CELEX: 31974R0834
Language: en
Date: 1974-04-05 00:00:00
Title: Regulation (EEC) No 834/74 of the Commission of 5 April 1974 laying down requisite provisions to prevent the sugar market being disturbed as a result of the price increase in this sector for the 1974/75 sugar marketing year

9. 4. 74                                Official Journal of the European Communities                          No L 99 / 15
                            REGULATION (EEC) No 834/74 OF THE COMMISSION
                                                        of 5 April 1974
              laying down requisite provisions to prevent the sugar market being disturbed as
               a result of the price increase in this sector for the 1974/75 sugar marketing year
THE COMMISSION OF THE EUROPEAN                                     during the two periods abovementioned ; whereas the
COMMUNITIES,                                                       amount of this levy has been fixed for the 1973/74
                                                                   sugar marketing year by Commission Regulation
Having regard to the Treaty establishing the European              (EEC) No 1755/73 (7) of 29 June 1973 ;
Economic Community ;
Having regard to Council Regulation No 1009/                       Whereas at present it is convenient only to make
67/EEC (1) of 18 December 1967 on the common                       provision for the variation for the period before 1 July
organization of the market in sugar, at last amended               1974 and to fix the variation for the subsequent
by Regulation (EEC) No 1928/73 (2) and in particular               period at the same time as the amounts applicable for
Articles 37 (2) and 38 thereof ;                                   the 1974/75 sugar marketing year under the system of
                                                                   offsetting storage costs are fixed ;
Having regard to Council Regulation (EEC) No
206/68 (3) of 20 February 1968 laying down outline
provisions for contracts and inter-trade agreements on             Whereas it is necessary to prevent fictitious sales,
the purchase of beet, at last amended by the Act (4),              which could be contrary to the objective pursued ;
annexed to the Treaty concerning the Accession of
new Member States to the European Economic                         Whereas an adequate solution must be envisaged for
Community and the European Atomic Energy                           refiners, as they are not obliged to pay the levy on
Community, and in particular Article 11 ;                          stocks of raw sugar ; whereas this objective may be
                                                                   met by the payment to the supplier of the basic
Having regard to Council Regulation (EEC) No                       product of a reasonable amount which, taking into
974/71 (5) of 12 May 1971 on certain measures of                   account a reimbursement to the beet grower, should
conjunctural policy to be taken in agriculture                     be established on the basis of the increased values by
following the temporary widening of the margins of                 a raw sugar manufacturer on the one hand and by a
fluctuation   for the     currencies     of certain  Member
                                                                   refinery on the other ; whereas it is necessary to
States, at last amended by Regulation (EEC) No                     provide at the same time for the payment of an
3450/73 (6), and in particular Article 6 ;                         amount by the raw sugar manufacturer to the beet
Whereas the Council has decided to fix the interven­               grower in question ;
tion price for the 1974/75 sugar marketing year at a
level 7 % higher than the price which was applicable               Whereas it is necessary to adapt the communications
during the 1973/74 sugar marketing year ; whereas                  from Member States and manufacturers taking into
that increase is liable to disturb the market in sugar ;           account the amendments to the system of offsetting
whereas Article 37 (2) of Regulation No 1009/67/EEC                storage costs ;
provides that the provisions necessary to prevent such
a disturbance may be adopted in accordance with the
procedure laid down in Article 40 of the said Regula­              Whereas the increase in Italy of the prices of sugar
tion ;                                                             expressed in Italian lira resulting from the exchange
                                                                   rate to be applied for the Italian lira in the sugar
Whereas it is essential to adopt provisions which are              sector is appreciably higher than the Community
effective and yet involve no risk of distortion of                 increase ; whereas it is absolutely necessary to prevent
competition within the Community and without                       disturbances on the Community market on the one
requiring too complicated measures of management                   hand by providing a reduction of the monetary
or control at national level ; whereas a variation of the          compensatory amounts for sugar imported before 1
amount of levy for offsetting storage costs for a period           Jjuly 1974 and marketed for consumption from this
before and after 1 July 1974 can meet these objec­                 date and on the other hand by requiring Italy to adopt
tives, if this variation         results in     manufacturers'     national measures on its market ; whereas these
incomes from sugar sales being increased successively              national measures must result in the removal of any
                                                                    incentive to excessive stocking of sugar before 1 July
(>) OJ  No  308, 18 . 12. 1967, p. 1 .                              1974 ; whereas it is convenient to provide for a
(2) OJ  No  L 199, 19. 7. 1973, p. 7.                              communication of these measures by a date which
P)  OJ  No  L 47, 23 . 2. 1968 , p. 1 .
