CELEX: 31973R0366
Language: en
Date: 1973-01-31 00:00:00
Title: Regulation (EEC) No 366/73 of the Commission of 31 January 1973 laying down interim rules for sugar imported under certain conditions by certain Member States pursuant to agreements arising out of the International Sugar Agreement

12. 2. 73                             Official Journal of the European Communities                          No L 39/25
                              REGULATION (EEC) No 366/73 OF THE COMMISSION
                                                    of 31 January 1973
             laying down interim rules for sugar imported under certain conditions by certain Member
                             States pursuant to agreements arising out of the International
                                                      Sugar Agreement
THE COMMISSION OF THE EUROPEAN                                    subject to agreements between Governments of
COMMUNITIES ,                                                     countries of destination and exporting countries ;
                                                                  whereas, morever, the Member States concerned
                                                                  should notify the Commission regularly of these
Having regard to the Treaty establishing the European             quantities of sugar and the Commission should inform
Economic Community ;                                              all Member States ;
Having regard to the Treaty (*) concerning the                    Whereas the measures provided for in this Regulation
Accession of new Member States to the European                    are in accordance with the Opinion of the Manage­
Economic Community and to the European Atomic                     ment Committee for Sugar ;
Energy Community, signed at Brussels on 22 January
1972, and in particular Article 63 ( 1 ) of the Act (2)
annexed thereto, hereinafter called the 'Act',                    HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation No 1009/67/
                                                                                          Article 1
EEC (3) of 18 December 1967 on the common organ­
ization of the market in sugar, as last amended by
the Act, and in particular Article 38 thereof ;                   1 . In derogation from the provisions of Article 20 (2),
                                                                  first subparagraph, second indent of Regulation
                                                                  No 1009/67/EEC, sugar exported to the Community
Whereas certain new Member States, pursuant to                    from third countries, pursuant to Article 30 of the
Article 30 of the International Sugar Agreement, have             International Sugar Agreement, shall not circulate
the right, under given world market conditions, to                freely within the Community.
take delivery of certain quantities of sugar at a
maximum price. Now and for some time the world
market price has been substantially the maximum                   2. Member States who have the right to take delivery
price ; whereas in the light of these provisions, these           of sugar in accordance with paragraph 1 , shall, where
Member States are also obliged to export a proportion             appropriate, take all measures necessary to comply
of these quantities of sugar under the same price                 with paragraph 1 .
arrangements ; whereas the International Sugar Agree­
ment expires on 31 December 1973 and interim rules
are required to ensure that, until the Agreement ex­                                      Article 2
pires, the rules governing Community levies are not
affected by these deliveries at reduced prices ;
                                                                  1 . The Member States referred to in Article 1 (2)
                                                                  shall notify the Commission, not later than at the
Whereas these interim rules could be expressed as to              end of each month, of the quantities of sugar of
ensure that the sugar in question does not circulate              which they have taken delivery during the previous
freely within the Community ; whereas it should be                month, pursuant to Article 30 of the International
re-exported either in the natural state or processed ;            Sugar Agreement. This notification shall distinguish
                                                                  between quantities :
Whereas the feasibility of controlling this trade is              — which have not reached the customs territory of
assured because the sugar in question is exclusively                   the Member State in question ;
                                                                  — which have entered the customs territory of the
                                                                       Member State in question under arrangements in
(x) OJ No L 73 , 27. 3 . 1972, p. 5 .
 (2) OJ No L 73 , 27. 3 . 1972, p. 14.                                 respect of which the payment of duties, charges
 (3) OJ No 308 , 18 . 12. 1967, p. 1 .                                 and levies is suspended ;
 ---pagebreak--- No L 39/26                        Official Journal of the European Communities                                12 . 2 . 73
— which, following release under arrangements                                        Article 3
    referred to in the preceding indent have been
    re-exported either in the natural state or after         This Regulation shall enter into force on the day of
    processing.                                              its publication in the Official Journal of the European­
                                                             Communities .
2. The Commission shall inform the Member States
of information received pursuant to this Regulation.         This Regulation shall apply from 1 February 1973.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 31 January 1973 .
                                                                            For the Commission
                                                                                 The President
                                                                           Francois-Xavier ORTOLI