2001R1260 — EN — 01.07.2001 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EC)No 1260/2001
of 19 June 2001
on the common organisation of the markets in the sugar sector
(OJ L 178, 30.6.2001, p. 1)
Corrected by:
►C1Corrigendum, OJ L 233, 31.8.2001, p. 58 (1260/2001)
▼B
COUNCIL REGULATION (EC)No 1260/2001
of 19 June 2001
on the common organisation of the markets in the sugar sector
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
inparticular Articles 36 an d 37 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas:
(1)Inorder to work properly, the commonagricultural policy
requires a commonorgan isationof the markets inthe sugar sector
covering, in particular, sugar and isoglucose and ►C1inulin◄
syrup, which are liquid substitutes for sugar.
(2)Inorder to achieve the objectives of the commonagriculturalpolicy, and in particular to ensure that Community growers ofsugar beet and sugar cane continue to benefit from the necessaryguarantees in respect of employment and standards of living, themarket insugar should be stabilised. This objective canbeattained by allowing intervention agencies to buy in sugar. For
this purpose, an intervention price for white sugar should be fixed
forareas having no deficit, as well as anintervention price for rawsugar, and, every year for each of the deficit areas, a derivedintervention price for white sugar and, if necessary, for raw sugar.The intervention price must be fixed at a level which will ensure a
fair income for sugar-beet and sugar-cane producers while taking
account of the interests of consumers. Such price guarantees forsugar also benefit sugar syrups, isoglucose and ►
C1inulin◄
syrup, the prices of which are based onsugar prices. Inview ofthe financial perspective and the budgetary rules adopted by theEuropeanCoun cil inBerlininMarch 1999, the support prices in
the sugar sector should be fixed for the whole durationof the n ew
arrangements.
(3)The intervention price must be fixed for standard qualities of
white sugar and raw sugar which should be defined. Such
standard qualities should be average qualities representative ofsugar produced in the Community and should be determined onthe basis of criteria used by the sugar trade. It must also bepossible to review the standard qualities to take account, in
particular, of commercial requirements and developments in
analysis techniques.
(4)The geographical situation of the French overseas departments
calls for appropriate measures for the sugar produced inthose
departments.
(5)So as not to interfere with the prices referred to above,
intervention agencies must sell sugar at a price higher than the
intervention price unless it is to be exported either without furtherprocessing or in the form of processed products, or used as animalfeed. One consequence of this rule is that sugar cannot be madeavailable to charitable organisations for use for human consump-tion in the Community. It should nevertheless be possible to
dispose of sugar in this fashion through individual emergency aid
operations intended to ensure the availability of supplies and thusrepresenting at the same time a humanitarian operation. Such2001R1260 — EN — 01.07.2001 — 000.001 — 2
(1) OJ C 29 E, 30.1.2001, p. 315.
(2) Opinion delivered on 13 March 2001 (not yet published in the Official
Journal).
(3) OJ C 116, 20.4.2001, p. 113.
▼B
operations are effective only if rapidly implemented. The most
appropriate procedure should therefore be used in such instances.
(6)Like starch products, sugar is a commodity which canbe used bythe chemical industry for the manufacture of similar products. Aharmonious development of the use of such commodities shouldbe ensured. A system of production refunds should be adoptedwhich makes it possible to expand sugar outlets beyond
traditional quantities; to that end, it should henceforth be possible
to make the products inquestionavailable to that in dustry at areduced price.
(7)These rules should ensure fair treatment for both manufacturers
and producers of the basic products. In addition to the basic price
derived from the intervention price for white sugar, undertakings'receipts from sales of molasses, which canbe estimated atEUR 7,61 per 100 kg derived from the price of molassesestimated at EUR 8,21 per 100 kg, as well as the cost incurred inprocessing and delivering beet to factories, and on the basis of a
yield which for the Community can be estimated at 130 kg of
white sugar per tonne of standard-quality beet, minimum pricesshould therefore be fixed for A beet intended for processing intoA sugar and for B beet intended for processing into B sugar, to bepaid by sugar manufacturers buying beet.
(8)Specific instruments are needed to ensure a fair balance of rightsand obligations between manufacturers and growers, in particularstandard Community provisions should be laid down to governthe contractual relations between buyers and sellers of beet and
adequate measures adopted for the same purpose for sugar cane.
The provisions relating to the normal duration and staggering ofdeliveries, collection centres and transport costs, reception pointsand the taking of samples, the return of pulp or the payment ofequivalent compensation and time limits for advance payments allaffect the actual price of beet received by the seller. The diversity
of natural, economic and technical situations makes it very
difficult to have uniform purchase terms for beet throughout theCommunity. Agreements within the trade exist between manu-facturers or manufacturers' organisations and planters'organisations. Framework provisions should simply define theminimum guarantees required by both beet planters and the
industry to ensure the smooth functioning of the sugar economy
and the possibility of derogating from some rules referred to inAnnex III should be kept for agreements within the trade.
(9)The reasons which have hitherto led the Community to adopt a
productionquota system for sugar, isoglucose an d
►C1inulin◄syrup currently remain valid. However, that
system has been adjusted to take account of recent developmentsin production, to provide the Community with the instrumentsnecessary to ensure, in a fair yet efficient way, that the producers
themselves meet infull the cost of disposin g of the surpluses of
Community production over consumption and to comply with theCommunity's obligations under the Agreements resulting from theUruguay Round of multilateral trade negotiations, hereinafterreferred to as ‘GATT’, approved by Decision94/800/EC(
1).
(10)The agreement on agriculture concluded under the GATTagreements (hereinafter referred to as ‘the Agreement’) inparticular requires the Community to gradually reduce its exportsupport for agricultural products and in particular for sugar underguarantee of production quotas. The Agreement provides for
export support to be reduced, interms of both the quan tities
covered and the level of the subsidies involved, over a transitionalperiod. As a first step in adjusting the guarantees, the differencerecorded for a given marketing year between the Community'sexportable volume and the amount set in the Agreement should beapportioned between sugar, isoglucose and ►
C1inulin◄syrup2001R1260 — EN — 01.07.2001 — 000.001 — 3
(1) OJ L 336, 23.12.1994, p. 1.
▼B
according to the percentages which the quotas of each represent in
the total quota set for all three products for the Community.However, such a system should apply for a limited period only
and should be regarded as transitional. In view, in particular, of
the financial perspective and the budgetary rules adopted by theEuropean Council in Berlin in March 1999 and the need to takeaccount of the progress of negotiations under the WTO, the quotasystem should be maintained for the 2001/2002 to 2005/2006
marketing years.
(11)The commonorgan isationof the markets inthe sugar sector is
based, firstly, onthe prin ciple that producers should bear fullfinancial responsibility for the losses incurred each marketingyear from disposing of that part of Community production underquota which is surplus to the Community's internal consumptionand, secondly, on a differentiation of price guarantees for disposal
reflecting the production quota allocated to each undertaking. A
sugar production quota is allocated to each undertaking on thebasis of its actual production during a particular reference period.
(12)Since commitments to reduce export support were implementedduring the transitional period, the basic quantities of sugar andisoglucose and the quotas for ►
C1inulin◄syrup should be
kept at their present levels, but it must be possible for the relevant
guarantees to be adjusted as necessary to enable the Community
to comply with its commitments under the Agreement, whiletaking account of the fundamental factors affecting the situationof its sugar sector. The sector's system of self-financing throughproductionlevies an d the productionquota regime should be
maintained.
(13)The producers should thus continue to assume financialresponsibility by paying a basic production levy charged on all
productionof A an d B sugar, which is however limited to 2 % ofthe intervention price for white sugar, and a B levy charged on theproductionof B sugar up to a limit of 37,5 % of that price. Incertain circumstances, producers of isoglucose and
►
C1inulin◄syrup also pay a proportionof those con tribu-
tions. Capping the levies in the manner described above meansthat in some marketing years sugar production is not fully self-financing. An additional levy should be charged in those cases.
(14)In the interests of equal treatment, the additional levy should becalculated for each undertaking on the basis of its share in therevenue generated by the production levies which it has paid for
the marketing year in question. A coefficient should therefore be
fixed for the Community as a whole representing the ratio for thatmarketing year between the total loss recorded and the totalrevenue generated by the production levies concerned. It isnecessary to specify the conditions under which beet and canesellers are to contribute to eliminating the outstanding loss for the
marketing year concerned.
