31989R1381

23 . 5. 89 Official Journal of the European Communities No L 139/ 5

COMMISSION REGULATION (EEC) No 1381 /89 of 22 May 1989 amending Regulations (EEC) No 1035/88 and (EEC) No 999/89 on standing invitations to tender in the sugar sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES, forming part of the production of the 1988/89 marketing year entitled to the reimbursement of storage costs under Article 8 of Regulation (EEC) No 1785/81 ; Having regard to the Treaty establishing the European Economic Community, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector ('), as last amended by Regulation (EEC) No 1069/89 (2), and in particular Articles 13 (2), 18 (5), 19 (4) and (7) thereof, HAS ADOPTED THIS REGULATION :

Whereas the intervention price for white sugar fixed by Article 1 Council Regulation (EEC) No 1 254/89 (3) for the 1989/90 marketing year is less than that fixed for the 1988/89 marketing year by Council Regulation (EEC) No The following paragraph 6a shall be added to Article 15 2251 /88 (4) ; whereas in order to avoid, to the extent of the of Regulation (EEC) No 1035/88 : reduction, a depreciation of stocks held at the end of marketing year by the persons entitled to the reimbur­ '6a. The refunds in respect of the exports of sugar sement of storage costs for those stocks, Regulation (EEC) forming part of the production of the 1988/89 No 1 254/89 provided, in respect of the quantities in stock marketing year entitled to the reimbursement of which are disposed of until 30 September 1989, for the storage costs under Article 8 of Regulation (EEC) No fixing of an intervention price for white sugar identical to 1785/81 , carried out between 1 July 1989 and 30 that for the 1988/89 marketing year ; whereas in order to September 1989 using the export licences issued ensure this objective of non-depreciation of stocks in so under the partial invitations taking place before 1 July far as exports are concerned, provision should be made as 1989 shall remain applicable without adjustment on an accompanying measure for no adjustment to be made application by the party concerned. to the export refunds fixed in advance by virtue of the For the purpose of application of the first standing invitation to tender referred to in Commission subparagraph, the holder of the export licence or the Regulation (EEC) No 1035/88 (*) prior to 1 July 1989 for assignee, when the licence has been transferred, must export from that date and until 30 September 1989 of make a request in writing to the competent authorities sugar forming part of the production of the 1988/89 of the Member State that issued the licence, before marketing year entitled to the reimbursement of the completion of the customs export formalities for the storage costs under Article 8 of Regulation (EEC) No 1785/81 ; quantities concerned. The request must be accompanied by a declaration made on the honour of the applicant that the sugar in question forms part of Whereas in order to ensure the attainment of the said the production of the 1988/89 marketing year entitled objective, steps should equally be taken to ensure that to the reimbursement of storage costs by virtue of virtually all of the sugars remaining to be committed for Article 8 of Regulation (EEC) No 1785/81 . The export by way of the invitation to tender in respect of the Member States can request all supplementary production of the 1988/89 marketing year may be information in support of this declaration.' disposed of by this means before 1 October 1989 without adjustment of refund ; whereas for this purpose provision should equally be made for no adjustment to the export Article 2 refunds fixed in advance by virtue of the standing invitation to tender referred to in Commission Regulation The following paragraph 6a shall be added to Article 15 (EEC) No 999/89 (6) prior to 1 July 1989 for export of Regulation (EEC) No 999/89 : between 15 September and 30 September 1989 of sugar *6a. The refunds in respect of the exports of sugar (') OJ No L 177, 1 . 7. 1981 , p. 4. forming part of the production of the 1988/89 (2) OJ No L 114, 27. 4. 1989, p. 1 . marketing year entitled to the reimbursement of 0 OJ No L 126, 9. 5. 1989, p. 1 . storage costs under Article 8 of Regulation (EEC) No (4) OJ No L 198, 26. 7. 1988, p. 31 . 1785/81 , carried out between 15 September 1989 and Is) OJ No L 102, 21 . 4. 1988, p. 14. («) OJ No L 107, 19 . 4. 1989, p. 6. 30 September 1989 using the export licences issued

No L 139 / 6 Official Journal of the European Communities 23 . 5 . 89

under the partial invitations taking place before 1 July the applicant that the sugar in question forms part of 1989 shall remain applicable without adjustment on the production of the 1988/89 marketing year entitled application by the party concerned. to the reimbursement of storage costs by virtue of Article 8 of Regulation (EEC) No 1785/81 . The For the purpose of application of the first Member States can request all supplementary subparagraph, the holder of the export licence or the information in support of this declaration .' assignee, when the licence has been transferred, must make a request in writing to the competent authorities Article 3 of the Member State that issued the licence, before completion of the customs export formalities for the This Regulation shall enter into force on the day of its quantities concerned. The request must be publication in the Official Journal of the European accompanied by a declaration made on the honour of Communities.

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

Done at Brussels, 22 May 1989.

For the Commission Ray MAC SHARRY Member of the Commission