31974R0834

9. 4. 74 Official Journal of the European Communities No L 99 / 15

REGULATION (EEC) No 834/74 OF THE COMMISSION of 5 April 1974 laying down requisite provisions to prevent the sugar market being disturbed as a result of the price increase in this sector for the 1974/75 sugar marketing year

THE COMMISSION OF THE EUROPEAN during the two periods abovementioned ; whereas the COMMUNITIES, amount of this levy has been fixed for the 1973/74 sugar marketing year by Commission Regulation Having regard to the Treaty establishing the European (EEC) No 1755/73 (7) of 29 June 1973 ; Economic Community ;

Having regard to Council Regulation No 1009/ Whereas at present it is convenient only to make 67/EEC (1) of 18 December 1967 on the common provision for the variation for the period before 1 July organization of the market in sugar, at last amended 1974 and to fix the variation for the subsequent by Regulation (EEC) No 1928/73 (2) and in particular period at the same time as the amounts applicable for Articles 37 (2) and 38 thereof ; the 1974/75 sugar marketing year under the system of offsetting storage costs are fixed ; Having regard to Council Regulation (EEC) No 206/68 (3) of 20 February 1968 laying down outline Whereas it is necessary to prevent fictitious sales, provisions for contracts and inter-trade agreements on which could be contrary to the objective pursued ; the purchase of beet, at last amended by the Act (4), annexed to the Treaty concerning the Accession of new Member States to the European Economic Whereas an adequate solution must be envisaged for Community and the European Atomic Energy refiners, as they are not obliged to pay the levy on Community, and in particular Article 11 ; stocks of raw sugar ; whereas this objective may be met by the payment to the supplier of the basic Having regard to Council Regulation (EEC) No product of a reasonable amount which, taking into 974/71 (5) of 12 May 1971 on certain measures of account a reimbursement to the beet grower, should conjunctural policy to be taken in agriculture be established on the basis of the increased values by following the temporary widening of the margins of a raw sugar manufacturer on the one hand and by a fluctuation for the currencies of certain Member refinery on the other ; whereas it is necessary to States, at last amended by Regulation (EEC) No provide at the same time for the payment of an 3450/73 (6), and in particular Article 6 ; amount by the raw sugar manufacturer to the beet grower in question ; Whereas the Council has decided to fix the interven­ tion price for the 1974/75 sugar marketing year at a level 7 % higher than the price which was applicable Whereas it is necessary to adapt the communications during the 1973/74 sugar marketing year ; whereas from Member States and manufacturers taking into that increase is liable to disturb the market in sugar ; account the amendments to the system of offsetting whereas Article 37 (2) of Regulation No 1009/67/EEC storage costs ; provides that the provisions necessary to prevent such a disturbance may be adopted in accordance with the procedure laid down in Article 40 of the said Regula­ Whereas the increase in Italy of the prices of sugar tion ; expressed in Italian lira resulting from the exchange rate to be applied for the Italian lira in the sugar Whereas it is essential to adopt provisions which are sector is appreciably higher than the Community effective and yet involve no risk of distortion of increase ; whereas it is absolutely necessary to prevent competition within the Community and without disturbances on the Community market on the one requiring too complicated measures of management hand by providing a reduction of the monetary or control at national level ; whereas a variation of the compensatory amounts for sugar imported before 1 amount of levy for offsetting storage costs for a period Jjuly 1974 and marketed for consumption from this before and after 1 July 1974 can meet these objec­ date and on the other hand by requiring Italy to adopt tives, if this variation results in manufacturers' national measures on its market ; whereas these incomes from sugar sales being increased successively national measures must result in the removal of any incentive to excessive stocking of sugar before 1 July (>) OJ No 308 , 18 . 12. 1967, p. 1 . 1974 ; whereas it is convenient to provide for a (2) OJ No L 199, 19. 7. 1973, p . 7. communication of these measures by a date which P) OJ No L 47, 23 . 2. 1968 , p. 1 . permits further Community intervention if necessary ; (*) OJ No L 73, 27. 3 . 1972, p. 14. (*) OJ No L 106, 12. 5. 1971 , p. 1 . (') OJ No L 353, 22. 12. 1973, p. 25. (7) OJ No L 176, 30 . 6. 1973, p. 73 .

