CELEX: 31973R0223
Language: en
Date: 1973-01-31
Title: Regulation (EEC) No 223/73 of the Council of 31 January 1973 laying down general rules to ensure the proper functioning of the common organization of the market in sugar following the Accession of the new Member States

No L 27/6                               Official Journal of the European Communities                                 1 . 2 . 73
                                 REGULATION (EEC) No 223 /73 OF THE COUNCIL
                                                      of 31 January 1973
               laying down general rules to ensure the proper functioning of the common organization
                       of the market in sugar following the Accession of the new Member States
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas the effect of applying the first subparagraph
                                                                   of Article 55 (6) of the Act would be to make sugar
                                                                   imports into the United Kingdom from the other
Having regard to the Treaty establishing the                       Member States of the Community more expensive
European Economic Community ;                                      than sugar from the exporting countries covered by
                                                                   the Commonwealth Sugar Agreement; whereas,
                                                                   therefore, in order to avoid distortion of competition
Having regard to the Treaty concerning the                         and having regard to the large amount of sugar
Accession of new Member States to the European                     covered by Protocol No 17 annexed to the Act, it is
Economic Community and the European Atomic                         essential to invoke the second subparagraph of
Energy Community (*), signed at Brussels on 22                     Article 55 (6) of the Act in respect of the products
January 1972, and in particular the second                         listed in Article 1 of Council Regulation No
subparagraph of Article 55 (6) and Article 62 ( 1 ) of             1009/67/EEC (2 ) of 18 December 1967 on the
the Act annexed thereto ;                                          common organization of the market in sugar, as last
                                                                   amended by Regulation (EEC) 174/73 (3);
Having regard to the proposal from the Commission ;
                                                                   HAS ADOPTED THIS REGULATION :
Whereas Article 56 of the abovementioned Act
prpvides that appropriate measures may be taken                                                Article 1
with a view to ensuring the proper functioning of the
common organization of the market, in particular if
the refund on exports of a product to third countries               1.     If, in respect of an export of one of the
                                                                    products listed in Article 1 ( 1 ) (a) and (d ) of
is less than the compensatory amount or if no refund
                                                                   Regulation No 1009/67/EEC :
is applicable ; whereas such a situation is likely to
arise in the case of sugar ;                                       — the refund on exports to third countries is less
                                                                         than the compensatory amount, or
Whereas      the    effect    of    the     situation  under
                                                                   — no refund on exports to third countries is
consideration would be to cause operators to export                      applicable,
from the territory of certain new Member States
sugar produced within the Community as originally
constituted in order to benefit from the compensatory              the exporting Member State which applies
amount granted pursuant to Article 55 of the Act;                  compensatory amounts on trade with a third country
whereas the most suitable means of preventing the                  shall charge a compensatory levy on exports of the
proper functioning of the common organization of                   said products, with the exception of sugar exported
the sugar market from being disturbed by deflection                pursuant to the provisions referred to in Article 25 of
                                                                   Regulation 1009/67/EEC.
in trade is to provide for the charge of a
compensatory levy on exports ;
                                                                   2. The compensatory levy to be charged on
Whereas, moreover, by virtue of Protocol No 17                     exports shall be equal :
annexed to the Act, sugar imported into the United                  ( a) where the first indent of paragraph 1 applies :
Kingdom        under the Commonwealth Sugar
Agreement will always be available on the United                          — to the difference between the compensatory
Kingdom market at the marketing price irrespective                            amount applicable on the day when the
of any fluctuations in world market prices ; whereas                          product concerned is exported and the refund
imports from other third countries are negligible ;
                                                                    (2 ) OJ No 308 , 18 . 12. 1967, p. 1 .
 (*) OJ Special Edition, 27. 3 . 1972, p. 5.                        (3) OJ No L 25, 30. 1 . 1973 , p . 1 .
 ---pagebreak--- 1 . 2. 73                               Official Journal of the European Communities                              No L 27/7
          applicable to the export in question in the              covered by Council Regulation (EEC) No 804/68 (*)
          case of one of the products listed in Article 1          of 27 June 1968 on the common organization of the
          ( 1 ) ( a) of Regulation No 1009/67/EEC ;                market in milk and milk products, as last amended
                                                                   by the Act, Council Regulation (EEC) No 865 /68 (2)
      — to the result of multiplying the difference                of 28 June 1968 on the common organization of the
          between the basic compensatory amount                    market in products processed from fruit and
          applicable on the day when the product                   vegetables, as last amended by the Act, and
          concerned is exported and the basic amount               Council Regulation (EEC) No 2682/72 (3) of 12
          of the export refund in question, by the                 December 1972 laying down general rules for
          sucrose content including the content of other           granting export refunds on certain agricultural
          sugar expressed in sucrose of the said product,          products exported in the form of goods not covered
          in the case of one of the products listed in             by Annex II to the Treaty, and the criteria for fixing
          Article 1 ( 1 ) (d) of the abovementioned                the amount of such refunds .
          Regulation ;
                                                                   4.    The rules for the application of this Article and
(b ) where the second indent of paragraph 1 applies :              in particular the list of products set out ii? paragraph
      — to the compensatory amount applicable on                   3 shall be adopted in accordance with the procedure
          the day when the product concerned is                    provided for in Article 40 of Regulation No
          exported in the case of one of the products              1009/67/EEC and in the corresponding Articles of
          listed in Article 1 ( 1 ) ( a) of Regulation No          Regulations (EEC) No 804/68 and (EEC) No 865/68 .
           1009/67/EEC ;
      — to the result of multiplying the basic                                                Article 2
          compensatory amount applicable on the day
          when the product concerned is exported by                The first subparagraph of Article 55 (6) of the Act
          the sucrose content including the content of             shall not apply to sugar.
          other sugar expressed in sucrose of the said
          product in the case of products listed in
          Article 1 ( 1 ) (d) of the abovementioned                                           Article 3
          Regulation.
                                                                   This Regulation shall enter into force on the day of
3 . Paragraphs 1 and 2 shall also apply, where                     its publication in the Official Journal of the
necessary, to the sugar content of the products                    European Communities.
                   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 L 148, 28 . 6. 1968, p . 13 .
                                                                    (2) OJ No L 153 , 1 . 7. 1968 , p . 8 .
                                                                    (3) OJ No L 289, 27. 12. 1972, p . 13 .