31974R2012

No L 209 /44 Official Journal of the European Communities 31 . 7 . 74

REGULATION ( EEC) No 2012/ 74 OF THE COMMISSION of 30 July 1974 laying down detailed rules for the application of Regulation ( EEC) No 1132/74 as regards production refunds on starches

THE COMMISSION OF THE EUROPEAN supervision and the competent agency pays the COMMUNITIES, production refund within 30 days of the day on which the application for placing under official supervision Having regard to the Treaty establishing the European is accepted ; whereas it should also be provided that Economic Community ; this refund will , where necessary, be adjusted by refer­ ence to the threshold price for the basic product Having regard to Council Regulation No 120/ 67/ EEC (') of 13 June 1967 on the common organiza­ concerned for the month during which processing tion of the market in cereals, as last amended by Regu­ takes place ; lation ( EEC) No 1 1 25 / 74 ( 2 ) ; Whereas common wheat starch is usually manufac­ Having regard to Council Regulation No 3 59/ tured from common wheat flour ; whereas the produc­ 67/ EEC (3) of 25 July 1967 on the common organiza­ tion of the market in rice, as last amended by Regula­ tion refund is calculated on the basis of the quantity tion ( EEC) No 1 1 29 / 74 (4 ) ; of common wheat required to produce a given quan­ tity of starch ; whereas it is therefore necessary to lay Having regard to Council Regulation ( EEC) No down a conversion rate for the expression of common 1 1 32/74 (5) of 29 April 1974 on production refunds in wheat flour in terms of common wheat ; the cereals and rice sectors , and in particular Article 9 thereof ; Whereas it is necessary to specify which Member State Having regard to the Treaty concerning the accession is responsible for paying the production refund ; of new Member States to the European Economic whereas for reasons of administrative facility this Community and to the European Atomic Energy should be the Member State in which the basic Community, and in particular Article 63 ( 1 ) of the product is processed or into which it is imported ; Act ( 6) annexed thereto ;

Whereas Article 11 ( 1 ) (c) and (d) of Regulation No Whereas, as regards the new Member States, any acces­ 120 / 67 / EEC provides that a production refund is to sion compensatory amount applicable should be taken be granted on maize groats and meal for use by the into account when paying the production refund ; brewing industry in the manufacture of beer or by the glucose industry where the direct hydrolysis process is used ; whereas the characteristics of such products Whereas sufficient proof that the groats and meal or and , in particular, the quality and purity requirements broken rice have been used the starch industry which they must satisfy should be specified in greater concerned can be furnished by documents certifying detail in order to prevent production refunds from that the product has been sold to the industry in ques­ being granted in error in respect of products which tion and by the control as to use ; whereas provision look like maize groats or meal but which are in fact should be made for a system of administrative coopera­ composed of a mixture of such products and other tion affording adequate safeguard to handle cases products , thus ensuring that the granting of refunds is where the product in question is used in a Member based on the same criteria throughout the Commu­ State other than the State required to pay the produc­ nity ; tion refund ;

Whereas it should be specified that the production refund is to be paid to producers of starch from groats Whereas , in order to ensure that processing is carried and meal or broken rice and to importers of broken out or that the basic product placed under supervision rice to be used by the starch or brewing industry ; is used for the purpose intended , provision should be whereas it is desirable that the person entitled to the made for the person entitled to the refund to lodge a production refund should be able to make use of it at security ; whereas such security will be released only the earliest possible date ; whereas this can be when the trader concerned has fulfilled the obliga­ achieved if the basic product is placed under official tions specified in this Regulation ;

(') OJ No 117 , 19 . 6 . 1967 , p . 2269 / 67 . (2 ) OJ No L 128 , 10 . 5 . 1974, p. 12 . Whereas the Commission must be informed of the (3 ) OJ No 174 , 31 . 7 . 1967 , p . 1 . methods of inspection and analysis applied by the (4 ) OJ No L 128 , 10 . 5 . 1974 , p. 20 . (5 ) O J No L 128 , 10 . 5 . 1974, p. 24 . Member States for purposes of applying this Regula­ (o) OJ No L 73 , 27 . 3 . 1972, p. 14 . tion ;

