CELEX: 31973D0050
Language: en
Date: 1973-02-08 00:00:00
Title: 73/50/EEC: Commission Decision of 8 February 1973 applying the provisions of Article 3 (2) (a) of Regulation (EEC) No 142/69 in favour of two Italian sugar manufacturers

No L 83 /40                            Official Journal of the European Communities                                 30. 3 . 73
                                                   COMMISSION DECISION
                                                        of 8 February 1973
                 applying the provisions of Article 3 (2) (a) of Regulation (EEC) No 142/69 in favour
                                               of two Italian sugar manufacturers
                                                 (Only the Italian text is authentic)
                                                             (73 /50/EEC )
 THE COMMISSION OF THE EUROPEAN                                       Whereas, in the light of checks carried out, it appears
 COMMUNITIES,                                                         that the principal was obliged, because of the
Having regard to             the Treaty establishing the              difficulties abovementioned, to have a certain
 European Economic Community ;
                                                                      quantity of beet purchased by itself processed by
                                                                       another undertaking ; whereas this quantity of beet
Having regard to Commission Regulation (EEC ) No                      yielded 4 321 251 metric tons of white sugar ;
 142/ 69 ( 1 ) of 28 January 1969 laying down certain
detailed rules for the application of the quota system                Whereas, in these circumstances, an affirmative reply
 for sugar, as last amended by Regulation (EEC) No                    should be given to the request of the two
 144/73 (2 ), and in particular Article 3 (3 ) thereof;               manufacturers .
 Whereas, by letters dated 10 September 1971                          Whereas the measures provided for in this Decision
 addressed to the Government of Italy, SpA                            are in accordance with the Opinion of the
Zuccherificio del Molise, with its head office at                     Management Committee for Sugar ;
Bologna and a factory at Termoli ( Capobasso) and
 SpA Agricola Industriala Emiliana ( AIE) with its head               HAS ADOPTED THIS DIRECTIVE :
 office at Bologna and a factory at San Pietro in
 Casale (Bologna) requested that, pursuant to Article                                         Article 1
 3 (2) ( a) of Regulation (EEC ) No 142/69 , a certain
quantity of sugar produced at the factory San Pietro                  The provisions of Article 3 ( 2) ( a) of Regulation
in Casale under a contract to make up work between                    (EEC) No 142/69 shall apply to the 4 321 251 metric
the two undertakings should be treated as part of the                 tons of white sugar produced under the contract to
 production of SpA Zuccherificio del Molise ; whereas                 make up work between SpA Zuccherificio del Molise,
the reason advanced by the applicants for the                         as principal, and SpA Agricola Industriale Emiliana,
application of the provisions in question was that                    as processor, as notified by each one of them in their
damages had occurred to the conveyer belt system at                   letters to the Government of Italy of 10 September
the Termoli factory which could not be repaired in                    1971 .
the course of production ;
Whereas by its Decision of 1 January 1972 the                                                 Article 2
Commission rejected the request of the two
manufacturers ; whereas however this Decision was                     This Decision is addressed to SpA Zuccherificio del
later reversed by its Decision of 13 October 1972 ;                   Molise and SpA Agricola Industriale Emiliana, both
                                                                      with head offices at Bologna, and to the Republic of
Whereas the Republic of Italy has checked the                         Italy.
information pursuant to Article 3 (3 ) of Regulation
 (EEC) No 142/69 ; whereas, by agreement with that
Member State, the Commission has obtained further                     Done at Brussels, 8 February 1973 .
information ;
Whereas the difficulties encountered in the course of                                                   For the Commission
production at the Termoli factory during the sugar
                                                                                                           The President
year 1971 /72 appear to have been unforeseeable,
unavoidable, and in no way the fault of the principal ;                                               Francois-Xavier ORTOLI
(!) OJ No L 20, 27. 1 . 1 969, p. 1 .
(2) OJ No L 18 , 23 . 1 . 1973 , p. 13 .