31974R1934

No L 203 /20 Official Journal of the European Communities 25 . 7 . 74

REGULATION (EEC) No 1934/74 OF THE COMMISSION of 24 July 1974 on the export refunds on malt exported at the beginning of the 1974/75 marketing year

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES, Having regard to the Treaty establishing the European TITLE I Economic Community ; Provisions applicable to exports of malt made Having regard to Council Regulation No 120/ from barley in stock at the end of the marketing 67/ EEC (') of 13 June 1967 on the common organiza­ year tion of the market in cereals, as last amended by Regu­ lation (EEC) No 1 346/73 (2), and in particular Article 1 6 (6) thereof ; Article 1 Whereas because of the need for germination , barley of the new marketing year is not suitable for making The export refund on malt exported after 31 July and malt until a period of 30 to 60 days has elapsed ; before 1 October 1974 made from barley in stock at whereas, accordingly, at the beginning of a marketing the end of the 1973/74 marketing year and harvested year malsters can use barley only from a previous in the Community in 1973 or earlier, shall be fixed by marketing year ; whereas consequently, when fixing reference to the threshold price applicable to barley in the export refund on malt made from such barley July 1974 provided the stock of barley has been ' duly account should be taken as provided for in Article 6 declared by the malting in question . (2) of Regulation ( EEC) No 1052/68 (3), of 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 conditions under which the refund fixed in advance issues the export licence with documents certifying : must be adjusted ; (a) that the barley was harvested in the Community Whereas it is necessary to verify that the malt during or before 1973, exported is made from barley which was harvested in (b) that the barley came from a stock declared in the Community in 1973 or earlier and remained in accordance with paragraph 2, stock at the end of the marketing year ; whereas it is necessary to verify , as regards the adjustment of the (c) that the malt was exported during the period speci­ fied in Article 1 . export refund , that the malt exported during the first two months of the marketing year was in stock at the end of the previous marketing year or was made from The attestations required under (a ) and (b) shall be barley in stock at that time ; whereas to this end it is certified by the competent authority to which the necessary that the quantities of barley and malt in stocks were declared . stock at the end of the 1973 /74 marketing year be ascertained ; whereas the competent authorities of 2 . The stock declaration referred to in Article 1 each Member State should ascertain those quantities, shall be made to the competent authority of the on terms that they must take all necessary steps to Member State in whose territory the malting is situ­ ensure that the Community provisions relating to the ated . granting or adjustment of refunds on malt exported during the period under consideration are complied To this end , the persons concerned : with ; (a ) shall declare, by registered letter, telex or telegram , Whereas the measures provided for in this Regulation sent not later than 25 July 1974 that he intends to are in accordance with the Opinion of the Manage­ obtain a refund fixed in manner provided in ment Committee for Cereals, Article I ; ( b ) shall declare , by registered letter, telex or telegram , (') OJ No 117, 19 . 6. 1967, p. 2269/ 67 . ( : ) OJ No L 141 , 28 . 5 . 1973 , p. 8 . sent not later than 7 August 1974 , the quantities (3) O'l No L 179, 25 . 7 . 1 96S , p. S. <>t barley in stock on 31 julv 1974 , which were

25 . 7 . 74 Official Journal of the European Communities No L 203 / 21

harvested in the Community and form part of the tered letter, telex or telegram, sent not later 1973 or earlier harvest, and shall indicate at what than 7 August 1974 indicating the quantities place those stocks may be verified . of malt in stock on 31 July 1974 and at what place those stocks may be verified ; * TITLE II (b) that the malt was exported after 31 July and before 1 October 1974 . Provisions applicable , solely in cases of advance fixing , to exports of malt in stock at the end of The attestation required under (a) shall be certified the previous marketing year or made from by the competent authority to which the stocks barley in stock are declared .

Article 2 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 which stocks and movements thereof are to be the in whose territory the stock was situated, by registered letter, telex or telegram , sent not subject of verification . later than 7 August 1974 indicating the quanti­ 2 . The Member States shall communicate to the ties of barley in stock on 31 July 1974 and at Commission not later than 31 December 1974, 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 1974 . 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 1973/ 74 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, 24 July 1974 . For the Commission The President

Francois-Xavier ORTOLI