CELEX: 31971R2417
Language: en
Date: 1971-11-10 00:00:00
Title: Regulation (EEC) No 2417/71 of the Commission of 10 November 1971 amending Regulation (EEC) No 1280/71 in particular as regards the standard amounts fixed by that Regulation

948                                 Official Journal of the European Communities
   No L 250/30                         Official Journal of the European Communities                              11.11.71
                                 REGULATION (EEC) No 2417/71 OF THE COMMISSION
                                                     of 10 November 1971
                  amending Regulation (EEC) No 1280/71 in particular as regards the standard amounts
                                                   fixed by that Regulation
  THE    COMMISSION         OF    THE  EUROPEAN       COM­        Whereas the measures provided for in this Regulation
   MUNITIES,                                                       are in accordance with the Opinion of the
                                                                  Management Committee for Sugar;
  Having regard to the Treaty establishing the
   European Economic Community ;                                  HAS ADOPTED THIS REGULATION :
  Having regard to Council Regulation No
   1009/67/EEC1 of 18 December 1967 on the common                                         Article 1
   organisation of the market in sugar, as last amended
   by Regulation (EEC) No 1060/71 ,2 and in particular            The following paragraph 4 shall- be added to Article
  Article 9 ( 8 ) thereof;                                        1 of Regulation (EEC) No 1280/71 :
                                                                      '4.    Approval shall be given or withdrawn by
 Whereas Commission Regulation (EEC) No 1280/713                       the intervention agency.'
  of 18 June 1971 laying down detailed rules of
  application for the buying-in of sugar by intervention
" agencies fixes standard amounts for the costs of                                        Article -2
  storage and of various types of packaging which are
  borne by the intervention agencies ; whereas, since             The following Article 3 a shall be inserted in
  these amounts have remained the same for several                Regulation (EEC) No 1280/71 :
 years, some of the amounts should be altered in view
  of increases in the actual costs ;                                  'Article 3 a
                                                                      Only sugar which has not previously been the
 Whereas the costs to be borne by the intervention                    object of intervention buying may be offered for
  agency, where it requires certain types of packaging,               intervention .'
  are fixed at a flat rate for bags in a perfect condition ;
  whereas therefore in the case of a storage contract
  with the offerer provision should be made for these                                     Article 3
  costs to be paid, when the state of the bags has been
 ascertained, at the same time as the balance of the              The following paragraph 3 shall be added to Article
  payment for the sugar in question ;                             5 of Regulation (EEC) No 1280/71 :
 Whereas experience has shown that the intervention                   '3 . The offer shall be accompanied by a
  agencies may be faced with an offer of sugar which                  declaration from the offerer certifying that the
 has already been the object of intervention buying;                  sugar in question has not previously been the
 whereas the acceptance of such an offer may endanger                 object of intervention buying.'
 the very principle of intervention buying ; whereas
 therefore such a practice must be prevented ;.
                                                                                          Article 4
  1 OJ No 308, 18.12.1967, p. 1 .                                 The following shall be substituted for the first indent
  2 OJ No L 115 , 27.5.1971 , p . 16 .                            of the second subparagraph of Article 6 (2) of
  3 OJ No L 133, 19.6.1971, p . 34.                               Regulation (EEC) No 1280/71 :
 ---pagebreak---                                   Official Journal of the European Communities                                       949
   'if examination shows that one of the requisite                                     Article 7
   conditions has not been fulfilled, in particular
   that the sugar offered has already been the object        In (a) and (b) of the second subparagraph of Article
   of intervention buying.'                                  17 (3 ) of Regulation (EEC) No 1280/71 , the words
                                                             '0-66 units of account' and ' 0-88 units of account'
                                                             shall be substituted for the words ' 0-60 units of
                        Article 5                            account' and '0-80 units of account' respectively.
The following shall be substituted for the second                                      Article 8
subparagraph of Article 7 (4) of Regulation (EEC)
No 1280/71 :                                                 The following shall be substituted for Article
                                                             21 (2) (c) of Regulation (EEC) No 1280/71 :
   'The storage costs shall be fixed at a flat rate of
   0-018 units of account per 100 kilogrammes per                 '(c) in Article 14 ( 1 ) of the Regulation referred to
   ten-day period. The intervention agency may                          in (b), the words :
   however increase or decrease this amount by 35 %                     — "of Article 18 of Regulation (EEC) No
   and, in special circumstances, increase it by a                          1280/71 " shall be substituted for the
   maximum of 50% .'                                                        words : "of Article 15 of Regulation
                                                                            (EEC) No 782/68 ",
                                                                        — " of Article 13 " shall be substituted for
                        Article 6                                           the words "of Article 12";
                                                                   (d) in Article 14 (3 ) of the Regulation referred to
The following shall be substituted for the first                        in (b), the words :
subparagraph of Article 15 (2) of Regulation (EEC)
No 1280/71 :                                                            — "of Article 18 " shall be substituted for
                                                                            the words "of Article 15 ",
   'Where a storage contract has been concluded, the                    — "of Article 14" shall be substituted for
   intervention agency shall, within eight weeks                            the words "of Article 13 ".'
   from the date of submission of the offer, make a
   provisional payment of an amount established on
   the basis of the information appearing in the offer                                  Article 9
   and the buying-in price. Any packaging costs shall
   be paid, when the state of the bags has been              This Regulation shall enter into force on the day
    ascertained, at the same time as the balance of the       following its publication in the Official Journal of the
   payment.'                                                  European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 10 November 1971 .
                                                                                    For the Commission
                                                                                       The President
                                                                                   Franco M. MALFATTI