CELEX: 31971R0335
Language: en
Date: 1971-02-16 00:00:00
Title: Regulation (EEC) No 335/71 of the Commission of 16 February 1971 amending Regulation (EEC) No 442/70 laying down detailed rules for the application of the system of offsetting storage costs for sugar

Official Journal of the European Communities                                     81
17.2.71                                 Official Journal of the European Communities                            No L 39 / 15
                               REGULATION (EEC) No 335 /71 OF THE COMMISSION
                                                     of 16 February 1971
               amending Regulation (EEC) No 442/70 laying down detailed rules for the application of
                                        the system of offsetting storage costs for sugar
THE    COMMISSION          OF     THE   EUROPEAN      COM­          HAS ADOPTED THIS REGULATION :
MUNITIES,
                                                                                            Article 1
Having regard to the . Treaty establishing the
European Economic Community ; .                                     The following shall be susbtituted for Article 9 of
                                                                    Regulation (EEC) No 442/70 :
Having      regard      to      Council    Regulation    No
1009/ 67/ EEC 1 of 18 December 1967 on the common                    - '1 . The levy shall be payable in respect of
organisation of the market in sugar, as last amended                   products disposed of. For the purpose of
by Regulation (EEC) No 1253 /70,2 and in particular                    calculating the amount of the levy, provided the
Article 8 (3 ) thereof;                                                levy is not yet due, "disposal " shall mean :
                                                                        (a) exit of the sugar from the factory in which it
Whereas Article 9 ( 1 ) of Commission Regulation                             was made, where the sugar does not enter an
(EEC) No 442/703 of 9 March 1970 laying down                                 approved warehouse of the manufacturer of
detailed rules for the application of the system of                          the sugar;
offsetting storage costs for sugar provides for the
reimbursement of storage costs ; whereas to avoid                      (b) exit from the approved warehouse of the
different treatment being accorded in " the various                          manufacturer ; however, transfer of the sugar
Member States the dates on which reimbursement is                            from an approved warehouse to another
to be affected must be harmonised; whereas, for                              approved      warehouse      of    the    same
administrative and economic reasons, the same dates                          manufacturer    shall  not  be   considered  as
should be specified for payment of the storage costs                         disposal ;
levy by manufacturers and the reimbursement due to
each manufacturer should be offset against the levy                    (c) transfer of property rights to the sugar to
                                                                             another claimant for reimbursement of
payable;
                                                                             storage costs without exit of the sugar from
                                                                             the approved warehouse of the manufacturer;
Whereas, in view of the provisions of Article 2 of
Council Regulation (EEC, Euratom, ECSC) No 2/714                       (d) processing by the manufacturer of the sugar
of 2 January 1971 on the application of the Decision                         and syrups into products other than those
of 21 April 1970 on the replacement of the financial                         falling within heading No 17.01 of the
contributions of Member States by the Communities '                          Common Customs Tariff;
own resources, it must be provided that Member
States should establish the amounts in question ;                        (e) denaturing of the sugar;
                                                                       (f) exit, as a result of transfer of ownership, of
Whereas the measures provided for in this Regulation                         syrups from reservoirs of the manufacturer '
are in accordance with the Opinion                   of the                  referred to in Article 6 ;
Management Committee for Sugar;                                         (g) the moment at which the sugar or syrups
                                                                             become subject to one of the systems referred
                                                                             to in Articles 2 or 3 of Regulation (EEC) No
1 OJ  No  308 , 18.12.1967, p. 1 .                                           441/69 .
2 OJ  No  L 143 , 1.7.1970, p . 1 .
3 OJ  No  L 55, 10.3.1970, p. 10.                                      2.      For a given month, and at the latest by the
4 OJ  No  L 3 , 5.1.1970, p . 1 .                                      fifteenth day of the following month, Member
 ---pagebreak--- 82                                  Official Journal of the European Communities
   States shall establish in respect of all persons               3 . The amount referred to in paragraph 2 ( c)
   eligible for reimbursement or liable for payment                shall be paid between the first and the fifteenth of
   of the levy:                                                   the fourth month following the month for which
                                                                  the reimbursement or the levy is due
   (a) the total amount of reimbursements to which
        he is entitled ;
                                                                                      Article 2
   (b) the total amount of levy payable; and
   (c) on the basis of the amounts referred under ( a ) •      This Regulation shall enter into force on 1 March
        and (b ), the balance to be paid to or by him.         1971 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 16 February 1971 .
                                                                                  For the Commission
                                                                                     The President
                                                                                 Franco M. MALFATTI
                                                                                                       \