CELEX: 31978R1465
Language: en
Date: 1978-06-29 00:00:00
Title: Commission Regulation (EEC) No 1465/78 of 29 June 1978 on granting compensation for disadvantages suffered by certain sugar exporters

30 . 6 . 78                               Official Journal of the European Communities                          No L 176/9
                                       COMMISSION REGULATION (EEC) No 1465/78
                                                           of 29 June 1978
                 on granting compensation (or disadvantages suffered by certain sugar exporters
 THE COMMISSION OF THE EUROPEAN                                       invitation to tender in order to determine export
 COMMUNITIES,                                                         refunds for white sugar (5), as last amended by Regula­
                                                                      tion (EEC) No 11 82/78 (6), and pursuant to Commis­
                                                                      sion Regulation (EEC) No 1790/77 of 2 August 1977
 Having regard to the Treaty establishing the European                on a standing invitation to tender in order to
 Economic Community,                                                  determine export refunds for raw beet sugar (7), as
                                                                      amended by Regulation (EEC) No 1182/78 , could be
                                                                      seriously prejudicial to Community management of
                                                                      this sector ; whereas, to prevent this happening, it is
 Having regard to Council Regulation ( EEC) No                        necessary to withhold the right to cancel while at the
 878/77 of 26 April 197/ on the exchange rates to be                  same time providing appropriate compensation for
 applied in agriculture ('), as last amended by Regula­               this disadvantage, and also to lay down the conditions
 tion (EEC) No 976/78 (2 ), and in particular Article 5               for granting such compensation ;
 thereof,
                                                                      Whereas the measures provided for in this Regulation
                                                                      are in accordance with the opinion of the Manage­
 Whereas the said Regulation has brought into opera­                  ment Committee for Sugar,
 tion the provisions of Council Regulation (EEC) No
  1134/68 of 30 July 1968 laying down rules for the
 implementation of Regulation (EEC) No 653/68 on
 conditions, for alterations to the value of the unit of
 account used for the common agricultural policy (3) ;                HAS ADOPTED THIS REGULATION :
whereas Article 4 thereof provides that any person
who has obtained advance fixing for a specific transac­
 tion may on application obtain cancellation of the
 advance fixing and of the relevant document or certifi­                                         Article 1
 cate ; whereas, however, Article 4 (2) of Regulation
(EEC) No 878 /77 provides that the second subpara­                   The compensation referred to in the second subpara­
graph of Article 4 ( 1 ) of Regulation (EEC) No 1 134/68             graph of Article 4 (2) of Regulation ( EEC) No 878 /77
applies only if the application of the new representa­                shall, for the 1978/79 sugar marketing year, be DM
 tive rates is disadvantageous to the party concerned ;               0*17 per 100 kilograms of sugar expressed in white
                                                                     value .
Whereas the second subparagraph of Article 4 (2) of
 Regulation (EEC) No 878/77 provides that the disad­                                             Article 2
vantage may be compensated for by an appropriate
measure ; whereas such a disadvantage may exist in
the case of operations under export certificates issued              The compensation referred to in Article 1 shall only
in the Federal Republic of Germany and for which at                  apply to quantities of sugar from the Federal Republic
the same time no advance fixing of the monetary                      of Germany being exported with licences in respect of
compensatory amounts was made in accordance with                     which the following conditions are satisfied :
Commission Regulation (EEC) No 243/78 of 1
February 1978 providing for the advance fixing of                    (aj the export licences have been issued in the Federal
monetary compensatory amounts (4) ;                                        Republic of Germany under a partial invitation to
                                                                           tender held pursuant to Regulation (EEC) No
                                                                           1634/77 or (EEC) No 1790/77 ;
Whereas in the sugar sector any large-scale cancella­                (b) the successful offer has been made before 12 May
tion of export licences issued following partial invita­                   1978 ;
tions to tender held pursuant to Commission Regula­
tion (EEC) No 1634/77 of 19 July 1977 on a standing                  (c) the customs export formalities are completed on
                                                                           or after 1 July 1978 ;
(')  OJ  No  L 106, 29 . 4. 1977, p. 27 .
(2 ) OJ  No  L 125, 13 . 5 . 1978 , p. 32 .                          (5 ) OJ No L 181 , 21 . 7 . 1977, p. 35 .
(3)  OJ  No  L 188 , 1 . 8 . 1968 , p. 1 .                           (") OJ No L 145, 1 . 6 . 1978 , p. 46 .
(4)  OJ  No  L 37, 7. 2 . 1978 , p. 5.                               (7) Oj No L 197, 4. 8. 1977, p. 11 .
 ---pagebreak--- No L 176/ 10                        Official Journal of the European Communities                               30 . 6 . 78
(d) the person concerned does not make use of the             for in the last subparagraph of Article 4 ( 1 ) of Regula­
    advance fixing of the monetary compensatory               tion (EEC) No 1134/68 may not be exercised.
    amount for the operation in question .
                         Article 3                                                   Article 4
In the case of licences issued in accordance with
Article 2 (a) and (b), the right of cancellation provided     This Regulation shall enter into force on 1 July 1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 29 June 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President