CELEX: 31977R1465
Language: en
Date: 1977-06-30 00:00:00
Title: Commission Regulation (EEC) No 1465/77 of 30 June 1977 amending Regulation (EEC) No 442/70 laying down detailed rules for the application of the system of offsetting storage costs for sugar

1 . 7. 77                                  Official Journal of the European Communities                             No L 162/ 1
                                                                   I
                                               (Acts whose publication is obligatory)
                                      COMMISSION REGULATION (EEC) No 1465/77
                                                           of 30 June 1977
               amending Regulation (EEC) No 442/70 laying down detailed rules for the application
                                       of the system of offsetting storage costs for sugar
 THE COMMISSION OF THE EUROPEAN                                       Whereas from 1 July 1977 the levy is no longer
 COMMUNITIES ,                                                         included in the intervention price ; whereas it should
                                                                      therefore be provided that the levy is no longer to be
                                                                      charged when the sugar is sold to an intervention
                                                                       agency but only when the sugar is resold by the
                                                                       agency ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                      Whereas sugar of different origins may be stored on
                                                                      the same premises ; whereas strict control measures
                                                                       should therefore be laid down in respect of sugar,
Having regard to Council Regulation (EEC) No                           qualifying under Article 8 of Regulation (EEC) No
3330/74 of 19 December 1974 on the common                             3330/74 ;
organization of the market in sugar (*), as last amended
by Regulation (EEC) No 1110/77 (2), and in particular                 Whereas the measures provided for in this Regulation
the second subparagraph of Article 8 (2) thereof,                      are in accordance with the opinion of the Management
                                                                       Committee for Sugar,
Whereas Commission Regulation (EEC) No 442/70
of 9 March 1970 laying down detailed rules for the ap­
                                                                       HAS ADOPTED THIS REGULATION :
plication of the system of offsetting storage costs for
sugar (3), as last amended by Regulation (EEC)
No 2836/76 (4), has hitherto been applicable only to
                                                                                              Article 1
sugar and to certain syrups produced from beet or
cane harvested in the Community ; whereas , as a                      Regulation (EEC) No 442/70 is amended as follows :
result of the extension with effect from 1 July 1977
to sugar imported under preferential conditions of the                  1 . The first indent of Article 1 (2) (b) is amended to
system of offsetting storage costs, Regulation (EEC)                        read as follows :
No 442/70 must be adapted so as to provide special
                                                                            '— one of whose main activities consists of
offsetting arrangements for such sugar ;
                                                                                 wholesale dealing in sugar and who purchases
                                                                                 a minimum quantity of 10 000 tonnes of
                                                                                 Community sugar and/or preferential sugar
Whereas the formulas used for converting raw sugar                               in each marketing year ;'.
into white sugar for the purpose of calculating the
reimbursement and levies should at the same time                        2 . Article 3 is amended to read as follows :
be harmonized ;
                                                                            'Article 3
                                                                            The amounts of the levies shall be fixed £er 100
o    OJ  No L 359 , 31 . 12 . 1974, p. 1 .                                  kilograms of white sugar. The reimbursement
(2)  OJ  No L 134, 28 . 5 . 1977 , p. 1 .                                   and the levies shall be applicable per 100 kilo­
(3)  OJ  No L 55 , 10. 3 . 1970, p. 10 .                                    grams of white sugar whatever the quality of
(4)  OJ  No L 326, 25 . 11 . 1976 , p. 15 .                                 the white sugar in question.'
 ---pagebreak--- No L 162/2                            Official Journal of the European Communities                                 1 . 7. 77
3. Article 4 (1 ) is amended to read as follows :                     1 c. In respect of stocks of sugar held by the
                                                                      intervention agencies the levy shall become
    'For purposes of the calculation of the reimburse­                payable by such agencies on the sale of the
    ment and levies applicable to raw sugar the latter                sugar.'
    shall be converted into white sugar equivalent
    according to one of the following methods at
    the choice of the Member State concerned :                    8 . A further paragraph as follows is added to Article
                                                                      9:
    (a) on the basis of its yield as ascertained accord­
          ing to the provisions of Article 1 of Regu­                 '7. The sale of white or raw sugar to an interven­
          lation (EEC) No 431/68 ( x) ; or                            tion agency shall not be regarded as disposal
     (b) — for raw cane sugar by multiplying the                      within the meaning of paragraph 1 .'
              quantity of raw sugar by the factor 0-96,
              or                                                  9. The following words are added at the end of
          — for raw beet sugar by multiplying the                     Article 10 ( 1 ) (b) :
              quantity of raw sugar by the factor 0-92.
                                                                      ' and between Community sugar and preferential
          The method chosen by an individual Member                   sugar.'
          State shall remain unchanged during a given
          sugar marketing year.
                                                                 10. Further paragraphs as follows are inserted in
                                                                      Article 10 as paragraphs la and lb :
    H OJ No L 89 , 10. 4. 1968 , p. 3 .'
                                                                      ' la . If the notified stock at the end of a month
                                                                      differs from the stock at the beginning of the
4. Article 4 (2) is deleted .                                         following month particulars of the latter shall be
                                                                      communicated separately.
5 . An Article 6a as follows is inserted :                            lb. All claimants for reimbursement who store
                                                                      in the same premises both sugar eligible for
     'Article 6a                                                      reimbursement and sugar not so eligible shall
                                                                      provide proof that the former is in fact eligible
    Preferential sugar in respect of which customs                    for reimbursement. The same shall apply mutatis
     formalities on importation have been completed                   mutandis as regards the levy.
     and which is thereafter stored in approved
     premises shall be eligible for the reimbursement                 In such cases, the Member State concerned shall
     of storage costs .'                                              place the sugar in question under customs control
                                                                      or under an administrative control offering equi­
6. The first sentence of Article 9 ( 1 ) is amended to                valent safeguards.'
     read as follows :
     'The levy shall be payable in respect of products           11 . In Article 10 (2) the words 'and broken down
     as referred to in Article 8 ( 1 ) (a) of Regulation              according to the provisions of Article 9 (2)' are
     (EEC) No 3330/74 which are disposed of.'                         deleted .
7. Further paragraphs as follows are inserted in                 12. Further paragraphs as follows are inserted in
     Article 9 as paragraphs la , lb and 1 c :                        Article 10 as paragraphs 2a and 2b :
     ' la . In respect of preferential sugar as referred to
     in Article 8 ( 1 ) (b) of Regulation (EEC) No 3330/              '2a. Each importer of preferential sugar which
     74 the levy shall be payable on importation . The                is disposed of in the natural state shall communi­
     day of importation shall be the day on which                     cate, at the same time as the information referred
     customs formalities on importation are completed .               to paragraph 1 , particulars of the quantities of
                                                                      sugar as referred to in paragraph la of Article .
      lb. In respect of preferential sugar as referred to             9 imported during the preceding month.
     in Article 8 ( 1 ) (c) of Regulation (EEC) No
     3330/74 the levy shall be payable, in so far as it               2b. Each refiner of preferential sugar shall
      has not already become payable, at the end of                    communicate, at the same time as the information
      the month during which the sugar is refined.                     referred to in paragraph 1 , particulars of the
 ---pagebreak--- 1 . 7. 77                          Official Journal of the European Communities                         No L 162/3
      quantities of sugar as referred to in paragraph                               Article 2
       lb of Article 9 refined during the preceding
      month.'                                                 This Regulation shall enter into force on 1 July 1977.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 30 June 1977.
                                                                           For the Commission
                                                                           Finn GUNDELACH
                                                                              Vice-President