29. 1. 82 Official Journal of the European Communities No L 21/3 " COUNCIL REGULATION (EEC) No 193/82 of 26 January 1982 laying down general rules for transfers of quotas in the sugar sector THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1785/81 of 3 June 1981 on the common organization of the markets in the sugar sector ('), as amended by Regulation (EEC) No 192/82(%, and in particular Article 25 (4) thereof, Having regard to the proposal from the Commission, Whereas Article 25 (1) of Regulation (EEC) No 1785/81 lays down that Member States may transfer A quotas and B quotas between undertakings, taking into consideration the interests of each of the parties concerned, and in particular those of sugar-beet or sugar-cane producers ; whereas, moreover, Article 25 (4) provides that general rules are to be adopted concerning the adjustment of quotas, in particular in the event of a merger or transfer of undertakings; whereas the incorporation of such a possibility in an inter-trade agreement would facilitate the use of this authorization by the Member State concerned; Whereas A quotas and B quotas are affected following a merger or transfer of undertakings, a transfer by an undertaking of one of its factories or the closure of an undertaking or one of its factories ; whereas, therefore, conditions should be laid down for the adjustment by Member States of the quotas of the undertakings in question ; Whereas it is essential that the adjustment of the quotas of sugar-producing undertakings should not damage the interests of the sugar-beet or sugar-cane producers concerned; whereas the Member States should be authorized to allocate quotas to underta- kings other than those directly concerned where some of the beet or cane producers directly affected by a merger, transfer or closure expressly show their willingness to supply their beet or their cane to a given undertaking ; Whereas the second subparagraph of Article 25 (2) of Regulation (EEC) No 1785/81 authorizes Italy, and France as regards the French overseas departments, to adjust the quotas of undertakings without applying the () OJ No L 177, 1. 7. 1981, p. 4. () See page 1 of this Official Journal. 10 % limit where such transfers are made on the basis of restructuring plans in the beet or cane and sugar manufacturing sectors; whereas, in order to make implementation of such restructuring plans effective, Italy and France as regards the said departments, should be allowed, subject to certain conditions, to regard a group of undertakings as a sugar-producing undertaking ; Whereas for certain operations relating to isoglucose- producing undertakings, rules which tally with those applicable. to sugar should be laid down; Whereas measures taken by the Member States affec- ting quotas should be communicated to the Commis- sion in order to be able to take effect; Whereas Council Regulation (EEC) No 3331/74 of 19 December 1974 on the allocation and alteration of the basic quotas for sugar (), as last amended by Regula- tion (EEC) No 1785/81, and Council Regulation (EEC) No 748/68 of 18 June 1968 on laying down general rules for postponing part of the sugar production to the following marketing year (¥), as amended by Regu- lation (EEC) No 2829/71 (%), should be repealed, HAS ADOPTED THIS REGULATION : Article 1 Member States shall adopt such measures as they deem necessary to take account of the interests of sugar-beet and sugar-cane producers in the event of allocation of quotas to a sugar-producing undertaking having more than one factory. Article 2 1. In the event of the merger or transfer of sugar- producing undertakings and in the event of the transfer of sugar factories, the A and B quotas shall, without prejudice, to paragraph 2, be adjusted as follows : (a) in the event of the merger of sugar-producing undertakings, the Member States shall allocate to the undertaking resulting from the merger an A quota and a B quota equal respectively to the sum () OJ No L 359, 31. 12. 1974, p. 18. () OJ No L 137, 21. 6. 1968, p. 1. () OJ No L 285, 29. 12. 1971, p. 6S.