Please note that the date you requested in the address for this web page is not an actual date upon which a change occurred to this item of legislation. You are being shown the legislation from , which is the first date before then upon which a change was made.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals(1), as last amended by Regulation (EEC) No 1784/81(2), and in particular Articles 16 (6) and 24 thereof,
Having regard to Council Regulation (EEC) No 1188/81 of 28 April 1981 laying down general rules for granting refunds adjusted in the case of cereals exported in the form of certain spirituous beverages and the criteria for fixing the amount of such refunds and amending Regulation (EEC) No 3035/80 concerning certain products not covered by Annex II to the Treaty(3), and in particular Article 12 thereof,
Whereas pursuant to Article 4 (2) of Regulation (EEC) No 1188/81 the rate of the refund is that applicable on the day on which the cereals are placed under control; whereas the date to be taken into consideration must therefore be the date on which the customs authorities accept the payment declaration by the person concerned by which he manifests his intention to distil and to export the products and qualify for a refund; whereas this declaration must include the information necessary for calculating the refunds;
Whereas, for the purposes of Article 3 of Regulation (EEC) No 1188/81 and in particular for determining the coefficient, it is necessary to define what is meant by ‘total export quantities’ and ‘total quantities released to the market’;
Whereas it is necessary for the application of this Regulation for it to be known that the products have left the Community and in certain cases also for their destination to be known; whereas for this reason it is necessary to have recourse to the definition of exportation set out in Council Directive 81/177/EEC(4) and to the proofs provided for in Commission Regulation (EEC) No 2730/79 of 29 November 1979 laying down common detailed rules for the application of the system of export refunds on agricultural products(5), as last amended by Regulation (EEC) No 1663/81(6);
Whereas it should be laid down that the Member States shall pass on to the Commission the necessary information;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION: