31976R1787

24 . 7 . 76 Official Journal of the European Communities No L 199 / 31

COMMISSION REGULATION ( EEC) No 1787 /76 of 23 July 1976 on the adjustment of the export refunds on malt under Article 16 (4) of Regula­ tion EEC No 2727 / 75

THE COMMISSION OF THE EUROPEAN (a) that the barley comes from stocks declared to COMMUNITIES , the competent authority of the Member State in whose territory they were situated by regis­ Having regard to the Treaty establishing the European tered letter, telex or telegram sent not later Economic Community, than 7 August 1976 indicating the quantities of barley in stock on 31 July 1976 and the Having regard to Council Regulation ( EEC) No place where such stocks may be checked ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ('), as last amended by (b) that the malt was exported after 31 July and before 1 October 1976 . Regulation (EEC) No 1 143/76 (2 ), and in particular Article 16 (6) thereof, The certificate required under (a) shall be endorsed Whereas, in the case of barley malt exported during by the competent authority to which the stocks the first two months of the marketing year in respect are declared ; of which the refund was fixed in advance before 1 August, Article 16 (4) of Regulation ( EEC) No — if the malt was in stock at the end of the 1975/ 76 2727/ 75 lays down the conditions for adjusting the refund fixed in advance ; marketing year, supply the competent authority of the Member State which issued the export licence Whereas it must be ensured in connection with the with documents certifying : adjustment of the export refund fixed in advance that the barley malt exported during the first two months (a) that the malt comes from stocks declared to of the marketing year was in stock at the end of the the competent authority of the Member State preceding marketing year or was made from barley in in whose territory the stocks were situated by stock at that time ; whereas the quantities of barley registered letter, telex or telegram sent not later and malt in stock at the end of the 1975 / 76 than 7 August 1976 indicating the quantities marketing year must therefore be ascertained ; of malt in stock on 31 July 1976 and the place whereas the competent authorities of each Member where such stocks may be checked ; State should be responsible for ascertaining such quan­ (b) that the malt was exported after 31 July and tities and for taking all necessary steps to ensure the before 1 October 1976 . observance of the Community provisions concerning the adjustment of export refunds on malt exported during the period under consideration ; The certificate required under (a) shall be endorsed by the competent authority to which the stocks Whereas the measures provided for in this Regulation are declared . are in accordance with the opinion of the Manage­ ment Committee for Cereals,

Article2¶

HAS ADOPrED THIS REGULATION : 1 . The competent authority of each Member State :

Article 1 (a) shall carry out the necessary checks of stocks and of their movements within its territory ; To qualify for the adjustment of the export refund on barley malt under Article 16 (4) of Regulation ( EEC) (b) shall adopt all necessary additional measures to No 2727/ 75 the exporter must : take account of the special conditions within its territory and in particular of the periods during — if the malt was made from barley in stock at the which stocks and their movements are to be the end of the marketing year, supply the competent subject of a check . authority of the Member State which delivered the export licence with documents certifying : 2 . Member States shall send to the Commission (') OJ No L 281 , 1 . 1 1 . 1975 , p . 1 . not later than 31 December 1976 a written report -) OJ No L 130 , 19 . 5 . 1976, p . 1 . on the application of this Regulation , indicating

No L 199 / 32 Official Journal of the European Communities 24. 7 . 76

the quantities of barley and malt in stock at the Article 3 end of the marketing year and the quantities of malt exported to which this Regulation applies. 3 . In each Member State the competent authority This Regulation shall enter into force on the day of its shall be the intervention agency or such other body as publication in the Official Journal of the European the Member State shall designate . Communities.

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

Done at Brussels, 23 July 1976 . For the Commission P.J. LARDINOIS Member of the Commission