31981R0908
4 . 4 . 81 Official Journal of the European Communities No L 91 /9
COMMISSION REGULATION ( EEC) No 908 /81 of 3 April 1981 on the advance fixing of monetary compensatory amounts in the tender system for the export of sugar
THE COMMISSION OF THE EUROPEAN last amended by Regulation (EEC) No 3274/80 (7), and COMMUNITIES, pursuant to Commission Regulation (EEC) No 1216/80 of 14 May 1980 on a standing invitation to tender in order to determine levies and/or refunds on Having regard to the Treaty establishing the European exports of raw beet sugar (8), as last amended by Regu Economic Community, lation (EEC) No 3274/80, and pursuant to Commis sion Regulation (EEC) No 63/81 of 9 January 1981 on an invitation to tender for levies or refunds on exports Having regard to Council Regulation (EEC) No of white sugar to Poland (9), and pursuant to Commis 974/71 of 12 May 1971 on certain measures of sion Regulation (EEC) No 199/81 of 27 January 1981 conjunctural policy to be taken in agriculture on a standing invitation to tender in order to following the temporary widening of the margins of determine levies and/or refunds on exports of raw fluctuation for the currencies of certain Member cane sugar produced in the French overseas depart States ( !), as last amended by Regulation (EEC) No ments ( 10), could be seriously prejudicial to Commu 1 523/80 (2), and in particular Article 6 thereof, nity management of this sector ;
Having regard to Council Regulation (EEC) No Whereas the most appropriate measure to avoid all 878/77 of 26 April 1977 on the exchange rates to be risk of disadvantage consists in providing for the applied in agriculture (3), as last amended by Regula persons concerned the possibility of advance fixing of tion (EEC) No 850/81 (4), and in particular Article 5 the monetary compensatory amounts referred to in thereof, Article 1 (2) of Commission Regulation (EEC) No 243/78 of 1 February 1978 establishing the advance fixing of monetary compensatory amounts ( n ), as Whereas Regulation (EEC) No 878 /77 has brought amended by Regulation (EEC) No 1544/78 ( 12 ), after into operation the provisions of Council Regulation the issue of the export licences in question in respect (EEC) No 1134/68 of 30 July 1968 laying down rules of the tenders referred to in Regulations (EEC) No for the implementation of Regulation (EEC) No 561 /80, (EEC) No 1216/80, (EEC) No 63/81 and 653 /68 on conditions for alterations to the value of (EEC) No 199/ 81 held before the date of application the unit of account used for the common agricultural of this Regulation for exports to be effected on or policy (5) ; whereas in certain cases Regulation (EEC) after that date ; whereas, therefore, in accordance with No 1134/68 provides in particular that any person the second subparagraph of Article 4 (2) of Regulation who has obtained advance fixing for a specific transac (EEC) No 878 /77, the right to cancel certificates may tion may, on request, obtain cancellation of the no longer be exercised ; advance fixing and of the relevant document or certifi cate ; whereas Article 4 (2) of Regulation (EEC) No Whereas the measures provided for in this Regulation 878 /77 provides, however, that the second subpara are in accordance with the opinion of the Manage graph of Article 4 ( 1 ) of Regulation (EEC) No 1 134/68 ment Committee for Sugar, applies only if the application of the new representa tive rates is disadvantageous to the person concerned ; whereas it provides also that the disadvantage may be compensated for by an appropriate measure ; HAS ADOPTED THIS REGULATION :
Whereas any large-scale cancellation in the sugar sector of valid export licences issued following partial Article 1 invitations to tender held pursuant to Commission Regulation (EEC) No 561 /80 of 5 March 1980 on a standing invitation to tender in order to determine Under the conditions laid down in this Regulation levies and/or refunds on exports of white sugar (6), as and by way of derogation from the first subparagraph
(•) OJ No L 106, 12. 5. 1971 , p . 1 . (7) OJ No L 343 , 18 . 12. 1980, p. 13 . (2 ) OJ No L 152, 20 . 6. 1980 , p . 1 . (8) OJ No L 122, 15. 5. 1980 , p. 29 . (3 ) OJ No L 106, 29 . 4. 1977, p . 27. (9) OJ No L 10, 10. 1 . 1981 , p. 6. (<) OJ No L 90, 4 . 4. 1981 , p . 1 . ( 10) OJ No L 24, 28 . 1 . 1981 , p. 8 . (5 ) OJ No L 188 , 1 . 8 . 1968 , p . 1 . (") OJ No L 37, 7 . 2. 1978 , p. 5 . h) OJ No L 61 , 6. 3 . 1980, p. 29. ( 12 ) OJ No L 182, 5 . 7 . 1978 , p. 7.
No L 91 / 10 Official Journal of the European Communities 4. 4. 81
of Article 3 ( 1 ) of Regulation (EEC) No 243/78 the force on the last day of the period for the submission request for advance fixing of the monetary compensa of offers for the partial invitation to tender in respect tory amounts referred to in Article 1 (2) of that Regula of which the export licence was issued. tion may be lodged after the request for the sugar export licence concerned. This request must be lodged with the authority which issued the licence within two weeks following the date Article 2 on which this Regulation applies.
The provisions of Article 1 shall apply to the quanti Article 4 ties of sugar exported under cover of licences : (a) delivered in respect of partial invitations to tender Notwithstanding the use of the facility provided for in held before the date of application of this Regula Article 1 , the right to cancellation provided for in the tion pursuant to Regulations (EEC) No 561 /80, last subparagraph of Article 4 ( 1 ) of Regulation (EEC) (EEC) No 1216/80, (EEC) No 63/81 and (EEC) No No 1134/68 may not be exercised in respect of the 199/ 81 ; export licences referred to in Article 2. (b) in respect of which the customs formalities of exportation are completed on or after the date of Article 5 application of this Regulation ; (c) in respect of which the person concerned has not This Regulation shall enter into force on the day of its used advance fixing of monetary compensatory publication in the Official Journal of the European Communities. amounts for the exportation in question .
Article 3 It shall apply with effect from the date of the entry into force of the alteration in the representative rates The request for advance fixing referred to in Article 1 referred to in Article 2 of Regulation (EEC) No shall relate to the monetary compensatory amounts in 878 /77.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 3 April 1981 . For the Commission
Poul DALSAGER Member of the Commission