31973R0242

1 . 2 . 73 Official Journal of the European Communities No L 29 / 23

REGULATION ( EEC) No 242/73 OF THE COUNCIL

of 31 January 1973 laying down general rules for the implementation of the arrangements for importing sugar into the United Kingdom within the terms of the Commonwealth Sugar Agreement

THE COUNCIL OF THE EUROPEAN ( a ) bought by the competent body in the United COMMUNITIES , Kingdom at the purchase price calculated ac­ cording to Article 2,

Having regard to the Treaty establishing the Euro­ and pean Economic Community ; ( b ) re-sold by this body according to the conditions laid down in Article 4. Having regard to the Treaty concerning the Accession of new Member States to the European Economic Community and the European Atomic Energy Com­ 2. The total quantity of sugar which may be im­ munity, and in particular paragraph 5 of Protocol ported pursuant to Protocol No 17, paragraph 1 of No 17 annexed to the Act (*) appended to that the Act in respect of sugar tel quel a calendar year Treaty ; shall be 1 770 471 metric tons apportioned as follows :

Having regard to the proposal from the Commis­ Countries and territories Quantities of sugar to I quel sion ; of origin in metric tons

Whereas Protocol No 17 annexed to the aforemen­ a ) Australia 340·377 tioned Act authorizes the United Kingdom to import, The West Indies on special terms, certain quantities of sugar from the 736·637 and Guyana exporting countries and territories referred to in the Mauritius 386099 Commonwealth Sugar Agreement, hereinafter referred 142·247 Fiji to as the ' Agreement'; 7·113 East Africa British Honduras 20·829 Whereas it is necessary to give an indication of the India 25·402 exact quantities which may be imported as well as the Swaziland 86·365 limits within which these may be adjusted ; and 25·402 (>) whereas it is essential to devises rules for the pur­ b ) Southern Rhodesia chase and sale of this sugar by the competent body in the United Kingdom which do not conflict with (>) Import suspended . the Common Agricultural Policy and which, at the same time help to maintain certain traditional in­ stitutions ; 3 . Nevertheless : Whereas it is appropriate to specify the total sum to (a) when one or more countries or territories of be paid by the importer at the time of importation, origin is not or are not in a position to supply as well as the adjustments necessary in the case of the quantity indicated in paragraph 2 (a), the sugar whose yield differs from that of standard above apportionment may be modified according quality sugar ; whereas various information has to be to the rules laid down in the Agreement ; provided as regards the implementation of the import arrangements in question ; (b) during the period 1 February — 31 December 1973 , the quantities referred to in paragraph 2 shall be : HAS ADOPTED THIS REGULATION : — increased by the amount of the quantities bought in respect of the 1972 year and im­ Article 1 ported after 31 January 1973 ; 1 . The provisions of Protocol No 17, paragraph 2 and of the Act shall apply only to sugar which, before importation into the United Kingdom was : — decreased by the amount of the quantities imported during the month of January 1973 (l ) OJ No L 73, 27. 3 . 1972, p. 14. in respect of the 1973 year ;

No L 29 / 24 Official Journal of the European Communities 1. 2 . 73

Article S (c ) for the calendar year 1974, the quantities referred to in paragraph 2, increased by the amount of the quantities bought in respect of the 1973 year, but imported in 1974, may be imported until 1 . The Contract of Sale shall impose the following 28 February 1975 . obligations in particular on the purchaser :

( a) responsibility for transport as far as United Article 2 Kingdom ports ;

(b) that he assume all risks concerning the merchan­ 1 . The agreed purchase price referred to in Pro­ dise from the moment of loading. tocol No 17, paragraph 2 of the Act shall be equal to the price decided upon under the Agreement, 2. The competent body in the United Kingdom including, where appropriate, the special payment. shall pay to the purchaser a standard amount in­ tended to compensate , case by case :

2. The agreed purchase price shall apply to raw ( a) the cost of transporting the merchandise from cane sugar, polarization 96°, in bulk, fob and stowed the exporting country or territory to the United in a seagoing vessel at the port. Kingdom ;

( b) the cost of insuring the merchandise during 3 . The price referred to in paragraph 2 shall be transport. adjusted by the increases and reductions provided for in the Agreement , in relation to the polarization of the sugar as delivered . Article 6

Article 3 The special levy and the tax referred to in para­ graph 2 of Protocol No 17 of the Act shall be col­ lected on importation. A correcting factor shall be applied to the marketing price referred to in Regulation ( EEC) No 239/73 ( l ) where the yield of the sugar imported is greater or less than 92 per cent. This factor shall be obtained Article 7 by dividing the percentage yield of the raw sugar imported by 92 . 1 . The world market price used in calculating the tax referred to in paragraph 2 (b) of Protocol No 17 of the Act, shall be that applicable on the day of Article 4 importation .

1 . Subject to the provisions of Article 5 (2) the 2. When the weighted average of the world market re-sale price shall be fixed by the competent body prices used in calculating the tax or the subsidy pay­ in the United Kingdom on the basis of the world ment to be applied to imports during a given period market price for raw sugar applicable on the day differs from the weighted average of the re-sale prices of re-sale. for the quantities in respect of which contracts have been agreed during this same period, an adjustment shall be made for a subsequent period on the 2. This price shall apply to raw sugar of 96° basis of the difference between the two weighted polarization, in bulk, cif, free out, delivered United averages or, where appropriate , the tax or the subsidy shall be introduced . Kingdom port.

3. The re-sale price, where appropriate, shall be Article 8 adjusted by the increases and reductions provided for by the Sugar Association of London in keeping with the polarization of the sugar as delivered. The United Kingdom and the Commission will furnish each other with the data necessary for the 0 ) See p. 14 of this Official Journal . operation of this Regulation.

1.2.73 Official Journal of the European Communities No L 29/ 25

Article9¶

The conditions of operation of this Regulation are This Regulation shall enter into force on the day to be established by the procedure laid down in of its publication in the Official Journal of the Article 40 of Regulation No 1009/67/EEC (*) of European Communities . 18 December 1967 on the common organization of the market in sugar, as last amended by the Act .

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 308, 18 . 12. 1967, p . 1 .