31977R1557

No L 173 / 12 Official Journal of the European Communities 13 . 7 . 77

COMMISSION REGULATION ( EEC) No 1557 /77 of 12 July 1977 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 1977 indicating the quantities of barley in stock on 31 July 1977 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 1977 . Regulation ( EEC) No 1 151 /77 (2), and in particular Article 1 6 ( 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 2727/75 — if the malt was in stock at the end of the 1976/77 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 (a) that the malt comes from stocks declared to the barley malt exported during the first two months the competent authority of the Member State of the marketing year was in stock at the end of the in whose territory the stocks were situated by preceding marketing year or was made from barley in registered letter, telex or telegram sent not later stock at that time ; whereas the quantities of barley and malt in stock at the end of the 1976/77 than 7 August 1977 indicating the quantities of malt in stock on 31 July 1977 and the place marketing year must therefore be ascertained ; where such stocks may be checked ; whereas the competent authorities of each Member 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 1977 . observance of the Community provisions concerning the adjustment of export refunds on malt exported The certificate required under (a) shall be endorsed during the period under consideration ; by the competent authority to which the stocks are declared . Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ ment Committee for Cereals , Article 2

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

(a) shall carry out the necessary checks of stocks and Article 1 of their movements within its territory ; To qualify for the adjustment of the export refund on (b) shall adopt all necessary additional measures to barley malt under Article 16(4) of Regulation (EEC) take account of the special conditions within its No 2727/ 75 the exporter must : territory and in particular of the periods during which stocks and their movements are to be the — if the malt was made from barley in stock at the subject of a check . end of the marketing year, supply the competent authority of the Member State which delivered the 2 . Member States shall send to the Commission not export licence with documents certifying : later than 31 December 1977 a written report on the ( ) OJ No L 281 , 1 . li . 1975, p . 1 . application of this Regulation, indicating the quanti­ (2 ) OJ No L 136 , 2 . 6 . 1977 , p . 1 . ties of barley and malt in stock at the end of the

13 . 7. 77 Official Journal of the European Communities No L 173 / 13

marketing year and the quantities of malt exported to Article 3 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, 12 July 1977 . For the Commission Finn GUNDELACH Vice-President