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( 1 ) OPINION DELIVERED ON 9 FEBRUARY 1981 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL )

( 2 ) OJ NO L 162 , 30 . 6 . 1979 , P . 10 .

( 3 ) OJ NO L 160 , 26 . 6 . 1980 , P . 12 .

( 4 ) OJ NO L 134 , 28 . 5 . 1977 , P . 4 .

( 5 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .

COUNCIL REGULATION ( EEC ) NO 388/81

OF 10 FEBRUARY 1981

AMENDING REGULATION ( EEC ) NO 1592/80 ON THE APPLICATION OF THE SYSTEM OF PRODUCTION QUOTAS IN THE SUGAR AND ISOGLUCOSE SECTORS DURING THE PERIOD 1 JULY 1980 TO 30 JUNE 1981

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ),

WHEREAS BY ARTICLE 3 OF COUNCIL REGULATION ( EEC ) NO 1293/79 OF 25 JUNE 1979 , AMENDING REGULATION ( EEC ) NO 1111/77 LAYING DOWN COMMON PROVISIONS FOR ISOGLUCOSE ( 2 ), A PRODUCTION QUOTA SYSTEM FOR ISOGLUCOSE WAS INTRODUCED FOR THE PERIOD 1 JULY 1979 TO 30 JUNE 1980 ; WHEREAS THIS SYSTEM WAS RENDERED APPLICABLE FOR THE PERIOD 1 JULY 1980 TO 30 JUNE 1981 BY ARTICLE 2 OF REGULATION ( EEC ) NO 1592/80 ( 3 );

WHEREAS IN CASES NO 138/79 AND NO 139/79 THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES , ON 29 OCTOBER 1980 , ANNULLED REGULATION ( EEC ) NO 1293/79 ON THE GROUNDS OF AN INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT ; WHEREAS , IN ORDER TO AVOID ANY DOUBTS AS TO THE LEGALITY OF ARTICLE 2 OF REGULATION ( EEC ) NO 1592/80 , IT IS APPROPRIATE THAT THIS ARTICLE SHOULD HENCEFORTH CONTAIN A REFERENCE TO ARTICLE 9 OF REGULATION ( EEC ) NO 1111/77 ( 4 ) IN THE VERSION ESTABLISHED IN COUNCIL REGULATION ( EEC ) NO 387/81 ( 5 ),

HAS ADOPTED THIS REGULATION :

ARTICLE 1

REGULATION ( EEC ) NO 1592/80 SHALL BE AMENDED AS FOLLOWS :

1 . ARTICLE 2 SHALL BE REPLACED BY THE FOLLOWING :

' ARTICLE 2

1 . ARTICLE 9 OF REGULATION ( EEC ) NO 1111/77 , IN THE VERSION AS AMENDED BY REGULATION ( EEC ) NO 387/81 , SHALL APPLY DURING THE PERIOD 1 JULY 1980 TO 30 JUNE 1981 .

2 . THE BASIC QUOTA OF EACH ISOGLUCOSE-PRODUCING UNDERTAKING SHALL , FOR THE PERIOD 1 JULY 1980 TO 30 JUNE 1981 , BE THAT APPLICABLE DURING THE PERIOD 1 JULY 1979 TO 30 JUNE 1980 PURSUANT TO REGULATION ( EEC ) NO 387/81 . '

2 . THE FOLLOWING FOOTNOTE SHALL BE ADDED AT THE BOTTOM OF THE PAGE :

' ( 1 ) OJ NO L 44 , 17 . 2 . 1981 , P . 1 . '

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 FROM 1 JULY 1980 .

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

DONE AT BRUSSELS , 10 FEBRUARY 1981 .

FOR THE COUNCIL

THE PRESIDENT

G . BRAKS