31976R0677

27 . 3 . 76 Official Journal of the European Communities No L 81 /23

COMMISSION REGULATION (EEC) No 677 /76 of 26 March 1976 laying down detailed rules for the application of the system for compulsory purchase of skimmed-milk powder provided for in Council Regulation (EEC) No 563 / 76

THE COMMISSION OF THE EUROPEAN Whereas the rates of the security should be fixed at COMMUNITIES, levels which permit the proper functioning of the system set up by Regulation (EEC) No 563/76 ; Having regard to the Treaty establishing the European whereas, in order to ease the work of the adminis­ Economic Community, trating agencies, the security should not be demanded where its amount only corresponds to a minimal quan­ Having regard to Council Regulation (EEC) No tity of powdered milk ; 563/76 of 15 March 1976 on the compulsory purchase of skimmed-milk powder held by intervention agen­ Whereas in some cases the products subject to the cies for use in feedingstuffs (1), and in particular system of compulsory purchase of skimmed-milk Article 9 ( 1 ) thereof, powder are intended for purposes other than animal feed ; whereas in such cases the security should be Whereas pursuant to Article 3 thereof every putting into free circulation within the Community of the released on presentation of proof that the product has been used for one of these other purposes ; whereas, products referred to in Article 3 ( 1 ) shall be subject to the presentation of a protein certificate, the issue of in order to maintain traditional export outlets, the which shall be subject to the provision of a security or security should also be released when the product is the presentation of the document referred to in exported outside the Community ; Article 6 thereof ; Whereas certain products are by their nature intended Whereas the period of validity of the protein certifi­ exclusively for uses other than animal feed and in cates should be determined on the basis of commer­ such cases the security should be fixed at zero ; cial practices ;

Whereas, to ensure that the system of certificates func­ Whereas certain operations involve small quantities tions properly, they should only be valid in the and, for administrative simplicity, should be exempted Member State of issue ; from the requirement to submit protein certificates ;

Whereas, in the interests of administrative simplicity, Whereas the provisions of Regulation (EEC) No the import forms, the certificates and their extracts set 563/76 should not adversely affect those who applied out in Annex I to Commission Regulation (EEC) No before 19 March 1976 for an import licence with 193/75 of 17 January 1975 laying down common advance fixing of the levy ; whereas, therefore, they detailed rules for the application of the system of should be permitted to obtain the cancellation of this import and export licences and advance fixing certifi­ advance fixing and the certificate attesting it ; cates for agricultural products (2), as last amended by Regulation (EEC) No 499/76 (3), should be used in the case of applications for protein certificates ; whereas, Whereas the measures provided for in this Regulation therefore, certain provisions of that Regulation should are in accordance with the opinions of all the relevant be applied in the case of protein certificates ; management committees,

Whereas, furthermore, there should be special provi­ sions to take into account the characteristics of the system of protein certificates ; HAS ADOPTED THIS REGULATION : Whereas, to ensure that the system of giving a security works correctly in the case of the products referred to in Article 2 of Regulation ( EEC) No 563 /76, the time limit for the provision of this security and for the Article 1 submission of the document referred to in Article 6 thereof should be laid down for the different 1 . The 'protein certificate' provided for in Article products ; 3(1 ) of Regulation (EEC) No 563/76 shall authorize the putting into free circulation, under the certificate, (') OJ No L 67, 15 . 3 . 1976, p. 18 . (2) OJ No L 25, 31 . 1 . 1975, p. 10 . of the net quantity of the product stated in the certifi­ (3) OJ No L 59 , 6 . 3 . 1976, p. 18 . cate, during the period of validity thereof.

