31974R3170

No L 338 / 8 Official Journal of the European Communities 17 . 12 . 74

REGULATION ( EEC ) No 3170 / 74 OF THE COMMISSION of 16 December 1974 laying down detailed rules for the application of the special export levy on sugar beet and sugar cane

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES , are in accordance with the Opinion of the Manage­ ment Committee for Sugar, Having regard to the Treaty establishing the European Economic Community ;

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation No 1009 / 67/ EEC (') of 18 December 1967 on the common organization of the market in sugar, as last amended Article / by Regulation ( EEC) No 2476/74 (2 ), and in particular Article 16(4) thereof ; This Regulation lays down detailed rules for the charging of the special export levy on products speci­ Whereas Article 16 of Regulation No 1009 / 67 / EEC fied in Article 1(1 ) (b) of Regulation No 1009 / provides, under certain conditions, for the charging of 67 / EEC . an export levy or of a special export levy on white sugar and raw sugar ; whereas the appropriate general and detailed rules were established by Council Regula­ Article 2 tion ( EEC) No 608 / 72 (J ) of 23 March 1972 laying down rules to be applied in cases of considerable price 1 . The special export levy in the second subpara­ rises on the world sugar market and by Commission graph of Article 16(1 ) of Regulation No 1009 / 67/ EEC Regulation ( EEC) No 1076/72 (4) of 25 May 1972 shall be applicable to the products which are specified laying down detailed rules for applying export levies in the Annex to this Regulation provided such on sugar and amending Regulation ( EEC) No products are in one of the situations described in 2637 / 70 , as amended by Regulation ( EEC) No Article 9 (2) of the Treaty . 58 / 74 ( 5 ) ; 2 . This special levy shall also be charged on Whereas , in view of the present situation on the sugar products shown in the Annex which , by reason of the market both within the Community and outside , it customs status of their packaging or by reason of their has become necessary to apply a special export levy incorporation in , or addition to, one or more products also for the products specified in Article 1 ( 1 ) (b) of not in free circulation , are not in one of the situations Regulation No 1009 / 67/ EEC ; whereas detailed rules described in Article 9 ( 2) of the Treaty . for this must be adopted ;

Whereas , in view of the seasonal nature of trade in the Article 3 products specified in Article 1 ( l)(b) of Regulation No 1009 / 67 / EEC , it appears sufficient to provide in prin­ The provisions of Articles 1 (4), 4 and 5 of Regulation ciple only one fixation of special export levy for each ( EEC) No 1076 / 72 shall also be applicable to the sugar year ; whereas this levy should be applied per products specified in the Annex to this Regulation . metric ton of product ; whereas , in calculating this levy , account should be taken , on a flat rate basis , of the difference per 100 kilogrammes of white sugar, Article 4 between the arithmetic average of the cif prices for the white sugar recorded over a particular period and 1 . The rate of the special levy applicable to the the threshold price of this sugar applied at the time export shall be the levy applicable on the day of when the special levy is fixed ; whereas this difference completion of the customs formalities referred to in must be multiplied by appropriate coefficients which Article 8 (2) (b) of Regulation ( EEC) No 1 373 / 70 (6). will usually correspond to the natural sucrose content of the products specified in the Annex as generally 2 . The special export levy shall be collected by the determined in the Community ; Member State in whose territory the formalities referred to in paragraph 1 of this Article are (') OJ No 308 , 18 . 12 . 1967, p . 1 . completed . It shall be payable at the latest at the time (2 ) OJ No L 264, 1 . 10 . 1974, p. 70 . of completion of those formalities . (3 ) OJ No L 75 , 28 . 3 . 1972, p. 5 . (4 ) OJ No L 121 , 26 . 5 . 1972 , p. 22 . (5 ) OJ No L 8 , 10 . 1 . 1974, p. 13 . ( 6) OJ No L 158 , 20 . 7 . 1970 , p. 1 .

17 . 12 . 74 Official Journal of the European Communities No L 338 / 9

Article 5 (a) 1-6 in the case of fresh sugar beet, whole or sliced ; 1 . The special export levy shall be fixed, in prin­ (b) 5-5 in the case of dried sugar beet, whole , sliced or ciple , once each sugar year in units of account per powdered ; metric ton . (c) 1-1 in the case of sugar cane . 2. The amount of the levy shall be determined per metric ton of the products referred to in the Annex by multiplying the difference, per 100 kilogrammes of Article 6 white sugar, between the arithmetic average of the cif prices recorded during the three months preceding the month of the day on which the levy is fixed and This Regulation shall enter into force on the third day the threshold price applied on that day, by a coeffi­ following its publication in the Official Journal of cient of : the European Communities.

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

Done at Brussels , 16 December 1974 .

For the Commission

The President Francois-Xavier ORTOLI

A NNEX

CCT heading Description of goods No

1 2.04 Sugar beet, whole or sliced , fresh , dried or powdered ; sugar cane : A. Sugar beet : ex I. Fresh , of a sugar content equal to or greater than 1 2-5 % II . Dried or powdered B. Sugar cane