31978R1465

30 . 6 . 78 Official Journal of the European Communities No L 176/9

COMMISSION REGULATION ( EEC) No 1465/78 of 29 June 1978 on granting compensation (or disadvantages suffered by certain sugar exporters

THE COMMISSION OF THE EUROPEAN invitation to tender in order to determine export COMMUNITIES, refunds for white sugar (5), as last amended by Regula­ tion ( EEC) No 11 82/78 (6), and pursuant to Commis­ sion Regulation (EEC) No 1790/77 of 2 August 1977 on a standing invitation to tender in order to Having regard to the Treaty establishing the European determine export refunds for raw beet sugar (7), as Economic Community, amended by Regulation (EEC) No 1182/78 , could be seriously prejudicial to Community management of this sector ; whereas, to prevent this happening, it is Having regard to Council Regulation ( EEC) No necessary to withhold the right to cancel while at the 878 /77 of 26 April 197/ on the exchange rates to be same time providing appropriate compensation for applied in agriculture ('), as last amended by Regula­ this disadvantage, and also to lay down the conditions tion (EEC) No 976/78 (2 ), and in particular Article 5 for granting such compensation ; thereof, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Whereas the said Regulation has brought into opera­ ment Committee for Sugar, tion the provisions of Council Regulation (EEC) No 1134/68 of 30 July 1968 laying down rules for the implementation of Regulation (EEC) No 653/68 on conditions, for alterations to the value of the unit of account used for the common agricultural policy (3) ; HAS ADOPTED THIS REGULATION : whereas Article 4 thereof provides that any person who has obtained advance fixing for a specific transac­ tion may on application obtain cancellation of the Article 1 advance fixing and of the relevant document or certifi­ cate ; whereas, however, Article 4 (2) of Regulation (EEC) No 878 /77 provides that the second subpara­ The compensation referred to in the second subpara­ graph of Article 4 ( 1 ) of Regulation (EEC) No 1 134/68 graph of Article 4 (2) of Regulation ( EEC) No 878 /77 applies only if the application of the new representa­ shall, for the 1978/79 sugar marketing year, be DM tive rates is disadvantageous to the party concerned ; 0*17 per 100 kilograms of sugar expressed in white value .

Whereas the second subparagraph of Article 4 (2) of Regulation (EEC) No 878/77 provides that the disad­ Article 2 vantage may be compensated for by an appropriate measure ; whereas such a disadvantage may exist in the case of operations under export certificates issued The compensation referred to in Article 1 shall only in the Federal Republic of Germany and for which at apply to quantities of sugar from the Federal Republic the same time no advance fixing of the monetary of Germany being exported with licences in respect of compensatory amounts was made in accordance with which the following conditions are satisfied : Commission Regulation (EEC) No 243/78 of 1 February 1978 providing for the advance fixing of (aj the export licences have been issued in the Federal monetary compensatory amounts (4 ) ; Republic of Germany under a partial invitation to tender held pursuant to Regulation (EEC) No 1634/77 or (EEC) No 1790/77 ; Whereas in the sugar sector any large-scale cancella­ (b) the successful offer has been made before 12 May tion of export licences issued following partial invita­ 1978 ; tions to tender held pursuant to Commission Regula­ (c) the customs export formalities are completed on tion (EEC) No 1634/77 of 19 July 1977 on a standing or after 1 July 1978 ; (') OJ No L 106, 29 . 4. 1977, p. 27 . (2 ) OJ No L 125, 13 . 5 . 1978 , p. 32 . (5 ) OJ No L 181 , 21 . 7 . 1977, p. 35 . (3) OJ No L 188 , 1 . 8 . 1968 , p. 1 . (") OJ No L 145, 1 . 6 . 1978 , p. 46 . (4) OJ No L 37, 7. 2 . 1978 , p. 5. (7) Oj No L 197, 4. 8. 1977, p. 11 .

No L 176/ 10 Official Journal of the European Communities 30 . 6 . 78

(d) the person concerned does not make use of the for in the last subparagraph of Article 4 ( 1 ) of Regula­ advance fixing of the monetary compensatory tion (EEC) No 1134/68 may not be exercised . amount for the operation in question .

Article 3 Article 4 In the case of licences issued in accordance with Article 2 (a) and (b), the right of cancellation provided This Regulation shall enter into force on 1 July 1978 .

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

Done at Brussels, 29 June 1978 .

For the Commission Finn GUNDELACH Vice-President