****

( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .

( 2 ) OJ NO L 184 , 29 . 7 . 1968 , P . 10 .

( 3 ) OJ NO L 27 , 2 . 2 . 1980 , P . 27 .

( 4 ) OJ NO L 73 , 27 . 3 . 1972 , P . 14 .

( 5 ) OJ NO L 143 , 25 . 6 . 1968 , P . 6 .

( 6 ) OJ NO L 167 , 26 . 6 . 1976 , P . 13 .

( 7 ) OJ NO L 25 , 30 . 1 . 1976 , P . 1 .

( 8 ) OJ NO L 268 , 17 . 10 . 1975 , P . 43 .

( 9 ) OJ NO L 190 , 23 . 7 . 1975 , P . 36 .

COMMISSION REGULATION ( EEC ) NO 2283/81

OF 7 AUGUST 1981

AMENDING REGULATION ( EEC ) NO 1098/68 IN RESPECT OF THE REFUND TO BE GRANTED FOR THE SUGAR CONTAINED IN MILK PRODUCTS

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 804/68 OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( 1 ), AS LAST AMENDED BY THE ACT OF ACCESSION OF GREECE , AND IN PARTICULAR ARTICLE 17 ( 4 ) THEREOF ,

WHEREAS , PURSUANT TO ARTICLE 2 ( 1 ) OF COMMISSION REGULATION ( EEC ) NO 1098/68 ( 2 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 242/80 ( 3 ), THE REFUND TO BE GRANTED FOR THE SUCROSE ADDED TO MILK PRODUCTS WITHIN SUBHEADING 04.02 B OF THE COMMON CUSTOMS TARIFF IS APPLICABLE ONLY IF THE SUCROSE ADDED IS PRODUCED FROM BEET OR SUGAR CANE HARVESTED WITHIN THE COMMUNITY ;

WHEREAS , PURSUANT TO PARAGRAPH 4 OF PROTOCOL 17 ANNEXED TO THE 1972 ACT OF ACCESSION ( 4 ), NOTWITHSTANDING ARTICLE 15 ( 1 ) OF COUNCIL REGULATION ( EEC ) NO 766/68 ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1489/76 ( 6 ), THE EXPORT REFUND APPLICABLE TO THE UNITED KINGDOM MAY BE GRANTED FOR WHITE SUGAR PRODUCED FROM RAW SUGAR IMPORTED UNDER THAT PROTOCOL ;

WHEREAS , SUBSEQUENTLY , PREFERENTIAL IMPORT ARRANGEMENTS FOR SUGAR TOGETHER WITH A GUARANTEE OF PURCHASE AND IMPORT WERE INTRODUCED BY PROTOCOL 3 ON SUGAR ANNEXED TO THE ACP-EEC CONVENTION OF LOME ( 7 ), BY COUNCIL DECISION 75/614/EEC OF 25 FEBRUARY 1975 CONCERNING THE IMPORTATION OF CANE SUGAR ORIGINATING IN THE OVERSEAS COUNTRIES AND TERRITORIES ( OCT ) ( 8 ) AND BY THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF INDIA ON CANE SUGAR ( 9 ); WHEREAS THE IMPLEMENTATION OF THOSE ARRANGEMENTS AND , IN PARTICULAR , OF THE AFOREMENTIONED GUARANTEE REQUIRES EXTENSION OF THE APPLICABILITY OF THE EXPORT REFUND SYSTEM TO PREFERENTIAL IMPORTED SUGAR ;

WHEREAS REGULATION ( EEC ) NO 1098/68 SHOULD BE AMENDED ACCORDINGLY AND , AT THE SAME TIME , CERTAIN REFERENCES TO COUNCIL REGULATIONS WHICH HAVE SUBSEQUENTLY BEEN CONSOLIDATED SHOULD BE ADAPTED ;

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

HAS ADOPTED THIS REGULATION :

ARTICLE 1

REGULATION ( EEC ) NO 1098/68 IS HEREBY AMENDED AS FOLLOWS :

1 . IN ARTICLE 2 ( 3 ), THE REFERENCES TO ' REGULATION NO 1009/67/EEC ' IN THE FIRST AND SECOND SUBPARAGRAPHS ARE REPLACED IN EACH CASE BY REFERENCES TO ' REGULATION ( EEC ) NO 1785/81 ' .

2 . THE FOLLOWING PARAGRAPH 4 IS ADDED TO ARTICLE 2 :

' 4 . FOR THE PURPOSES OF PARAGRAPH 1 ( B ), SUCROSE SHALL BE TREATED AS SUCROSE PRODUCED FROM BEET OR SUGAR CANE HARVESTED WITHIN THE COMMUNITY WHEN THAT SUCROSE HAS BEEN :

( A ) IMPORTED INTO THE COMMUNITY BY VIRTUE OF :

- PROTOCOL 3 ON SUGAR ANNEXED TO THE ACP-EEC CONVENTION OF LOME ,

- DECISION 75/614/EEC ,

- THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF INDIA ON CANE SUGAR ; OR

( B ) OBTAINED FROM ONE OF THE PRODUCTS IMPORTED BY VIRTUE OF THE PROVISIONS REFERRED TO IN ( A ) ABOVE . '

3 . IN ARTICLE 4 , THE EXPRESSION ' COUNCIL REGULATION ( EEC ) NO 823/68 OF 28 JUNE 1968 ' IS REPLACED BY THE EXPRESSION ' COUNCIL REGULATION ( EEC ) NO 2915/79 OF 18 DECEMBER 1979 ' .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

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

DONE AT BRUSSELS , 7 AUGUST 1981 .

FOR THE COMMISSION

POUL DALSAGER

MEMBER OF THE COMMISSION