****

( 1 ) OJ NO L 106 , 29 . 4 . 1977 , P . 27 .

( 2 ) OJ NO L 161 , 29 . 6 . 1979 , P . 2 .

( 3 ) OJ NO L 188 , 1 . 8 . 1968 , P . 1 .

( 4 ) OJ NO L 37 , 7 . 2 . 1978 , P . 5 .

( 5 ) OJ NO L 182 , 5 . 7 . 1978 , P . 7 .

( 6 ) OJ NO L 181 , 21 . 7 . 1977 , P . 35 .

( 7 ) OJ NO L 69 , 20 . 3 . 1979 , P . 13 .

( 8 ) OJ NO L 197 , 4 . 8 . 1977 , P . 11 .

COMMISSION REGULATION ( EEC ) NO 1337/79

OF 29 JUNE 1979

ON GRANTING COMPENSATION FOR DISADVANTAGES SUFFERED BY CERTAIN SUGAR EXPORTERS

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 878/77 OF 26 APRIL 1977 ON THE EXCHANGE RATES TO BE APPLIED IN AGRICULTURE ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1265/79 ( 2 ), AND IN PARTICULAR ARTICLE 5 THEREOF ,

WHEREAS THE SAID REGULATION HAS BROUGHT INTO OPERATION THE PROVISIONS OF COUNCIL REGULATION ( EEC ) NO 1134/68 OF 30 JULY 1968 LAYING DOWN RULES FOR THE IMPLEMENTATION OF REGULATION ( EEC ) NO 653/68 ON CONDITIONS FOR ALTERATIONS TO THE VALUE OF THE UNIT OF ACCOUNT USED FOR THE COMMON AGRICULTURAL POLICY ( 3 ); WHEREAS ARTICLE 4 THEREOF PROVIDES THAT ANY PERSON WHO HAS OBTAINED ADVANCE FIXING FOR A SPECIFIC TRANSACTION MAY ON APPLICATION OBTAIN CANCELLATION OF THE ADVANCE FIXING AND OF THE RELEVANT DOCUMENT OR CERTIFICATE ; WHEREAS , HOWEVER , ARTICLE 4 ( 2 ) OF REGULATION ( EEC ) NO 878/77 PROVIDES THAT THE SECOND SUBPARAGRAPH OF ARTICLE 4 ( 1 ) OF REGULATION ( EEC ) 1134/68 APPLIES ONLY IF THE APPLICATION OF THE NEW REPRESENTATIVE RATES IS DISADVANTAGEOUS TO THE PARTY CONCERNED ;

WHEREAS THE SECOND SUBPARAGRAPH OF ARTICLE 4 ( 2 ) OF REGULATION ( EEC ) NO 878/77 PROVIDES THAT THE DISADVANTAGE MAY BE COMPENSATED FOR BY AN APPROPRIATE MEASURE ; WHEREAS SUCH A DISADVANTAGE MAY EXIST IN THE CASE OF OPERATIONS UNDER EXPORT CERTIFICATES ISSUED IN BELGIUM , THE NETHERLANDS OR THE FEDERAL REPUBLIC OF GERMANY AND FOR WHICH AT THE SAME TIME NO ADVANCE FIXING OF THE MONETARY COMPENSATORY AMOUNTS WAS MADE IN ACCORDANCE WITH COMMISSION REGULATION ( EEC ) NO 243/78 OF 1 FEBRUARY 1978 PROVIDING FOR THE ADVANCE FIXING OF MONETARY COMPENSATORY AMOUNTS ( 4 ), AMENDED BY REGULATION ( EEC ) NO 1544/78 ( 5 );

WHEREAS IN THE SUGAR SECTOR ANY LARGE-SCALE CANCELLATION OF EXPORT LICENCES ISSUED FOLLOWING PARTIAL INVITATIONS TO TENDER HELD PURSUANT TO COMMISSION REGULATION ( EEC ) NO 1634/77 OF 19 JULY 1977 ON A STANDING INVITATION TO TENDER IN ORDER TO DETERMINE EXPORT REFUNDS FOR WHITE SUGAR ( 6 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 519/79 ( 7 ), AND PURSUANT TO COMMISSION REGULATION ( EEC ) NO 1790/77 OF 2 AUGUST 1977 ON A STANDING INVITATION TO TENDER IN ORDER TO DETERMINE EXPORT REFUNDS FOR RAW BEET SUGAR ( 8 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 519/79 , COULD BE SERIOUSLY PREJUDICIAL TO COMMUNITY MANAGEMENT OF THIS SECTOR ; WHEREAS , TO PREVENT THIS HAPPENING , IT IS NECESSARY TO WITHHOLD THE RIGHT TO CANCEL WHILE AT THE SAME TIME PROVIDING APPROPRIATE COMPENSATION FOR THIS DISADVANTAGE , AND ALSO TO LAY DOWN THE CONDITIONS FOR GRANTING SUCH COMPENSATION ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR SUGAR ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE COMPENSATION REFERRED TO IN THE SECOND SUBPARAGRAPH OF ARTICLE 4 ( 2 ) OF REGULATION ( EEC ) NO 878/77 SHALL , FOR THE 1979/80 SUGAR MARKETING YEAR AND PER 100 KILOGRAMS OF SUGAR EXPRESSED IN WHITE VALUE , BE :

- 8.58 BELGIAN FRANCS IN RESPECT OF LICENCES ISSUED IN BELGIUM ,

- 0.59 DUTCH GUILDERS IN RESPECT OF LICENCES ISSUED IN THE NETHERLANDS ,

- 1.23 GERMAN MARKS IN RESPECT OF LICENCES ISSUED IN THE FEDERAL REPUBLIC OF GERMANY .

ARTICLE 2

THE COMPENSATION REFERRED TO IN ARTICLE 1 SHALL ONLY APPLY TO QUANTITIES OF SUGAR BEING EXPORTED FROM BELGIUM , THE NETHERLANDS OR THE FEDERAL REPUBLIC OF GERMANY WITH LICENCES IN RESPECT OF WHICH THE FOLLOWING CONDITIONS ARE SATISFIED :

( A ) THE EXPORT LICENCES HAVE BEEN ISSUED IN BELGIUM , THE NETHERLANDS OR THE FEDERAL REPUBLIC OF GERMANY UNDER A PARTIAL INVITATION TO TENDER HELD PURSUANT TO REGULATIONS ( EEC ) NO 1634/77 OR ( EEC ) NO 1790/77 ;

( B ) THE SUCCESSFUL OFFER HAS BEEN MADE BEFORE 22 JUNE 1979 ;

( C ) THE CUSTOMS EXPORT FORMALITIES ARE COMPLETED ON OR AFTER 1 JULY 1979 ;

( D ) THE PERSON CONCERNED DOES NOT MAKE USE OF THE ADVANCE FIXING OF THE MONETARY COMPENSATORY AMOUNT FOR THE OPERATION IN QUESTION .

ARTICLE 3

IN THE CASE OF LICENCES ISSUED IN ACCORDANCE WITH ARTICLE 2 ( A ) AND ( B ), THE RIGHT OF CANCELLATION PROVIDED FOR IN THE LAST SUBPARAGRAPH OF ARTICLE 4 ( 1 ) OF REGULATION ( EEC ) NO 1134/68 MAY NOT BE EXERCISED .

ARTICLE 4

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JULY 1979 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 29 JUNE 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT