31976R2836

25 . 11 . 76 Official Journal of the European Communities No L 326/ 15

COMMISSION REGULATION (EEC) No 2836/76 of 24 November 1976 supplementing Regulation (EEC) No 442/70 laying down detailed rules for the application of the system of offsetting storage costs for sugar

THE COMMISSION OF THE EUROPEAN ingly. In the case of a shortfall such adjustment COMMUNITIES, shall be retrospective, with effect from the preceding 1 November. Having regard to the Treaty establishing the European Economic Community, In the case of a surplus, the adjustment shall be Having regard to Council Regulation (EEC) No 3330/74 of 19 December 1974 on the common organi­ — effective from the month in which the surplus zation of the market in sugar (J), as last amended by is discovered, as regards surpluses discovered Regulation (EEC) No 1487/76 (2), and in particular the between 1 October and 31 January ; second subparagraph of Article 8 (2) thereof, — retrospective with effect from the previous 1 February as regards surpluses discovered Whereas Article 9 (2) of Commission Regulation between 1 February and 30 September. (EEC) No 442/70 of 9 March 1970 laying down detailed rules for the application of the system of The dates referred to in the preceding subpara­ offsetting storage costs for sugar (3), as last amended by graphs shall be deferred by three months in Regulation (EEC) No 1 688/74 (4), at present makes no respect of the French departments of Guadeloupe provision for taking shortfalls or surplus quantities and Martinique. into account when calculating the reimbursement of storage costs ; whereas to this end the methods already applied by the Member States in this respect should If, however, it is possible to establish the precise be harmonized ; date when the discrepancy in question first arose, then that shall be the date by reference to which Whereas it is economically desirable to extend the the adjustment is made. term 'approved warehouse of the manufacturer' to cover rented warehouses, provided these are approved 5. For the purposes of paragraph 1 the expres­ by the Member State concerned and subject to prior sion 'approved warehouse of the manufacturer consent by that Member State, save in cases where the shall also cover a warehouse rented from another processing contract under which the warehouse is manufacturer in which is stored sugar processed rented has already been approved under Article 3 (2) by the latter under a contract as referred to in (a) of Commission Regulation (EEC) No 700/73 of 12 Article 3 (2) of Regulation (EEC) No 700/73. March 1973 laying down certain detailed rules for the application of the quota system for sugar (5), as If the rented warehouse is in another Member amended by Regulation (EEC) No 1 573/76 (6) ; State, the Member States concerned shall reach Whereas the measures provided for in this Regulation agreement on the measures to be taken . Reimbur­ are in accordance with the opinion of the Manage­ sement shall be made and the levy paid to the ment Committee for Sugar, Member State in which the principal is estab­ lished .

HAS ADOPTED THIS REGULATION : 6. When a manufacturer finds it necessary to rent in the same Member State a warehouse owned Article 1 by another manufacturer, or by a proprietor of industrial storage premises for renting, such a ware­ The following paragraphs 4, 5 and 6 shall be added to house may, subject to prior consent by the Article 9 of Regulation (EEC) No 442/70 : Member State concerned, be treated as the first '4. Where discrepancies are found between the manufacturer's warehouse for purposes of para­ actual stocks and the stocks recorded for purposes graph 1 .' of the reimbursement of storage costs, the amount of the reimbursement shall be adjusted accord­

Article 2 (!) OJ No L 359 , 31 . 12. 1974, p. 1 . $ OJ No L 167, 26. 6. 1976, p. 9 . (3) OJ No L 55, 10 . 3 . 1970, p . 10 . This Regulation shall enter into force on the third day (4) OJ No L 176, 30 . 6. 1974, p. 5. (5) OJ No L 67, 14. 3 . 1973, p. 12. following its publication in the Official Journal of (6) OJ No L 172, 1 . 7. 1976, p. 52 . the European Communities.

No L 326/ 16 Official Journal of the European Communities 25 . 11 . 76

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

Done at Brussels, 24 November 1976.

For the Commission

P.J. LARDINOIS Member of the Commission