PRODUCTION UNTIL 30 JUNE 1980 ; WHEREAS THIS IS PARTICULARLY NECESSARY IN VIEW OF THE RESTRICTED OUTLETS AT PRESENT AVAILABLE ON THE MARKET FOR SWEETENERS ; WHEREAS THIS IMPLIES , THEREFORE , THE INTRODUCTION OF A TEMPORARY SYSTEM FOR ISOGLUCOSE PRODUCTION ANALOGOUS TO THAT APPLIED TO SUGAR PRODUCTION BY VIRTUE OF COUNCIL REGULATION ( EEC ) NO 3330/74 OF 19 DECEMBER 1974 ON THE COMMON ORGANIZATION OF THE MARKET IN SUGAR ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1396/78 ( 4 );
WHEREAS , SINCE THE MANUFACTURE OF ISOGLUCOSE BEGAN IN THE COMMUNITY ONLY IN 1974/75 , IT IS FAIR TO ALLOT TO EACH MANUFACTURER A BASIC QUOTA ACCORDING TO HIS OUTPUT DURING THE MOST RECENT POSSIBLE PERIOD , NAMELY HIS OUTPUT IN THE PERIOD 1 NOVEMBER 1978 TO 30 APRIL 1979 ; WHEREAS IT SEEMS APPROPRIATE WHEN FIXING SUCH QUOTAS , FOR REASONS OF ECONOMIC FAIRNESS , TO TAKE INTO ACCOUNT THE TECHNICAL PRODUCTION CAPACITIES PER ANNUM OF THE UNDERTAKINGS IN QUESTION ; WHEREAS BASIC QUOTAS SHOULD ALSO BE ALLOCATED TO UNDERTAKINGS WHICH PREVIOUSLY PRODUCED ISOGLUCOSE AND HAVE NOT PRODUCED ANY DURING THE PERIOD FROM 1 NOVEMBER 1978 TO 30 APRIL 1979 , PROVIDED THEY RESUME SYSTEMATIC PRODUCTION DURING THE PERIOD OF APPLICATION OF THE QUOTA ARRANGEMENTS ; WHEREAS FINALLY , IN ORDER TO TAKE ACCOUNT OF THE CASE OF UNDERTAKINGS STARTING SYSTEMATIC PRODUCTION DURING THE PERIOD OF APPLICATION OF THE QUOTA ARRANGEMENTS , PROVISION SHOULD BE MADE FOR ESTABLISHING A RESERVE QUANTITY REPRESENTING 5 % OF THE TOTAL OF BASIC QUOTAS ALLOCATED TO PRODUCER UNDERTAKINGS ;
WHEREAS , WITH THE SAME NEED FOR ANALOGY WITH THE SYSTEM APPLIED TO SUGAR PRODUCTION AND FOR EQUALITY OF TREATMENT , IT IS NECESSARY TO FIX A SPECIFIC AMOUNT OF THE PRODUCTION LEVY APPLICABLE TO ISOGLUCOSE PRODUCTION EXCEEDING THE BASIC QUOTA WITHOUT EXCEEDING THE MAXIMUM QUOTA AND WHICH TAKES ACCOUNT OF THE FACT THAT PARTICIPATION BY THE PRODUCER OF THE RAW MATERIAL IS NOT POSSIBLE ; WHEREAS , THEREFORE , IT IS APPROPRIATE TO TAKE INTO CONSIDERATION THE SHARE OF THE PRODUCTION LEVY BORNE BY SUGAR MANUFACTURERS ;
WHEREAS , IN THE AFOREMENTIONED JUDGMENT , THE COURT DECIDED ALSO THAT THE ISOGLUCOSE PRODUCERS DID NOT BENEFIT FROM GUARANTEES SIMILAR TO THOSE PROVIDED FOR SUGAR MANUFACTURERS ; WHEREAS , THEREFORE , IT IS APPROPRIATE TO PROVIDE THAT REFUNDS CORRESPONDING TO THOSE PROVIDED FOR THE PRODUCTS REFERRED TO IN ARTICLE 1 ( 1 ) ( D ) OF REGULATION ( EEC ) NO 3330/74 MAY APPLY TO EXPORTS OF ISOGLUCOSE IN THE NATURAL STATE AS WELL AS IN THE FORM OF THE GOODS LISTED IN THE ANNEX TO REGULATION ( EEC ) NO 1111/77 ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
THE TEXT OF ARTICLE 4 ( 1 ) OF REGULATION ( EEC ) NO 1111/77 IS REPLACED BY THE FOLLOWING :
' ARTICLE 4
1 . PROVISION MAY BE MADE FOR AN EXPORT REFUND FOR THE PRODUCTS LISTED IN ARTICLE 1 WHEN UNPROCESSED AND FOR ISOGLUCOSE FALLING