CELEX: 31978R1401
Language: en
Date: 1978-06-20 00:00:00
Title: Council Regulation (EEC) No 1401/78 of 20 June 1978 fixing, for the 1978/79 sugar marketing year, the differential charge to be levied on raw preferential sugar and the differential amount to be granted in respect of raw cane sugar from the French overseas departments

27 . 6 . 78                          Official Journal of the European Communities                        No L 170/ 13
                                    COUNCIL REGULATION (EEC) No 1401 /78
                                                     of 20 June 1978
               fixing , for the 1978/79 sugar marketing year, the differential charge to be levied
               on raw preferential sugar and the differential amount to be granted in respect of
                               raw cane sugar from the French overseas departments
THE COUNCIL OF THE EUROPEAN                                    refined in that region in the 1977/78 sugar marketing
COMMUNITIES,                                                   year was exempted from the differential charge ;
                                                               whereas, for the same reasons, that exemption should
Having regard to the Treaty establishing the European          be continued in respect of Ireland for the 1978/79
 Economic Community,                                           sugar marketing year ;
                                                               Whereas the second subparagraph of Article 9 (3) of
Having regard to Council Regulation (EEC) No
                                                               Regulation (EEC) No 3330/74 provides, in particular,
3330/74 of 19 December 1974 on the common organi­
                                                               that where a differential charge has been fixed, a differ­
zation of the market in sugar ( } ), as last amended by
                                                               ential amount equal to that charge shall be granted in
Regulation (EEC) No 1396/78 (2), and in particular
                                                               respect of the raw sugar produced in the French over­
Articles 9 (5) and 47 ( 1 ) thereof,
                                                               seas departments and refined in a refinery defined in
                                                               paragraph 7 of that Article and situated in the
Having regard to the proposal from the Commission ,            Community ; whereas that amount should therefore
                                                               be fixed at 1-69 units of account per 100 kilograms of
Whereas Article 46 ( 1 ) of Regulation (EEC) No                white sugar,
3330/74 provides that where there is a difference
between, on the one hand, the raw sugar refining
margin used to determine the intervention and
threshold prices for raw sugar and, on the other hand,         HAS ADOPTED THIS REGULATION :
the margin necessary for the refining of raw preferen­
tial sugar, a differential charge to be made on the
latter sugar shall be fixed for the sugar marketing year                               Article 1
in question ;
                                                               This Regulation shall apply to the 1978 /79 sugar
Whereas the bulk of the raw preferential sugar cannot          marketing year.
be refined unless use is made of the refineries defined
in Article 9 (7) of Regulation (EEC) No 3330/74 ;
                                                                                       Article 2
whereas the margin required for the refining of the
said sugar in such refineries is greater, according to
the information at present to hand, than that taken            The differential charge provided for in Article 46 ( 1 )
into account when determining the intervention and             of Regulation (EEC) No 3330/74 shall be fixed at 1-69
threshold prices for raw sugar for the 1978 /79 sugar          units of account per 100 kilograms of sugar expressed
marketing year ; whereas a differential charge should          as white sugar by reference to a raw sugar yield calcu­
therefore be fixed for that year ; whereas the amount          lated by doubling the degree of polarization of that
thereof may be fixed at a flat rate of 1-69 units of           sugar and deducting 100 therefrom . Nevertheless, this
account per 100 kilograms of sugar expressed as white          charge shall not apply to raw preferential sugar
sugar, taking into account certain differences in the          refined during the 1978/79 sugar marketing year in
costs concerned ;                                              Ireland up to a maximum quantity of 30 000 tonnes
                                                               of sugar expressed as white sugar.
Whereas Article 46 (2) (b) of Regulation (EEC) No
3330/74 makes provision for the non-application of                                     Article 3
the whole of the differential charge, or part of that
charge, to any raw preferential sugar which is
imported into regions of the Community and refined             The differential amount provided for in the second
there in a production unit other than a refinery as            subparagraph of Article 9 (3) of Regulation (EEC) No
defined in Article 9 (7) of that Regulation ; whereas,         3330/74 shall be fixed at 1-69 units of account per
having regard to the traditional patterns of supplies of        100 kilograms of white sugar.
the said sugar to Ireland, a maximum quantity of
30 000 tonnes of that sugar expressed as white sugar
                                                                                       Article 4
(>) OJ No L 359, 31 . 12. 1974, p. 1 .
(2) See page 1 of this Official Journal .                      This Regulation shall enter into force on 1 July 1978 .
 ---pagebreak--- No L 170/ 14                  Official Journal of the European Communities                        27. 6. 78
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Luxembourg, 20 June 1978 .
                                                                    For the Council
                                                                      The President
                                                                      P. DALSAGER