CELEX: 31978R1182
Language: en
Date: 1978-05-31 00:00:00
Title: Commission Regulation (EEC) No 1182/78 of 31 May 1978 supplementing Regulations (EEC) No 1634/77 and (EEC) No 1790/77 on standing invitations to tender to determine export refunds on sugar

No L 145/46                                Official Journal of the European Communities                                1 . 6. 78
                                    COMMISSION REGULATION (EEC) No 1182/78
                                                           of 31 May 1978
               supplementing Regulations (EEC) No 1634/77 and (EEC) No 1790/77 on standing
                              invitations to tender to determine export refunds on sugar
THE COMMISSION OF THE EUROPEAN                                       the monetary coefficient be applied equally in the
COMMUNITIES,                                                         case where, under an invitation to tender concerning
                                                                     trade with third countries, the amounts indicated in
Having regard to the Treaty establishing the European                the statement of award in respect of a given successful
Economic Community,                                                  tenderer are fixed in national currency ; whereas for
                                                                     this reason a provision should urgently be laid down
Having regard to Council Regulation (EEC) No                         in the sugar sector, without prejudice to a general solu­
3330/74 of 19 December 1974 on the common organi­                    tion to be adopted and Commission Regulation (EEC)
zation of the market in sugar ( !), as last amended by                No 1634/77 of 19 July 1977 on a standing invitation
Regulation (EEC) No 705/78 (2), and in particular Arti­              to tender in order to determine export refunds for
cles 12 (2), 19 (4) and 34 thereof,                                  white sugar (8) and Regulation (EEC) No 1 790/77 of 2
                                                                     August 1977 on a standing invitation to tender in
Having regard to Council Regulation (EEC) No                         order to determine export refunds for raw beet
974/71 of 12 May 1971 on certain measures of                         sugar (9) should be supplemented ;
conjunctural policy to be taken in agriculture
following the temporary widening of the margins of                   Whereas for similar reasons and taking account of the
fluctuation    for the currencies of certain             Member       practice always followed in the sugar sector that rule
States (3), as last amended by Regulation (EEC) No                    should be applied retrospectively with the exception
557/76 (4), and in particular Article 6 thereof,                      of offers accepted after the Judgment of the Court and
                                                                     before this Regulation enters into force ;
Whereas Article 4 (3) (b) of Commission Regulation
(EEC) No 1380/75 of 29 May 1975 laying down                          Whereas the measures provided for in this Regulation
detailed rules for the application of monetary compen­                are in accordance with the opinion of the Manage­
satory amounts (5), as last amended by Regulation                     ment Committee for Sugar,
(EEC) No 2505/77 (6), provides that, in the application
of monetary compensatory amounts in the trade with
third countries, import charges as well as export
                                                                      HAS ADOPTED THIS REGULATION :
refunds and levies, fixed in units of account and appli­
cable to the products concerned, shall be modified by
a coefficient derived from the percentage used for the
calculation of the monetary compensatory amount anf                                            Article 1
fixed by the Commission together with that amount ;
                                                                      The following is inserted as Article 7a in Regulations
Whereas in Case 108/77 the Court of Justice of the                    (EEC) No 1634/77 and (EEC) No 1790/77
European Communities has declared that, in its                             'Article 7a
present version, Article 4 (3) of Regulation (EEC) No
 1380/75 together with Regulation (EEC) No
2101 /75 (7) shall be interpreted in such a way that the                  The coefficient referred to in Article 4 (3) of Regu­
export refund on sugar fixed in a national currency on                    lation (EEC) No 1380/75 shall apply equally to
the basis of an invitation to tender shall not be modi­                   refunds awarded in national currency for the
fied by the monetary coefficient fixed by the Commis­                     purposes of this invitation to tender.'
sion and derived from the percentage used for the
calculation of the monetary compensation ;
                                                                                               Article 2
Whereas, in order that the system of monetary
 compensatory amounts can be satisfactorily applied                   This Regulation shall enter into force on 1 June 1978 .
 from the economic point of view it is essential that
                                                                      It shall apply to all refunds awarded under Regula­
(!) OJ  No  L 359, 31 . 12. 1974, p. 1 .                              tions (EEC) No 1634/77 and (EEC) No 1790/77 with
(2  OJ  No  L 94, 8 . 4. 1978 , p. 1 .                                the exception of the refunds for which offers were
(3) OJ  No  L  106, 12. 5 . 1971 , p . 1 .
(") OJ  No  L 67, 15. 3 . 1976, p. 1 .                                accepted after 24 May 1978 and before 1 June 1978 .
(s) OJ  No  L  139, 30 . 5 . 1975, p. 11 .
(6) OJ  No  L 291 , 15. 11 . 1977, p. 15.                             (8) OJ No L 181 , 21 . 7. 1977, p. 35.
(7) OJ  No  L 214, 12. 8 . 1975, p. 5.                                (9) OJ No L 197, 4. 8 . 1977, p. 11 .
 ---pagebreak--- 1 . 6. 78                    Official Journal of the European Communities                      No L 145/47
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 31 May 1978 .
                                                                 For the Commission
                                                                  Finn GUNDELACH
                                                                     Vice-President
                                     f