1981R2670 — EN — 01.01.2002 — 004.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EEC)No2670/81
of14September1981
layingdowndetailedimplementingrulesinrespectofsugarproductioninexcessofthequota
(OJ L 262, 16.9.1981, p. 14)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 1760/84 of 22 June 1984 L 165 19 23.6.1984
►M2Commission Regulation (EEC) No 2561/85 of 11 September 1985 L 244 23 12.9.1985
►M3Commission Regulation (EEC) No 1714/88 of 13 June 1988 L 152 23 18.6.1988
►M4Commission Regulation (EEC) No 3892/88 of 14 December 1988 L 346 29 15.12.1988
►M5Commission Regulation (EEC) No 56/91 of 9 January 1991 L 7 25 10.1.1991
►M6Commission Regulation (EEC) No 3559/91 of 6 December 1991 L 336 26 7.12.1991
►M7Commission Regulation (EEC) No 2177/92 of 30 July 1992 L 217 71 31.7.1992
►M8Commission Regulation (EEC) No 67/93 of 15 January 1993 L 10 8 16.1.1993
►M9Commission Regulation (EEC) No 1754/93 of 30 June 1993 L 161 45 2.7.1993
►M10Commission Regulation (EC) No 158/96 of 30 January 1996 L 24 3 31.1.1996
►M11Commission Regulation (EC) No 1148/98 of 2 June 1998 L 159 38 3.6.1998
►M12Commission Regulation (EC) No 95/2002 of 18 January 2002 L 17 37 19.1.2002
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COMMISSIONREGULATION(EEC)No2670/81
of14September1981
laying down detailed implementing rules in respect of sugar
productioninexcessofthequota
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June
1981 on the common organization of the markets in the sugar sector(
1),
and in particular Article 26 (3) thereof,
Whereas Article 26 of Regulation (EEC) No 1785/81 provides that C
sugar which is not carried forward to the following marketing yearpursuant to Article 27 of the said Regulation and C isoglucose must beexported in the natural state without refunds or levies before 1 January
following the end of the marketing year in question; whereas, if part or
all of these quantities are disposed of on the internal market or if theyare not exported before the date laid down, a charge is to be levied, inrespect of the quantities in question, which is to be fixed in accordancewith the procedure laid down in Article 41 of Regulation (EEC) No1785/81; whereas the detailed rules governing this matter were adopted
in Commission Regulation (EEC) No 2645/70 of 28 December 1970 on
the provisions applicable to sugar produced in excess of the maximumquota(
2), as last amended by Regulation (EEC) No 1367/78(3), and in
Commission Regulation (EEC) No 1700/80 of 30 June 1980 layingdown detailed rules for the application of quotas for the production of
isoglucose during the period 1 July 1980 to 30 June 1981(
4); whereas
Regulation (EEC) No 2645/70 has already been amended several timesand whereas further amendments are necessary in view of the basicprovisions of Regulation (EEC) No 1785/81 concerning sugar andisoglucose, which are both sweeteners and in which there is a singlemarket; whereas therefore, for reasons of clarity, a new Regulation
should be adopted incorporating the detailed rules concerning C sugar
and C isoglucose;
Whereas for administrative reasons it must be specified that, for the
purposes of Article 26 of Regulation (EEC) No 1785/81, the quantity ofC sugar or C isoglucose in respect of which proof of export within theprescribed period has not been furnished by the manufacturer before a
final date is to be considered as having been disposed of on the internal
market; whereas for the same reasons the documents to be used tofurnish this proof should be those used for export as required byCommission Regulation (EEC) No 2630/81 of 10 September 1981laying down special detailed rules for application of the system ofimport and export licences in the sugar sector(
5) and in Commission
Regulation (EEC) No 3183/80 of 3 December 1980 laying down
common detailed rules for the application of the system of import andexport licences and advance fixing certificates for agriculturalproducts(
6), as last amended by Regulation (EEC) No 2646/81(7);
Whereas when the charge to be levied in cases of disposal on the
internal market is fixed, it is essential to place C sugar or C isoglucose
which has not been exported on a similar footing to sugar or isoglucose
imported from non-member countries; whereas for this purpose thecharge should be fixed taking account both of the import levy for sugaror, for isoglucose, of the variable element referred to in Article 16 (6) ofRegulation (EEC) No 1785/81 at the highest rate applicable during aperiod comprising the marketing year during which the sugar or1981R2670 — EN — 01.01.2002 — 004.001 — 2
(1) OJ No L 177, 1. 7. 1981, p. 4.
(2) OJ No L 283, 29. 12. 1970, p. 48.
(3) OJ No L 166, 23. 6. 1978, p. 24.
(4) OJ No L 166, 1. 7. 1980, p. 90.
(5) OJ No L 258, 11. 9. 1981, p. 16.
(6) OJ No L 338, 13. 12. 1980, p. 1.
(7) OJ No L 259, 12. 9. 1981, p. 10.