No L 81 /24 27 . 3 . 76 Official Journal of the European Communities

2. The 'protein certificate shall be valid for three 3 . Applications for 'protein certificates shall be months from its date of issue . drawn up for a complete subheading of the Common Customs Tariff. 3. The 'protein certificate' shall not be transferable. It shall only be valid in the Member State of issue. However, where several rates of security are fixed for For the purposes of this paragraph, the BLEU shall be products falling within the same subheading of the regarded as a single Member State. Common Customs Tariff, applications for certificates and certificates shall bear in Section 7 the description Article 2 of the products in respect of which the same rate of Applications for 'protein certificates', 'protein certifi­ security is fixed and the word 'ex' shall be inserted cates' and extracts therefrom shall be drawn up on before the number of the Common Customs Tariff forms conforming to the corresponding specimens indicated in Section 8 . relating to imports set out in Annex I to Regulation (EEC) No 193/75. In the case referred to in the previous subparagraph, if the application is not completed in accordance with Article 3 the dispositions laid down in that subparagraph, it 1 . Articles : shall be refused . - 4 1 ), 4. Sections 13, 14 and 15 shall not be used for — 5 ( 1 ) third subparagraph, 5 (4) first subparagraph, applications for 'protein certificates'. — », - 9 ( 1 ), 5 . Sections 3b, 4b, 13 , 14, 15, 17, 18 , 19, 23 and 24 — 10 ( 1 ) second paragraph, 10 (2), (3), shall not be used for 'protein certificates'. In Section — 11 , 22, the figure '0' shall be inserted. — 12, - 13 (2), (3), (4), (5), (6) and — 15 Article 5 of Regulation (EEC) No 193/75 shall apply to protein certificates', applications therefor and extracts there­ 1 . 'Protein certificates' shall be drawn up at least in from . duplicate. The first copy, called 'Titular Holder's 2. No 'protein certificate' shall be required in Copy' and marked ' No 1 ', shall be issued without respect of the putting into free circulation of delay to the applicant and the second, called 'Issuing products : Agency's Copy' and marked 'No 2' shall be retained by the issuing agency. — in immediate packagings with a net content not exceeding 5 kg, or 2. Copy No 1 of the 'protein certificate' shall be — in such quantities as require the issue of a certifi­ submitted to the office where the customs import cate without any security under the first inset of formalities for putting into free circulation are Article 9 (2). completed. Article 4 3 . After attribution of the quantity and endorse­ 1 . No application for a 'protein certificate' shall be ment by the office referred to in the preceding para­ accepted unless : graph, Copy No 1 of the 'protein certificate' shall be — a security has been given in favour of, or proof returned to the party concerned. that such security has been given is furnished to, the competent agency on the day the application is submitted, or Article 6 — the application is accompanied by the document referred to in Article 6 of Regulation (EEC) No 1 . On application by the titular holder of the 563/76 or by an extract therefrom certifying that a 'protein certificate' and submission of Copy No 1 of quantity of skimmed-milk powder corresponding the document, one or more extracts therefrom may be to the amount of the security which has not been issued by the competent agencies of the Member provided has been purchased and denatured. States . 2. Applications for 'protein certificates', 'protein certificates' and extracts therefrom shall bear in 2. Where an extract of the 'protein certificate' is issued, the issuing agency shall attribute the quantity Section 12 one of the following endorsements : for which the extract has been issued on Copy No 1 'protein certificate', of the certificate . 'valid in . . . (Member State of issue)'. This endorsement shall be either written or under­ The word 'extract' shall be entered beside the attri­ lined in red on the original of the certificate and of buted quantity shown on Copy No 1 of the 'protein the extract. certificate'.

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Article 7 total of the amounts of the security following the application of the rates referred to in paragraph 1 1 . The right to put products into free circulation exceeds 54 units of account in respect of any one under the 'protein certificate' shall be considered to party concerned, that party shall submit the document have been exercised on the day which the customs referred to in Article 6 thereof or provide a security formalities for putting into free circulation are equal to the sum of the abovementioned amounts. completed. 4. A security amounting to 54 units of account 2. For the purposes of this Regulation the day on shall correspond^ to an obligation to purchase 100 kg which the customs formalities for putting into free of skimmed-milk powder, not including the weight of circulation are completed means the day on which the the denaturing agent. customs authorities accept the document by which the declarant states his intention to put the products Article 10 in question into free circulation or, where the 1 . The security shall be released : products may be put into free circulation without such statement of intention, the day on which the (a) in respect of quantities for which the party products are put into free circulation . concerned renounces his right to put into free circulation ; in this event the 'protein certificate' or Article 8 extract therefrom shall be returned by the party concerned to the issuing agency ; or In the case of the products listed in Article 2 of Regu­ (b) on presentation of the document provided for in lation (EEC) No 563/76, the document referred to in Article 6 of Regulation (EEC) No 563/76 certi­ Article 6 thereof shall be submitted, or the security fying that a quantity of skimmed-milk powder shall be provided : corresponding to the amount of the security has been purchased and denatured ; (a) for colza, rape and sunflower seeds, at the latest at the time of lodging the application for the ID part (c) for linseed and soya beans, harvested in the of the Community aid certificate ; Community, intended for sowing and certified to be for that purpose ; (b) for linseed and soya beans, at the latest at the time (d) for groundnuts intended for human consumption, of lodging the application for aid ; on production of proof that they have reached (c) for the products listed in Article 1 (b) of Regula­ such a stage of processing or preparation that they tion (EEC) No 1067/74, at the latest at the time of can only be used for that purpose ; leaving the dehydration plant. (e) for soya used to produce soya flour intended for human consumption for the chemical or pharma­ Article 9 ceutical industry, on production of proof that it 1 . The rate of the security referred to in Articles 2 has reached such a stage of processing that it can and 3 of Regulation (EEC) No 563/76 for each only be used for that purpose ; product shall be that set out in the Annex. (f) on production of proof that products of the same kind as those referred to in Articles 2 and 3 of 2. Where the amount of the security following the Regulation (EEC) No 563/76 have left the geogra­ application of the rates referred to in paragraph 1 is : phical territory of the Community, with the excep­ — 6-75 units of account or less, no security shall be tion of products falling within subheadings 23.07 B and C of the Common Customs Tariff and the provided ; — 13-50 units of account or less but over 6-75 units products referred to in Article 2 (a) of Regulation (EEC) No 563/76 in respect of which a refund has of account, the amount shall be fixed at 13-50 units of account. been applied for.

