Keywords
Summary

Keywords

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS - PROHIBITION - SCOPE - MEASURES DIFFERENTIATED ACCORDING TO REGIONS OF THE COMMUNITY - WHETHER PERMISSIBLE - OBJECTIVE CRITERIA

( EEC TREATY , ARTS 7 AND 40 ( 3 ), SECOND SUBPARAGRAPH )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - PRODUCTION LEVY - CALCULATION - CONSIDERATION OF LOSSES RESULTING FROM DISPOSAL - CONCEPT OF DISPOSAL

( REGULATION ( EEC ) NO 3330/74 OF THE COUNCIL , ART . 27 ( 2 ); REGULATION ( EEC ) NO 700/73 OF THE COMMISSION , ART . 7 ( 2 ); COMMISSION REGULATION ( EEC ) NO 3358/81 , ART . 1 )

Summary

1 . UNDER THE PRINCIPLE OF NON-DISCRIMINATION BETWEEN COMMUNITY PRODUCERS OR CONSUMERS , WHICH IS ENSHRINED IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE EEC TREATY AND WHICH INCLUDES THE PROHIBITION OF DISCRIMINATION ON GROUNDS OF NATIONALITY LAID DOWN IN THE FIRST PARAGRAPH OF ARTICLE 7 OF THE EEC TREATY , COMPARABLE SITUATIONS MUST NOT BE TREATED DIFFERENTLY AND DIFFERENT SITUATIONS MUST NOT BE TREATED IN THE SAME WAY UNLESS SUCH TREATMENT IS OBJECTIVELY JUSTIFIED . IT FOLLOWS THAT THE VARIOUS ELEMENTS IN THE COMMON ORGANIZATION OF THE MARKETS , SUCH AS PROTECTIVE MEASURES , SUBSIDIES , AID AND SO ON , MAY NOT BE DIFFERENTIATED ACCORDING TO REGION OR ACCORDING TO OTHER FACTORS AFFECTING PRODUCTION OR CONSUMPTION EXCEPT BY REFERENCE TO OBJECTIVE CRITERIA WHICH ENSURE A PROPORTIONATE DIVISION OF THE ADVANTAGES AND DISADVANTAGES FOR THOSE CONCERNED WITHOUT DISTINCTION BETWEEN THE TERRITORIES OF THE MEMBER STATES .

2 . THE FACTORS TAKEN INTO ACCOUNT IN THE CALCULATION OF THE SUGAR PRODUCTION LEVY FOR A GIVEN MARKETING YEAR INCLUDE THE LOSSES RESULTING FROM DISPOSAL OF B QUOTA SUGAR ON THE WORLD MARKET . SINCE NEITHER REGULATION NO 3330/74 NOR REGULATION NO 700/73 DEFINES THE CONCEPT OF DISPOSAL , IT WAS PERMISSIBLE FOR THE COMMISSION , WHEN FIXING THE AMOUNT OF THE LEVY IN REGULATION NO 3358/81 , TO QUANTIFY THE VOLUME OF EXPORTS ON THE BASIS OF THE INFORMATION DERIVED FROM EXPORT LICENCES , WHICH IMPOSE AN OBLIGATION ON THE LICENSEES TO CARRY OUT THE OPERATIONS IN QUESTION , SUBJECT TO THE PROVISION OF SECURITY , RATHER THAN ACTUAL EXPORTS , WHICH ARE DIFFICULT TO BRING INTO ACCOUNT OWING TO THE PRACTICES PURSUED BY THE NATIONAL AUTHORITIES .