▼B
isoglucose in question was produced and the six months following that
marketing year, and also of a flat rate (SIC! flat-rate) amount fixed onthe basis of the cost of disposing of sugar imported from non-member
countries;
Whereas goods supplied to the destinations referred to in Article 5 of
Commission Regulation (EEC) No 2730/79 of 29 November 1979laying down common detailed rules for the application of the system ofexport refunds on agricultural products(
1), as last amended by
Regulation (EEC) No 2646/81, are not to be considered as exports;
Whereas a manufacturer should be allowed to export sugar or isoglucose
which has not been produced by him; whereas it is necessary to providein that case for the payment of a flat-rate amount which may beconsidered in all cases as compensation for any advantage accruing from
such asubstitution;
Whereas it is necessary to provide for certain measures in cases where
force majeure make it impossible to export C sugar and C isoglucose;
whereas it is justified to make these measures applicable retroactively sothat the few cases of this kind which have occurred in the past may be
dealt with to the benefit of those concerned, in particular through non-
payment of the charge to be paid when the product in question has forthis reason not been exported;
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
1. The products referred to in Article 26 (1) of Regulation (EEC) No
1785/81 shall be considered to have been exported if:
(a) without prejudice to the other provisions of this Regulation, the
proof referred to in Article 2 is in the possession of the competent
agency of the Member State of production whichever the MemberState of export of the C sugar, C isoglucose or C inulin syrup mayhave been;
(b) the export declaration in question is accepted by the Member State
of export before 1 January following the end of the marketing yearduring which the C sugar, C isoglucose or C inulin syrup wasproduced;
(c) the C sugar, C isoglucose or C inulin syrup or a corresponding
quantity within the meaning of Article 2 (3) has left the customsterritory of the Community not later than 60 days after the 1 Januaryreferred to in point (b);
(d) the product has been exported without either refund or levy as white
sugar or raw sugar that has not been denatured or as syrups obtainedprior to sugar in solid form and falling within CN codes
►
M111702 60 95 ◄and 1702 90 99, such as isoglucose in its
natural state or inulin syrup in its natural state.
Except in cases of force majeure , if any of the conditions provided for in
the first subparagraph are not fulfilled, the quantity of C sugar, Cisoglucose or C inulin syrup concerned shall be considered to have been
disposed of on the internal market.
In cases of force majeure , the competent agency of the Member State on
whose territory the C sugar, C isoglucose or C inulin syrup wasproduced shall decide on the necessary measures on the basis of thecircumstances cited by the party concerned.1981R2670 — EN — 01.01.2002 — 004.001 — 3
(1) OJ No L 317, 12. 12. 1979, p. 1.▼M4
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Where the C sugar, C isoglucose or C inulin syrup is exported from the
territory of a Member State other than that in which it has beenproduced, those measures shall be taken after receiving the opinion,
where appropriate, of the competent authorities of that Member State.
1a. During the period referred to in Article 10(1) of Council
Regulation (EC) No 1260/2001(
1), notwithstanding paragraph 1(a), (b)
and (d), where C sugar is imported into the Canary Islands or intoMadeira in the form of white sugar falling within CN code 1701 or intothe Azores in the form of raw sugar falling within CN code 1701 12 10under the scheme of exemption from import duties provided for in
Article 3 of Council Regulation (EC) No 1453/2001(
2) or Article 3 of
Council Regulation (EC) No 1454/2001(3), it shall be regarded as being
exported to athird country within the mea ning of Article 13(1) of
Regulation (EC) No 1260/2001 and originating in that third country forthe purposes of the application of the said scheme.
2. The quantities of sugar exported in the form of syrups as referred
to under (d) of the first subparagraph of paragraph 1 must be determined
on the basis of their extractable sugar content as established in
accordance with the second subparagraph of Article 1 (5) of Regulation(EEC) No 1443/82.
The provisions of Article 34 of Commission Regulation (EEC) No 3665/
87(
4) may not be invoked with regard to application of this Regulation.
Article 2
1. The proof that the conditions referred to in Article 1 (1) have been
fulfilled by the manufacturer concerned shall be submitted to thecompetent agency of the Member State on whose territory the C sugar, C
isoglucose or C inulin syrup was produced before 1 April following the
end of the marketing year in which it was produced.
However, in special cases, the competent agency of the Member State in
question may allow a longer time limit.
2. Such proof shall be furnished by the production of:
(a) an export licence issued pursuant to Article 3 of Regulation (EEC)
No 2630/81 to the manufacturer by the competent agency of the
Member State referred to in paragraph 1;
However in the case of the second subparagraph of paragraph 3, this
proof shall be replaced by an equi-valent proof to be determined bythe same Member State;
(b)thedocuments►
M4referredtoinArticles30and31◄of
Regulation (EEC) No 3183/80 required for the release of the
security;
(c) a statement by the manufacturer to the effect that the C sugar, C
isoglucose or C inulin syrup was produced by him;1981R2670 — EN — 01.01.2002 — 004.001 — 4
(1) OJ L 178, 30.6.2001, p. 1.
(2) OJ L 198, 21.7.2001, p. 26.
(3) OJ L 198, 21.7.2001, p. 45.
(4) OJ No L 351, 14. 12. 1987, p. 1.▼M12
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(d) and, in the case referred to in paragraph 3, where the release from
storage takes place:
— before the acceptance of the export declaration referred to in
Article 1 (1) (b), a supplementary proof established by thecompetent authority of the Member State where the storage tookplace,
or
— after the acceptance of the export declaration referred to in
Article 1 (1) (b), a supplementary proof within the meaning of
Article 31 (2) (a) of Regulation (EEC) No 3183/80, established
by the customs agency of the Member State where the storagetook place.
The supplementary proof must in the two cases attest to the release
from storage of the product in question or of the correspondingsubstituted quantity within the meaning of paragraph 3.
For the purpose of export the manufacturer in question may, however,
replace C sugar by another white sugar in its natural state falling within
CN code 1701, or C isoglucose by another isoglucose with the samefructose content, produced by another manufacturer established on theterritory of the same Member State.
In the case of C sugar, the conversion under a work contract of syrups or
raw sugar into white sugar for eventual export shall not be regarded as asubstitution within the meaning of the preceding subparagraph.
3. Where the C sugar, C isoglucose or C inulin syrup produced by a
manufacturer is stored, with a view to its export, in a silo, warehouse or
tank located in a place outside the factory of the manufacturer, in theMember State of production or in another Member State, in which arestored other sugars or isoglucose or inulin syrups produced by othermanufacturers or by the manufacturer in question, without it being
possible to distinguish physically between them, all of the sugars,
isoglucose or inulin syrups so stored must be placed under anadministrative control providing equivalent guarantees to those ofcustoms control until the acceptance of the export declaration referred toin Article 1 (1) (b) and be kept under customs control as from themoment of the said acceptance. In this case a quantity of sugar,
isoglucose or inulin syrup produced in the Community corresponding to
the quantity of C sugar, C isoglucose or C inulin syrup in question, to bekept in the same silo, warehouse or tank until the moment of its releasefrom storage, shall be allowed to be exported in substitution for that Csugar, C isoglucose or C inulin syrup outside the customs territory of the
Community.
Where white C sugar of CN code 1701 99 10 is prepared with a view to
its export in immediate packings having a net product content notexceeding one kilogram and is enclosed in a parcel containing otherfood products to be exported on behalf of the undertaking whichproduced the C sugar by a recognized charitable organization, this may
be considered a substitution within the meaning of paragraph 2.
Article 3
1. The Member State concerned shall levy on quantities which,
within the meaning of Article 1 (1), have been disposed of on the
internal market, a charge for C sugar per 100 kilograms of white or rawsugar as appropriate, for C isoglucose per 100 kilograms of dry matter,and for C inulin syrup per 100 kilograms of dry matter expressed insugar or isoglucose equivalent, equal to the sum of:
— the highest import charges applicable to the product concerned
during the period comprising the marketing year during which the Csugar, C isoglucose or C inulin syrup concerned was produced andthe six months following that marketing year1981R2670 — EN — 01.01.2002 — 004.001 — 5
▼M10
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and
— ECU 1,21.
2.TheMemberStateconcernedshall,before1Mayfollowing1
January referred to in Article 1 (1) (b), notify those manufacturers whoare required to pay the charge referred to in paragraph 1 of the total
amount to be paid.
Such total amount shall be paid by the manufacturers in question before
20 May of the same year.
3. However, where the competent agency has, pursuant to the second
subparagraph of Article 2 (1), extended the time limit for furnishing theproof, the dates 1 May and 20 May referred to in paragraph 2 shall bereplaced by the dates determined by the competent agency on the basis
of the extention allowed.
4. In the case of quantities of C sugar, C isoglucose or C inulin syrup
which prior to export were destroyed or damaged without possibility ofrecovery, in circumstances recognized by the competent agency of theMember State concerned as a case of force majeure , the relevant amount
referred to in paragraph 1 shall not be levied.
Article 4
1. The Member State concerned shall, before 15 April following 1January referred to in Article 1 (1) (b), notify those manufacturers whoare required to pay the charge referred to in the second subparagraph ofArticle 2 (2) of the total amount to be paid.
2. The total amount shall be paid by the manufacturers in question
before 1 May of the same year.
Article 5
Regulation (EEC) No 2645/70 is hereby repealed.
It shall remain applicable to sugar produced in excess of the maximum
quota for the 1980/81 sugar marketing year.
Article 6
This Regulation shall enter into force on the third day following itspublication in the Official Journal of the European Communities .
Article 3 (4) shall apply with effect from 1 July 1979.1981R2670 — EN — 01.01.2002 — 004.001 — 6
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This Regulation shall be binding in its entirety and directly applicable
in all Member States.