(*) OJ  No  L 73, 27. 3 . 1972, p. 14.                              permits further Community intervention if necessary ;
(*) OJ  No  L 106, 12. 5. 1971 , p. 1 .
(') OJ  No  L 353, 22. 12. 1973, p. 25.                            (7) OJ No L 176, 30 . 6. 1973, p. 73 .
 ---pagebreak--- No L 99/ 16                           Official Journal of the European Communities                                  9 . 4. 74
Whereas the measures provided for in this Regulation                                        Article 4
are in accordance with the Opinion of the Manage­
ment Committee for Sugar,                                        1 . The communications referred to in Article 1 (4)
                                                                 of Commission Regulation (EEC) No 1087/69 (!) of
                                                                 11 June 1969, on communications from Member
                                                                 States concerning sugar, as last amended by Regula­
HAS ADOPTED THIS REGULATION :                                    tion (EEC) No 700/73 (2) shall from 1 April 1974 be
                                                                 made as follows :
                           Article 1                            (a) the quantities for which the levy referred to in
                                                                      Article 1 ( 1 ) is to be paid ;
1 . By way of derogation from Regulation (EEC) No               (b) the quantities for which the levy referred to in
1755/73, the amount of the levy referred to in Article                Article 1 (2) is to be paid ; those quantities shall be
8 of Regulation No 1009/67/EEC shall, from 15 April                   notified separately according to whether they refer
1974, be fixed at 1-35 units of account per 100 kilo­                 to the levies under (a), (b) or (c).
grammes of white sugar.
                                                                 2.     At the same time as the communication referred
2. However, upon an application from the person                  to in Article 10 (2) of Regulation (EEC) No 442/70,
concerned and after he has proved that the sugar is              the manufacturer shall notify for the month of April
marketed in accordance with Article 9 ( 1 ) under (a),           1974 the quantities marketed on the one hand from 1
(b), (d), (e), (f) or (g) of Regulation (EEC) No 442/70,         to 14 April and on the other hand from 15 to 30
the amount referred to in paragraph 1 shall be                   April.
replaced by the following :
(a) 0-80 units of account from 15 April 1974 ;
                                                                                            Article 5
(b) 0-65 units of account during the month of May
      1974 ;                                                     On sugar imported before 1 July 1974,. Italy shall not
                                                                 grant the monetary compensatory amount applicable
(c) 0-55 units of account during the month of June               on the day of importation until the person concerned
      1974 .
                                                                 has proved that the sugar in question is marketed for
                                                                 consumption before this date. As regards sugar
                                                                 imported before 1 July 1974 but marketed for
                           Article 2                             consumption from this date, this compensatory
                                                                 amount shall be reduced by 1 903 Italian lira per 100
Enterprises which refine raw sugar and which have in             kilogrammes of white sugar and by 1 619 Italian lira
stock at 00.00 hours on 1 July 1974 :                            per 100 kilogrammes of raw sugar.
— purchased raw sugar and/or
— white sugar or syrups, manufactured from a                                                Article 6
      purchased raw sugar,
                                                                  1 . Italy shall take national measures to prevent
which are in free circulation, shall pay to the sellers of       disturbances on the market resulting from the
 the raw sugar an amount which is equitable by                    increase on 1 July 1974 in the price of sugar
comparison with the increase in the prices fixed at the          expressed in Italian lira. These provisions shall consist
 Community level . This amount shall not be less than             in particular of a payment to beet growers of the
 1 *25 units of account per 100 kilogrammes of white              increased value of stocks .
 sugar.
                                                                  2.    The measures referred to in Article which have
The Member States shall take the measures needed to
                                                                  been adopted or are to be adopted shall be communi­
 enforce the provisions referred to in the previous               cated in writing to the Commission before 5 June
 subparagraph.                                                    1974.
                            Article 3                                                       Article 7
 1 . Each manufacturer of raw beet sugar shall pay to             This Regulation shall enter into force on the day
 the beet growers a part of the amount referred to                following its publication in the Official Journal of
 Article 2, not less than 0-75 unit of account.                   the European Communities.
 2. An inter-trade agreement may derogate from the                (!) OJ No L 140, 12. 6. 1969, p. 15 .
 provisions of paragraph 1 .                                      O OJ No L 67, 14. 3 . 1973 , p . 12.
 ---pagebreak--- 9 . 4. 74                    Official Journal of the European Communities                        No L 99/ 17
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 5 April 1974.
                                                                 For the Commission
                                                                     The President
                                                                Francois-Xavier ORTOLI