2. The competent authorities of the Member States Where the amount of the security following the appli­ may authorize the import of the products referred to cation of the rates referred to in paragraph 1 is not a in Article 3 ( 1 ) of Regulation (EEC) No 563/76 with a multiple of 13-50 units of account, it shall be view to processing them under a system of customs adjusted : control if these products are intended to be exported (a) to the nearest higher multiple, if the gap between outside the customs territory of the Community the amount of the security and the nearest higher wholly or in part in the form of compensatory multiple is less than 6-75 units of account, or products . (b) to 13-50 units of account or to the nearest lower The processing of the products shall be carried out in multiple, if the gap between the said amount and accordance with the same rules as those laid down : the nearest higher multiple is 6-75 units of account or more . — in Articles 2 (3) and (4), 4 to 6, 9 to 21 , 24, 31 and 32 of Council Directive 69 /73 / EEC of 4 March 3 . However, as regards the products referred to in 1969(i ); Article 2 (c) of Regulation (EEC) No 563/76, where in any Member State, during a period of one month, the (!) OJ No L 58 , 8 . 3 . 1969, p. 1 .

No L 81 /26 Official Journal of the European Communities 27 . 3 . 76

— in the Directives implementing the Articles last Bestemd om te worden verwerkt en /of bereid referred to . (Verordening (EEG) nr. 677/76 van de Commissie)' ; When the products referred to in the first subpara­ graph are put into free circulation, either unchanged — in respect of products referred to in Article 10 ( 1 ) or after processing, the 'protein certificate' shall be (e): submitted which applies, as appropriate, to the product which is in fact put into free circulation . ' Intended for human consumption or for the chemical or pharmaceutical industry (Commission 3. The security may be released at the request of Regulation (EEC) No 677/76)', the party concerned in instalments which are propor­ Bestemt til konsum eller kemisk eller farmaceu­ tional to the quantities of products for which proof of tisk industri (Kommissionens forordning (EØF) nr. one of the matters referred to in paragraph 1 (b), (c), 677/76)', (d), (e) and (f) has been furnished or in respect of Bestimmt für menschliche Ernährung oder für die which the party concerned has renounced his right to chemische oder pharmazeutische Industrie (Verord­ put into free circulation . nung (EWG) Nr. 677/76 der Kommission)', 4. The security shall be forfeit where the party ' Destiné à 1 alimentation humaine ou à l'industrie concerned : chimique ou pharmaceutique (règlement (CEE) n0 677/76 de la Commission) , (a) has not renounced his right to put into free circula­ tion, or ' Destinato all alimentazione umana o all industria chimica o farmaceutica (regolamento (CEE) n . (b) except in the case of force majeure, has not 677/76 della Commissione)', furnished proof of one of the matters referred to in paragraph 1 (b), (c), (d), (e) and (f) within six Bestemd voor menselijke voeding of voor de schei­ months following the expiry of the 'protein certifi­ kundige of farmaceutische nijverheid (Verordening cate', or within nine months of the provision of (EEG) nr. 677/76 van de Commissie)'. the security for products referred to in Article 2 of Council Regulation (EEC) No 563/76. 2. Where Article 10 ( 1 ) (f) applies :

