31978R1401

27 . 6 . 78 Official Journal of the European Communities No L 170 / 13

COUNCIL REGULATION ( EEC) No 1401 /78 of 20 June 1978 fixing , for the 1978/79 sugar marketing year, the differential charge to be levied on raw preferential sugar and the differential amount to be granted in respect of raw cane sugar from the French overseas departments

THE COUNCIL OF THE EUROPEAN refined in that region in the 1977/78 sugar marketing COMMUNITIES , year was exempted from the differential charge ; whereas, for the same reasons, that exemption should be continued in respect of Ireland for the 1978/79 Having regard to the Treaty establishing the European Economic Community, sugar marketing year ;

Whereas the second subparagraph of Article 9 (3) of Having regard to Council Regulation (EEC) No Regulation (EEC) No 3330/74 provides, in particular, 3330/74 of 19 December 1974 on the common organi­ that where a differential charge has been fixed, a differ­ zation of the market in sugar ( } ), as last amended by ential amount equal to that charge shall be granted in Regulation (EEC) No 1396/78 (2), and in particular respect of the raw sugar produced in the French over­ Articles 9 ( 5) and 47 ( 1 ) thereof, seas departments and refined in a refinery defined in paragraph 7 of that Article and situated in the Having regard to the proposal from the Commission , Community ; whereas that amount should therefore be fixed at 1-69 units of account per 100 kilograms of Whereas Article 46 ( 1 ) of Regulation ( EEC) No white sugar, 3330/74 provides that where there is a difference between, on the one hand, the raw sugar refining margin used to determine the intervention and HAS ADOPTED THIS REGULATION : threshold prices for raw sugar and, on the other hand , the margin necessary for the refining of raw preferen­ tial sugar, a differential charge to be made on the Article 1 latter sugar shall be fixed for the sugar marketing year in question ; This Regulation shall apply to the 1978 /79 sugar marketing year. Whereas the bulk of the raw preferential sugar cannot be refined unless use is made of the refineries defined in Article 9 (7) of Regulation (EEC) No 3330/74 ; Article 2 whereas the margin required for the refining of the said sugar in such refineries is greater, according to the information at present to hand, than that taken The differential charge provided for in Article 46 ( 1 ) into account when determining the intervention and of Regulation (EEC) No 3330/74 shall be fixed at 1-69 threshold prices for raw sugar for the 1978 /79 sugar units of account per 100 kilograms of sugar expressed marketing year ; whereas a differential charge should as white sugar by reference to a raw sugar yield calcu­ lated by doubling the degree of polarization of that therefore be fixed for that year ; whereas the amount sugar and deducting 100 therefrom . Nevertheless, this thereof may be fixed at a flat rate of 1-69 units of account per 100 kilograms of sugar expressed as white charge shall not apply to raw preferential sugar sugar, taking into account certain differences in the refined during the 1978/79 sugar marketing year in costs concerned ; Ireland up to a maximum quantity of 30 000 tonnes of sugar expressed as white sugar. Whereas Article 46 (2) (b) of Regulation ( EEC) No 3330/74 makes provision for the non-application of Article 3 the whole of the differential charge, or part of that charge, to any raw preferential sugar which is The differential amount provided for in the second imported into regions of the Community and refined subparagraph of Article 9 (3) of Regulation (EEC) No there in a production unit other than a refinery as 3330 /74 shall be fixed at 1-69 units of account per defined in Article 9 (7) of that Regulation ; whereas, 100 kilograms of white sugar. having regard to the traditional patterns of supplies of the said sugar to Ireland, a maximum quantity of 30 000 tonnes of that sugar expressed as white sugar Article 4 (>) OJ No L 359, 31 . 12. 1974, p. 1 . (2) See page 1 of this Official Journal . This Regulation shall enter into force on 1 July 1978 .

No L 170/ 14 27 . 6 . 78 Official Journal of the European Communities

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

Done at Luxembourg, 20 June 1978 . For the Council

The President P. DALSAGER