31 . 7. 74 Official Journal of the European Communities No L 209/45

Whereas the following Commission Regulations have Whereas certain Member States might encounter ad­ undergone numerous amendments : ministrative or technical difficulties if the time limit set for the application of the arrangements provided for in this Regulation were too short ; whereas provi­ — (EEC) No 559/68 ( x ) of 6 May 1968 laying down detailed rules for the application of Regulation No sion should therefore be made for a transitional period 367/67/ EEC fixing production refunds on maize in which provisions operative before the entry into groats and meal and broken rice used in the force of this Regulation may still be applied ; brewing industry ; as last amended by Regulation ( EEC) No 754/73 (2 ) ; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ — (EEC) No 1060/68 (3) of 24 July 1968 laying down ment Committee for Cereals , detailed rules for the application of Regulations No 367/ 67/ EEC and No 371 /67/ EEC regarding production refunds on maize processed into groats and meal and on maize and common wheat processed into starch and quellmehl , as last HAS ADOPTED THIS REGULATION : amended by Regulation ( EEC) No 488 / 73 (4 ) ;

— ( EEC) No 2085/ 68 (5 ) of 20 December 1968 on certain detailed rules for granting the production Article 1 refund on broken rice , as last amended by the Act of Accession (6) ; 1 . For the purpose of this Regulation , 'groats and — ( EEC) No 101 1 / 70 ( 7) of 29 May 1970 on certain meal ' means products obtained in the milling of quality requirements for maize groats and meal maize grain . They are sharp-edged, granular fragments used by the Community brewing industry ; and of the grain kernel and at least 70 % are uniform in size . — ( EEC) No 1 796/70 ( 8) of 2 September 1970 fixing the standard qualities of raw materials qualifying for the production refund on manufacture of Without prejudice to the provisions of paragraph 3, maize groats and meal intended for the brewing groats and meal may contain no products other than industry ; those obtained in the normal milling process, such as starch , whether or not heat-modified , and similar products . Wheteas it is desirable for the sake of clarity to combine the provisions of all these Regulations in a 2 . Maize groats and meal : single Regulation ; (a) must have a fat content calculated on the dry matter not exceeding 1-3 % by weight and a raw Whereas Commission Regulations ( EEC) No cellulose content calculated on the dry matter ; not 1 009/73 (9) of 12 April 1973 adopting in respect of exceeding 0-8 % by weight ; Denmark special measures for maize groats and meal used in the manufacture of glucose and ( EEC) No (b) must not comprise more than 30 % matter which 2755/ 73 ( l0 ) of 10 October 1973 on the calculation of passes through a 315-micron mesh sieve ; and the production refund on maize groats and meal used (c) must comprise less than 5 % matter which passes in the manufacture of glucose in Denmark laid down , through a 150-micron mesh sieve . in pursuance of Article 63 ( 1 ) of the Act of Accession , transitional provisions in respect of Denmark for the manufacture of glucose by direct hydrolysis ; whereas 3 . The production refund provided for in Article 4 Regulation ( EEC) No 1132/74 established the same of Regulation ( EEC) No 1132/ 74 shall be calculated provisions for the whole of the Community ; whereas on the assumption that a maximum of 180 kg of those provisions should therefore be incorporated in maize are used by the maize industry in manufac­ this Regulation , and Regulations ( EEC) No 1009 /73 turing 100 kg of maize groats and meal for use by the and ( EEC) No 2755 / 73 should be repealed ; brewing industry in the manufacture of beer.