(a) proof of departure from the geographical territory Article 11 of the Community by a Member State other than that of the territory of which the customs export 1 . When products are used in a accordance with formalities were completed shall be furnished by Article 10 ( 1 ) (d) and (e) in a Member State other than production of the control copy referred to in in which the security has been provided, proof of use Article 1 of Regulation (EEC) No 2315/ 69 ; the or processing or, where appropriate, of preparation following sections of the control copy shall be shall be furnished by the control copy referred to in completed : Article 1 of Regulation (EEC) No 2315/69 ('). — 101 and 103 , Among the special endorsements on the control copy, — 104, with any necessary delection , and Sections 101 , 103 and 104 shall be completed. — 106, with one of the following endorsements : Section 104 shall be completed, deleting where neces­ 'Products for export without refund (Commis­ sary, and adding : sion Regulation (EEC) No 677/76)', — in respect of products referred to in Article 10 ( 1 ) Varer der udføres uden restitution (Kommis­ (d): sionens forordning (EØF) nr. 677/76)', 'Intended for processing and/or preparation Erzeugnisse ohne Erstattung auszuführen (Commission Regulation (EEC) No 677/76)', (Verordnung (EWG) Nr. 677/76 der Kommis­ Bestemt til forarbejdning og/eller forberedelse sion)', (Kommissionens forordning (EØF) nr. 677/76)', 'Produits a exporter sans restitution (règlement Bestimmt zur Verarbeitung und/oder Aufberei­ (CEE) n0 677/76 de la Commission)', tung (Verordnung (EWG) Nr. 677/76 der Kommis­ Prodotti da esportare senza restituzione (regola­ sion)', mento (CEE) n . 677/76 della Commissione)', 'Destine a etre transforme et/ou conditionné (règle­ ' Produkten uit te voeren zonder restitutie ment (CEE) n0 677/76 de la Commission)', (Verordening (EEG) nr. 677/76 van de Destinato ad essere trasformato e/o condizionato Commissie)'. (regolamento (CEE) n . 677/76 della Commis­ sione)', The endorsement appearing in Section 106 shall be authenticated by the stamp of the office of (») OJ No L 295, 24. 11 . 1969, p. 14. departure.

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The control copy shall be retained by the agency tion, except for those quantities which have not been to which the interested party submits the docu­ attributed wholly or in part for which the holder ment to obtain the release of the security ; submits one or more extracts of the certificate.

(b) the quantity of products exported shall give entitle­ Article 13 ment to the release of that amount of the security equal to that obtained by applying to the quantity Any interested party, who, before 19 March 1976, the rate of the security valid for the product in applied for an import licence with advance fixing of accordance with the Annex ; the levy for products falling within subheading 23.07 (c) where the products exported fall within a B of the Common Customs Tariff shall, on request, Common Customs Tariff subheading for which obtain cancellation of the advance fixing and the several rates of security are fixed in accordance certificate attesting it. with the Annex, the control copy shall contain the description of the product corresponding to the Article 14 rate of security in question . This Regulation shall enter into force on 1 April Article 12 1976 .

Where the 'protein certificate' is not submitted to the However, in respect of the putting into free circula­ issuing agency within six months of expiry, the quanti­ tion of the products referred to in Article 3 ( 1 ) of ties of products for which the certificate was issued Regulation (EEC) No 563/76, it shall apply with effect from 19 March 1976 . shall be regarded as having been put into free circula­

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

Done at Brussels, 26 March 1976 .

For the Commission

P.J. LARDINOIS

Member of the Commission

No L 81 / 28 27 . 3 . 76 Official Journal of the European Communities

ANNEX

Level of securities

CCT Security heading Description of products (u.a./metric ton) No

12.01 B. Others, with the exception of castor beans : — Soya beans 20.3 — Linseed 16.7 — Cotton seed 12.9 — Groundnuts 12.4 — Colza and rape seed 11.9 — Sunflower seed 10.5 — Poppy seed, beech, camelina, illipes, mowrah, bassia, 0 karite, purghera, croton and mustard — Others 7.8

12.02 Flour or meals of oil seeds or oleaginous fruit, non-defatted (with the exception of mustard and castor bean flour) :

A. Of soya beans 20.3

B. Others : — Linseed flour or meal 16.7 — Cotton seed flour or meal 12.9 — Groundnut flour or meal 12.4 — Colza and rape seed flour or meal 11.9 — Sunflower flour or meal 10.5 — Other flour or meals 7.8 12.10 B. Others 4.5

23.03 A. II . Residues from the manufacture of starch from maize (excluding concentrated steeping liquors) of a protein content not exceeding 40 % by weight calculated on the dry product 4.5

23.04 B. Others, with the exception of castor bean cakes : — Oil cakes : — Of soya and linseed 27.0 — Of groundnut, cotton and sunflower seed 24.3 — Other oil cakes 21.6 — Other residues resulting from the extraction of vege­ table oils 4.5

23.07 B. Others containing, separately or together, even when mixed with other products, starch, glucose or glucose syrup, falling within subheadings 17.02 B and 17.05 B, and milk products 27.0

C. Not specified or included 27.0