CELEX: 31974R0389
Language: en
Date: 1974-02-14 00:00:00
Title: Regulation (EEC) No 389/74 of the Commission of 14 February 1974 laying down detailed rules for applying the special export levy on syrups and other sugars and amending Regulation (EEC) No 2637/70

15 . 2. 74                              Official Journal of the European Communities                             No L 43 /35
                               REGULATION (EEC) No 389/74 OF THE COMMISSION
                                                      of 14 February 1974
               laying down detailed rules for applying the special export levy on syrups and
                               other sugars and amending Regulation (EEC) No 2637/70
THE COMMISSION OF THE EUROPEAN                                     Whereas, since the products in question in most cases
COMMUNITIES,                                                        have the characteristics of processed products, it seems
Having regard to the Treaty establishing the European               appropriate to fix the amounts of the levies in prin­
Economic Community ;                                                ciple at regular intervals and on the basis of the
                                                                    amounts applied to white sugar ;
Having regard to Council Regulation No 1009/
67/EEC ( 1 ) of 18 December 1967 on the common                     Whereas it seems appropriate to follow for the deter­
organization of the market in sugar, as last amended                mination of the sucrose content, including other
by Regulation (EEC) No 1928/73 (2), and in particular               sugars expressed as sucrose, the provisions of Commis­
Article 1 1 (2) and Article 1 6 (4) and (5) thereof ;               sion Regulation (EEC) No 394/70 ( 10) of 2 March 1970
Whereas Article 16 of Regulation No 1009/67/EEC                     on detailed rules for granting export refunds on sugar ;
provides, under certain conditions, for the charging of
an export levy or of a special export levy on white                Whereas the measures provided for in this Regulation
sugar and raw sugar ; whereas the appropriate general               are in accordance with the Opinion of the Manage­
and detailed rules have been adopted by Council Regu­               ment Committee for Sugar,
lation (EEC) No 608/72 (3 ) of 23 March 1972 laying
down rules to be applied in cases of considerable price
rises on the world sugar market and by Commission
Regulation (EEC) No 1 076/72 (4) of 25 May 1972
laying down detailed rules for applying export levies               HAS ADOPTED THIS REGULATION :
on sugar and amending Regulation (EEC) No 2637/70
as amended by Regulation (EEC) No 58 /74 (5) ;
Whereas, since a shortage of sugar at present prevails                                        Article 1
on the world market, it could become necessary to
introduce a special export levy also for the products              This Regulation lays down detailed rules for the
referred to in Article 1 ( 1 ) (d) of Regulation No 1009/           charging of the special export levy on products
67/ EEC ; whereas detailed rules for this must be
                                                                    referred to in Article 1 ( 1 ) (d) of Regulation No 1009/
adopted ; whereas, because of their particular                      67/ EEC .
economic and technical properties, these detailed
rules must be appropriate to these products ; whereas
these provisions however can , as regards certain
aspects, correspond to those already adopted by Regu­                                         ArtieIt' 2
lation (EEC) No 1076/72 and by Commission Regula­
tion (EEC) No 1373/70 (6) of 10 July 1970 on                        1 . The special export levy referred to in Article 16
common detailed rules for the application of the                   ( 1 ) second subparagraph of Regulation No 1009/
system of import and export licences and advance                    67/ EEC shall be applicable to the products which are
fixing certificates for agricultural products subject to a          contained in the Annex to this Regulation and they
single price system, as last amended by Regulation                  are in one of the situations referred to in Article 9 (2)
(EEC) No 1 796/73 (7);                                              of the Treaty.
Whereas that implies the amendment of Commission
Regulation (EEC) No 2637/70 (8) on special detailed                 2. This special levy shall also be charged on
rules for the application of the system of import and               products shown in the Annex which, by reason of the
export licences and advance fixing certificates for agri­           customs regulations regarding their packaging or by
cultural products, as last amended by Regulation                    reason of their incorporation in or addition to one or
(EEC) No 59/74 (9) ;                                                more products not in free circulation , are not in one
                                                                    of the situations referred to in Article 9 (2) of the
(>)  OJ  No 308 , 18 . 12 . 1967, p. 1 .                           Treaty.
