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Regulation

Commission Regulation (EC) No 704/97 of 18 April 1997 laying down detailed rules for the application of Council Regulation (EC) No 537/97 and providing for the partial reimbursement of import duties levied on 30 000 tonnes of barley for malting

CELEX
Regulation (EC) No 704/97
Date of document
Articles
3
Source
EUR-Lex
Article 1

1. Pursuant to Article 1 of Regulation (EC) No 537/97, 50 % of the full import duty in force on quantities actually released for free circulation, less, on the one hand, ECU 8 per tonne and, on the other hand, an amount equal to that of any flat-rate reduction in the import duty applied, depending on the port of unloading in the Community, shall be reimbursed, on application by the importer or his authorized agent, on up to 30 000 tonnes of imports into the Community of barley covered by CN code 1003 00 which was released for free circulation from 1 June to 31 December 1996, which was intended for the production of malt (quota serial number 09.4061) to be used for the manufacture of beer aged in vats containing beechwood and which qualified for a flat-rate reduction of ECU 8 per tonne pursuant to Article 2 (5) of Regulation (EC) No 1249/96.

2. Within 100 days of the date of application of this Regulation, the parties concerned shall lodge applications for certificates in accordance with the model set out in the Annex with the competent authorities of the Member State which issued the import licence, specifying the quantity which may be covered by the partial reimbursement of the duty as provided for in paragraph 1, in accordance with Article 880 of Commission Regulation (EEC) No 2454/93 (6).

Such applications must be accompanied by an extract of the import licence proving that that quantity has been released for free circulation and by proof of processing into malt as provided for in Article 2 (5) (c) of Regulation (EC) No 1249/96. An additional certificate issued by the relevant authorities proving that the plant where the malt concerned has been used for the production of beer had vats for ageing containing beechwood at the time processing took place must also be provided by the parties concerned.

3. Within five working days of expiry of the period laid down in the first subparagraph of in paragraph 2, Member States shall forward details of the quantities covered by applications for certificates submitted pursuant to that paragraph to the Commission by telex, fax or telegram.

4. On the basis of the information forwarded by Member States, where the total quantity for which applications for certificates have been lodged exceeds 30 000 tonnes, the Commission shall notify Member States, within three working days of expiry of the period referred to in paragraph 3, of the percentage reduction to be applied to quantities for which applications for certificates have been lodged.

5. Within two working days of expiry of the period referred to in paragraph 4, the competent authorities of the Member State which issued the import licence shall issue a certificate in accordance with the model set out in the Annex, specifying the quantity which may be covered by partial reimbursement of the duty, in accordance with Article 880 of Regulation (EEC) No 2454/93.

6. Applications for reimbursement must be submitted by the parties concerned to the office where customs clearance took place within 30 days of expiry of the period referred to in paragraph 5. Applications for reimbursement must be accompanied by:

(a) the import licence or a certified copy thereof,

(b) the certificate referred to in paragraph 5, and

(c) the declaration of release for free circulation covering the imports concerned.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

It shall apply from the date of application of Regulation (EC) No 537/97.

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

Done at Brussels, 18 April 1997.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ No L 83, 25. 3. 1997, p. 7.

(2) OJ No L 181, 1. 7. 1992, p. 21.

(3) OJ No L 126, 24. 5. 1996, p. 37.

(4) OJ No L 161, 29. 6. 1996, p. 125.

(5) OJ No L 98, 15. 4. 1997, p. 2.

(6) OJ No L 253, 11. 10. 1993, p. 1.

Schedules & Appendices

ANNEX

>START OF GRAPHIC>

Model for certificate applications and for certificates for reimbursement of duty as referred to in Article 1 (2) and (5)

Import licence reference number: Holder (name, full address and Member State): Body issuing the extract (name and address): Rights assigned to (name, full address and Member State): Quantity for which reimbursement may be applied for pursuant to Regulation (EC) No 704/97 (quantity in kilograms): (Date and signature)

>END OF GRAPHIC>

3 articles

Cite this act

Commission Regulation (EC) No 704/97 of 18 April 1997 laying down detailed rules for the application of Council Regulation (EC) No 537/97 and providing for the partial reimbursement of import duties levied on 30 000 tonnes of barley for malting (EUR-Lex). Retrieved via LawPlayer, https://lawplayer.com/eu/act/31997R0704

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