31973R0223

No L 27/ 6 Official Journal of the European Communities 1 . 2 . 73

REGULATION (EEC) No 223 /73 OF THE COUNCIL

of 31 January 1973 laying down general rules to ensure the proper functioning of the common organization of the market in sugar following the Accession of the new Member States

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas the effect of applying the first subparagraph of Article 55 (6) of the Act would be to make sugar imports into the United Kingdom from the other Having regard to the Treaty establishing the Member States of the Community more expensive European Economic Community ; than sugar from the exporting countries covered by the Commonwealth Sugar Agreement; whereas, therefore, in order to avoid distortion of competition Having regard to the Treaty concerning the and having regard to the large amount of sugar Accession of new Member States to the European covered by Protocol No 17 annexed to the Act, it is Economic Community and the European Atomic essential to invoke the second subparagraph of Energy Community (*), signed at Brussels on 22 Article 55 (6) of the Act in respect of the products January 1972, and in particular the second listed in Article 1 of Council Regulation No subparagraph of Article 55 (6) and Article 62 ( 1 ) of 1009/67/EEC (2 ) of 18 December 1967 on the the Act annexed thereto ; common organization of the market in sugar, as last amended by Regulation (EEC) 174/73 (3);

Having regard to the proposal from the Commission ; HAS ADOPTED THIS REGULATION : Whereas Article 56 of the abovementioned Act prpvides that appropriate measures may be taken Article 1 with a view to ensuring the proper functioning of the common organization of the market, in particular if 1 . If, in respect of an export of one of the the refund on exports of a product to third countries products listed in Article 1 ( 1 ) (a) and (d ) of is less than the compensatory amount or if no refund Regulation No 1009/67/EEC : is applicable ; whereas such a situation is likely to arise in the case of sugar ; — the refund on exports to third countries is less than the compensatory amount, or Whereas the effect of the situation under — no refund on exports to third countries is consideration would be to cause operators to export applicable, from the territory of certain new Member States sugar produced within the Community as originally the exporting Member State which applies constituted in order to benefit from the compensatory compensatory amounts on trade with a third country amount granted pursuant to Article 55 of the Act; shall charge a compensatory levy on exports of the whereas the most suitable means of preventing the said products, with the exception of sugar exported proper functioning of the common organization of pursuant to the provisions referred to in Article 25 of the sugar market from being disturbed by deflection Regulation 1009/67/EEC . in trade is to provide for the charge of a compensatory levy on exports ; 2. The compensatory levy to be charged on exports shall be equal : Whereas, moreover, by virtue of Protocol No 17 annexed to the Act, sugar imported into the United ( a) where the first indent of paragraph 1 applies : Kingdom under the Commonwealth Sugar Agreement will always be available on the United — to the difference between the compensatory Kingdom market at the marketing price irrespective amount applicable on the day when the of any fluctuations in world market prices ; whereas product concerned is exported and the refund imports from other third countries are negligible ;

(2 ) OJ No 308 , 18 . 12. 1967, p. 1 . (*) OJ Special Edition, 27. 3 . 1972, p. 5 . (3) OJ No L 25, 30. 1 . 1973 , p . 1 .

1 . 2 . 73 Official Journal of the European Communities No L 27/7

applicable to the export in question in the covered by Council Regulation (EEC ) No 804/68 (*) case of one of the products listed in Article 1 of 27 June 1968 on the common organization of the ( 1 ) ( a) of Regulation No 1009/67/EEC ; market in milk and milk products, as last amended by the Act, Council Regulation (EEC ) No 865 /68 ( 2) — to the result of multiplying the difference of 28 June 1968 on the common organization of the between the basic compensatory amount market in products processed from fruit and applicable on the day when the product vegetables , as last amended by the Act, and concerned is exported and the basic amount Council Regulation (EEC) No 2682/72 (3) of 12 of the export refund in question, by the December 1972 laying down general rules for sucrose content including the content of other granting export refunds on certain agricultural sugar expressed in sucrose of the said product, products exported in the form of goods not covered in the case of one of the products listed in by Annex II to the Treaty, and the criteria for fixing Article 1 ( 1 ) ( d) of the abovementioned the amount of such refunds . Regulation ;

4. The rules for the application of this Article and (b ) where the second indent of paragraph 1 applies : in particular the list of products set out ii? paragraph — to the compensatory amount applicable on 3 shall be adopted in accordance with the procedure the day when the product concerned is provided for in Article 40 of Regulation No exported in the case of one of the products 1009/67/EEC and in the corresponding Articles of listed in Article 1 ( 1 ) ( a) of Regulation No Regulations (EEC) No 804/68 and (EEC) No 865/68 . 1009/67/EEC ; — to the result of multiplying the basic Article 2 compensatory amount applicable on the day when the product concerned is exported by The first subparagraph of Article 55 (6) of the Act the sucrose content including the content of shall not apply to sugar. other sugar expressed in sucrose of the said product in the case of products listed in Article 1 ( 1 ) ( d) of the abovementioned Article 3 Regulation. This Regulation shall enter into force on the day of 3 . Paragraphs 1 and 2 shall also apply, where its publication in the Official Journal of the necessary, to the sugar content of the products European Communities.

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

Done at Brussels, 31 January 1973 .

For the Council

The President

A. LAVENS

(!) OJ No L 148, 28 . 6. 1968, p . 13 . (2) OJ No L 153 , 1 . 7. 1968 , p . 8 . (3) OJ No L 289, 27. 12. 1972, p . 13 .