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 Regulation (EEC) No 2476/74 ( 2 ), and in particular Article 16 (4) and (5) thereof;

Whereas Article 16 of Regulation No 1009/67/EEC provides for an export levy, or where appropriate a special export levy, to be charged in certain circumstances; whereas the relevant general rules and detailed implementing rules are contained in Council Regulation (EEC) No 608/72 ( 3 ) of 23 March 1972 laying down rules to be applied in cases of considerable price rises on the world sugar market, and in Regulation (EEC) No 645/75 ( 4 ) laying down common detailed rules for the application of the export levies and charges on agricultural products;

Whereas Regulation (EEC) No 645/75 repealed the Regulations laying down detailed rules for the application of the export levy or special export levy on sugar without re-enacting certain provisions specifically applicable to that sector; whereas it is necessary to re-enact these specific provisions in a Regulation laying down the special detailed rules to be applied;

Whereas it is necessary, where there is a difference between the yield of the raw sugar concerned and that of raw sugar of the standard quality, to apply the same corrective factor as is applied, pursuant to Council Regulation (EEC) No 431/68 ( 5 ) of 9 April 1968 determining the standard quality for raw sugar and fixing the Community frontier crossing point for calculating cif prices for sugar, in the case of imports;

Whereas the determination of sucrose content, including other sugars expressed as sucrose, should be carried out in accordance with Commission Regulation (EEC) No 394/70 ( 6 ) of 2 March 1970 on detailed rules for granting export refunds on sugar;

Whereas, since trade in the products specified in Article 1 (1) (b) of Regulation No 1009/67/EEC is of a seasonal nature, it appears sufficient that the special export levy be in principle fixed only once each sugar marketing year for such products; whereas this levy should be charged per metric ton of product; whereas in calculating this levy account should be taken on a flat rate basis of the difference, per 100 kg of white sugar, between the average cif price of white sugar during a certain period and the threshold price of such sugar at the time when the special levy is fixed; whereas this difference must be multiplied by appropriate coefficients, which will in general correspond to the natural sucrose content, as recorded over the Community as a whole, of the relevant products;

Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

— beet sugar and cane sugar, solid, as specified in Annex I hereto,

— sugar syrups and other sugars, as specified in Annexes II and III hereto,

— sugar beet and sugar cane, as specified in Annex IV hereto.

(a) 1.6 in the case of fresh sugar beet, whole or sliced,

(b) 5.5 in the case of dried sugar beet, whole, sliced or powdered,

(c) 1.1 in the case of sugar cane.