31975R0038

No L 5/8 Official Journal of the European Communities 9 . 1 . 75

REGULATION ( EEC) No 38 /75 OF THE COMMISSION

of 8 January 1975

amending Regulation (EEC) No 2637/70 concerning the application of the system of import and export licences for sugar

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES, Article 1 Having regard to the Treaty establishing the European The flollowing paragraph is added to Article 31 of Economic Community ; Regulation (EEC) No 2637/70 : Having regard to Council Regulation No 1009/ 'The provisions of this Article shall not apply to 67/ EEC ( 1 ) of 18 December 1967 on the common sugar on which the export levy referred to in organization of the market in sugar, as last amended Article 16 of Regulation No 1009/67/ EEC is by Regulation (EEC) No 2476/74 (2), and in particular charged pursuant to Article 25 (2) of that Regula­ Articles 1 1 (2) and 25 (3) thereof ; tion .'

Whereas the levy referred to in Article 16 of Regula­ Article 2 tion No 1009/67/ EEC is charged on exports of certain quantities of sugar produced in excess of the The first paragraph of Article 33a of Regulation (EEC) maximum quota ; whereas it should be expressly No 2637/70 is replaced by the following : stated that Article 31 of Commission Regulation ' 1 . Without ' prejudice to the application of (EEC) No 2637/70 (3) of 23 December 1970 on special Article 21 of Regulation No 1009/ 67/ EEC, export detailed rules for the application of the system of licences for sugars falling within tariff heading No import and export licences and advance fixing certifi­ 17.01 , other than those to which the provisions of cates for agricultural products, as last amended by Article 31 apply, shall be issued on the third Regulation (EEC) No 2858 /74 (4), does not apply to working day following the day on which the appli­ the abovementioned quantities of sugar ; whereas it is cation is lodged.' also desirable to clarify the text of Article 33a of the said Regulation ; Article 3

Whereas the measures provided for in this Regulation This Regulation shall enter into force on the third day are in accordance with the Opinion of the Manage­ following its publication in the Official Journal of ment Committee for Sugar, the European Communities.

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

Done at Brussels, 8 January 1975 .

For the Commission

The President

Francois-Xavier ORTOLI

(') OJ No 308 , 18 . 12. 1967, p . 1 . (2 ) OJ No L 264, 1 . 10 . 1974, p. 70 . (3 ) OJ No L 283 , 29 . 12. 1970, p . 15 . (4 ) OJ No L 305, 15 . 11 . 1974, p. 27 .