(15)In any given marketing year, the consumption, production,
importation, stock and carryover levels, and the average losslikely to be borne under the self-financing scheme, may be suchthat the production quotas allocated to each undertaking in thesugar sector result inanexport volume exceedin g that set inthe
Agreement. The guarantees linked to the quotas should therefore
be adjusted each marketing year so that the Community can meetits commitments.
(16)The breakdownbetweensugar, isoglucose an d ►C1inulin◄
syrup should be followed by a further breakdownbetweentheMember States to take account of the guarantees linked to thequotas assigned to producing undertakings in each Member State
so that those guarantees can be adjusted in a way that does not
affect the existing balance of quotas and burden-sharing. Areduction coefficient for the A and B guarantees should thereforebe fixed for each Member State based onthe maximumcontributions pertaining to those guarantees. Each Member Stateconcerned should then make an allocation among undertakings2001R1260 — EN — 01.07.2001 — 000.001 — 4
▼B
which takes account of the guarantees arising for each under-
taking from its own quotas.
(17)The Aand Bquotas are affected, following a merger or transfer ofundertakings, the transfer by an undertaking of one of its factoriesor the cessation of activities of an undertaking or of one of its
factories. The conditions for adjustment by the Member States of
the quotas of the undertakings in question should be establishedwhile ensuring that changes to the quotas of sugar-producingundertakings are not detrimental to the interests of the beetproducers or cane producers concerned.
(18)Given the need to allow for a certain structural adjustment of theprocessing industry and of beet and cane growing during theperiod inwhich these quotas are to be applied, Member Statesshould be allowed to alter the quotas of undertakings by a
maximum of 10 %. However, inview of the particular situationof
the sugar sector in Spain, Italy and the French overseasdepartments, this limit should not be applied in those regionswhile restructuring plans are being implemented.
(19)Since allocating production quotas to undertakings is a way ofensuring that producers are paid Community prices and have anoutlet for their production, the interests of all the partiesconcerned, in particular beet and cane producers, should be takeninto consideration when quotas are transferred inside production
regions.
(20)To expand the outlets for sugar and isoglucose on the
Community's internal market, it should be possible to put all
sugar or isoglucose intended for manufacture in the Community
of products other thanfoodstuffs out of production , withinthemeaning of the quota system, under conditions to be laid down.
(21)A Community market for sugar as for isoglucose and►
C1inulin◄syrup requires a commontradin g system at the
external frontiers of the Community. A trading system includingimport levies and export refunds will stabilise the Communitymarket, in particular, by preventing prices inside the Community
from being affected by price fluctuations on the world market. A
levy should therefore be charged onimports from third coun triesand a refund paid on exports to such countries to compensate forthe difference between prices on the sugar market inside andoutside the Community when world market prices are lower thanthe Community prices, and to provide a certain measure of
protection for the Community industry processing isoglucose and
►
C1inulin◄syrup.
(22)To ensure that these trading arrangements can function properly,
it must be possible to regulate or prohibit the use of inward-
processing arrangements when the situation on the market sorequires.
(23)Should a shortage onthe world market result inhigher prices onthe world market thaninthe Commun ity, or should all or part ofthe Community be unable to obtain normal supplies, it must bepossible to act ingood time to avoid a situationwhere region alsurpluses are exported to third countries while an abnormal rise in
Community prices makes it impossible to continue to supply
consumers at reasonable prices.
(24)The competent authorities must be in a position to constantly
monitor movements in trade with third countries so as to assess
trends and apply such of the measures provided for in thisRegulation as may prove necessary. To this end, there should be asystem of import and export licences, to be issued only after asecurity has beenlodged to en sure that the operationcovered by alicence application is actually carried out.2001R1260 — EN — 01.07.2001 — 000.001 — 5
▼B
(25)The system of customs duties makes it possible to dispense with
all other forms of protection at the external frontiers of the
Community. However, in exceptional circumstances the pricesand customs duties machinery could break down. So as not toleave the Community market unprotected against disturbanceswhich may ensue in such cases, the Community should be able totake whatever measures are necessary without delay. Such
measures must comply with the Community's obligations under
the GATT Agreements. Moreover, in order to avert problems ofsupply to the Community market, it must be possible to suspendcustoms duties oncertainsugar products.
