CELEX: 31973R0242
Language: en
Date: 1973-01-31 00:00:00
Title: Regulation (EEC) No 242/73 of the Council of 31 January 1973 laying down general rules for the implementation of the arrangements for importing sugar into the United Kingdom within the terms of the Commonwealth Sugar Agreement

1. 2 . 73                          Official Journal of the European Communities                                No L 29 / 23
                                  REGULATION ( EEC) No 242/73 OF THE COUNCIL
                                                   of 31 January 1973
              laying down general rules for the implementation of the arrangements for importing
               sugar into the United Kingdom within the terms of the Commonwealth Sugar Agreement
 THE COUNCIL OF THE EUROPEAN                                    ( a ) bought by the competent body in the United
 COMMUNITIES ,                                                        Kingdom at the purchase price calculated ac­
                                                                      cording to Article 2,
 Having regard to the Treaty establishing the Euro­                   and
 pean Economic Community ;
                                                                ( b ) re-sold by this body according to the conditions
 Having regard to the Treaty concerning the Accession                 laid down in Article 4.
 of new Member States to the European Economic
 Community and the European Atomic Energy Com­                  2.      The total quantity of sugar which may be im­
 munity, and in particular paragraph 5 of Protocol              ported pursuant to Protocol No 17, paragraph 1 of
 No 17 annexed to the Act (*) appended to that                  the Act in respect of sugar tel quel a calendar year
 Treaty ;                                                       shall be 1 770 471 metric tons apportioned as follows :
 Having regard to the proposal from the Commis­
                                                                      Countries and territories  Quantities of sugar to I quel
 sion ;                                                                      of origin                  in metric tons
 Whereas Protocol No 17 annexed to the aforemen­
 tioned Act authorizes the United Kingdom to import,            a ) Australia                             340·377
 on special terms, certain quantities of sugar from the              The West Indies
                                                                     and Guyana                            736·637
exporting countries and territories referred to in the                                                    386099
                                                                     Mauritius
Commonwealth Sugar Agreement, hereinafter referred                                                         142·247
to as the ' Agreement';                                              Fiji
                                                                     East Africa                             7·113
                                                                     British Honduras                       20·829
 Whereas it is necessary to give an indication of the                India                                  25·402
 exact quantities which may be imported as well as the               Swaziland                              86·365
 limits within which these may be adjusted ; and
 whereas it is essential to devises rules for the pur­         b) Southern Rhodesia                         25·402 (>)
chase and sale of this sugar by the competent body
in the United Kingdom which do not conflict with
                                                               (>) Import suspended .
the Common Agricultural Policy and which, at the
same time help to maintain certain traditional in­
stitutions ;
                                                                3.      Nevertheless :
Whereas it is appropriate to specify the total sum to
be paid by the importer at the time of importation,             (a) when one or more countries or territories of
as well as the adjustments necessary in the case of                   origin is not or are not in a position to supply
sugar whose yield differs from that of standard                       the quantity indicated in paragraph 2 (a), the
quality sugar ; whereas various information has to be                 above apportionment may be modified according
                                                                      to the rules laid down in the Agreement ;
provided as regards the implementation of the import
arrangements in question ;
                                                                (b) during the period 1 February — 31 December
                                                                      1973, the quantities referred to in paragraph 2
                                                                      shall be :
HAS ADOPTED THIS REGULATION :
                                                                      — increased by the amount of the quantities
                          Article 1
                                                                          bought in respect of the 1972 year and im­
                                                                          ported after 31 January 1973 ;
1 . The provisions of Protocol No 17, paragraph 2                         and
of the Act shall apply only to sugar which, before
importation into the United Kingdom was :                             — decreased by the amount of the quantities
                                                                          imported during the month of January 1973
(l ) OJ No L 73, 27. 3. 1972, p. 14.                                      in respect of the 1973 year ;
 ---pagebreak--- No L 29 / 24                        Official Journal of the European Communities                                1. 2 . 73
(c) for the calendar year 1974, the quantities referred                                Article S
    to in paragraph 2, increased by the amount of
     the quantities bought in respect of the 1973 year,
    but imported in 1974, may be imported until                1.      The Contract of Sale shall impose the following
    28 February 1975 .                                         obligations in particular on the purchaser :
                                                               ( a) responsibility for transport as far as United
                          Article 2                                  Kingdom ports ;
                                                               (b) that he assume all risks concerning the merchan­
1 . The agreed purchase price referred to in Pro­                    dise from the moment of loading.
tocol No 17, paragraph 2 of the Act shall be equal
to the price decided upon under the Agreement,                 2. The competent body in the United Kingdom
including, where appropriate, the special payment.             shall pay to the purchaser a standard amount in­
                                                               tended to compensate , case by case :
2. The agreed purchase price shall apply to raw                ( a) the cost of transporting the merchandise from
cane sugar, polarization 96°, in bulk, fob and stowed                the exporting country or territory to the United
in a seagoing vessel at the port.                                    Kingdom ;
                                                                ( b) the cost of insuring the merchandise during
3 . The price referred to in paragraph 2 shall be                    transport.
adjusted by the increases and reductions provided for
in the Agreement , in relation to the polarization of
the sugar as delivered .
                                                                                       Article 6
                         Article 3                             The special levy and the tax referred to in para­
                                                               graph 2 of Protocol No 17 of the Act shall be col­
                                                               lected on importation.
A correcting factor shall be applied to the marketing
price referred to in Regulation ( EEC) No 239/73 ( l )
where the yield of the sugar imported is greater or
less than 92 per cent. This factor shall be obtained                                   Article 7
by dividing the percentage yield of the raw sugar
 imported by 92 .
                                                                1 . The world market price used in calculating the
                                                                tax referred to in paragraph 2 (b) of Protocol No 17
                                                               of the Act, shall be that applicable on the day of
                          Article 4                             importation.
 1 . Subject to the provisions of Article 5 (2) the             2. When the weighted average of the world market
re-sale price shall be fixed by the competent body              prices used in calculating the tax or the subsidy pay­
in the United Kingdom on the basis of the world                ment to be applied to imports during a given period
market price for raw sugar applicable on the day                differs from the weighted average of the re-sale prices
of re-sale.                                                     for the quantities in respect of which contracts have
                                                                been agreed during this same period, an adjustment
                                                                shall be made for a subsequent period on the
2. This price shall apply to raw sugar of 96°                  basis of the difference between the two weighted
polarization, in bulk, cif, free out, delivered United         averages or, where appropriate , the tax or the subsidy
 Kingdom port.                                                  shall be introduced .
3. The re-sale price, where appropriate, shall be                                      Article 8
adjusted by the increases and reductions provided
 for by the Sugar Association of London in keeping
with the polarization of the sugar as delivered.
                                                                The United Kingdom and the Commission will
                                                                furnish each other with the data necessary for the
0 ) See p. 14 of this Official Journal.                         operation of this Regulation.
 ---pagebreak---  1.2.73                             Official Journal of the European Communities                     No L 29/ 25
                        Article 9                                                  Article 10
The conditions of operation of this Regulation are            This Regulation shall enter into force on the day
to be established by the procedure laid down in               of its publication in the Official Journal of the
Article 40 of Regulation No 1009/67/EEC (*) of                European Communities.
18 December 1967 on the common organization of
the market in sugar, as last amended by the Act .
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 31 January 1973 .
                                                                                For the Council
                                                                                 The President
                                                                                   A. LAVENS
(») OJ No 308, 18. 12. 1967, p. 1 .