31977R1465
1 . 7. 77 Official Journal of the European Communities No L 162/ 1
I
(Acts whose publication is obligatory)
COMMISSION REGULATION (EEC) No 1465/77
of 30 June 1977
amending 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 Whereas from 1 July 1977 the levy is no longer COMMUNITIES , included in the intervention price ; whereas it should therefore be provided that the levy is no longer to be charged when the sugar is sold to an intervention agency but only when the sugar is resold by the agency ; Having regard to the Treaty establishing the European Economic Community, Whereas sugar of different origins may be stored on the same premises ; whereas strict control measures should therefore be laid down in respect of sugar, Having regard to Council Regulation (EEC) No qualifying under Article 8 of Regulation (EEC) No 3330/74 of 19 December 1974 on the common 3330/74 ; organization of the market in sugar (*), as last amended by Regulation (EEC) No 1110/77 (2), and in particular Whereas the measures provided for in this Regulation the second subparagraph of Article 8 (2) thereof, are in accordance with the opinion of the Management Committee for Sugar,
Whereas Commission Regulation (EEC) No 442/70 of 9 March 1970 laying down detailed rules for the ap HAS ADOPTED THIS REGULATION : plication of the system of offsetting storage costs for sugar (3), as last amended by Regulation (EEC) No 2836/76 (4), has hitherto been applicable only to Article 1 sugar and to certain syrups produced from beet or cane harvested in the Community ; whereas , as a Regulation (EEC) No 442/70 is amended as follows : result of the extension with effect from 1 July 1977 to sugar imported under preferential conditions of the 1 . The first indent of Article 1 (2) (b) is amended to system of offsetting storage costs, Regulation (EEC) read as follows : No 442/70 must be adapted so as to provide special '— one of whose main activities consists of offsetting arrangements for such sugar ; wholesale dealing in sugar and who purchases a minimum quantity of 10 000 tonnes of Community sugar and/or preferential sugar Whereas the formulas used for converting raw sugar in each marketing year ;'. into white sugar for the purpose of calculating the reimbursement and levies should at the same time 2 . Article 3 is amended to read as follows : be harmonized ; 'Article 3 The amounts of the levies shall be fixed £er 100 kilograms of white sugar. The reimbursement o OJ No L 359 , 31 . 12 . 1974, p. 1 . (2) OJ No L 134, 28 . 5 . 1977 , p. 1 . and the levies shall be applicable per 100 kilo (3) OJ No L 55 , 10. 3 . 1970, p. 10 . grams of white sugar whatever the quality of (4) OJ No L 326, 25 . 11 . 1976 , p. 15 . the white sugar in question.'
No L 162/2 Official Journal of the European Communities 1 . 7 . 77
3 . Article 4 ( 1 ) is amended to read as follows : 1 c. In respect of stocks of sugar held by the intervention agencies the levy shall become 'For purposes of the calculation of the reimburse payable by such agencies on the sale of the ment and levies applicable to raw sugar the latter sugar.' shall be converted into white sugar equivalent according to one of the following methods at the choice of the Member State concerned : 8 . A further paragraph as follows is added to Article 9 : (a) on the basis of its yield as ascertained accord ing to the provisions of Article 1 of Regu '7. The sale of white or raw sugar to an interven lation (EEC) No 431 /68 ( x) ; or tion agency shall not be regarded as disposal within the meaning of paragraph 1 .' (b) — for raw cane sugar by multiplying the quantity of raw sugar by the factor 0-96,
or 9. The following words are added at the end of Article 10 ( 1 ) (b) : — for raw beet sugar by multiplying the quantity of raw sugar by the factor 0-92. ' and between Community sugar and preferential The method chosen by an individual Member sugar.' State shall remain unchanged during a given sugar marketing year. 10. Further paragraphs as follows are inserted in Article 10 as paragraphs la and lb : H OJ No L 89 , 10. 4. 1968 , p. 3 .' ' la . If the notified stock at the end of a month differs from the stock at the beginning of the following month particulars of the latter shall be 4. Article 4 (2) is deleted . communicated separately.
5 . An Article 6a as follows is inserted : lb. All claimants for reimbursement who store in the same premises both sugar eligible for 'Article 6a reimbursement and sugar not so eligible shall provide proof that the former is in fact eligible Preferential sugar in respect of which customs for reimbursement. The same shall apply mutatis formalities on importation have been completed mutandis as regards the levy. and which is thereafter stored in approved premises shall be eligible for the reimbursement In such cases , the Member State concerned shall of storage costs .' place the sugar in question under customs control or under an administrative control offering equi valent safeguards .' 6. The first sentence of Article 9 ( 1 ) is amended to read as follows :
'The levy shall be payable in respect of products 11 . In Article 10 (2) the words ' and broken down as referred to in Article 8 ( 1 ) (a) of Regulation according to the provisions of Article 9 (2)' are (EEC) No 3330/74 which are disposed of.' deleted .
7. Further paragraphs as follows are inserted in 12. Further paragraphs as follows are inserted in Article 9 as paragraphs la , lb and 1 c : Article 10 as paragraphs 2a and 2b : ' la . In respect of preferential sugar as referred to '2a. Each importer of preferential sugar which in Article 8 ( 1 ) (b) of Regulation (EEC) No 3330/ is disposed of in the natural state shall communi 74 the levy shall be payable on importation . The cate, at the same time as the information referred day of importation shall be the day on which to paragraph 1 , particulars of the quantities of customs formalities on importation are completed . sugar as referred to in paragraph la of Article . lb. In respect of preferential sugar as referred to 9 imported during the preceding month. in Article 8 ( 1 ) (c) of Regulation (EEC) No 3330/74 the levy shall be payable, in so far as it 2b. Each refiner of preferential sugar shall has not already become payable, at the end of communicate, at the same time as the information the month during which the sugar is refined . referred to in paragraph 1 , particulars of the
1 . 7. 77 Official Journal of the European Communities No L 162/3
quantities of sugar as referred to in paragraph Article 2 lb of Article 9 refined during the preceding month.' This Regulation shall enter into force on 1 July 1977.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 30 June 1977 .
For the Commission
Finn GUNDELACH Vice-President