CELEX: 31976R2836
Language: en
Date: 1976-11-24 00:00:00
Title: Commission Regulation (EEC) No 2836/76 of 24 November 1976 supplementing Regulation (EEC) No 442/70 laying down detailed rules for the application of the system of offsetting storage costs for sugar

25 . 11 . 76                             Official Journal of the European Communities                          No L 326/ 15
                                      COMMISSION REGULATION (EEC) No 2836/76
                                                       of 24 November 1976
                supplementing 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                                           ingly. In the case of a shortfall such adjustment
  COMMUNITIES,                                                            shall be retrospective, with effect from the
                                                                          preceding 1 November.
  Having regard to the Treaty establishing the European
  Economic Community,
                                                                          In the case of a surplus, the adjustment shall be
  Having regard to Council Regulation (EEC) No
 3330/74 of 19 December 1974 on the common organi­                        — effective from the month in which the surplus
  zation of the market in sugar (J), as last amended by                       is discovered, as regards surpluses discovered
  Regulation (EEC) No 1487/76 (2), and in particular the                      between 1 October and 31 January ;
 second subparagraph of Article 8 (2) thereof,                            — retrospective with effect from the previous 1
                                                                              February as regards surpluses discovered
 Whereas Article 9 (2) of Commission Regulation                               between 1 February and 30 September.
 (EEC) No 442/70 of 9 March 1970 laying down
 detailed rules for the application of the system of
 offsetting storage costs for sugar (3), as last amended by               The dates referred to in the preceding subpara­
 Regulation (EEC) No 1 688/74 (4), at present makes no                   graphs shall be deferred by three months in
 provision for taking shortfalls or surplus quantities                    respect of the French departments of Guadeloupe
 into account when calculating the reimbursement of                       and Martinique.
 storage costs ; whereas to this end the methods already
 applied by the Member States in this respect should                      If, however, it is possible to establish the precise
 be harmonized ;                                                          date when the discrepancy in question first arose,
                                                                          then that shall be the date by reference to which
 Whereas it is economically desirable to extend the                       the adjustment is made.
 term 'approved warehouse of the manufacturer' to
 cover rented warehouses, provided these are approved
                                                                          5. For the purposes of paragraph 1 the expres­
 by the Member State concerned and subject to prior                      sion 'approved warehouse of the manufacturer
 consent by that Member State, save in cases where the                   shall also cover a warehouse rented from another
 processing contract under which the warehouse is                         manufacturer in which is stored sugar processed
 rented has already been approved under Article 3 (2)                    by the latter under a contract as referred to in
 (a) of Commission Regulation (EEC) No 700/73 of 12                      Article 3 (2) of Regulation (EEC) No 700/73.
 March 1973 laying down certain detailed rules for the
 application of the quota system for sugar (5), as
 amended by Regulation (EEC) No 1 573/76 (6) ;                            If the rented warehouse is in another Member
                                                                         State, the Member States concerned shall reach
 Whereas the measures provided for in this Regulation                    agreement on the measures to be taken. Reimbur­
 are in accordance with the opinion of the Manage­                       sement shall be made and the levy paid to the
 ment Committee for Sugar,                                               Member State in which the principal is estab­
                                                                         lished .
 HAS ADOPTED THIS REGULATION :
                                                                         6.     When a manufacturer finds it necessary to
                                                                         rent in the same Member State a warehouse owned
                             Article 1
                                                                         by another manufacturer, or by a proprietor of
 The following paragraphs 4, 5 and 6 shall be added to                   industrial storage premises for renting, such a ware­
 Article 9 of Regulation (EEC) No 442/70 :                               house may, subject to prior consent by the
                                                                         Member State concerned, be treated as the first
      '4. Where discrepancies are found between the                      manufacturer's warehouse for purposes of para­
      actual stocks and the stocks recorded for purposes                 graph 1 .'
      of the reimbursement of storage costs, the amount
      of the reimbursement shall be adjusted accord­
                                                                                              Article 2
(!) OJ No L 359 , 31 . 12. 1974, p. 1 .
$ OJ No L 167, 26. 6. 1976, p. 9.
(3) OJ   No  L 55, 10 . 3 . 1970, p . 10 .                           This Regulation shall enter into force on the third day
(4) OJ   No  L 176, 30 . 6. 1974, p. 5.
(5) OJ   No  L 67, 14. 3 . 1973, p. 12.                              following its publication in the Official Journal of
(6) OJ   No  L 172, 1 . 7. 1976, p. 52 .                             the European Communities.
 ---pagebreak--- No L 326/ 16                  Official Journal of the European Communities                        25. 11 . 76
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 24 November 1976.
                                                                  For the Commission
                                                                    P.J. LARDINOIS
                                                              Member of the Commission