No L 104/20 Official Journal of the European Communities 22. 4. 97 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 30000 tonnes of barley for malting THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 537/97 of 18 March 1997 opening a Community tariff quota for barley for malting falling within CN code 1003 00 ('), and in particular Article 2 thereof, Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cereals (?), as last amended by Commission Regulation (EC) No 923/96 (%), and in particular Article 10 (4) thereof, Whereas the provisions governing the way imports of cereals into the Community are treated were laid down in Commission Regulation (EC) No 1249/96 of 28 June 1996 on rules of application (cereals sector import duties) for Council Regulation (EEC) No 1766/92(%), as last amended by Regulation (EC) No 641/97 (°); whereas Article 2 (5) of Regulation (EC) No 1249/96 provides, under certain conditions, for a flat-rate reduction in the import duty of ECU 8 per tonne in particular on barley for malting; whereas Article 2 (4) of that Regulation also provides for a flat-rate reduction in import duties of ECU 2 or ECU 3 per tonne, depending on the port of un- loading in the Community; Whereas, pursuant to Article 1 of Regulation (EC) No 537/97, a tariff quota has been opened for 30 000 tonnes of high-grade barley covered by CN code 1003 00 for the production of malt to be used in the manufacture of a type of beer aged in vats containing beechwood; whereas the rate of duty applicable to such imports is 50 % of the full rate of duty in force on the day of import; whereas the flat-rate reductions in the import duty provided for in Regulation (EC) No 1249/96 cannot be applied; whereas, as a consequernce, the duties applied pursuant to Regula- tion (EC) No 1249/96 in respect of up to 30 000 tonnes of barley for malting covered by import licence applica- tions submitted from 1 June to 31 December 1996 should be adjusted by reducing the rate of duty in force () OJ No L 83, 25. 3. 1997, p. 7. () O] No L 181, 1. 7. 1992, p. 21. () O] No L 126, 24. 5. 1996, p. 37. () OJ No L 161, 29. 6. 1996, p. 125. () OJ No L 98, 15. 4. 1997, p. 2. on the day of release for free circulation of the imported product by 50 %, the amount thereby obtained being increased by the flat-rate reductions in the import duty which may have been applied on release for free circula- tion; Whereas the tariff quota opened by Regulation (EC) No 537/97 only covers the period 1 June to 31 December 1996; whereas notwithstanding Article 2 of that Regula- tion, no provisions applying retroactively can be laid down to guarantee the type of barley imported or to recognize documents guaranteeing that that type of barley has been imported; Whereas the implementation of this international commitment should be ensured by providing for the possibility for operators who have imported barley of a particular quality for malting during the period concerned to qualify, on application, for the reduction in the import duty, less any flat-rate reductions; whereas the Member States must accordingly be authorized to reimburse duties levied in excess to operators who can prove that the import duties they paid were reduced by ECU 8 per tonne as laid down for barley of brewery quality for the production of malt from 1 June to 31 December 1996; Whereas the Management Committee for Cereals has not given an opinion within the period set by its chaiman, HAS ADOPTED THIS REGULATION: Article 1 1. Pursuant to Article 1 of Regulation (EC) No 537/97, 50 % of the full import duty in force on quantities actu- ally 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 1249/9.