No L 193/10 Official Journal of the European Communities 18. 7. 78 COMMISSION REGULATION (EEC) No 1680/78 of 17 July 1978 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 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 organiza- tion of the market in cereals (!), as last amended by Regulation (EEC) No 1254/78 (?), and in particular Article 16 (6) thereof, Whereas, in the case of barley malt exported during the first two months of the marketing year in respect of which. the refund was fixed in advance before 1 August, Article 16 (4) of Regulation (EEC) No 2727/75 lays down the conditions for adjusting the refund fixed in advance ; Whereas it must be ensured that, when such adjust- ment is to be made, the barley malt exported during the first two months of the marketing year was in stock at the end of the preceding marketing year or was made from barley in stock at that time ; whereas the quantities of barley and malt in stock at the end of the marketing year in question must therefore be ascertained ; whereas the competent authorities of each Member State should be responsible for ascer- taining such quantities and for taking all necessary steps to ensure compliance with the Community prov- isions concerning the adjustment of export refunds on malt exported during the period under consideration ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage- ment Committee for Cereals, HAS ADOPTED THIS REGULATION : Article 1 1. The provisions of this Regulation shall apply to malt or barley in stock at the end of a marketing year for which no carry-over payment as referred to in Article 9 of Regulation (EEC) No 2727/75 has been fixed in respect of those products and which is exported as malt during the first two months of the (1) OJ No L 281, 1. 11. 1975, p. 1. () O] No L 156, 14. 6. 1978, p. 1. following marketing year under a licence on which the refund was fixed in advance before 1 August. 2.  For the purpose of determining the day of export, the relevant date shall be that on which customs formalities as referred to in Article 9 (3) (b) of Regulation (EEC) No 193/75 (%) are completed. Article 2 1. To qualify for the adjustment of the export refund on barley malt under Article 16 (4) of Regula- tion (EEC) No 2727/75 the exporter must : — if the malt was made from barley in stock at the end of the marketing year, supply the competent authority of the Member State responsible for paying the refund with documents certifying : (a) that the barley comes from stocks declared in accordance with Article 3 below to the compe- tent authority of the Member State in whose territory they were situated ; (b) that the malt was exported after 31 July and before 1 October of the year in question ; — if the malt was in stock at the end of the marketing year, supply the competent authority of the Member State responsible for paying the refund with documents certifying : (a) that the malt comes from stocks declared in accordance with Article 3 below to the compe- tent authority of the Member State in whose territory they were situated ; (b) that the malt was exported after 31 July and before 1 October of the year in question. 2. The documents referred to in point (a) of the first and second indents of paragraph 1 shall be kept by the competent authority responsible for paying the refund. Article 3 1.  The stockholder of malt or barley liable to be exported as malt with the adjusted refund must have made a declaration to the competent authority of the () OJ No L 25, 31. 1. 1975, p. 10.