(26)The Community has made an overall examination of its refiningindustry. This examination has shown that if a steadier and more
even flow of supplies to refineries throughout the Community is
to be achieved, a clear estimate is needed of the traditionalpresumed maximum requirements of raw sugar for refining intowhite sugar in each of the Member States concerned, namelyFinland, France, Portugal and the United Kingdom, usingobjective reference data and taking into account the quantities
of sugar going for direct consumption recorded for the 1994/1995
marketing year. A special preferential arrangement for access tothe Community market should therefore be introduced, allowingthe refining industry to import on special terms certain quantitiesof raw cane sugar originating in the ACP States party to Protocol
No 3 to Annex IV to the ACP-EC Partnership Agreement and in
India and other States under agreements with those States. Thosequantities are to be determined within the limits of the traditionalpresumed maximum requirements referred to above on the basisof forecast supply balances once all available raw cane and beetsugar of Community origin and preferential raw sugar and raw
sugar originating in countries benefiting from tariff quotas under
trade concessions granted by the Community have been refined.In order to counterbalance the Community's commitments toreduce export support, the quantities imported to cover thetraditional requirements of the refining industry should be
reduced.
(27)Under Article 1 of the said Protocol and Article 1 of the
Agreement between the European Economic Community and theRepublic of India on cane sugar, these preferential importarrangements must be implemented within the framework of thecommonorgan isationof the market insugar.
(28)It is necessary to create the means for ensuring that raw cane
sugar imported under the said preferential arrangements is refined
under the fairest possible conditions of competition.
(29)Sugar refining is an important activity both at world level and inthe Community, particularly in refineries converting raw sugarinto white sugar. From a technical point of view, refining turnssugar cane into high-quality products that can meet market
requirements. Moreover, these refineries are located in areas of
high consumption. The Community's port-related refiningindustry is therefore a valuable complement to the beet-processing industry, especially in Finland, mainland Portugal,the United Kingdom and southern and western France.
(30)Examination of supplies to port refineries throughout the
Community, suggests that special priority access should be given
to raw cane sugar originating in the ACP States party to ProtocolNo 3 and India, under special agreements negotiated between theCommunity and the countries referred to in Protocol No 3 and/orother countries and based on an estimate of the Community'srequirements once all available raw cane and beet sugar in the
Community, preferential raw sugar and raw sugar originating in
countries benefiting from tariff quotas under trade concessionsgranted by the Community have been refined.
(31)Until the 2000/2001 marketing year, the refining industryreceived Community adjustment aid for refining preferentialraw cane sugar and raw sugar from cane and beet harvested in the2001R1260 — EN — 01.07.2001 — 000.001 — 6
▼B
Community. In the light of experience, this aid should continue
and provision should be made for it to be adjusted to take accountof economic trends in the sugar sector, particularly manufacturing
and refining margins.
(32)Some transitional measures may prove necessary and this need
may arise at each changeover from one marketing year to the nextor during a single marketing year. It should therefore be possibleto adopt the appropriate measures.
(33)To facilitate implementation of this Regulation, a procedure is
needed for close cooperation between Member States and the
Commission within a Management Committee for Sugar.
(34)Owing to its specific characteristics and the size of agriculturalholdings, the beet industry in the south of Italy faces persistentdifficulties. Beet growing in that area is essential in order to
regenerate soils with a particularly high level of clay and thus to
avoid a return to single-crop farming; Italy should therefore beauthorised to grant the southern regions national aid over the nextfive marketing years in respect of the same amount and under thesame conditions as for the 2000/2001 marketing year. Sugar caneproduction in Spain is encountering specific problems in keeping
up with other crops; to enable this particular production to be
maintained, Spain should be authorised to grant national aid forsugar cane production over the next five marketing years inrespect of the same amount and under the same conditions as forthe 2000/2001 marketing year. Beet production in Portugal,
having regard to the fact that this is a new industry, faces
persistent difficulties; sugar beet producers need to be encouragedto increase production in view of these difficulties; Portugalshould therefore be authorised to grant national aid for beetproduction over the next five marketing years in respect of thesame amount and under the same conditions as for the 2000/2001
marketing year. Climatic conditions make it very difficult to grow
beet in Finland, which leads to considerable variability inproduction; consequently, Finland should be authorised to granta flat-rate reimbursement of storage costs for carried-over C sugarand the detailed rules for such reimbursement should bedetermined.
