31975R2026

5 . 8 . 75 Official Journal of the European Communities No L 206/ 5

REGULATION ( EEC) No 2026/75 OF THE COMMISSION

of 4 August 1975

laying down detailed rules for the application of Regulation (EEC) No 1955/75 as ' regards production refunds on starches

THE COMMISSION OF THE EUROPEAN Whereas common wheat starch is usually manufac­ COMMUNITIES, tured from common wheat flour ; whereas the produc­ tion refund is calculated on the basis of the quantity of common wheat required to produce a given quan­ Having regard to the Treaty establishing the European tity of starch ; whereas it is therefore necessary to lay Economic Community ; down a conversion rate for the expression of common wheat flour in terms of common wheat : Having regard to Council Regulation No 120/ 67/EEC (1) of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ lation (EEC) No 665/75 (2) ; Whereas it is necessary to specify which Member State is responsible for paying the production refund ; whereas for reasons of administrative facility this Having regard to Council Regulation No 359/ should be the Member State in which the basic 67/EEC (3) of 25 July 1967 on .the common organiza­ product is processed or into " which it is imported ; tion of the market in rice, as last amended by Regula­ tion (EEC) No 668 /75 (4) ;

Having regard to Council Regulation (EEC) No Whereas, as regards the new Member States, any acces­ 1 955/75 (5) of 22 July 1975 on production refunds in sion compensatory amount applicable should be taken the cereals and rice sectors, and in particular Article 8 into account when paying the production refund ; thereof ;

Whereas Article 11(1 ) (c) of Regulation No 120/ Whereas sufficient proof that the groats and meal for 67/ EEC provides that a production refund is to be broken rice have been used by the industry concerned granted on maize groats and meal for use by the can be furnished by documents certifying that the glucose industry where the direct hydrolysis process is product has been sold to the industry in question and used ; whereas the characteristics of such products by the control as to use ; whereas provision should be and, in particular, the quality and purity requirements made for a system of administrative cooperation which they must satisfy should be specified in greater affording adequate safeguards to handle cases where detail in order to prevent production refunds from the product in question is used in a Member State being granted in error in respect of products which other than the State required to pay the production look like maize groats or meal but which are in fact refund ; composed of a mixture of such products and other products, thus ensuring that the granting of refunds is based on the same criteria throughout the Commu­ nity ; Whereas, in order to ensure that processing is carried out or that the basic product placed under supervision is used for the purpose intended, provision should be Whereas it should be specified that the production made for the person entitled to the refund to lodge a refund is to be paid to producers of starch, of groats security ; whereas such security will be released only and meal or of broken rice and to importers of broken when the trader concerned has fulfilled the obliga­ rice to be used by the starch industry ; whereas it is tions specified in this Regulation ; desirable that the person entitled to the production refund should be able to make use of it at the earliest possible date ; whereas this can be achieved if the basic product is placed under official supervision and Whereas it is desirable for the sake of clarity to the competent agency pays the production refund produce the provisions relating to production refunds within 30 days of the day on which the application for in a new Regulation ; placing under official supervision is accepted ;

(') OJ No 117, 19 . 6. 1967, p . 2269/67. (2) OJ No L 72, 20 . 3 . 1975, p . 14. Whereas the measures provided for in this Regulation (3) OJ No 174, 31 . 7 . 1967, p . 1 . (4) OJ No L 72, 20 . 3 . 1975, p. 18 . are in accordance with the Opinion of the Manage­ («) OJ No L 200, 31 . 7. 1975, p. 1 . ment Committee for Cereals,

No L 206/6 5 . 8 . 75 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : placed under supervision is accepted shall be paid by the Member State on whose territory the common Article 1 wheat or maize starch, the maize groats and meal or broken rice is produced or into whose territory the 1 . For the purpose of this Regulation, 'groats and broken rice is imported. It shall be paid within 30 meal' means products obtained in the milling of days of that on which the application for the basic maize grain . They are sharp-edged, granular fragments product to be placed under supervision was accepted. of the grain kernel and at least 70 % are uniform in size . 2. Where the production refunds fixed in Articles of Regulation (EEC) No 1955/75 are altered between Groats and meal may contain no products other than the day on which the application for the basic product those obtained in the normal milling process, such as to be placed under official supervision is accepted and starch , whether or not heat-modified, and similar the day of processing, the production refund shall be products. adjusted for 1 metric ton of the basic product in

proportion to this alteration . 2. Maize groats and meal :

(a) must have a fat content calculated on the dry The amount of such adjustment shall, within 30 days matter not exceeding 1 -3 % by weight and a raw following the day of processing, be : cellulose content calculated on the dry matter ; not (a) repaid by the person entitled to the production exceeding 0-8 % by weight ; refund to the competent agency, where the adjust­ (b) must not comprise more than 30 % matter which ment necessitates a reduction in the production passes through a 315-micron mesh sieve ; and refund ; or (c) must comprise less than 5 % matter which passes (b) shall be paid by the competent agency to the through a 150-micron mesh sieve. person entitled to the refund, where the adjust­ ment necessitates an increase in the production 3 . Broken rice imported unprocessed and processed refund . in the Community shall be treated in the same way as broken rice produced in the Community.

Article 4 4. When common wheat to be used for the produc­ tion of flour and then of starch is placed under official If the maize groats and meal or the broken rice is for supervision , a conversion rate of 1-40 metric tons of common wheat to 1-00 metric ton of flour shall be use in a Member State other than in the State required to pay the refund : applied.