No L 99 / 16 Official Journal of the European Communities 9 . 4 . 74

Whereas the measures provided for in this Regulation Article 4 are in accordance with the Opinion of the Manage­ ment Committee for Sugar, 1 . The communications referred to in Article 1 (4) of Commission Regulation (EEC) No 1087/69 (!) of 11 June 1969, on communications from Member States concerning sugar, as last amended by Regula­ HAS ADOPTED THIS REGULATION : tion (EEC) No 700/73 (2) shall from 1 April 1974 be made as follows :

Article 1 (a) the quantities for which the levy referred to in Article 1 ( 1 ) is to be paid ; 1 . By way of derogation from Regulation (EEC) No (b) the quantities for which the levy referred to in 1755/73, the amount of the levy referred to in Article Article 1 (2) is to be paid ; those quantities shall be 8 of Regulation No 1009/67/EEC shall, from 15 April notified separately according to whether they refer 1974, be fixed at 1-35 units of account per 100 kilo­ to the levies under (a), (b) or (c). grammes of white sugar. 2 . At the same time as the communication referred 2. However, upon an application from the person to in Article 10 (2) of Regulation (EEC) No 442/70, concerned and after he has proved that the sugar is the manufacturer shall notify for the month of April marketed in accordance with Article 9 ( 1 ) under (a), 1974 the quantities marketed on the one hand from 1 (b), (d), (e), (f) or (g) of Regulation (EEC) No 442/70, to 14 April and on the other hand from 15 to 30 the amount referred to in paragraph 1 shall be April. replaced by the following :

(a) 0-80 units of account from 15 April 1974 ; Article 5 (b) 0-65 units of account during the month of May 1974 ; On sugar imported before 1 July 1974,. Italy shall not grant the monetary compensatory amount applicable (c) 0-55 units of account during the month of June on the day of importation until the person concerned 1974 . has proved that the sugar in question is marketed for consumption before this date. As regards sugar imported before 1 July 1974 but marketed for Article 2 consumption from this date, this compensatory amount shall be reduced by 1 903 Italian lira per 100 Enterprises which refine raw sugar and which have in kilogrammes of white sugar and by 1 619 Italian lira stock at 00.00 hours on 1 July 1974 : per 100 kilogrammes of raw sugar.

— purchased raw sugar and/or — white sugar or syrups, manufactured from a Article 6 purchased raw sugar, 1 . Italy shall take national measures to prevent which are in free circulation, shall pay to the sellers of disturbances on the market resulting from the the raw sugar an amount which is equitable by increase on 1 July 1974 in the price of sugar comparison with the increase in the prices fixed at the expressed in Italian lira. These provisions shall consist Community level . This amount shall not be less than in particular of a payment to beet growers of the 1 *25 units of account per 100 kilogrammes of white increased value of stocks . sugar. 2 . The measures referred to in Article which have The Member States shall take the measures needed to been adopted or are to be adopted shall be communi­ enforce the provisions referred to in the previous cated in writing to the Commission before 5 June subparagraph. 1974 .

Article3¶

1 . Each manufacturer of raw beet sugar shall pay to This Regulation shall enter into force on the day the beet growers a part of the amount referred to following its publication in the Official Journal of Article 2, not less than 0-75 unit of account. the European Communities.

2. An inter-trade agreement may derogate from the (!) OJ No L 140, 12. 6. 1969, p. 15 . provisions of paragraph 1 . O OJ No L 67, 14. 3 . 1973 , p . 12.

9 . 4. 74 Official Journal of the European Communities No L 99 / 17

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

Done at Brussels, 5 April 1974.

For the Commission

The President

Francois-Xavier ORTOLI