31977R2680

6 . 12 . 77 Official Journal of the European Communities No L 312/5

COMMISSION REGULATION (EEC) No 2680/77 of 5 December 1977 amending Regulation (EEC) No 834/74 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 Whereas, in its judgment of 30 October 1975 in Case COMMUNITIES, 23/75, the Court of Justice of the European Communi­ ties ruled that Article 6 of Regulation (EEC) No 834/74 was invalid ; whereas the Court considered Having regard to the Treaty establishing the European that, while being legally entitled to adopt a provision Economic Community, imposing a pecuniary charge on holders of sugar stocks in a Member State following a change in the common prices and of those prices expressed in Having regard to Council Regulation (EEC) No national currencies on the changeover from one sugar 3330/74 of 19 December 1974 on the common organi­ marketing year to the next, the Commission should it zation of the market in sugar ( J), as last amended by self determine the essential basic rules ; whereas these Regulation (EEC) No 3138/76 (2), and in particular rules should indicate the classes of trader subject to Article 33 thereof, the charges and the bases for calculating it and contain a definition of the concept of 'excessive stocking' according to the classes of trader concerned Whereas, when fixing the intervention price for the and the size of the undertakings ; 1974/75 sugar marketing year, the Council decided on a level 7 % higher than the price which applied during the preceding sugar marketing year ; whereas, furthermore, in Italy the price of sugar expressed in Whereas it is therefore necessary to fill the legal Italian lira increased very sharply by 37 % as a result vacuum thereby created so as to avoid discriminating of the increase in the intervention price and a new against holders of sugar who supplied the Italian exchange rate for the Italian lira in the sugar sector ; market normally before 1 July 1974 ; whereas the whereas the supply situation on the Community provision that has been invalidated should, therefore, market and on the Italian market in particular was be entirely replaced by another that takes account of seriously threatened by the sugar shortage during the the judgment of the Court while retaining the essen­ 1973/74 marketing year ; whereas to prevent distur­ tial characteristics of the original measure ; bances on the market of that Member State special measures had to be taken to discourage traders from holding sugar and stocking it in excessive quantities Whereas this provision can be introduced under before 1 July 1974 ; whereas in these circumstances it Article 33 of Regulation (EEC) No 3330/74 ; whereas was necessary to record all quantities of sugar in this Article which provides for the possibility of excess of 500 kg held in stock by such traders on 1 adopting requisite provisions to prevent the sugar July 1974 ; market being disturbed as a result of an alteration in price levels at the changeover from one marketing Whereas on the basis of the above considerations the year to the next, reproduces exactly the terms of Commission, in Article 6 of Commission Regulation Article 37 (2) of Regulation No 1009/67/EEC of 18 (EEC) No 834/74 of 5 April 1974 laying down requi­ December 1967 on the common organization of the site provisions to prevent the sugar market being market in sugar (5), under which the invalidated disturbed as a result of the price increase in this sector measure was adopted ; for the 1974/75 sugar marketing year (3), as last amended by Regulation (EEC) No 2106/74 (4), made provision for Italy to take certain national measures to Whereas the amount of the charge levied on sugar prevent market disturbances resulting from the holders should cover the difference between consumer increase, on 1 July 1974, in the price of sugar prices in Italy on the changeover from the 1973/74 to expressed in Italian lira ; whereas pursuant to that the 1974/75 sugar marketing year ; whereas, however, provision Italy laid down that all those holding stocks when fixing the amount of the charge to be levied on of sugar in excess of 500 kg on 1 July 1974 should sugar manufacturers, account must be taken of the pay a charge ; impact of the other measures laid down in Regulation (EEC) No 834/75 which this category of traders had to (>) OJ No L 359, 31 . 12. 1975, p. 1 . bear ; (2) OJ No L 354, 24. 12. 1976, p. 1 . (J) OJ No L 99, 9 . 4. 1974, p. 15. (4) OJ No L 218, 9. 8 . 1974, p. 53 . (5) OJ No 308 , 18 . 12. 1967, p. 1 .

No L 312/6 Official Journal of the European Communities 6 . 12. 77

Whereas certain industrial users of sugar need to have hours on 1 July 1974 held, for any reason a sufficient stock to continue normal activity ; whereas whatsoever, white sugar, raw sugar or sugar syrups such a stock cannot be termed excessive ; whereas the in excess of 500 kg, or to whom one of these size of such a stock will differ according to the type or products was being transported in Italy at that seasonal nature of the activity of each undertaking time . concerned ; whereas, however, in the supply situation Italy shall record the quantities concerned on the outlined above it is reasonable to consider that, to basis of declarations to be made by the parties maintain normal activity, industrial users require suffi­ concerned before a date to be determined by that cient stocks to sustain that activity at that time of the Member State . year for four weeks ; 3. Italy , shall fix the amount of the charge Whereas it is necessary to provide that Italy can adopt every national measure for the application of this referred to in paragraph 1 so that it does not exceed the difference between the consumer Regulation particularly in relation to reimbursements of sums that have been collected in excess pursuant to prices, expressed in Italian lira, applying on the market of that Member State at the end of the the exemption from the charge on working stocks 1973/74 sugar marketing year and at the begin­ provided for by this Regulation ; ning of the 1974/75 sugar marketing year. Whereas the measures provided for in this Regulation are in accordance with the opinion of the . Manage­ 4. The charge referred to in paragraph 1 shall ment Committee for Sugar, be levied on all quantities recorded pursuant to the provisions of paragraph 2, excluding working stocks . HAS ADOPTED THIS REGULATION : Working stocks shall be that quantity of sugar Article 1 held by industrial users which is necessary for four weeks' activity in 1 974 ; the reference period to be Article 6 of Regulation (EEC) No 834/74 is amended taken for that purpose shall be determined on the to read as follows : basis of the type and seasonal nature of the activity of each of these industries. • Article 6 5. Italy shall adopt the requisite measures for 1 . In order to regularize the economic situation threatened by disturbances on the Italian market the application of this Article and shall notify the Commission thereof in writing without delay.' caused by the increase, on 1 July 1974, of the price of sugar expressed in Italian lira, Italy shall levy a charge on sugar stocks to be paid by all Article 2 holders of sugar as defined below and shall distri­ bute the proceeds from this charge to sugar beet This Regulation shall enter into force on the third day growers . following its publication in the Official Journal of the European Communities. 2. Within the meaning of paragraph' 1 a holder of sugar shall be any person who, in Italy at 00 It shall apply with effect from 10 April 1974.

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

Done at Brussels, 5 December 1977.

For the Commission

Finn GUNDELACH Vice-President