CELEX: 31977R0101
Language: en
Date: 1977-01-19 00:00:00
Title: Commission Regulation (EEC) No 101/77 of 19 January 1977 amending Regulation (EEC) No 572/76 fixing monetary compensatory amounts, with special reference to sugar

20 . 1 . 77                                 Official Journal of the European Communities                           No L 17/ 11
                                        COMMISSION REGULATION (EEC) No 101 /77
                                                           of 19 January 1977
                  amending Regulation (EEC) No 572/76 fixing monetary compensatory amounts,
                                                     with special reference to sugar
 THE COMMISSION OF THE EUROPEAN                                         application should be restricted to cases where a
 COMMUNITIES,                                                           compensatory amount is levied on exportation ;
 Having regard to the Treaty establishing the European                  Whereas Regulation (EEC) No 572/76 also provides
 Economic Community,                                                    for the non-application of monetary compensatory
 Having regard to Council Regulation (EEC) No                           amounts for certain exports of sugar ; whereas the
 974/71 of 12 May 1971 on certain measures of                           arrangements applicable to those exports have
 conjunctura! policy to be taken in agriculture                         expired ; whereas references to them should therefore
 following the temporary widening of the margins of                     be omitted from the Regulation ;
 fluctuation      for   the    currencies    of certain   Member
                                                                        Whereas the measures provided for in this Regulation
 States ( ! ), as last amended by Regulation (EEC) No                   are in accordance with the opinion of the Manage­
 557/76 (2), and in particular Article 6 thereof,                       ment Committee for Sugar,
 Whereas it is laid down in Part 7 of Annex I to
 Commission Regulation (EEC) No 572/76 of 15                            HAS ADOPTED THIS REGULATION :
 March 1976 fixing the monetary compensatory
 amounts and certain rates for their application (3), as                                         Article 1
 last amended by Regulation (EEC) No 8 1 /77 (4), that
 no monetary compensatory amount is to be applied to                    Footnote (') to Part 7 of Annex I to Regulation (EEC)
 sugar exported pursuant to Article 26 of Council Regu­                 No 572/76 is amended to read as follows :
 lation (EEC) No 3330/74 of 19 December 1974 on
 the common organization of the market in sugar (5), as                     (') No monetary compensatory amount shall be
 last amended by Regulation (EEC) No 3 1 38/76 (6) ;                            applied to sugar exported to non-member coun­
                                                                                tries pursuant to Article 26 of Regulation (EEC)
 Whereas the exportation of such sugar, produced                                No 3330 /74. It shall be levied, however, where
 during a given sugar marketing year in excess of the                           the customs export formalities are completed in
 maximum quota of the undertaking, may give rise to                             a Member State other than that in which the
 deflections of trade since it may be replaced in intra­                        export licence was issued.'
 Community trade by sugar which has been produced
within the limits of the quota and is thus subject to                                            Article 2
 the application of compensatory amounts ; whereas an
 operator who engages in such deflections benefits                      This Regulation shall enter into force on the day of its
 therefrom unfairly ;                                                   publication in the Official Journal of the European
                                                                        Communities.
Whereas, in order to prevent such practices, compensa­
 tory amounts should therefore be applied to such                       However, it shall not apply to exports effected on the
 sugar where it is exported from a Member State other                   basis of licences issued before the date of entry into
 than that in which it was produced and that such                       force of this Regulation .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 19 January 1977.
                                                                                   For the Commission
                                                                                    Finn GUNDELACH
                                                                                       Vice-President
(■)  OJ  No    L 106, 12 . 5 . 1971 , p. 1 .
(2)  OJ  No    L 67, 15 . 3 . 1976, p. 1 .
(3 ) OJ  No    L 68 , 15 . 3 . 1976, p. 5 .
(4)  OJ  No    L 14, 17 . 1 . 1977, p. 5 .
(5)  OJ  No    L 359, 31 . 12 . 1974, p. 1 .
(6)  OJ  No    L 354, 24 . 12. 1976, p. 1 .