respect of the quantities of maize Whereas Article 11 ( 1 ) of Council Regulation No groats and meal actually used by the industry in 120/67/EEC (3 ) of 13 June 1967 on the common question ; organization of the market in cereals , as last amended by the Act, provides for a production refund to be granted for maize used in the Commu­ Whereas criteria of quality and purity should be nity for the manufacture of starch ; whereas since laid down for the maize groats and meal from glucose is traditionally made from starch it benefits which the glucose is to be produced in order to indirectly from that refund ; avoid in particular their being mixed with the remainder of products for which a production refund has already been paid ; Whereas, however, a manufacturing process — known as the direct hydrolysis process — ; s used in Denmark, by which glucose is obtained directly Whereas it is equally necessary to lay down which from maize groats without passing through the Member State shall be responsible for paying the 'starch' stage ; whereas, since Community legislation refund ; whereas, in that respect and for reasons of makes no provision for a production refund for alignment, the rule established >in Commission Regu­ glucose as such, glucose obtained by direct hydro­ lation (EEC ) No 559/68 (4 ) of 6 May 1968 laying lysis stands in an economically unfavourable produc­ down detailed rules for the application of Regula­ tion situation in comparison with glucose manufac­ tion No 367/67/EEC fixing production refunds on tured by the traditional method ; maize groats and meal and broken rice used in the brewing industry, which stipulates that the Member Whereas this state of affairs results in a distortion State on whose territory the maize is processed shall pay the production refund, should be used in the of competition between glucose manufacturers present case ; whereas, if that Member State should according to which manufacturing process they be the United Kingdom or Ireland , the compensa­ use ; whereas this problem has become very acute tory amount applicable should be taken into since the accession of Denmark to the Community , account when that refund is paid ; since glucose manufacturers using the direct hydro­ lysis process benefited from measures designed to secure supplies of raw materials at world market prices ; whereas the changeover from that system to Whereas the Member State which effects payment the one laid down by the common organization of of the production refund should be certain that the the market in cereals, which implies the abolition of maize groats and meal are actually used in the such -measures, risks creating serious difficulties for glucose manufacturing industry employing the the industry ; whereas , therefore , it appears neces­ direct hydrolysis process -, whereas such certainty

(») OJ No L 73 , 27. 3 . 1972, p . 5 . (!) OJ No L 73 , 27 . 3 . 1972, p . 14 . (") Of No 117, 19 . 6 . 1967 , p . 2269 / 67 . ( 4 ) OJ No I. 106 , 7 . 5 . 1968 , p . 6 .

No L 100/30 Official Journal of the European Communities 14 . 4 . 73

can be achieved by the production of documents Article 3 testifying to the sale of the product to the glucose manufacturing plant ; whereas , where that Member 1 . The production refund on maize groats and State is not Denmark, a system of administrative meal for the manufacture of glucose by the direct cooperation offering the necessary guarantees hydrolysis process shall be paid by the Member should be set up ; States on whose territory the groats and meal are manufactured, and if that Member State has ascer­ W'hereas the measures provided for in this Regula­ tained by checks that the maize groats and meal tion are in accordance with the Opinion of the have actually been used for the manufacture of management Committee for Cereals ; glucose by the direct hydrolysis process .

2. In order to receive payment of the refund, the HAS ADOPTED THIS REGULATION : maize groats producer shall submit to the compe­ tent authority an application to which must be appended hlis invoice to the glucose manufacturing Article 1 plant, or a true copy, stating the quality, the quan­ tity, expressed in net weight, of maize groats and Until 31 January 1974 Member States shall grant a meal sold and indicating the exact business name of production refund on maize groats and meal for the the glucose manufacturing plant. manufacture of glucose subheading 17.02 B II of the Common Customs Tariff (*) in Denmark by the process known as 'direct hydrolysis .' 3 . Moreover, if the maize groats and meal are manufactured in a Member State other than This production refund shall be equal, per 100 kilo­ Denmark, proof of their use in the manufacture of grammes of maize groats and meal, to the differ­ glucose by the direct hydrolysis process may only be ence, per 100 kilogrammes, between the threshold given by production of the control copy referred to price for maize less, where appropriate, the appli­ in Article 1 of Regulation ( EEC) No 2315/69 : cable compensatory amount and 6-8 units of account multiplied by the coefficient 1-23 . (a ) Sections Nos 101 , 103 and 104 on the control copy shall be completed .

Article 2 ( b ) Section No 104 shall be completed by deleting the statements which do not apply and adding 1 . For the purposes of this Regulation , 'groats under the second indent one of the following and meal' means products obtained in the milling of statements : maize grain . They are sharpnedged, granular frag­ ments of grain kernel and at least 70 °/o are uniform — destiné à l'utilisation au Danemark en gluco­ in size . serie (procédé d'hydrolyse directe) confor­ mément aux dispositions du règlement ( CEE) Without prejudice to the provisions of paragraph 2 , n° 1009 / 73 : groats and meal shall contain no products other than those obtained in the normal milling process— — bestemt til anvendelse i Danmark i gluko­ for instance heat—modified starch, quellmehl or seindustrien ( direkte hydrolyse ) i henhold til similar products . bestemmelserne i forordning ( EØF) nr. 1009 / 73 ; 2 . Maize groats and meal : — bestimmt zur Verwendung in Dänemark in ( a ) must have a fat content calculated on the dry der Glukoseindustrie ( direkte Hydrolyse), matter not exceeding 1-3 °/o by weight and a gemäß den Bestimmungen der Verordnung raw cellulose content calculated on the dry­ ( EWG ) Nr . 1009 / 73 ; matter not exceeding 0-8 °/o by weight, — destinato alla fabbricazione , in Danimarca, ( b ) must not comprise more than 30 °/o matter del glucosio ( processo idrolitico diretto ) which passes through a 315-micron mesh sieve ; conformemente alle idisposizioni del regola­ and mento ( CEE ) n . 1009 / 73 ;

( c ) must comprise less than 5 °/o matter which — bestemd voor verwerking in Denemarken in passes through a 150-micron mesh sieve . de glucose-industrie ( rechtstreeks hydrolyse­ procédé ) overeenkomstig de beschikkingen van Verordening ( EEG ) nr. 1009 / 73 ; ( l ) Pursuant to Regulation No 189/66/ EEC , the products falling within subheading No 17.02 B I shall be — intended for use in Denmark in the glucose subject to the same treatment as products falling within subheading 17.02 B IF . industry ( direct hydrolysis process) in accor­

14. 4. 73 Official Journal of the European Communities No L 100/31

dance with the provisions of Regulation of maize groats and meal actually used in its terri­ ( EEC ) No 1009/73 ; tory in the manufacture of glucose by the direct hydrolysis process . (c ) The quantity of maize groats and meal actually used in the manufacture of glucose shall be 2 . The methods of control and analysis which entered in the section reserved for control of the are necessary for the implementation of this Regula­ use and/or destination of the product, under the tion shall be communicated without delay by that heading 'Remarks'. Member State to the Commission .

Article4¶

1 . The Member States concerned shall take all This Regulation shall enter into force on the day of necessary measures to ensure that the refunds its publication in the Official Journal of the Euro­ mentioned in Article 1 are limited to the quantities pean Communities .

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

Done at Brussels, 12 April 1973 . For the Commission

The President

Francois-Xavier ORTOLI