Council Regulation (EEC) No 1358/77 of 20 June 1977 laying down general rules for offsetting storage costs for sugar and repealing Regulation (EEC) No 750/68

COUNCIL REGULATION ( EEC ) NO 1358/77
OF 20 JUNE 1977
LAYING DOWN GENERAL RULES FOR OFFSETTING STORAGE COSTS FOR SUGAR AND REPEALING REGULATION ( EEC ) NO 750/68
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3330/74 OF 19 DECEMBER 1974 ON THE COMMON ORGANIZATION OF THE MARKET IN SUGAR ( 1 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 1110/77 ( 2 ) , AND IN PARTICULAR ARTICLE 8 ( 2 ) ( A ) THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,
WHEREAS COUNCIL REGULATION ( EEC ) NO 750/68 OF 18 JUNE 1968 LAYING DOWN GENERAL RULES FOR OFFSETTING STORAGE COSTS FOR SUGAR ( 3 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 152/71 ( 4 ) , HAS BEEN AMENDED ON SEVERAL OCCASIONS ; WHEREAS , MOREOVER , THESE GENERAL RULES MUST BE EXTENDED TO COVER PREFERENTIAL SUGAR WITH EFFECT FROM THE 1977/78 SUGAR MARKETING YEAR ; WHEREAS , THEREFORE , THESE GENERAL RULES SHOULD BE ADAPTED AND SUPPLEMENTED ;
WHEREAS ARTICLE 8 ( 1 ) OF REGULATION ( EEC ) NO 3330/74 PROVIDES FOR THE REIMBURSEMENT AT A FLAT RATE OF STORAGE COSTS FOR CERTAIN SUGARS ;
WHEREAS THIS FLAT-RATE REIMBURSEMENT IS FINANCED BY LEVIES ; WHEREAS , THEREFORE , THE PRINCIPLE TO BE OBSERVED WHEN THE AMOUNTS OF THESE LEVIES ARE BEING FIXED SHOULD BE THAT TOTAL REIMBURSEMENTS MADE SHOULD EQUAL TOTAL LEVIES CHARGED ;
WHEREAS THE REIMBURSEMENT SYSTEM IS CONFINED TO SUGAR MANUFACTURED FROM BEET OR CANE HARVESTED WITHIN THE COMMUNITY AND TO PREFERENTIAL SUGAR ; WHEREAS CONTROL IS NEEDED TO ENSURE THAT THIS RULE IS OBSERVED ;
WHEREAS INTERVENTION AGENCIES USUALLY FIND IT NECESSARY TO STORE THE SUGAR WHICH THEY HAVE BOUGHT AND SHOULD THEREFORE BE ENTITLED TO REIMBURSEMENT ; WHEREAS , HOWEVER , GIVEN THE SPECIAL POSITION OF INTERVENTION AGENCIES , THE PERIOD FOR WHICH A REIMBURSEMENT IS GRANTED SHOULD BE LIMITED ;
WHEREAS REIMBURSEMENT CANNOT BE GRANTED UNLESS SOME MEASURE OF CONTROL IS POSSIBLE AND WAREHOUSES MUST THEREFORE BE OFFICIALLY APPROVED ; WHEREAS , FOR THIS REASON , REIMBURSEMENT SHOULD NORMALLY BE MADE BY THE MEMBER STATE IN WHOSE TERRITORY THE SUGAR IS STORED ;
WHEREAS THE CALCULATION OF THE REIMBURSEMENT SHOULD BE BASED ON PERIODS FOR WHICH THE MOVEMENT OF STOCKS CAN BE CHECKED ;
WHEREAS PARTICULAR MEASURES MAY BE NEEDED TO DEAL WITH THE SPECIAL SITUATION OF SUGAR IN TRANSIT AT THE BEGINNING OF A MONTH ; WHEREAS SUCH MEASURES SHOULD BE ADOPTED IN THE SAME WAY AS THE RULES REQUIRED FOR THE APPLICATION OF THIS REGULATION , NAMELY IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 36 OF REGULATION ( EEC ) NO 3330/74 ;
WHEREAS THE PURPOSE OF THE REIMBURSEMENT IS TO OFFSET STORAGE COSTS NECESSARILY INCURRED ; WHEREAS , THEREFORE , WHEN THE AMOUNT OF THE REIMBURSEMENT IS BEING FIXED THE MAIN CHARGES INCLUDED IN STORAGE COSTS MUST BE TAKEN INTO ACCOUNT ;
WHEREAS EFFECTIVE CONTROL OF MANUFACTURING CAN BEST BE EXERCISED WHEN THE SUGAR IS BEING MARKETED ; WHEREAS , THEREFORE , THE LEVY SHOULD BE COLLECTED FROM THE MANUFACTURER AT THE TIME OF MARKETING ;
WHEREAS A LEVY SHOULD BE COLLECTED AT THE TIME OF IMPORTATION IN THE CASE OF SUGAR IMPORTED ON PREFERENTIAL TERMS AND MARKETED IN THE NATURAL STATE , AND AT THE TIME OF REFINING IN THE CASE OF OTHER PREFERENTIAL SUGAR ;
WHEREAS , SINCE SOME TIME MUST ELAPSE BEFORE THE EXACT AMOUNT OF THE LEVIES CAN BE ESTABLISHED , THESE AMOUNTS MUST THEREFORE BE BASED ON FORECASTS WHICH MUST BE ADJUSTED IN THE LIGHT OF RESULTS FOR PREVIOUS MARKETING YEARS ,