CELEX: 31974R3170
Language: en
Date: 1974-12-16 00:00:00
Title: Regulation (EEC) No 3170/74 of the Commission of 16 December 1974 laying down detailed rules for the application of the special export levy on sugar beet and sugar cane

No L 338 / 8                                Official Journal of the European Communities                              17 . 12 . 74
                                REGULATION ( EEC) No 3170/ 74 OF THE COMMISSION
                                                         of 16 December 1974
                laying down detailed rules for the application of the special export levy on sugar
                                                         beet and sugar cane
THE COMMISSION OF THE EUROPEAN                                         Whereas the measures provided for in this Regulation
COMMUNITIES ,                                                          are in accordance with the Opinion of the Manage­
                                                                       ment Committee for Sugar,
Having regard to the Treaty establishing the European
Economic Community ;
                                                                       HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation No 1009/
67/ EEC (') of 18 December 1967 on the common
organization of the market in sugar, as last amended                                              Article /
by Regulation ( EEC) No 2476/74 (2 ), and in particular
Article 16(4) thereof ;
                                                                       This Regulation lays down detailed rules for the
                                                                       charging of the special export levy on products speci­
Whereas Article 16 of Regulation No 1009/67/ EEC
                                                                       fied in Article 1(1 ) (b) of Regulation No 1009 /
provides, under certain conditions, for the charging of                67/ EEC .
an export levy or of a special export levy on white
sugar and raw sugar ; whereas the appropriate general
and detailed rules were established by Council Regula­                                            Article 2
tion ( EEC) No 608 / 72 (J ) of 23 March 1972 laying
down rules to be applied in cases of considerable price                 1 . The special export levy in the second subpara­
rises on the world sugar market and by Commission                      graph of Article 16(1 ) of Regulation No 1009 / 67/ EEC
Regulation ( EEC) No 1076/72 (4) of 25 May 1972                        shall be applicable to the products which are specified
laying down detailed rules for applying export levies                  in the Annex to this Regulation provided such
on sugar and amending Regulation (EEC) No                              products are in one of the situations described in
2637/70 , as amended by Regulation ( EEC) No                           Article 9 (2) of the Treaty .
58 /74 (5 ) ;
                                                                       2. This special levy shall also be charged on
Whereas, in view of the present situation on the sugar                 products shown in the Annex which , by reason of the
market both within the Community and outside, it                       customs status of their packaging or by reason of their
has become necessary to apply a special export levy                    incorporation in , or addition to, one or more products
also for the products specified in Article 1 ( 1 ) (b) of              not in free circulation , are not in one of the situations
Regulation No 1009 / 67/ EEC ; whereas detailed rules                  described in Article 9 (2) of the Treaty.
for this must be adopted ;
Whereas , in view of the seasonal nature of trade in the                                           Article 3
products specified in Article 1 ( l)(b) of Regulation No
1009 / 67/ EEC, it appears sufficient to provide in prin­              The provisions of Articles 1 (4), 4 and 5 of Regulation
ciple only one fixation of special export levy for each                (EEC) No 1076/72 shall also be applicable to the
sugar year ; whereas this levy should be applied per                   products specified in the Annex to this Regulation .
metric ton of product ; whereas , in calculating this
levy, account should be taken , on a flat rate basis, of
the difference per 100 kilogrammes of white sugar,                                                 Article 4
between the arithmetic average of the cif prices for
the white sugar recorded over a particular period and                   1 . The rate of the special levy applicable to the
the threshold price of this sugar applied at the time                  export shall be the levy applicable on the day of
when the special levy is fixed ; whereas this difference               completion of the customs formalities referred to in
must be multiplied by appropriate coefficients which                   Article 8 (2) (b) of Regulation ( EEC) No 1 373/70 (6).
will usually correspond to the natural sucrose content
of the products specified in the Annex as generally                    2.     The special export levy shall be collected by the
determined in the Community ;                                          Member State in whose territory the formalities
                                                                       referred to in paragraph 1 of this Article are
(')  OJ No    308 , 18 . 12 . 1967, p . 1 .                            completed . It shall be payable at the latest at the time
(2 ) OJ No    L 264, 1 . 10 . 1974, p. 70 .                            of completion of those formalities .
(3 ) OJ No    L 75 , 28 . 3 . 1972, p. 5 .
(4 ) OJ No    L 121 , 26 . 5 . 1972 , p. 22 .
(5 ) OJ No    L 8 , 10 . 1 . 1974, p. 13 .                             ( 6) OJ No L 158 , 20 . 7 . 1970 , p. 1 .
 ---pagebreak--- 17 . 12 . 74                       Official Journal of the European Communities                               No L 338 / 9
                         Article 5                                (a) 1-6 in the case of fresh sugar beet, whole or sliced ;
1 . The special export levy shall be fixed, in prin­              (b) 5-5 in the case of dried sugar beet, whole, sliced or
ciple, once each sugar year in units of account per                    powdered ;
metric ton .
                                                                  (c) 1-1 in the case of sugar cane .
2. The amount of the levy shall be determined per
metric ton of the products referred to in the Annex by
multiplying the difference, per 100 kilogrammes of                                            Article 6
white sugar, between the arithmetic average of the cif
prices recorded during the three months preceding
the month of the day on which the levy is fixed and               This Regulation shall enter into force on the third day
the threshold price applied on that day, by a coeffi­             following its publication in the Official Journal of
cient of :                                                         the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels , 16 December 1974 .
                                                                                For the Commission
                                                                                     The President
                                                                              Francois-Xavier ORTOLI
                                                           A NNEX
                    CCT heading                                     Description of goods
                        No
             1 2.04                  Sugar beet, whole or sliced , fresh , dried or powdered ; sugar cane :
                                     A. Sugar beet :
                                         ex I. Fresh , of a sugar content equal to or greater than 1 2-5 %
                                             II . Dried or powdered
                                     B. Sugar cane