31978R1182

No L 145/46 1 . 6 . 78 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1182/78 of 31 May 1978 supplementing Regulations (EEC) No 1634/77 and (EEC) No 1790/77 on standing invitations to tender to determine export refunds on sugar

THE COMMISSION OF THE EUROPEAN the monetary coefficient be applied equally in the COMMUNITIES, case where, under an invitation to tender concerning trade with third countries, the amounts indicated in Having regard to the Treaty establishing the European the statement of award in respect of a given successful Economic Community, tenderer are fixed in national currency ; whereas for this reason a provision should urgently be laid down in the sugar sector, without prejudice to a general solu­ Having regard to Council Regulation (EEC) No tion to be adopted and Commission Regulation (EEC) 3330/74 of 19 December 1974 on the common organi­ No 1634/77 of 19 July 1977 on a standing invitation zation of the market in sugar ( !), as last amended by to tender in order to determine export refunds for Regulation (EEC) No 705/78 (2), and in particular Arti­ white sugar (8) and Regulation (EEC) No 1 790/77 of 2 cles 12 (2), 19 (4) and 34 thereof, August 1977 on a standing invitation to tender in order to determine export refunds for raw beet Having regard to Council Regulation (EEC) No sugar (9) should be supplemented ; 974/71 of 12 May 1971 on certain measures of conjunctural policy to be taken in agriculture Whereas for similar reasons and taking account of the following the temporary widening of the margins of fluctuation for the currencies of certain Member practice always followed in the sugar sector that rule should be applied retrospectively with the exception States (3), as last amended by Regulation (EEC) No of offers accepted after the Judgment of the Court and 557/76 (4), and in particular Article 6 thereof, before this Regulation enters into force ;

Whereas Article 4 (3) (b) of Commission Regulation Whereas the measures provided for in this Regulation (EEC) No 1380/75 of 29 May 1975 laying down are in accordance with the opinion of the Manage­ detailed rules for the application of monetary compen­ ment Committee for Sugar, satory amounts (5), as last amended by Regulation (EEC) No 2505/77 (6), provides that, in the application of monetary compensatory amounts in the trade with third countries, import charges as well as export HAS ADOPTED THIS REGULATION : refunds and levies, fixed in units of account and appli­ cable to the products concerned, shall be modified by a coefficient derived from the percentage used for the Article 1 calculation of the monetary compensatory amount anf fixed by the Commission together with that amount ; The following is inserted as Article 7a in Regulations Whereas in Case 108/77 the Court of Justice of the (EEC) No 1634/77 and (EEC) No 1790/77 European Communities has declared that, in its 'Article 7a present version, Article 4 (3) of Regulation (EEC) No 1380/75 together with Regulation (EEC) No 2101 /75 (7) shall be interpreted in such a way that the The coefficient referred to in Article 4 (3) of Regu­ export refund on sugar fixed in a national currency on lation (EEC) No 1380/75 shall apply equally to the basis of an invitation to tender shall not be modi­ refunds awarded in national currency for the fied by the monetary coefficient fixed by the Commis­ purposes of this invitation to tender.' sion and derived from the percentage used for the calculation of the monetary compensation ; Article 2 Whereas, in order that the system of monetary compensatory amounts can be satisfactorily applied This Regulation shall enter into force on 1 June 1978 . from the economic point of view it is essential that It shall apply to all refunds awarded under Regula­ (!) OJ No L 359, 31 . 12. 1974, p. 1 . tions (EEC) No 1634/77 and (EEC) No 1790/77 with (2 OJ No L 94, 8 . 4. 1978 , p. 1 . the exception of the refunds for which offers were (3) OJ No L 106, 12. 5 . 1971 , p . 1 . accepted after 24 May 1978 and before 1 June 1978 . (") OJ No L 67, 15. 3 . 1976, p. 1 . (s) OJ No L 139, 30 . 5 . 1975, p. 11 . (6) OJ No L 291 , 15. 11 . 1977, p. 15. (8) OJ No L 181 , 21 . 7. 1977, p. 35. (7) OJ No L 214, 12. 8 . 1975, p. 5. (9) OJ No L 197, 4. 8 . 1977, p. 11 .

1 . 6 . 78 No L 145/47 Official Journal of the European Communities

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 31 May 1978 .

For the Commission

Finn GUNDELACH

Vice-President

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