EXCESS OF THE MAXIMUM QUOTA HAD NO OPPORTUNITY TO REPLACE IT WITH SUGAR NOT PRODUCED BY HIM , SINCE ARTICLE 2 ( 2 ) ( C ) THEREOF PROVIDED THAT A PRODUCER WHO EXPORTS SUGAR C MUST SUBMIT A STATEMENT TO THE EFFECT THAT THE EXPORTED SUGAR WAS PRODUCED BY HIM .
10NEVERTHELESS , REGULATION ( EEC ) NO 458/73 OF THE COMMISSION OF 2 FEBRUARY 1973 ( OFFICIAL JOURNAL L 53 OF 26 FEBRUARY 1973 , P . 16 ) AFFORDED THE OPPORTUNITY FOR SUCH A SUBSTITUTION .
11THE SECOND RECITAL IN THE PREAMBLE TO THE SAID REGULATION STATES THAT IT IS DESIRABLE THAT THE MANUFACTURER CONCERNED BE AFFORDED THE POSSIBILITY OF EXPORTING SUGAR NOT PRODUCED BY HIMSELF AND THAT IT IS ALSO NECESSARY TO PROVIDE IN SUCH CASE FOR A STANDARD PAYMENT WHICH MAY IN ANY EVENT BE REGARDED AS OFFSETTING ANY BENEFIT DERIVED FROM SUCH SUBSTITUTION .
12THESE CONSIDERATIONS WERE GIVEN SPECIFIC EXPRESSION BY ARTICLE 1 OF REGULATION NO 458/73 , PARAGRAPH ( 1 ) OF WHICH REPEALS SUBPARAGRAPH ( C ) OF ARTICLE 2 ( 2 ) OF REGULATION ( EEC ) NO 2645/70 , REFERRED TO ABOVE , AND PARAGRAPH ( 2 ) OF WHICH ADDS A PARAGRAPH ( 3 ) TO THE SAID ARTICLE 2 , PROVIDING INTER ALIA THAT WHERE THE SUGAR EXPORTED WAS NOT PRODUCED BY THE MANUFACTURER CONCERNED THE LATTER IS TO PAY A SUM OF TWO U.A./PER 100 KG OF SUGAR .
13THE COMMISSION EXPLAINS THAT THE STANDARD PAYMENT WAS INTENDED TO OFFSET ANY SAVINGS , ON TRANSPORT FOR EXAMPLE , CAUSED BY THE SUBSTITUTION .
14IN ACCORDANCE WITH ARTICLE 3 OF REGULATION NO 458/73 THE PROVISIONS OF ARTICLE 1 REFERRED TO ABOVE APPLY RETROACTIVELY FROM 1 JANUARY 1971 BEING THE DATE OF THE ENTRY INTO FORCE OF REGULATION NO 2645/70 .
15IT MUST ALSO BE NOTED THAT THE PROVISIONS OF COMMISSION REGULATION ( EEC ) NO 572/76 AND IN PARTICULAR FOOTNOTE ( 1 ) ( A ) TO PART 7 OF ANNEX I TO THAT REGULATION SHOWS THAT NO MONETARY COMPENSATORY AMOUNT WAS APPLIED WHEN SUGAR C WAS EXPORTED .
16ALL THE PROVISIONS REFERRED TO ABOVE PROVIDED THE BASIS FOR THE CALCULATION OF THE PRODUCTION OF AND TRADE IN SUGAR BEFORE THE SUGAR MARKETING YEAR 1976/77 .
17IT EMERGES FROM THE FILE THAT THE CURRENCY MARGINS DURING THE YEARS SUBSEQUENT TO THE ENTRY INTO FORCE OF REGULATION NO 458/73 BETWEEN MEMBER STATES WHOSE CURRENCIES APPRECIATED ( FOR INSTANCE THE FEDERAL REPUBLIC OF GERMANY ) AND THOSE WHOSE CURRENCIES DEPRECIATED ( FOR INSTANCE FRANCE ) WIDENED TO SUCH AN EXTENT THAT IN JANUARY 1977 FOR EXAMPLE , ALTHOUGH THE INTERVENTION PRICE FOR 100 KG OF WHITE SUGAR EXPRESSED IN UNITS OF ACCOUNT REMAINED THE SAME THROUGHOUT THE COMMUNITY , ITS VALUE EXPRESSED IN NATIONAL CURRENCY CONVERTED , FOR THE PURPOSES OF COMPARISON , INTO AMERICAN DOLLARS WAS , OWING TO THE EXCHANGE RATES USED IN THE AGRICULTURAL SECTOR , DOLLARS 4963 IN THE FEDERAL REPUBLIC OF GERMANY AND DOLLARS 3783