31974R0389

15 . 2 . 74 Official Journal of the European Communities No L 43 /35

REGULATION ( EEC) No 389/ 74 OF THE COMMISSION of 14 February 1974 laying down detailed rules for applying the special export levy on syrups and other sugars and amending Regulation (EEC) No 2637/70

THE COMMISSION OF THE EUROPEAN Whereas, since the products in question in most cases COMMUNITIES, have the characteristics of processed products, it seems appropriate to fix the amounts of the levies in prin­ Having regard to the Treaty establishing the European ciple at regular intervals and on the basis of the Economic Community ; amounts applied to white sugar ; Having regard to Council Regulation No 1009/ 67/EEC ( 1 ) of 18 December 1967 on the common Whereas it seems appropriate to follow for the deter­ organization of the market in sugar, as last amended mination of the sucrose content, including other by Regulation (EEC) No 1928/73 (2), and in particular sugars expressed as sucrose, the provisions of Commis­ Article 1 1 (2) and Article 1 6 (4) and (5) thereof ; sion Regulation (EEC) No 394/70 ( 10) of 2 March 1970 Whereas Article 16 of Regulation No 1009 /67/ EEC on detailed rules for granting export refunds on sugar ; provides, under certain conditions, for the charging of an export levy or of a special export levy on white Whereas the measures provided for in this Regulation sugar and raw sugar ; whereas the appropriate general are in accordance with the Opinion of the Manage­ and detailed rules have been adopted by Council Regu­ ment Committee for Sugar, lation (EEC) No 608/72 (3 ) of 23 March 1972 laying down rules to be applied in cases of considerable price rises on the world sugar market and by Commission Regulation (EEC) No 1 076/72 (4) of 25 May 1972 laying down detailed rules for applying export levies HAS ADOPTED THIS REGULATION : on sugar and amending Regulation (EEC) No 2637/70 as amended by Regulation (EEC) No 58 /74 (5) ; Whereas, since a shortage of sugar at present prevails Article 1 on the world market, it could become necessary to introduce a special export levy also for the products This Regulation lays down detailed rules for the referred to in Article 1 ( 1 ) (d) of Regulation No 1009/ charging of the special export levy on products 67/ EEC ; whereas detailed rules for this must be referred to in Article 1 ( 1 ) (d) of Regulation No 1009/ adopted ; whereas, because of their particular 67 / EEC . economic and technical properties, these detailed rules must be appropriate to these products ; whereas these provisions however can , as regards certain ArtieIt' 2 aspects, correspond to those already adopted by Regu­ lation (EEC) No 1076/72 and by Commission Regula­ tion (EEC) No 1373/70 (6) of 10 July 1970 on 1 . The special export levy referred to in Article 16 common detailed rules for the application of the ( 1 ) second subparagraph of Regulation No 1009/ system of import and export licences and advance 67/ EEC shall be applicable to the products which are fixing certificates for agricultural products subject to a contained in the Annex to this Regulation and they single price system, as last amended by Regulation are in one of the situations referred to in Article 9 (2) (EEC) No 1 796/73 (7); of the Treaty. Whereas that implies the amendment of Commission Regulation (EEC) No 2637/70 (8) on special detailed 2. This special levy shall also be charged on rules for the application of the system of import and products shown in the Annex which , by reason of the export licences and advance fixing certificates for agri­ customs regulations regarding their packaging or by cultural products, as last amended by Regulation reason of their incorporation in or addition to one or (EEC) No 59 /74 (9) ; more products not in free circulation , are not in one of the situations referred to in Article 9 (2) of the (>) OJ No 308 , 18 . 12 . 1967, p. 1 . Treaty. (2) OJ No L 199, 19 . 7. 1973, p. 7. (3) OJ No L 75, 28 . 3 . 1972, p. 5. (4) OJ No L 121 , 25. 5. 1972, p. 22. 3 . The special levy referred to in paragraph 1 shall (5) OJ No L 8, 10 . 1 . 1974, p. 13 . not be charged on the products in respect of which , (6) OJ No L 158 , 20 . 7. 1970, p. 1 . before the date on which it becomes applicable, an (7) OJ No L 183 , 5. 7. 1973, p . 1 . (8) OJ No L 283, 29 . 12. 1970, p . 15 . H OJ No L 8 , 10 . 1 . 1974, p. 15. ( I0) OJ No L 50 , 4. 3 . 1970, p . 1 .

No L 43/36 Official Journal of the European Communities 15 . 2 . 74

export licence with advance fixing of the rate of the 2. The special export levy shall be collected by the fund has been applied for. Member State on whose territory the formalities referred to in paragraph 1 are completed. They shall Article 3 be payable at the latest at the time of completion of those formalities . The following shall be substitued for Article 30 (4) of Regulation (EEC) No 2637/70 : A rticle 6 '4 . For the purposes of Article 1 (3) of Regula­ tion (EEC) No 1076/72 and of Article 2 (3) of 1 . The special export levy shall be fixed, in prin­ Regulation (EEC) No 389/74, Section 18 of the ciple, at regular intervals . The amount of the levy shall export licence shall also contain one of the be fixed on the basis of the amount of the special following endorsements : export levy applicable to white sugar and taking into account the economic and technical aspects of the "Export levy not applicable", products concerned. It shall be fixed as the basic "prélèvement à 1 exportation non applicable", amount of the special export levy. The basic amount "Ausfuhrabschopfung nicht anzuwendenden", of the special levy shall be fixed per kilogramme of "prelievo all'esportazione non applicabile", sucrose content, including other sugars expressed as "uitvoerheffing niet van toepassing", sucrose . These contents shall be determined according "eksportafgift, der ikke skal anvendes". to the provisions of Article 13 ( 1 ) to (3) of Regulation (EEC) No 394/70 . Article 4 2. The special export levy per 100 kilogrammes of The provisions referred to in Articles 1 (4), 4 and 5 of the products listed in the Annex to this Regulation , Regulation (EEC) No 1076/72 shall also be applicable shall be equal to the basic amount multiplied by the to the products referred to in the Annex to this Regu­ lation . established sucrose content including, where appro­ priate, the content of other sugars expressed as sucrose . Article 5

1 . The rate of the special levy applicable to the Article 7 export shall be the levy valid on the day of comple­ tion of the customs formalities referred to under (b) of This Regulation shall enter into force on the third day the second subparagraph of Article 8 (2) of Regulation following its publication in the Official Journal of ( EEC) No 1373 / 70 . the European Communities.

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

Done at Brussels, 14 February 1974 . For the Commission The President

Francois-Xavier ORTOLI

15 . 2 . 74 Official Journal of die European Communities No L 43 /37

ANNEX

CCT heading Description of goods No

17.02 Other sugars ; sugar syrups ; artificial honey (whether or not mixed with natural honey) ; caramel : ex D. Invert sugar and other syrups

ex F. Caramel made from ibeet sugar and cane sugar

17.05 Flavoured or coloured sugars, syrups and molasses, but not in­ cluding fruit juices containing added sugar in any proportion : ex C. Other, excluding flavoured or coloured molasses