31977R0101

20 . 1 . 77 No L 17/ 11 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 101 /77 of 19 January 1977 amending Regulation (EEC) No 572/ 76 fixing monetary compensatory amounts, with special reference to sugar

THE COMMISSION OF THE EUROPEAN application should be restricted to cases where a COMMUNITIES, compensatory amount is levied on exportation ; Having regard to the Treaty establishing the European Whereas Regulation (EEC) No 572/76 also provides Economic Community, for the non-application of monetary compensatory amounts for certain exports of sugar ; whereas the Having regard to Council Regulation (EEC) No arrangements applicable to those exports have 974/71 of 12 May 1971 on certain measures of expired ; whereas references to them should therefore conjunctura! policy to be taken in agriculture be omitted from the Regulation ; following the temporary widening of the margins of fluctuation for the currencies of certain Member Whereas the measures provided for in this Regulation States ( ! ), as last amended by Regulation ( EEC) No are in accordance with the opinion of the Manage­ 557/76 (2), and in particular Article 6 thereof, ment Committee for Sugar, Whereas it is laid down in Part 7 of Annex I to Commission Regulation (EEC) No 572/76 of 15 HAS ADOPTED THIS REGULATION : March 1976 fixing the monetary compensatory amounts and certain rates for their application (3), as Article 1 last amended by Regulation (EEC) No 8 1 /77 (4), that no monetary compensatory amount is to be applied to Footnote (') to Part 7 of Annex I to Regulation (EEC) sugar exported pursuant to Article 26 of Council Regu­ No 572/76 is amended to read as follows : lation (EEC) No 3330/74 of 19 December 1974 on (') No monetary compensatory amount shall be the common organization of the market in sugar (5), as applied to sugar exported to non-member coun­ last amended by Regulation (EEC) No 3 1 38/76 (6) ; tries pursuant to Article 26 of Regulation (EEC) Whereas the exportation of such sugar, produced No 3330 /74. It shall be levied, however, where during a given sugar marketing year in excess of the the customs export formalities are completed in maximum quota of the undertaking, may give rise to a Member State other than that in which the deflections of trade since it may be replaced in intra­ export licence was issued.' Community trade by sugar which has been produced within the limits of the quota and is thus subject to Article 2 the application of compensatory amounts ; whereas an operator who engages in such deflections benefits This Regulation shall enter into force on the day of its therefrom unfairly ; publication in the Official Journal of the European Communities. Whereas, in order to prevent such practices, compensa­ tory amounts should therefore be applied to such However, it shall not apply to exports effected on the sugar where it is exported from a Member State other basis of licences issued before the date of entry into than that in which it was produced and that such force of this Regulation .

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

Done at Brussels, 19 January 1977 . For the Commission Finn GUNDELACH Vice-President

(■) OJ No L 106, 12 . 5 . 1971 , p. 1 . (2) OJ No L 67, 15 . 3 . 1976, p. 1 . (3 ) OJ No L 68 , 15 . 3 . 1976, p. 5 . (4) OJ No L 14, 17 . 1 . 1977, p. 5 . (5) OJ No L 359, 31 . 12 . 1974, p. 1 . (6) OJ No L 354, 24 . 12. 1976, p. 1 .