(') OJ No L 106, 7 . 5 . 1968 , p. 6 . (2 ) OJ No L 72, 20 . 3 . 1 973 , p. 11 . (3 ) OJ No L 179 , 25 . 7 . 1968 , p. 38 . Article 2 4 ) OJ No L 48 , 21 . 2 . 1973 , p. 12 . (5) OJ No L 307, 21 . 12 . 1968 , p . 11 . (6) OJ No L 73 , 27 . 3 . 1972, p. 14 . 1 . The production refund provided for in Article 1 1 ( 7) OJ No L 117, 30 . 5 . 1970 , p. 54. ( 1 ) (a ), (c) and (d) of Regulation No 120 / 67 / EEC and (8) OJ No L 196, 3 . 9 . 1970 , p. 10 . (9) OJ No L 100, 14 . 4 . 1973 , p. 29 . in Article 9 of Regulation No 359 / 67 / EEC shall be I0) OJ No L 284, 11 . 10 . 1973 , p. 15 . paid :

No L 209 /46 Official Journal of the European Communities 31 . 7 . 74

(a) to producers of starch from common wheat or For the new Member States , the amount to be taken maize ; into consideration shall be the threshold price of the (b) to producers of maize groats and meal for use by basic product less the relevant accession compensatory the brewing industry in the manufacture of beer or amount. Moreover, for the purposes of the adjustment referred to in the preceding paragraph, the accession for the manufacture of glucose by direct hydro­ lysis ; compensatory amount to be deducted from the threshold price valid for the month during which (c) to producers or importers of broken rice for use by processing takes place shall be that valid on the day the starch industry, or by the brewing industry for on which the application for official supervision is the manufacture of beer, accepted . — provided such producers or importers, hereinafter called ' persons entitled to the refund', furnish proof Article 3 that the basic product in question has been placed under supervision by the competent agencies of the If the maize groats and meal or the broken rice is for Member States and state that they are prepared to use in a Member State : supply on request all information necessary for such supervision . (a) account shall be taken of any accession compensa­ tory amount applied ; Broken rice imported unprocessed and processed in (b) proof of the use of maize groats and meal in the the Community shall be treated in the same way as brewing or glucose industry and of broken rice in broken rice produced in the Community. When the starch or brewing industry may be furnished common wheat to be used for the production of flour only by production of the control copy provided and then of starch is placed under official supervision , for in Article 1 of the Regulation ( EEC) No a conversion rate of 140 kg of common wheat to 100 2315/69 . On that copy : kg of flour shall be applied . (aa) Sections 101 , 103 and 104 shall be When common wheat flour to be used for the produc­ completed ; tion of starch is placed under official supervision, a (bb) Section 104 shall be completed by deleting as conversion rate of 140 kg of common wheat to 100 kg appropriate and entering against the second of flour shall be applied . indent the relevant form of the following endorsements : 2. The production refund shall be paid by the Member State on whose territory the common wheat — intended for use in the 'brewing industry', 'glucose industry by direct hydrolysis or maize starch , the maize groats and meal or the process,' or 'starch industry' in accordance broken rice is produced or into whose territory the broken rice is imported . with the Regulation ( EEC) No ; — bestimmt zur Verwendung in der ' Braue­ 3 . It shall be calculated by reference to the reiindustrie ', ' Glukoseindustrie nach threshold price applicable on the day on which the direktem Hydrolyseverfahren' oder 'Stärke­ application for the basic product to be placed under fabrik' gemäß den Bestimmungen der offical supervision was accepted and shall be paid Verordnung ( EWG) Nr ; within 30 days following acceptance of such applica­ tion . — bestelt til anvendelse i 'bryggerier', 'Gluko­ seindustrien efter direkte hydrolyse ' eller 'stivelsesindustrie ' i henhold til bestem­ It shall , where necessary, be adjusted a posteriori by reference to the threshold price valid for one month melserne i serne i forordning ( E0F) nr ; during which processing takes place . The amount of such adjustment shall be : — destine a l'utilisation en ' brasserie ', en 'glucoserie suivant le procédé d'hydrolyse (a) paid by the competent agency to the person directe ' ou en 'amidonneri ', conform­ entitled to the refund if the threshold price for the ement aux dispositions du règlement product concerned valid for the month during ( CEE) no ; which processing takes place is higher than that valid on the day on which the application for offi­ — destinato alia ' fabbricazione della birra', cial supervision was accepted ; or 'glucosie secondo processo idrolitico diretto ' o ' industria dell'ammido', confor­ (b) repaid by the person entitled to the refund to the memento allo disposizioni del regola­ competent agency if the threshold price for the mento (CEE) n ; product concerned valid for the month during which processing takes place is lower than that — bestemd voor verwerking in de 'brouwerij', valid on the day on which the application for offi­ 'glucose-industrie volgens hydrolyse­ cial supervision was accepted not more than 30 procédé' of 'zetmeelfabriek', overeenkom­ days after the month during which processing stig de bepalingen van Verordening ( EEG) takes place . nr ;

