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( 1 ) OJ NO L 106 , 12 . 5 . 1971 , P . 1 .

( 2 ) OJ NO L 67 , 15 . 3 . 1976 , P . 1 .

( 3 ) OJ NO L 359 , 31 . 12 . 1974 , P . 1 .

( 4 ) OJ NO L 94 , 8 . 4 . 1978 , P . 1 .

( 5 ) OJ NO L 139 , 30 . 5 . 1975 , P . 11 .

( 6 ) OJ NO L 167 , 24 . 6 . 1978 , P . 53 .

( 7 ) OJ NO L 145 , 1 . 6 . 1978 , P . 46 .

COMMISSION REGULATION ( EEC ) NO 1837/78

OF 31 JULY 1978

DEFINING THE SCOPE OF ARTICLE 4 ( 5 ) OF REGULATION ( EEC ) NO 1380/75 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 974/71 OF 12 MAY 1971 ON CERTAIN MEASURES OF CONJUNCTURAL POLICY TO BE TAKEN IN AGRICULTURE FOLLOWING THE TEMPORARY WIDENING OF THE MARGINS OF FLUCTUATION FOR THE CURRENCIES OF CERTAIN MEMBER STATES ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 557/76 ( 2 ), AND IN PARTICULAR ARTICLE 6 THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3330/74 OF 19 DECEMBER 1974 ON THE COMMON ORGANIZATION OF THE MARKET IN SUGAR ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 705/78 ( 4 ), AND IN PARTICULAR ARTICLES 12 ( 2 ), 19 ( 4 ) AND 34 THEREOF ,

WHEREAS , FOLLOWING THE JUDGMENT OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES IN CASE 108/77 , ARTICLE 4 OF COMMISSION REGULATION ( EEC ) NO 1380/75 OF 29 MAY 1975 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1392/78 ( 6 ), WAS SUPPLEMENTED BY A PARAGRAPH 5 SPECIFYING THAT THE COEFFICIENT REFERRED TO IN PARAGRAPH 3 OF THE SAID ARTICLE WAS ALSO TO BE APPLIED TO REFUNDS AND LEVIES , THE AMOUNT OF WHICH WAS SET IN A NATIONAL CURRENCY IN THE STATEMENT OF AWARD FOLLOWING AN INVITATION TO TENDER ;

WHEREAS REGULATION ( EEC ) NO 1392/78 INTRODUCING THIS AMENDMENT ENTERED INTO FORCE ON 24 JUNE 1978 ; WHEREAS , BY COMMISSION REGULATION ( EEC ) NO 1182/78 OF 31 MAY 1978 SUPPLEMENTING REGULATIONS ( EEC ) NO 1634/77 AND ( EEC ) NO 1790/77 ON STANDING INVITATIONS TO TENDER TO DETERMINE EXPORT REFUNDS FOR SUGAR ( 7 ), A TEMPORARY PROVISION , WHICH ENTERED INTO FORCE ON 1 JUNE 1978 , HAS ALREADY BEEN ADOPTED FOR THE SUGAR SECTOR ; WHEREAS IT WAS SPECIFIED IN REGULATION ( EEC ) NO 1392/78 THAT THE PROVISIONS ADOPTED ON THIS MATTER WERE WITHOUT PREJUDICE TO ANY SOLUTION TO BE ADOPTED IN RESPECT OF OPERATIONS CARRIED OUT BEFORE 1 JUNE 1978 IN THE CASE OF THE SUGAR SECTOR AND BEFORE 24 JUNE 1978 IN THE CASE OF THE OTHER SECTORS ;

WHEREAS THE NEW PROVISION SHOULD BE RETROACTIVELY APPLIED IN ALL CASES WHERE THIS IS TO THE BENEFIT OF THE INTERESTED PARTY ;

WHEREAS ARTICLE 2 OF REGULATION ( EEC ) NO 1392/78 AND THE PROVISIONS OF REGULATION ( EEC ) NO 1182/78 WILL BECOME REDUNDANT WHEN THIS REGULATION ENTERS INTO FORCE ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINIONS OF ALL THE RELEVANT MANAGEMENT COMMITTEES ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

ARTICLE 4 ( 5 ) OF REGULATION ( EEC ) NO 1380/75 SHALL APPLY TO OPERATIONS FOR WHICH COMPLETION OF THE CUSTOMS FORMALITIES OCCURS :

( A ) FOR OPERATIONS IN THE SUGAR SECTOR , ON OR AFTER 1 JUNE 1978 ;

( B ) FOR OPERATIONS IN OTHER SECTORS , ON OR AFTER 24 JUNE 1978 ;

( C ) BEFORE THESE DATES IN CASES WHEN ITS APPLICATION WILL MEAN A REDUCTION IN THE MONETARY COMPENSATORY AMOUNT LEVIED OR TO BE LEVIED .

ARTICLE 2

1 . ARTICLE 2 ( 2 ) OF REGULATION ( EEC ) NO 1392/78 IS REPEALED .

2 . EACH OF THE ARTICLES 7 ( A ) OF REGULATIONS ( EEC ) NO 1634/77 AND ( EEC ) NO 1790/77 TOGETHER WITH REGULATION ( EEC ) NO 1182/78 ARE REPEALED .

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

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

DONE AT BRUSSELS , 31 JULY 1978 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT