31973R0366

12 . 2 . 73 Official Journal of the European Communities No L 39/25

REGULATION (EEC) No 366/73 OF THE COMMISSION of 31 January 1973

laying down interim rules for sugar imported under certain conditions by certain Member States pursuant to agreements arising out of the International Sugar Agreement

THE COMMISSION OF THE EUROPEAN subject to agreements between Governments of COMMUNITIES , countries of destination and exporting countries ; whereas, morever, the Member States concerned should notify the Commission regularly of these Having regard to the Treaty establishing the European quantities of sugar and the Commission should inform Economic Community ; all Member States ;

Having regard to the Treaty (*) concerning the Whereas the measures provided for in this Regulation Accession of new Member States to the European are in accordance with the Opinion of the Manage­ Economic Community and to the European Atomic ment Committee for Sugar ; Energy Community, signed at Brussels on 22 January 1972, and in particular Article 63 ( 1 ) of the Act (2) annexed thereto , hereinafter called the ' Act', HAS ADOPTED THIS REGULATION :

Having regard to Council Regulation No 1009/67/ Article 1 EEC (3) of 18 December 1967 on the common organ­ ization of the market in sugar, as last amended by the Act, and in particular Article 38 thereof ; 1 . In derogation from the provisions of Article 20 (2), first subparagraph, second indent of Regulation No 1009/67/EEC, sugar exported to the Community Whereas certain new Member States, pursuant to from third countries, pursuant to Article 30 of the Article 30 of the International Sugar Agreement, have International Sugar Agreement, shall not circulate the right, under given world market conditions, to freely within the Community. take delivery of certain quantities of sugar at a maximum price. Now and for some time the world market price has been substantially the maximum 2. Member States who have the right to take delivery price ; whereas in the light of these provisions, these of sugar in accordance with paragraph 1 , shall, where Member States are also obliged to export a proportion appropriate, take all measures necessary to comply of these quantities of sugar under the same price with paragraph 1 . arrangements ; whereas the International Sugar Agree­ ment expires on 31 December 1973 and interim rules are required to ensure that, until the Agreement ex­ Article 2 pires, the rules governing Community levies are not affected by these deliveries at reduced prices ; 1 . The Member States referred to in Article 1 (2) shall notify the Commission, not later than at the end of each month, of the quantities of sugar of Whereas these interim rules could be expressed as to which they have taken delivery during the previous ensure that the sugar in question does not circulate month, pursuant to Article 30 of the International freely within the Community ; whereas it should be Sugar Agreement. This notification shall distinguish re-exported either in the natural state or processed ; between quantities :

Whereas the feasibility of controlling this trade is — which have not reached the customs territory of assured because the sugar in question is exclusively the Member State in question ;

— which have entered the customs territory of the Member State in question under arrangements in (x) OJ No L 73 , 27. 3 . 1972 , p. 5 . respect of which the payment of duties, charges (2) OJ No L 73 , 27. 3 . 1972, p. 14. (3) OJ No 308 , 18 . 12. 1967, p. 1 . and levies is suspended ;

No L 39/26 Official Journal of the European Communities 12 . 2 . 73

— which, following release under arrangements Article 3 referred to in the preceding indent have been re-exported either in the natural state or after This Regulation shall enter into force on the day of processing. its publication in the Official Journal of the European­ Communities . 2. The Commission shall inform the Member States of information received pursuant to this Regulation. This Regulation shall apply from 1 February 1973 .

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

Done at Brussels, 31 January 1973 .

For the Commission The President

Francois-Xavier ORTOLI