(2)  OJ  No L 199, 19 . 7. 1973, p. 7.
(3)  OJ  No L 75, 28 . 3. 1972, p. 5.
(4)  OJ  No L 121 , 25. 5. 1972, p. 22.                             3 . The special levy referred to in paragraph 1 shall
(5)  OJ  No L 8, 10 . 1 . 1974, p. 13 .                             not be charged on the products in respect of which ,
(6)  OJ  No L 158 , 20 . 7. 1970, p. 1 .                            before the date on which it becomes applicable, an
(7)  OJ  No L 183, 5. 7. 1973, p. 1 .
(8)  OJ  No L 283, 29. 12. 1970, p. 15 .
H    OJ  No L 8, 10. 1 . 1974, p. 15.                              ( I0) OJ No L 50 , 4. 3 . 1970, p . 1 .
 ---pagebreak--- No L 43/36                          Official Journal of the European Communities                                15 . 2 . 74
export licence with advance fixing of the rate of the         2. The special export levy shall be collected by the
fund has been applied for.                                    Member State on whose territory the formalities
                                                               referred to in paragraph 1 are completed. They shall
                          Article 3                            be payable at the latest at the time of completion of
                                                               those formalities .
The following shall be substitued for Article 30 (4) of
Regulation (EEC) No 2637/70 :                                                            A rticle 6
     '4.    For the purposes of Article 1 (3) of Regula­
     tion (EEC) No 1076/72 and of Article 2 (3) of             1 . The special export levy shall be fixed, in prin­
     Regulation (EEC) No 389/74, Section 18 of the             ciple, at regular intervals . The amount of the levy shall
     export licence shall also contain one of the              be fixed on the basis of the amount of the special
     following endorsements :                                  export levy applicable to white sugar and taking into
     "Export levy not applicable",                             account the economic and technical aspects of the
     "prélèvement à 1 exportation non applicable",             products concerned. It shall be fixed as the basic
     "Ausfuhrabschopfung nicht anzuwendenden",                 amount of the special export levy. The basic amount
     "prelievo all'esportazione non applicabile",              of the special levy shall be fixed per kilogramme of
     "uitvoerheffing niet van toepassing",                     sucrose content, including other sugars expressed as
     "eksportafgift, der ikke skal anvendes".                  sucrose. These contents shall be determined according
                                                               to the provisions of Article 13 ( 1 ) to (3) of Regulation
                                                               (EEC) No 394/70 .
                          Article 4
The provisions referred to in Articles 1 (4), 4 and 5 of       2. The special export levy per 100 kilogrammes of
Regulation (EEC) No 1076/72 shall also be applicable           the products listed in the Annex to this Regulation ,
                                                               shall be equal to the basic amount multiplied by the
to the products referred to in the Annex to this Regu­
lation .                                                       established sucrose content including, where appro­
                                                               priate, the content of other sugars expressed as
                                                               sucrose .
                          Article 5
 1 . The rate of the special levy applicable to the                                      Article 7
export shall be the levy valid on the day of comple­
tion of the customs formalities referred to under (b) of       This Regulation shall enter into force on the third day
the second subparagraph of Article 8 (2) of Regulation         following its publication in the Official Journal of
(EEC) No 1373/70 .                                              the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                Done at Brussels, 14 February 1974.
                                                                          For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOLI
 ---pagebreak--- 15 . 2. 74           Official Journal of die European Communities                  No L 43 /37
                                          ANNEX
             CCT
           heading                           Description of goods
              No
            17.02  Other sugars ; sugar syrups ; artificial honey (whether or not
                   mixed with natural honey) ; caramel :
                   ex D. Invert sugar and other syrups
                   ex F. Caramel made from ibeet sugar and cane sugar
            17.05  Flavoured or coloured sugars, syrups and molasses, but not in­
                   cluding fruit juices containing added sugar in any proportion :
                   ex C. Other, excluding flavoured or coloured molasses