CELEX: 31981R0908
Language: en
Date: 1981-04-04 00:00:00
Title: Commission Regulation (EEC) No 908/81 of 3 April 1981 on the advance fixing of monetary compensatory amounts in the tender system for the export of sugar

4. 4. 81                                     Official Journal of the European Communities                            No L 91 /9
                                        COMMISSION REGULATION (EEC) No 908/81
                                                             of 3 April 1981
                on the advance fixing of monetary compensatory amounts in the tender system
                                                         for the export of sugar
THE COMMISSION OF THE EUROPEAN                                          last amended by Regulation (EEC) No 3274/80 (7), and
COMMUNITIES,                                                            pursuant to Commission Regulation (EEC) No
                                                                        1216/80 of 14 May 1980 on a standing invitation to
                                                                        tender in order to determine levies and/or refunds on
Having regard to the Treaty establishing the European                   exports of raw beet sugar (8), as last amended by Regu­
Economic Community,                                                     lation (EEC) No 3274/80, and pursuant to Commis­
                                                                        sion Regulation (EEC) No 63/81 of 9 January 1981 on
Having regard to Council Regulation (EEC) No                            an invitation to tender for levies or refunds on exports
                                                                        of white sugar to Poland (9), and pursuant to Commis­
974/71 of 12 May 1971 on certain measures of
conjunctural policy to be taken in agriculture                          sion Regulation (EEC) No 199/81 of 27 January 1981
                                                                        on a standing invitation to tender in order to
following the temporary widening of the margins of
fluctuation for the currencies of certain Member                        determine levies and/or refunds on exports of raw
States ( !), as last amended by Regulation (EEC) No                     cane sugar produced in the French overseas depart­
1 523/80 (2), and in particular Article 6 thereof,                      ments ( 10), could be seriously prejudicial to Commu­
                                                                        nity management of this sector ;
Having regard to Council Regulation (EEC) No                            Whereas the most appropriate measure to avoid all
878/77 of 26 April 1977 on the exchange rates to be                     risk of disadvantage consists in providing for the
applied in agriculture (3), as last amended by Regula­                  persons concerned the possibility of advance fixing of
tion (EEC) No 850/81 (4), and in particular Article 5                   the monetary compensatory amounts referred to in
thereof,                                                                Article 1 (2) of Commission Regulation (EEC) No
                                                                        243/78 of 1 February 1978 establishing the advance
                                                                        fixing of monetary compensatory amounts ( n ), as
Whereas Regulation (EEC) No 878 /77 has brought                         amended by Regulation (EEC) No 1544/78 ( 12 ), after
into operation the provisions of Council Regulation                     the issue of the export licences in question in respect
(EEC) No 1134/68 of 30 July 1968 laying down rules                      of the tenders referred to in Regulations (EEC) No
for the implementation of Regulation (EEC) No                           561 /80, (EEC) No 1216/80, (EEC) No 63/81 and
653/68 on conditions for alterations to the value of
                                                                        (EEC) No 199/ 81 held before the date of application
the unit of account used for the common agricultural                    of this Regulation for exports to be effected on or
policy (5) ; whereas in certain cases Regulation (EEC)                  after that date ; whereas, therefore, in accordance with
No 1134/68 provides in particular that any person                       the second subparagraph of Article 4 (2) of Regulation
who has obtained advance fixing for a specific transac­                 (EEC) No 878 /77, the right to cancel certificates may
tion may, on request, obtain cancellation of the                         no longer be exercised ;
advance fixing and of the relevant document or certifi­
cate ; whereas Article 4 (2) of Regulation (EEC) No
878 /77 provides, however, that the second subpara­                     Whereas the measures provided for in this Regulation
graph of Article 4 ( 1 ) of Regulation (EEC) No 1 134/68                are in accordance with the opinion of the Manage­
applies only if the application of the new representa­                  ment Committee for Sugar,
tive rates is disadvantageous to the person concerned ;
whereas it provides also that the disadvantage may be
compensated for by an appropriate measure ;
                                                                         HAS ADOPTED THIS REGULATION :
Whereas any large-scale cancellation in the sugar
sector of valid export licences issued following partial
 invitations to tender held pursuant to Commission                                                  Article 1
 Regulation (EEC) No 561 /80 of 5 March 1980 on a
standing invitation to tender in order to determine                      Under the conditions laid down in this Regulation
 levies and/or refunds on exports of white sugar (6), as                 and by way of derogation from the first subparagraph
 (•)  OJ No   L 106, 12. 5. 1971 , p . 1 .                               (7) OJ No L 343, 18 . 12. 1980, p. 13.
 (2 ) OJ No   L 152, 20 . 6. 1980 , p . 1 .                              (8) OJ No L 122, 15. 5. 1980, p. 29 .
 (3 ) OJ No   L 106, 29 . 4. 1977, p . 27.                               (9) OJ No L 10, 10. 1 . 1981 , p. 6.
 (<)  OJ No   L 90, 4 . 4. 1981 , p . 1 .                                ( 10) OJ No L 24, 28 . 1 . 1981 , p. 8 .
 (5 ) OJ No   L 188 , 1 . 8 . 1968 , p . 1 .                             (") OJ No L 37, 7 . 2. 1978 , p. 5 .
 h) OJ No L 61 , 6. 3. 1980, p. 29.                                      ( 12) OJ No L 182, 5. 7. 1978, p. 7.
 ---pagebreak--- No L 91 / 10                       Official Journal of the European Communities                                4. 4. 81
of Article 3 ( 1 ) of Regulation (EEC) No 243/78 the          force on the last day of the period for the submission
request for advance fixing of the monetary compensa­          of offers for the partial invitation to tender in respect
tory amounts referred to in Article 1 (2) of that Regula­     of which the export licence was issued.
tion may be lodged after the request for the sugar
export licence concerned.                                     This request must be lodged with the authority which
                                                              issued the licence within two weeks following the date
                        Article 2                             on which this Regulation applies.
The provisions of Article 1 shall apply to the quanti­
                                                                                       Article 4
ties of sugar exported under cover of licences :
(a) delivered in respect of partial invitations to tender     Notwithstanding the use of the facility provided for in
    held before the date of application of this Regula­       Article 1 , the right to cancellation provided for in the
    tion pursuant to Regulations (EEC) No 561 /80,            last subparagraph of Article 4 ( 1 ) of Regulation (EEC)
    (EEC) No 1216/80, (EEC) No 63/81 and (EEC) No             No 1134/68 may not be exercised in respect of the
     199/ 81 ;                                                export licences referred to in Article 2.
(b) in respect of which the customs formalities of
    exportation are completed on or after the date of                                  Article 5
    application of this Regulation ;
(c) in respect of which the person concerned has not          This Regulation shall enter into force on the day of its
    used advance fixing of monetary compensatory              publication in the Official Journal of the European
    amounts for the exportation in question .                 Communities.
                        Article 3                             It shall apply with effect from the date of the entry
                                                              into force of the alteration in the representative rates
The request for advance fixing referred to in Article 1       referred to in Article 2 of Regulation (EEC) No
shall relate to the monetary compensatory amounts in          878 /77.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 3 April 1981 .
                                                                        For the Commission
                                                                           Poul DALSAGER
                                                                    Member of the Commission