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REGULATION ( EEC ) NO 458/73 OF THE COMMISSION

OF 2 FEBRUARY 1973

AMENDING REGULATION ( EEC ) NO 2645/70 ON THE PROVISIONS APPLICABLE TO SUGAR PRODUCED IN EXCESS OF THE MAXIMUM QUOTA

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION NO 1009/67/EEC ( 1 ) OF 18 DECEMBER 1967 ON THE COMMON ORGANIZATION OF THE MARKET IN SUGAR , AS LAST AMENDED BY THE ACT ( 2 ) ANNEXED TO THE TREATY ( 3 ) ON THE ACCESSION OF NEW MEMBER STATES TO THE EUROPEAN ECONOMIC COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY , SIGNED AT BRUSSELS ON 22 JANUARY 1972 , AND IN PARTICULAR ARTICLE 25 ( 3 ) THEREOF ;

WHEREAS COMMUNITY PROVISIONS CONCERNING SUGAR PRODUCED IN EXCESS OF THE MAXIMUM QUOTA , IN PARTICULAR ARTICLE 25 OF REGULATION NO 1009/67/EEC AND COMMISSION REGULATION ( EEC ) NO 2645/70 ( 4 ) OF 28 DECEMBER 1970 ON THE PROVISIONS APPLICABLE TO SUGAR PRODUCED IN EXCESS OF THE MAXIMUM QUOTA , REQUIRE THAT THE SUGAR PRODUCED AND THE SUGAR FOR EXPORT BE THE SAME ;

WHEREAS IT IS DESIRABLE THAT THE MANUFACTURER CONCERNED BE AFFORDED THE POSSIBILITY OF EXPORTING SUGAR NOT PRODUCED BY HIMSELF ; WHEREAS IT IS NECESSARY TO PROVIDE IN SUCH CASE FOR A STANDARD PAYMENT , WHICH MAY IN ANY EVENT BE REGARDED AS OFFSETTING ANY BENEFIT DERIVED FROM SUCH SUBSTITUTION ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR SUGAR ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . SUBPARAGRAPH ( C ) OF ARTICLE 2 ( 2 ) OF REGULATION ( EEC ) NO 2645/70 IS HEREBY REPEALED .

2 . THE FOLLOWING PARAGRAPH IS ADDED TO THE SAID ARTICLE 2 :

" 3 . WHERE THE SUGAR EXPORTED

( A ) WAS PRODUCED BY THE MANUFACTURER CONCERNED THE DOCUMENTS REFERRED TO IN PARAGRAPH 2 MUST BE ACCOMPANIED BY A STATEMENT BY THE MANUFACTURER CERTIFYING THAT THE SUGAR WAS PRODUCED BY HIM ;

( B ) WAS NOT PRODUCED BY THE MANUFACTURER CONCERNED , THE LATTER SHALL PAY A SUM OF 2,00 UNITS OF ACCOUNT PER 100 KG OF SUGAR . "

ARTICLE 2

THE FOLLOWING ARTICLE 4 ( A ) IS ADDED TO REGULATION ( EEC ) NO 2645/70 :

" ARTICLE 4A

1 . BEFORE THE 15 JANUARY FOLLOWING THE 1 JANUARY REFERRED TO IN ARTICLE 1 , THE MEMBER STATE CONCERNED SHALL INFORM THE MANUFACTURERS REQUIRED TO PAY THE AMOUNT REFERRED TO IN ARTICLE 2 ( 3 ) ( B ) OF THE TOTAL AMOUNT PAYABLE .

2 . THAT TOTAL AMOUNT SHALL BE PAID BY THE MANUFACTURERS CONCERNED BEFORE 1 FEBRUARY OF THE SAME YEAR . "

ARTICLE 3

THIS REGULATION SHALL APPLY FROM 1 JANUARY 1971 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 2 FEBRUARY 1973 .

FOR THE COMMISSION

THE PRESIDENT

FRANCOIS-XAVIER ORTOLI

( 1 ) OJ NO 308 , 18 . 12 . 1967 , P . 1 .

( 2 ) OJ NO L 73 , 27 . 3 . 1972 , P . 14 .

( 3 ) OJ NO L 73 , 27 . 3 . 1972 , P . 5 .

( 4 ) OJ NO L 283 , 29 . 12 . 1970 , P . 48 .