CELEX: 31978R1396
Language: en
Date: 1978-06-20 00:00:00
Title: Council Regulation (EEC) No 1396/78 of 20 June 1978 amending Regulation (EEC) No 3330/74 on the common organization of the market in sugar

Avis juridique important

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31978R1396

Council Regulation (EEC) No 1396/78 of 20 June 1978 amending Regulation (EEC) No 3330/74 on the common organization of the market in sugar  

Official Journal L 170 , 27/06/1978 P. 0001 - 0002 Greek special edition: Chapter 03 Volume 21 P. 0191 

****( 1 ) OJ NO C 85 , 10 . 4 . 1978 , P . 43 .  ( 2 ) OJ NO L 359 , 31 . 12 . 1974 , P . 1 .  ( 3 ) OJ NO L 94 , 8 . 4 . 1978 , P . 1 .      COUNCIL REGULATION ( EEC ) NO 1396/78   OF 20 JUNE 1978   AMENDING REGULATION ( EEC ) NO 3330/74 ON THE COMMON ORGANIZATION OF THE MARKET IN SUGAR   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 1 ),   WHEREAS ARTICLE 8 OF COUNCIL REGULATION ( EEC ) NO 3330/74 OF 19 DECEMBER 1974 ON THE COMMON ORGANIZATION OF THE MARKET IN SUGAR ( 2 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 705/78  ( 3 ), WHICH ESTABLISHES THE SYSTEM OF REIMBURSEMENT OF STORAGE COSTS , DOES NOT APPLY TO SYRUPS PRODUCED AFTER THE CRYSTALLIZING STAGE MANUFACTURED FROM BEET OR CANE HARVESTED IN THE COMMUNITY OR TO SYRUPS PRODUCED FROM PREFERENTIAL SUGAR ; WHEREAS MARKET TRENDS IN THESE SYRUPS SHOW A SIGNIFICANT INCREASE IN DEMAND WHICH REQUIRES CONSTANTLY INCREASING PRODUCTION AND STORAGE ; WHEREAS FOR THIS REASON THE SYSTEM OF REIMBURSEMENT OF STORAGE COSTS SHOULD BE EXTENDED TO COVER THESE SYRUPS ;   WHEREAS ARTICLE 38 ( 2A ) OF REGULATION ( EEC ) NO 3330/74 AUTHORIZES ITALY TO GRANT DURING THE 1977/78 SUGAR YEAR ADAPTATION AID OF 9.9 UNITS OF ACCOUNT WHICH IS HIGHER THAN THE AID PROVIDED FOR IN PARAGRAPH 1 OF THAT ARTICLE ; WHEREAS , SINCE THE GROUNDS FOR THIS MEASURE STILL EXIST , A SIMILAR MEASURE SHOULD BE ADOPTED FOR THE 1978/79 SUGAR YEAR BUT SHOULD BE ADAPTED TO THE CURRENT SITUATION IN THE BEET AND SUGAR SECTOR IN ITALY ,   HAS ADOPTED THIS REGULATION :   ARTICLE 1   ARTICLE 8 OF REGULATION ( EEC ) NO 3330/74 SHALL BE REPLACED BY THE FOLLOWING :   ' ARTICLE 8   1 .  SUBJECT TO ARTICLE 31 ( 2 ), THE STORAGE COSTS IN RESPECT OF :   -  WHITE SUGAR ,   -  RAW SUGAR ,   -  SYRUPS OBTAINED PRIOR TO THE CRYSTALLIZING STAGE , AND   -  SYRUPS OBTAINED BY DISSOLVING CRYSTALLIZED SUGAR ,   MANUFACTURED FROM BEET OR CANE HARVESTED IN THE COMMUNITY SHALL BE REIMBURSED AT A FLAT RATE BY THE MEMBER STATES .   