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

( 2 ) OJ NO L 170 , 27 . 6 . 1978 , P . 1 .

( 3 ) OJ NO L 67 , 14 . 3 . 1973 , P . 12 .

( 4 ) OJ NO L 172 , 1 . 7 . 1976 , P . 52 .

( 5 ) OJ NO L 231 , 23 . 8 . 1978 , P . 5 .

( 6 ) OJ NO L 287 , 13 . 10 . 1978 , P . 9 .

COMMISSION REGULATION ( EEC ) NO 114/79

OF 23 JANUARY 1979

AMENDING FOR THE SECOND TIME REGULATION ( EEC ) NO 700/73 LAYING DOWN CERTAIN DETAILED RULES FOR THE APPLICATION OF THE QUOTA SYSTEM FOR SUGAR

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3330/74 OF 19 DECEMBER 1974 ON THE COMMON ORGANIZATION OF THE MARKET IN SUGAR ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1396/78 ( 2 ), AND IN PARTICULAR ARTICLES 26 ( 3 ), 27 ( 7 ) AND 31 ( 4 ) THEREOF ,

WHEREAS ARTICLE 1 ( 5 ) OF COMMISSION REGULATION ( EEC ) NO 700/73 ( 3 ), AS AMENDED BY REGULATION ( EEC ) NO 1573/76 ( 4 ), PROVIDES A UNIFORM COMMUNITY METHOD FOR DETERMINING THE EXTRACTABLE SUGAR CONTENT OF CERTAIN SYRUPS ;

WHEREAS THE SECOND SUBPARAGRAPH OF ARTICLE 8 ( 1 ) OF COMMISSION REGULATION ( EEC ) NO 1998/78 OF 18 AUGUST 1978 LAYING DOWN DETAILED RULES FOR THE OFFSETTING OF STORAGE COSTS FOR SUGAR ( 5 ), AS AMENDED BY REGULATION ( EEC ) NO 2377/78 ( 6 ), PROVIDES THAT A MEMBER STATE MAY ALSO DETERMINE THE EXTRACTABLE SUGAR CONTENT ACCORDING TO THE ACTUAL YIELD ; WHEREAS REGULATION ( EEC ) NO 700/73 SHOULD THUS BE SUPPLEMENTED TO COVER CASES WHERE MEMBER STATES HAVE MADE USE OF THAT OPTION ;

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

THE FOLLOWING SUBPARAGRAPH SHALL BE ADDED TO ARTICLE 1 ( 5 ) OF REGULATION ( EEC ) NO 700/73 :

' HOWEVER , THE EXTRACTABLE SUGAR CONTENT SHALL BE DETERMINED ACCORDING TO THE ACTUAL YIELD OF THE SYRUPS WHERE A MEMBER STATE HAS MADE USE OF THE OPTION PROVIDED IN THE SECOND SENTENCE OF THE SECOND SUBPARAGRAPH OF ARTICLE 8 ( 1 ) OF REGULATION ( EEC ) NO 1998/78 . '

ARTICLE 2

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

IT SHALL APPLY WITH EFFECT FROM 15 JANUARY 1979 .

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

DONE AT BRUSSELS , 23 JANUARY 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT