Avis juridique important

Commission Regulation (EEC) No 1573/76 of 30 June 1976 amending Regulation (EEC) No 700/73 laying down certain detailed rules for the application of the quota system for sugar Official Journal L 172 , 01/07/1976 P. 0052 - 0052 Greek special edition: Chapter 03 Volume 15 P. 0193

+++++ ( 1 ) OJ NO L 359 , 31 . 12 . 1974 , P . 1 . ( 2 ) OJ NO L 167 , 26 . 6 . 1976 , P . 9 . ( 3 ) OJ NO L 67 , 14 . 3 . 1973 , P . 12 . COMMISSION REGULATION ( EEC ) NO 1573/76 OF 30 JUNE 1976 AMENDING REGULATION ( EEC ) NO 700/73 LAYING DOWN CERTAIN DETAILED RULES FOR THE APPLICATION OF THE QUOTA SYSTEM FOR SUGAR THE COMMISSION 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 1487/76 ( 2 ) , AND IN PARTICULAR ARTICLE 27 ( 7 ) THEREOF , WHEREAS THE SAID ARTICLE 27 ( 2 ) LAYS DOWN CRITERIA FOR THE CALCULATION OF THE PRODUCTION LEVY , WHICH DIFFER IN PART FROM THOSE APPLICABLE BEFORE THE ENTRY INTO FORCE OF THE SAID REGULATION ; WHEREAS COMMISSION REGULATION ( EEC ) NO 700/73 OF 12 MARCH 1973 LAYING DOWN CERTAIN DETAILED RULES FOR THE APPLICATION OF THE QUOTA SYSTEM FOR SUGAR ( 3 ) , SHOULD THEREFORE BE AMENDED ACCORDINGLY ; WHEREAS , FURTHERMORE , PROVISION MUST BE MADE FOR CASES WHERE THE PRINCIPAL AND THE PROCESSOR IN A CONTRACT OF WORK ARE IN DIFFERENT MEMBER STATES ; WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR SUGAR , HAS ADOPTED THIS REGULATION : ARTICLE 1 1 . IN ARTICLE 3 OF REGULATION ( EEC ) NO 700/73 THERE IS HEREBY INSERTED THE FOLLOWING PARAGRAPH 2A : " ( 2A ) IF THE FACTORY OF THE PRINCIPAL AND THAT OF THE PROCESSOR ARE SITUATED IN DIFFERENT MEMBER STATES THEN THE APPLICATION REFERRED TO IN PARAGRAPH 2 SHALL BE MADE TO THE TWO MEMBER STATES CONCERNED . IN THAT CASE THE MEMBER STATES CONCERNED SHALL ACT IN CONCERT ON THE REPLY TO BE GIVEN , AND SHALL TAKE THE NECESSARY STEPS TO VERIFY THAT THE CONDITIONS LAID DOWN IN PARAGRAPH 2 ARE OBSERVED . " 2 . ARTICLE 5 ( 4 ) OF REGULATION ( EEC ) NO 700/73 IS HEREBY DELETED . 3 . ARTICLE 7 OF REGULATION ( EEC ) NO 700/73 IS HEREBY REPLACED BY THE FOLLOWING : " ARTICLE 7 1 . THE AMOUNT OF THE PRODUCTION LEVY VALID FOR A GIVEN MARKETING YEAR SHALL BE FIXED BEFORE 1 DECEMBER OF THE FOLLOWING MARKETING YEAR . 2 . OVERALL LOSSES INCURRED IN DISPOSING OF THE QUANTITY PRODUCED IN THE COMMUNITY IN EXCESS OF THE GUARANTEED QUANTITY SHALL BE CALCULATED ON THE BASIS OF : ( A ) TOTAL SUGAR PRODUCTION IN THE COMMUNITY DURING THE MARKETING YEAR CONCERNED , EXPRESSED AS WHITE SUGAR , LESS : - THE GUARANTEED QUANTITY VALID FOR THAT MARKETING YEAR , - QUANTITIES PRODUCED IN EXCESS OF THE MAXIMUM QUOTAS , - QUANTITIES WITHIN THE MAXIMUM QUOTA CARRIED FORWARD PURSUANT TO ARTICLE 31 OF REGULATION ( EEC ) NO 3330/74 ; ( B ) A FIXED AMOUNT PER UNIT OF WEIGHT TO COMPENSATE LOSSES INCURRED IN DISPOSING OF THAT SUGAR . THIS AMOUNT SHALL CORRESPOND TO THE WEIGHTED AVERAGE OF LOSSES INCURRED IN DISPOSING OF SUGAR DURINT THE PERIOD 1 OCTOBER OF THE RELEVANT MARKETING YEAR TO 30 SEPTEMBER OF THE FOLLOWING YEAR , LESS THE EXPORT LEVY CHARGED DURING THE SAME PERIOD . " ARTICLE 2 THIS REGULATION SHALL ENTER INTO FORCE ON 1 JULY 1976 . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 30 JUNE 1976 . FOR THE COMMISSION P . J . LARDINOIS MEMBER OF THE COMMISSION

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( 1 ) OJ NO L 359 , 31 . 12 . 1974 , P . 1 .

( 2 ) OJ NO L 167 , 26 . 6 . 1976 , P . 9 .

( 3 ) OJ NO L 67 , 14 . 3 . 1973 , P . 12 .

COMMISSION REGULATION ( EEC ) NO 1573/76 OF 30 JUNE 1976 AMENDING REGULATION ( EEC ) NO 700/73 LAYING DOWN CERTAIN DETAILED RULES FOR THE APPLICATION OF THE QUOTA SYSTEM FOR SUGAR

THE COMMISSION 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 1487/76 ( 2 ) , AND IN PARTICULAR ARTICLE 27 ( 7 ) THEREOF ,

WHEREAS THE SAID ARTICLE 27 ( 2 ) LAYS DOWN CRITERIA FOR THE CALCULATION OF THE PRODUCTION LEVY , WHICH DIFFER IN PART FROM THOSE APPLICABLE BEFORE THE ENTRY INTO FORCE OF THE SAID REGULATION ; WHEREAS COMMISSION REGULATION ( EEC ) NO 700/73 OF 12 MARCH 1973 LAYING DOWN CERTAIN DETAILED RULES FOR THE APPLICATION OF THE QUOTA SYSTEM FOR SUGAR ( 3 ) , SHOULD THEREFORE BE AMENDED ACCORDINGLY ;

WHEREAS , FURTHERMORE , PROVISION MUST BE MADE FOR CASES WHERE THE PRINCIPAL AND THE PROCESSOR IN A CONTRACT OF WORK ARE IN DIFFERENT MEMBER STATES ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR SUGAR ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . IN ARTICLE 3 OF REGULATION ( EEC ) NO 700/73 THERE IS HEREBY INSERTED THE FOLLOWING PARAGRAPH 2A :

" ( 2A ) IF THE FACTORY OF THE PRINCIPAL AND THAT OF THE PROCESSOR ARE SITUATED IN DIFFERENT MEMBER STATES THEN THE APPLICATION REFERRED TO IN PARAGRAPH 2 SHALL BE MADE TO THE TWO MEMBER STATES CONCERNED . IN THAT CASE THE MEMBER STATES CONCERNED SHALL ACT IN CONCERT ON THE REPLY TO BE GIVEN , AND SHALL TAKE THE NECESSARY STEPS TO VERIFY THAT THE CONDITIONS LAID DOWN IN PARAGRAPH 2 ARE OBSERVED . "

2 . ARTICLE 5 ( 4 ) OF REGULATION ( EEC ) NO 700/73 IS HEREBY DELETED .

3 . ARTICLE 7 OF REGULATION ( EEC ) NO 700/73 IS HEREBY REPLACED BY THE FOLLOWING :

" ARTICLE 7

1 . THE AMOUNT OF THE PRODUCTION LEVY VALID FOR A GIVEN MARKETING YEAR SHALL BE FIXED BEFORE 1 DECEMBER OF THE FOLLOWING MARKETING YEAR .

2 . OVERALL LOSSES INCURRED IN DISPOSING OF THE QUANTITY PRODUCED IN THE COMMUNITY IN EXCESS OF THE GUARANTEED QUANTITY SHALL BE CALCULATED ON THE BASIS OF :

( A ) TOTAL SUGAR PRODUCTION IN THE COMMUNITY DURING THE MARKETING YEAR CONCERNED , EXPRESSED AS WHITE SUGAR , LESS :

- THE GUARANTEED QUANTITY VALID FOR THAT MARKETING YEAR ,

- QUANTITIES PRODUCED IN EXCESS OF THE MAXIMUM QUOTAS ,

- QUANTITIES WITHIN THE MAXIMUM QUOTA CARRIED FORWARD PURSUANT TO ARTICLE 31 OF REGULATION ( EEC ) NO 3330/74 ;

( B ) A FIXED AMOUNT PER UNIT OF WEIGHT TO COMPENSATE LOSSES INCURRED IN DISPOSING OF THAT SUGAR . THIS AMOUNT SHALL CORRESPOND TO THE WEIGHTED AVERAGE OF LOSSES INCURRED IN DISPOSING OF SUGAR DURINT THE PERIOD 1 OCTOBER OF THE RELEVANT MARKETING YEAR TO 30 SEPTEMBER OF THE FOLLOWING YEAR , LESS THE EXPORT LEVY CHARGED DURING THE SAME PERIOD . "

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JULY 1976 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 30 JUNE 1976 .

FOR THE COMMISSION

P . J . LARDINOIS

MEMBER OF THE COMMISSION