(a) account shall be taken of any accession compensa­ 5 . When common wheat flour to be used for the tory amount applied ; production of starch is placed under official supervi­ sion , a conversion rate of 1 -40 metric tons of common (b) proof of the use of maize groats and meal in the wheat to 1-00 metric ton of flour shall be applied. glucose industry and of broken rice in the starch industry may be furnished only by production of Article 2 the control copy provided for in Article 1 of the Regulation (EEC) No 2315/69 . On that copy : The production refund provided for in Article 1 of (aa) sections 101 , 103 and 104 shall be Regulation (EEC) No 1955/75 shall be paid : completed ; (a) to producers of starch from common wheat or (bb) section 104 shall be completed by deleting as maize ; appropriate and entering against the second (b) to producers of maize groats and meal for the indent the relevant form of the following manufacture of glucose by direct hydrolysis ; and endorsements : (c) to producers or importers of broken rice for use by — intended for use in the 'glucose industry the starch industry ; by direct hydrolysis process', or 'starch provided such producers or importers, hereinafter industry' in accordance with Regulation called persons entitled to the refund, furnish proof (EEC) No 2026/75 ; that the basic product in question has been placed — bestimmt zur Verwendung in der 'Gluko­ under supervision by the competent agencies of the seindustrie nach direktem Hydrolysever­ Member States and state that they are prepared to fahren' oder 'Stärkefabrik' gemäß den supply on request all information necessary for such Bestimmungen der Verordnung (EWG) supervision . Nr. 2026/75 ;

Article 3 — bestemt til anvendelse i 'glukoseindustri efter direkte hydrolyse' eller 'stivelsesin­ 1 . The production refund valid on the day on dustri ' i henhold til bestemmelserne i which the application for the basic product to be forordning (EØF) rir. 2026/75 ;

5 . 8 . 75 No L 206/7 Official Journal of the European Communities

— destiné à 1 utilisation en 'glucoserie must be appended a copy of his invoice of sale to a suivant le procédé d'hydrolyse directe' ou starch manufacturing undertaking, or to a glucose en 'amidonneri', conformément aux dispo­ manufacturing undertaking using direct hydrolysis, sitions du règlement (CEE) n0 2026/75 ; stating the quantity, expressed in net weight, of the maize groats and meal or broken rice sold and the — destinato alla glucosie secondo processo idrolitico diretto' o 'industria dell'am­ exact business name of the undertaking concerned.

mido', conformemento allo disposizioni In addition, the Member State on whose territory the del regolamento (CEE) n . 2026/75 ; groats and meal of maize or broken rice are used shall — bestemd voor verwerking in de glucose­ ensure, by means of appropriate checks, that the industrie volgens hydrolyseprocédé' of product concerned has been used in glucose manufac­ 'zetmeelfabriek', overeenkomstig de bepa­ ture or in the manufacture of rice starch . lingen van Verordening (EEG) nr. 2026/75 ; The competent agency of the Member State in ques­ tion shall, taking economic and industrial exigencies (c) the quantity of maize groats and meal actually into account, stipulate within what period the product used by the glucose industry or the quantity of in question must be used hy the glucose or rice starch broken rice actually used by the starch industry industry. shall be entered in the section ' Control as to use and/or destination' under the heading 'Remarks'. The security or part thereof not released in accordance with this Article shall be forfeit and applied by way of reimbursement of the refund paid. Article 5 4. However, where, as a result of force majeure, the basic product has not been processed or used within 1 . The granting of the refund referred to in Article the prescribed period, the competent agency of the 2 shall be conditional on the lodging by the person Member State shall, at the request of the person entitled to the refund of a security guaranteeing the entitled to the refund, decide in the light of the processing and/or use of the basic product. circumstances evoked whether the security should be released or the period set for processing extended. The security may take form of a guarantee given by a credit institution - or any other agency meeting the If the competent agency finds that force majeure criteria fixed by such Member State. exists, its Member State shall forthwith notify the Commission , which shall inform the other Member 2. The amount of the security shall be equal to States . 105% of the production refund requested.

Article6¶

(a) the person entitled to the refund has furnished Details of the methods of inspection and analysis proof to the competent agency that a least 96 % necessary for the application of this Regulation shall of the quantity of the basic product placed under be communicated by every Member State to the supervision has been processed not later than 90 Commission within three months following the entry days following acceptance of the application for into force of this Regulation . Any alterations made to the product to be placed under official supervision . those methods shall be communicated to the Commis­ sion forthwith . However, when a quantity equal to less than 96 % of the amount of the basic product has been processed, the security shall be released in respect Article 7 of an amount equal to that of the production refund payable on the quantity of the basic Regulation (EEC) No 2012/74 is hereby repealed. product which has been processed.

(b) where applicable, the amount referred to in subpa­ ragraph (a) of the Article 3 (2) has been repaid. Article 8

Moreover, in respect of maize processed into groats This Regulation shall enter into force on : and meal to be used for the manufacture of glucose by — the day of its publication in the Official Journal direct hydrolysis and in respect of broken rice for the of the European Communities for products manufacture of starch, the security shall not be coming under Regulation No 120/67/EEC, released, except in the case referred to in Article 4 until the person entitled to the refund has submitted — 1 September 1975 for those products coming to the competent authority an application to which under Regulation No 359/67/EEC.

No L 206/ 8 5 . 8 . 75 Official Journal of the European Communities

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

Done at Brussels, 4 August 1975.

For the Commission

P. J. LARDINOIS

Member of the Commission