****

( 1 ) OJ NO L 160 , 26 . 6 . 1980 , P . 12 .

( 2 ) OJ NO L 359 , 31 . 12 . 1974 , P . 1 .

( 3 ) OJ NO L 170 , 28 . 3 . 1978 , P . 1 .

( 4 ) OJ NO L 67 , 14 . 3 . 1973 , P . 12 .

( 5 ) OJ NO L 17 , 24 . 1 . 1979 , P . 7 .

( 6 ) OJ NO L 359 , 31 . 12 . 1974 , P . 18 .

( 7 ) OJ NO L 162 , 30 . 6 . 1979 , P . 9 .

COMMISSION REGULATION ( EEC ) NO 1697/80

OF 30 JUNE 1980

LAYING DOWN TRANSITIONAL MEASURES FOR THE 1980/81 SUGAR MARKETING YEAR

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1592/80 OF 24 JUNE 1980 ON THE APPLICATION OF THE SYSTEM OF PRODUCTION QUOTAS IN THE SUGAR AND ISOGLUCOSE SECTORS DURING THE PERIOD 1 JULY 1980 TO 30 JUNE 1981 ( 1 ),

WHEREAS ARTICLE 1 ( 1 ) OF REGULATION ( EEC ) NO 1592/80 PERMITS THE CARRY FORWARD REFERRED TO IN ARTICLE 31 OF COUNCIL REGULATION ( EEC ) NO 3330/74 ( 2 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1396/78 ( 3 ), OF QUANTITIES OF SUGAR FROM THE 1979/80 SUGAR MARKETING YEAR TO THE 1980/81 SUGAR MARKETING YEAR ; WHEREAS FOR THIS PURPOSE IT IS NECESSARY TO ADOPT TRANSITIONAL MEASURES , IN PARTICULAR AS REGARDS STORAGE COSTS WHICH HAVE ALREADY BEEN REIMBURSED AND THE LEVYING OF THE AMOUNT REFERRED TO IN ARTICLE 5 OF COMMISSION REGULATION ( EEC ) NO 700/73 ( 4 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 114/79 ( 5 );

WHEREAS ARTICLE 1 ( 2 ) OF REGULATION ( EEC ) NO 1592/80 PROVIDES THAT THE BASIC QUOTA FOR EACH SUGAR PROCESSING UNDERTAKING FOR THE 1980/81 SUGAR MARKETING YEAR SHALL BE THAT APPLIED DURING THE 1979/80 SUGAR MARKETING YEAR WITHOUT PREJUDICE TO THE APPLICATION OF COUNCIL REGULATION ( EEC ) NO 3331/74 ( 6 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1292/79 ( 7 ); WHEREAS , THEREFORE , IT IS ALSO NECESSARY TO ALTER CERTAIN TIME LIMITS SET FOR ALTERING THE BASIC QUOTAS ;

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

1 . BY WAY OF DEROGATION FROM THE THIRD INDENT OF THE FIRST SUBPARAGRAPH OF ARTICLE 31 ( 2 ) OF REGULATION ( EEC ) NO 3330/74 SUGAR MANUFACTURERS WHO DECIDE TO CARRY FORWARD A QUANTITY OF SUGAR FROM THE 1979/80 SUGAR MARKETING YEAR TO THE 1980/81 SUGAR MARKETING YEAR SHALL NOTIFY THE MEMBER STATE CONCERNED BY 4 JULY 1980 OF THE QUANTITY TO BE CARRIED FORWARD .

2 . MEMBER STATES SHALL REQUIRE THE REFUND OF THE MONTHLY REIMBURSEMENTS OF STORAGE COSTS PAID PURSUANT TO ARTICLE 8 OF REGULATION ( EEC ) NO 3330/74 TO MANUFACTURERS SINCE FEBRUARY 1980 IN RESPECT OF THE QUANTITIES OF SUGAR PRODUCED BETWEEN THE BASIC QUOTA AND THE MAXIMUM QUOTA WHICH WILL BE CARRIED FORWARD .

3 . WHERE THE AMOUNT REFERRED TO IN ARTICLE 5 OF REGULATION ( EEC ) NO 700/73 HAS ALREADY BEEN LEVIED BY MEMBER STATES IN RESPECT OF THE QUANTITIES OF SUGAR PRODUCED BETWEEN THE BASIC QUOTA AND THE MAXIMUM QUOTA WHICH WILL BE CARRIED FORWARD , IT SHALL BE REFUNDED BY THE MEMBER STATES TO THE MANUFACTURERS CONCERNED .

4 . FOR THE PURPOSES OF ARTICLE 31 OF REGULATION ( EEC ) NO 3330/74 , WHERE THE DECISION TO CARRY FORWARD IS TAKEN , TOTAL SUGAR PRODUCTION IN RESPECT OF THE 1979/80 SUGAR MARKETING YEAR FOR EACH MANUFACTURER SHALL CORRESPOND TO THE QUANTITY OF SUGAR ACTUALLY PRODUCED DURING THAT MARKETING YEAR , INCREASED BY ANY QUANTITY CARRIED FORWARD FROM THE 1978/79 SUGAR MARKETING YEAR AND REDUCED BY THE QUANTITY DECLARED FOR CARRYING FORWARD TO THE 1980/81 SUGAR MARKETING YEAR .

ARTICLE 2

BY WAY OF DEROGATION FROM ARTICLES 7 ( 2 ) AND 9 ( 1 ) ( C ) OF REGULATION ( EEC ) NO 3331/74 , MEMBER STATES WHICH APPLY THE PROVISIONS OF ARTICLE 2 ( 1 ) OF THAT REGULATION :

- SHALL , WITHOUT PREJUDICE TO ARTICLE 8 OF THE SAID REGULATION , TAKE MEASURES AFFECTING THE BASIC QUOTAS FOR THE 1980/81 SUGAR MARKETING YEAR ,

AND

- SHALL COMMUNICATE THOSE MEASURES TO THE COMMISSION ,

NOT LATER THAN 15 JULY 1980 .

ANY REDUCTION MADE PURSUANT TO ARTICLE 2 ( 1 ) OF REGULATION ( EEC ) NO 3331/74 IN THE BASIC QUOTA OF ANY UNDERTAKING SHALL NOT EXCEED , FOR THE WHOLE PERIOD 1 JULY 1975 TO 30 JUNE 1981 , A TOTAL QUANTITY EQUIVALENT TO 5 % OF THE ORIGINAL BASIC QUOTA ALLOCATED TO THAT UNDERTAKING FOR THE 1975/76 MARKETING YEAR .

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JULY 1980 .

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

DONE AT BRUSSELS , 30 JUNE 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT