31971R2417

948 Official Journal of the European Communities

No L 250/30 Official Journal of the European Communities 11.11.71

REGULATION (EEC) No 2417/71 OF THE COMMISSION

of 10 November 1971 amending Regulation (EEC) No 1280/71 in particular as regards the standard amounts fixed by that Regulation

THE COMMISSION OF THE EUROPEAN COM­ Whereas the measures provided for in this Regulation MUNITIES, are in accordance with the Opinion of the Management Committee for Sugar;

Having regard to the Treaty establishing the European Economic Community ; HAS ADOPTED THIS REGULATION :

Having regard to Council Regulation No 1009/67/EEC1 of 18 December 1967 on the common Article 1 organisation of the market in sugar, as last amended by Regulation (EEC) No 1060/71 ,2 and in particular The following paragraph 4 shall- be added to Article Article 9 ( 8 ) thereof; 1 of Regulation (EEC) No 1280/71 :

'4. Approval shall be given or withdrawn by Whereas Commission Regulation (EEC) No 1280/713 the intervention agency.' of 18 June 1971 laying down detailed rules of application for the buying-in of sugar by intervention Article -2 " agencies fixes standard amounts for the costs of storage and of various types of packaging which are borne by the intervention agencies ; whereas, since The following Article 3 a shall be inserted in these amounts have remained the same for several Regulation (EEC) No 1280/71 : years, some of the amounts should be altered in view of increases in the actual costs ; 'Article 3 a

Only sugar which has not previously been the Whereas the costs to be borne by the intervention object of intervention buying may be offered for agency, where it requires certain types of packaging, intervention .' are fixed at a flat rate for bags in a perfect condition ; whereas therefore in the case of a storage contract with the offerer provision should be made for these Article 3 costs to be paid, when the state of the bags has been ascertained, at the same time as the balance of the The following paragraph 3 shall be added to Article payment for the sugar in question ; 5 of Regulation (EEC) No 1280/71 :

'3 . The offer shall be accompanied by a Whereas experience has shown that the intervention declaration from the offerer certifying that the agencies may be faced with an offer of sugar which sugar in question has not previously been the has already been the object of intervention buying; object of intervention buying.' whereas the acceptance of such an offer may endanger the very principle of intervention buying ; whereas therefore such a practice must be prevented ;. Article 4

1 OJ No 308 , 18.12.1967, p. 1 . The following shall be substituted for the first indent 2 OJ No L 115 , 27.5.1971 , p . 16 . of the second subparagraph of Article 6 (2) of 3 OJ No L 133 , 19.6.1971 , p . 34. Regulation (EEC) No 1280/71 :

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'if examination shows that one of the requisite Article 7 conditions has not been fulfilled, in particular that the sugar offered has already been the object In (a) and (b) of the second subparagraph of Article of intervention buying.' 17 (3 ) of Regulation (EEC) No 1280/71 , the words '0-66 units of account' and ' 0-88 units of account' shall be substituted for the words ' 0-60 units of Article 5 account' and '0-80 units of account' respectively.

Article 8 The following shall be substituted for the second subparagraph of Article 7 (4) of Regulation (EEC) No 1280/71 : The following shall be substituted for Article 21 (2) (c) of Regulation (EEC) No 1280/71 : 'The storage costs shall be fixed at a flat rate of 0-018 units of account per 100 kilogrammes per '(c) in Article 14 ( 1 ) of the Regulation referred to ten-day period. The intervention agency may in (b ), the words : however increase or decrease this amount by 35 % — "of Article 18 of Regulation (EEC) No and, in special circumstances, increase it by a 1280/71 " shall be substituted for the maximum of 50% .' words : "of Article 15 of Regulation (EEC) No 782/68 ", — " of Article 13 " shall be substituted for Article 6 the words " of Article 12";

(d) in Article 14 (3 ) of the Regulation referred to The following shall be substituted for the first in (b), the words : subparagraph of Article 15 (2) of Regulation (EEC) No 1280/71 : — "of Article 18 " shall be substituted for the words "of Article 15 ", 'Where a storage contract has been concluded, the — "of Article 14" shall be substituted for intervention agency shall, within eight weeks the words "of Article 13 ".' from the date of submission of the offer, make a provisional payment of an amount established on Article 9 the basis of the information appearing in the offer and the buying-in price. Any packaging costs shall be paid, when the state of the bags has been This Regulation shall enter into force on the day ascertained, at the same time as the balance of the following its publication in the Official Journal of the payment.' European Communities.

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

Done at Brussels, 10 November 1971 .

For the Commission The President

Franco M. MALFATTI