THE STORAGE COSTS SHALL ALSO BE REIMBURSED AT A FLAT RATE BY THE MEMBER STATES IN THE CASE OF PREFERENTIAL SUGAR :   -  IMPORTED IN THE FORM OF RAW SUGAR ,   -  IMPORTED IN THE FORM OF WHITE SUGAR ,   AND IN THE CASE OF   -  WHITE SUGAR PRODUCED BY THE REFINING OF PREFERENTIAL RAW SUGAR IN THE COMMUNITY ,   -  SYRUPS OBTAINED AFTER THE DISSOLVING OF PREFERENTIAL SUGAR IN THE COMMUNITY ,   -  SYRUPS OBTAINED DIRECTLY FROM PREFERENTIAL RAW SUGAR IN THE COMMUNITY .   THE MEMBER STATES SHALL , ACCORDING TO THE CIRCUMSTANCES , IMPOSE A LEVY :  ( A ) ON EACH SUGAR MANUFACTURER , AS APPROPRIATE :   -  BY UNIT OF WEIGHT OF SUGAR PRODUCED ,   -  BY UNIT OF WEIGHT OF SYRUPS REFERRED TO IN THE FIRST SUBPARAGRAPH , PRODUCED PRIOR TO THE CRYSTALLIZING STAGE AND MARKETED IN THEIR NATURAL STATE ;  ( B ) ON EACH IMPORTER OF PREFERENTIAL SUGAR , BY UNIT OF WEIGHT OF SUGAR IMPORTED AND MARKETED IN ITS NATURAL STATE ;  ( C ) ON EACH REFINER OF PREFERENTIAL SUGAR , BY UNIT OF WEIGHT OF REFINED SUGAR , THE MANUFACTURE OF SYRUPS OBTAINED DIRECTLY FROM PREFERENTIAL RAW SUGAR BEING REGARDED , FOR THE PURPOSES OF IMPOSING THE LEVY , AS REFINING .   THE AMOUNT OF THE REIMBURSEMENT SHALL BE THE SAME FOR THE ENTIRE COMMUNITY . THIS RULE SHALL ALSO APPLY IN RESPECT OF THE LEVY APPLICABLE IN EACH OF THE CASES REFERRED TO IN ( A ) ON THE ONE HAND AND ( B ) AND ( C ) ON THE OTHER HAND .   2 .  PARAGRAPH 1 SHALL NOT APPLY TO FLAVOURED OR COLOURED SUGAR FALLING WITHIN HEADING NO 17.01 NOR TO FLAVOURED OR COLOURED SYRUPS FALLING WITHIN SUBHEADING 21.07 F IV OF THE COMMON CUSTOMS TARIFF .   3 .  THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , SHALL :  ( A ) ADOPT THE GENERAL RULES FOR THE IMPLEMENTATION OF THIS ARTICLE ;  ( B ) FIX THE REIMBURSEMENT AMOUNT SIMULTANEOUSLY WITH THE DERIVED INTERVENTION PRICES .   THE AMOUNT OF THE LEVY SHALL BE FIXED ANNUALLY IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 36 . THE OTHER DETAILED RULES FOR IMPLEMENTATION OF THE PRESENT ARTICLE SHALL BE LAID DOWN IN ACCORDANCE WITH THE SAME PROCEDURE . '   ARTICLE 2   ARTICLE 38 ( 2A ) OF REGULATION ( EEC ) NO 3330/74 SHALL BE REPLACED BY THE FOLLOWING :   ' 2A .  BY WAY OF DEROGATION FROM PARAGRAPHS 1 AND 2 , DURING THE 1978/79 SUGAR YEAR THE AMOUNT REFERRED TO IN THE FIRST SUBPARAGRAPH OF PARAGRAPH 1 SHALL BE 11 UNITS OF ACCOUNT , A PORTION OF WHICH MAY BE GRANTED TO THE PROCESSING INDUSTRY . SUCH A GRANT SHALL BE MADE ONLY WITH RESPECT TO THE QUANTITY OF SUGAR BEET USED TO PRODUCE 1 400 000 TONNES OF WHITE SUGAR . '   ARTICLE 3   THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   IT SHALL APPLY FROM 1 JULY 1978 .   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