CELEX: 31989R1381
Language: en
Date: 1989-05-23 00:00:00
Title: Commission Regulation (EEC) No 1381/89 of 22 May 1989 amending Regulations (EEC) No 1035/88 and (EEC) No 999/89 on standing invitations to tender in the sugar sector

23 . 5. 89                                Official Journal of the European Communities                             No L 139/5
                                        COMMISSION REGULATION (EEC) No 1381/89
                                                         of 22 May 1989
                  amending Regulations (EEC) No 1035/88 and (EEC) No 999/89 on standing
                                           invitations to tender in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         forming part of the production of the 1988/89 marketing
                                                                    year entitled to the reimbursement of storage costs under
                                                                    Article 8 of Regulation (EEC) No 1785/81 ;
Having regard to the Treaty establishing the European
Economic Community,                                                 Whereas the measures provided for in this Regulation are
                                                                    in accordance with the opinion of the Management
                                                                    Committee for Sugar,
Having regard to Council Regulation (EEC) No 1785/81
of 30 June 1981 on the common organization of the
markets in the sugar sector ('), as last amended by
Regulation (EEC) No 1069/89 (2), and in particular
Articles 13 (2), 18 (5), 19 (4) and (7) thereof,                    HAS ADOPTED THIS REGULATION :
Whereas the intervention price for white sugar fixed by
                                                                                              Article 1
Council Regulation (EEC) No 1 254/89 (3) for the 1989/90
marketing year is less than that fixed for the 1988/89
marketing year by Council Regulation (EEC) No                       The following paragraph 6a shall be added to Article 15
2251 /88 (4) ; whereas in order to avoid, to the extent of the      of Regulation (EEC) No 1035/88 :
reduction, a depreciation of stocks held at the end of
marketing year by the persons entitled to the reimbur­                  '6a. The refunds in respect of the exports of sugar
sement of storage costs for those stocks, Regulation (EEC)              forming part of the production of the 1988/89
No 1 254/89 provided, in respect of the quantities in stock             marketing year entitled to the reimbursement of
which are disposed of until 30 September 1989, for the                  storage costs under Article 8 of Regulation (EEC) No
fixing of an intervention price for white sugar identical to            1785/81 , carried out between 1 July 1989 and 30
that for the 1988/89 marketing year ; whereas in order to               September 1989 using the export licences issued
ensure this objective of non-depreciation of stocks in so               under the partial invitations taking place before 1 July
far as exports are concerned, provision should be made as                1989 shall remain applicable without adjustment on
an accompanying measure for no adjustment to be made                    application by the party concerned.
to the export refunds fixed in advance by virtue of the
standing invitation to tender referred to in Commission                 For the purpose of application of the first
Regulation (EEC) No 1035/88 (*) prior to 1 July 1989 for                subparagraph, the holder of the export licence or the
export from that date and until 30 September 1989 of                    assignee, when the licence has been transferred, must
sugar forming part of the production of the 1988/89                     make a request in writing to the competent authorities
marketing year entitled to the reimbursement of the                     of the Member State that issued the licence, before
storage costs under Article 8 of Regulation (EEC) No                    completion of the customs export formalities for the
1785/81 ;                                                               quantities concerned. The request must be
                                                                        accompanied by a declaration made on the honour of
                                                                        the applicant that the sugar in question forms part of
Whereas in order to ensure the attainment of the said                   the production of the 1988/89 marketing year entitled
objective, steps should equally be taken to ensure that                 to the reimbursement of storage costs by virtue of
virtually all of the sugars remaining to be committed for               Article 8 of Regulation (EEC) No 1785/81 . The
export by way of the invitation to tender in respect of the             Member States can request all supplementary
production of the 1988/89 marketing year may be                         information in support of this declaration.'
disposed of by this means before 1 October 1989 without
adjustment of refund ; whereas for this purpose provision
should equally be made for no adjustment to the export                                        Article 2
refunds fixed in advance by virtue of the standing
invitation to tender referred to in Commission Regulation
(EEC) No 999/89 (6) prior to 1 July 1989 for export                 The following paragraph 6a shall be added to Article 15
                                                                    of Regulation (EEC) No 999/89 :
between 15 September and 30 September 1989 of sugar
                                                                        *6a. The refunds in respect of the exports of sugar
(') OJ  No  L  177, 1 . 7. 1981 , p. 4.                                 forming part of the production of the 1988/89
(2) OJ  No  L  114, 27. 4. 1989, p. 1 .                                 marketing year entitled to the reimbursement of
0   OJ  No  L  126, 9. 5. 1989, p. 1 .                                  storage costs under Article 8 of Regulation (EEC) No
(4) OJ  No  L  198, 26. 7. 1988, p. 31 .
Is) OJ No L 102, 21 . 4. 1988, p. 14.                                    1785/81 , carried out between 15 September 1989 and
(«) OJ No L 107, 19 . 4. 1989, p. 6.                                    30 September 1989 using the export licences issued
 ---pagebreak--- No L 139/6                           Official Journal of the European Communities                                23 . 5. 89
  under the partial invitations taking place before 1 July         the applicant that the sugar in question forms part of
   1989 shall remain applicable without adjustment on              the production of the 1988/89 marketing year entitled
  application by the party concerned.                              to the reimbursement of storage costs by virtue of
                                                                   Article 8 of Regulation (EEC) No 1785/81 . The
  For the purpose of application of the first                      Member States can request all supplementary
  subparagraph, the holder of the export licence or the            information in support of this declaration .'
  assignee, when the licence has been transferred, must
  make a request in writing to the competent authorities                                Article 3
  of the Member State that issued the licence, before
  completion of the customs export formalities for the         This Regulation shall enter into force on the day of its
  quantities concerned. The request must be                    publication in the Official Journal of the European
  accompanied by a declaration made on the honour of           Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 22 May 1989.
                                                                         For the Commission
                                                                          Ray MAC SHARRY
                                                                    Member of the Commission