31973R1820

No L 184/22 Official Journal of the European Communities 6 . 7. 73

REGULATION ( EEC) No 1820/73 OF THE COMMISSION of 3 July 1973 on the export refunds on malt exported at the beginning of the 1973/74 marketing year

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the Opinion of the Manage­ ment Committee for Cereals : Having regard to the Treaty establishing the European Economic Community ; HAS ADOPTED THIS REGULATION :

Having regard to Council Regulation No 120/ TITLE I 67/EEC ( J) of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ Provisions applicable to exports of malt made lation (EEC) No .1346/73 (2), and in particular . Article from barley in stock at the end of the marketing 1 6 (6) thereof ; year

Whereas because of the need for germination, barley Article 1 of the new marketing year is not suitable for making malt until a period of 30 to 60 days has elapsed ; The export refund on malt exported after 31 July and whereas, accordingly, at the beginning of a marketing before 1 October 1973 made from barley in stock at year maltsters can use barley only from a previous the end of the 1972/73 marketing year and harvested marketing year ; whereas consequently, when fixing in the Community in 1972 or earlier, shall be fixed by the export refund on malt made from such barley reference to the threshold price applicable to barley in account should be taken, as provided for in July 1973 provided the stock of barley has been duly Article 6 (2) of Regulation (EEC) No 1052/68 (3), of declared by the malting in question . the threshold price prevailing in respect thereof at the end of the marketing year ; Article 2

Whereas for malt exported during the first two 1 . To be entitled to the refund fixed in manner months of the marketing year and for which the provided in Article 1 , the exporter must have supplied refund was fixed in advance before 1 August, Article the competent authority of the Member State which 16 (4) of Regulation No 120/67/EEC lays down the issues the export licence with documents certifiying : conditions under which the refund fixed in advance (a) that the barley was harvested in the Community must be adjusted ; during or before 1972, (b) that the barley came from a stock declared in Whereas it is necessary to verify that the malt accordance with paragraph 2, exported is made from barley which was harvested in (c) that the malt was exported during the period speci­ the Community in 1972 or earlier and remained in fied in Article 1 . stock at the end of the marketing year ; whereas it is necessary to verify, as regards the adjustment of the The attestations required under (a) and (b) shall be export refund, that the malt exported during the first certified by the competent authority to which the two months of the marketing year was in stock at the stocks were declared . end of the previous marketing year or was made from barley in stock at that time ; whereas to this end it is 2. The stock declaration referred to in Article 1 necessary that the quantities of barley and malt in shall be made to the competent authority of the stock at the end of the 1972/73 marketing year be Member State in whose territory the malting is situ­ ascertained ; whereas the competent authorities of ated . each Member State should ascertain those quantities, on terms that they must take all necessary steps to To this end, the persons concerned : ensure that the Community provisions relating to the (a) shall declare, by registered letter, telex or telegram, granting or adjustment of refunds on malt exported sent not later than 25 July 1973, that he intends during the period under consideration are complied to obtain a refund fixed in manner provided in with ; Article 1 ; (b) shall declare, by registered letter, telex or telegram, (!) OJ No 117, 19 . 6 . 1967, p. 2269/67. (2 ) OJ No L 141 , 28 . 5 . 1973, p . 8 . sent not later than 7 August 1973, the quantities 3 OJ No L 179, 25 . 7 . 1968 , p. 8 . of barley in stock on 31 July 1973, which were

6 . 7 . 73 Official Journal of the European Communities No L 184/23

harvested in the Community and form part of the tered letter, telex or telegram, sent not later 1972 or earlier harvest, and shall indicate at what than 7 August 1973, indicating the quantities place those stocks may be verified. of malt in stock on 31 July 1973 and at what place those stocks may be verified ; (b) that the malt was exported after 31 July and TITLE II before 1 October 1973 . Provisions applicable , solely in cases of advance The attestation required under (a) shall be certified fixing, to exports of malt in stock at the end of by the competent authority to which the stocks the previous marketing year or made from are declared . barley in stock

Article J TITLE III General provisions To be entitled to adjustment of the export refund provided for in Article 16 (4) of Regulation No 120/ Article 4 67/EEC the exporter must : — if the malt was made from barley in stock at the 1 . The competent authority of each Member State : end of the marketing year, supply the competent (a) shall effect the necessary verification of stocks and authority of the Member State which delivered the of movements thereof within its territory ; export licence with documents certifying : (b) shall adopt all necessary additional measures to (a) that the barley comes from stock declared to take account of the special conditions within its the competent authority of the Member State territory and in particular of the periods during in whose territory the stock was situated, by which stocks and movements thereof are to be the registered letter, telex or telegram, sent not subject of verification. later than 7 August 1973, indicating the quanti­ 2. The Member States shall communicate to the ties of barley in stock on 31 July 1973 and at Commission not later than 31 December 1973, a what place those stocks may be verified ; report in writing on the application of this Regulation, (b) that the malt was exported after 31 July and indicating in particular the quantities of barley and before 1 October 1973 . malt in stock at the end of the marketing year and the The attestation required under (a) shall be certified quantities of malt exported to which the provisions of by the competent authority to which the stocks this Regulation have been applied. are declared . 3 . The competent authority shall for each Member — if the malt was in stock at the end of the 1972/73 State be the intervention agency or such other body as the Member State shall designate. marketing year, supply the competent authority of the Member State which issued the export licence Article 5 with documents certifying : (a) that the malt comes from stock declared to the This Regulation shall enter into force on the third day competent authority of the Member State in following its publication in the Official Journal of whose territory the stock was situated, by regis­ the European Communities.

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

Done at Brussels, 3 July 1973 .

For the Commission

The President

Francois-Xavier ORTOLI