31 . 7 . 74 Official Journal of the European Communities No L 209 /47

(c) the quantity of maize groats and meal actually 4 . Furthermore , where Article 2 ( 3 ) (b) applies , the used by the brewing or glucose industry or the security shall be released only after repayment of the quantity of broken rice actually used by the starch amount of the adjustment referred to therein by the or brewing industry shall be entered in the Section person entitled to the refund . ' Control as to use and / or destination ' under the heading ' Remarks '. 5 . However, where , as a result of force majeure, the basic product has not been processed or used within the prescribed period , the competent agency of the Member State shall , at the request of the person Article 4 entitled to the refund , decide in the light of the circumstances evoked whether the security should be 1 . The granting of the refund referred to in Article released or the period set for processing extended . 1 shall be conditional on the lodging by the person entitled to the refund of a security guaranteeing the If the competent agency finds that force majeure processing and /or use of the basic product . exists , its Member State shall forthwith notify the Commission , which shall inform the other Member States . The security may take form of a guarantee given by a credit institution or any other agency meeting the criteria fixed by such Member State . Article 5 2. The amount of the security shall be equal to 5 % of the production refund requested . Details of the methods of inspection and analysis necessary for the application of this Regulation shall be communicated by every Member State to the 3 . The security shall not be released until the Commission within three months following the entry person entitled to the refund has furnished proof to into force of this Regulation . Any alterations made to the agency of the Member State responsible for those methods shall be communicated to the Commis­ payment that at least 96 % of the quantity of the sion forthwith . basic product placed under supervision has been processed not later than 90 days following acceptance of the application for the product to be placed under Article 6 official supervision .

Subject to the provisions of Article 7 ( 2 ), Regulations Moreover, in respect of maize processed into groats and meal to be used either for the manufacture of ( EEC) No 559 / 68 , No ( EEC) 1060 / 68 , ( EEC ) No 2085 / 68 , ( EEC) No 1011 / 70 , ( EEC ) No 1796 / 70 , beer or for the manufacture of glucose by direct hydro­ ( EEC) No 1009 / 73 and ( EEC) No 2755 / 73 are hereby lysis and in respect of broken rice for the manufacture repealed . of starch or of beer, the security shall not be released , except in the case referred to in Article 3 , until the person entitled to the refund has submitted to the competent authority an application to which must be Article 7 appended a copy of his invoice of sale to a starch manufacturing undertaking, to a brewery, or to a 1 . This Regulation shall enter into force on : glucose manufacturing undertaking using direct hydro­ lysis , stating the quantity, expressed in net weight , of — 1 August 1974 for products coming under Regula­ the maize groats and meal or broken rice sold and the tion No 120 / 67 / EEC ; exact business name of the undertaking concerned . — 1 September 1974 for products coming under Regulation No 359 / 67 / EEC . In addition , the Member State on whose territory the groats and meal of maize or broken rice are used shall 2 . However, without prejudice to the amount of the ensure , by means of appropriate checks , that the production refund , Member States may during a transi­ product concerned has been used in brewing, in tional period lasting until 31 December 1974, glucose manufacture or in the manufacture of rice continue to apply the provisions of the Regulations starch . referred to in Article 6 . Furthermore , where a Member State avails itself of such option , the provisions of the The competent agency of the Member State in ques­ said Regulations , other than Regulation ( EEC ) No tion shall , taking economic and industrial exigencies 1796 / 70 , which apply to maize groats and meal for into account , stipulate within that period the product the manufacture of beer shall apply to maize groats in question must be used by the brewing, glucose or and meal for the manufacture of glucose by the direct rice starch industry . hydrolysis process .

No L 209/48 Official Journal of the European Communities 31 . 7. 74

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

Done at Brussels, 30 July 1974. For the Commission The President

Francois-Xavier ORTOLI