31986R0239

4 . 2 . 86 Official Journal of the European Communities No L 29/ 19

COMMISSION REGULATION ( EEC) No 239/86 of 3 February 1986 amending Regulation (EEC) No 2236/85 on a principal standing invitation to tender for exports of white sugar

THE COMMISSION OF THE EUROPEAN COMMUNITIES , In the light of the situation and foreseeable develop­ ment of the Community and world sugar markets Having regard to the Treaty establishing the European there shall be fixed either'. Economic Community,

Having regard to Council Regulation (EEC) No 1 785/8 i 3 . The second subparagraph of Article 13 (2) shall read as of 30 June 1981 on the common organization of the follows : markets in the sugar sector ('), as last amended by Regula­ tion (EEC) No 3768 /85 (2), and in particular Articles 13 'However the period of validity of export licences shall (2), 18 (5) and 19 (4) and (7) thereof, not exceed 30 September 1986.'

Having regard to Council Regulation (EEC) No 608 /72 of 23 March 1972 laying down rules to be applied in the 4. The following Article 14a is inserted : case of considerable price rises on the world sugar 'Article 14a market (3), and in particular Article 1 ( 1 ) thereof,

Whereas under Commission Regulation (EEC) No 1 . If the terms of Article 12 of Regulation (EEC) No 2236/85 of 29 July 1985 on a principal standing invita­ 766/68 apply export refunds and export levies fixed in tion to tender in order to determine levies and/or refunds advance before 1 July 1986 under the terms of the on exports of white sugar (4) the Member States issue present invitation to tender for sugar exported on or partial invitations for the export of white sugar ; whereas after that date shall, at the request of the party the purpose of this principal invitation is to permit the concerned, be adjusted as specified in paragraph 2. disposal to non-member countries of sugar from the 1985/86 marketing year, with exportation to take place by 2. The adjustment mentioned in paragraph 1 shall 30 June 1986 at the latest ; whereas exports to be made consist of an increase in the export refund or reduction after that date would normally be made as the result of a in the export levy by the difference, expressed in ECU further invitation to tender ; whereas, in view of the situa­ per 100 kg, between the intervention price for white tion on the world market and the need to allow exporters sugar applicable from 1 July 1986 onwards and the greater flexibility, the restriction of the principal invita­ intervention price for white sugar in force on 30 June tion to tender for exports to be made by 30 June 1986 1986 . should be withdrawn, and for exports to be made after that date provision should be made for the levies and/or For determination of this difference these intervention refunds fixed in advance before then to be adjusted, and prices shall be increased by the corresponding storage no further supplementary invitation to tender should be levy specified at the second subparagraph of Article 8 planned ; (2) of Regulation (EEC) No 1785/81 .

Whereas the measures provided for in this Regulation are 3 . The application or adjustment under paragraph 1 in accordance with the opinion of the Management must be made by the holder of the export licence or Committee for Sugar, the assignee where a licence has been transferred to the Member State that issued it and before the customs export formalities for the quantities concerned are HAS ADOPTED THIS REGULATION : carried out .

The Member State shall enter the adjustment to be Article 1 made in section 18 (a) of the export licence and shall stamp this section . Regulation (EEC) No 2236/85 is amended as follows : Member States shall without delay inform the 1 . The date of 11 June 1986 given in Article 1 (2) is Commission of the quantities of sugar for which appli­ replaced by 30 July 1986 . cations under paragraph 1 have been made.' 2. The opening words of Article 9 ( 1 ) shall read as follows :

Article 2 (') OJ No L 177, 1 . 7 . 1981 , p. 4. (2) OJ No L 362, 31 . 12. 1985, p. 8 . (■') OJ No L 75, 28 . 3 . 1972, p. 5. 4 OJ No L 209 , 6 . 8 . 1985, p. 19 . This Regulation shall enter into force on 4 February 1986.

No L 29 / 20 4 . 2 . 86 Official Journal of the European Communities

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

Done at Brussels, 3 February 1986 .

For the Commission Frans ANDRIESSEN Vice-President