(35)In order to take account of environmental objectives, MemberStates should draw up and implement suitable environmentalmeasures they consider to be appropriate concerning the use ofagricultural land for the production of the products referred to inArticle 1. Infuture, Member States may in troduce measures to
promote production in accordance with objective environmental
criteria and remind producers of the need to comply with thelegislationinforce. The Member States must submit a report onthe impact of national environmental measures on the agriculturalproductionsector of the sugar sector.
(36)Under Article 2 of Council Regulation (EEC) No1258/1999 of 17
May 1999 on the financing of the common agricultural policy(1),
the expenses incurred by the Member States in meetingobligations arising from the application of this Regulation areto be borne by the Community.
(37)The measures necessary for the implementation of this Regulationshould be adopted in accordance with Council Decision 1999/
468/EC of 28 June 1999 laying down the procedures for the
exercise of implementing powers conferred on the Commis-sion(
2).
(38)The support arrangements introduced by this Regulation replacethe arrangements provided for by Council Regulation (EC) No2038/1999 of 13 September 1999 onthe commonorgan isationof2001R1260 — EN — 01.07.2001 — 000.001 — 7
(1) OJ L 160, 26.6.1999, p. 103.
(2) OJ L 184, 17.7.1999, p. 23.
▼B
the markets inthe sugar sector(1), which must be repealed along
with Regulations (EEC) No 206/68(2), (EEC) No 431/68(3),
(EEC) No 447/68(4), (EEC) No 2049/69(5), (EEC) No 793/72(6),
(EEC) No 741/75(7), (EEC) No 1358/77(8), (EEC) No 1789/
81(9), (EEC) No 193/82(10), (EEC) No 1010/86(11) and (EEC) No
2225/86(12) laying down the general rules for its implementation.
(39)Regulation(EC) No 2038/1999 provided for a system forcompensating storage costs. Since the regime to be introducedby this Regulation does not include such a system, transitionalprovisions should be adopted to ease the transition from the oldsystem to the new one. To that end, firstly, the balance of the old
compensation system for storage costs should be charged, if
negative, or credited, if positive, to the system for financing thedisposalof surplusCommunity production in the sugar sector and,secondly, the date of disposal for the purposes of paying thestorage levy for sugar in storage at the date of entry into
applicationof this Regulationshould be deemed to be the last day
of the 2000/2001 marketing year.
(40)It should be possible to adopt transitional rules to ease the
transition from the regime provided for by Regulation (EC) No
2038/1999 to the new arrangements introduced by this Regula-tion,
HAS ADOPTED THIS REGULATION:
Article 1
Scope and definitions
1. The commonorgan isationof the markets inthe sugar sector
established by this Regulationshall cover the followin g products:2001R1260 — EN — 01.07.2001 — 000.001 — 8
(1) OJ L 252, 25.9.1999, p. 1.
(2) Council Regulation (EEC) No 206/68 of 20 February 1968 laying down
outline provisions for contracts and inter-trade agreements on the purchase of
beet (OJ L 47, 23.2.1968, p. 1).
(3) Council Regulation (EEC) No 431/68 of 9 April 1968 determining the
standard quality for raw sugar and fixing the Community frontier crossing
point for calculating cif prices for sugar (OJ L 89, 10.4.1968, p. 3).
(4) Council Regulation (EEC) No 447/68 of 9 April 1968 laying down general
rules for intervention buying of sugar (OJ L 91, 12.4.1968, p. 5). Regulation
as last amended by Regulation (EEC) No 1359/77 (OJ L 156, 25.6.1977, p.
7).
(5) Council Regulation (EEC) No 2049/69 of 17 October 1969 laying down
general rules on the denaturing of sugar for animal feed (OJ L 263,
21.10.1969, p. 1).
(6) Council Regulation (EEC) No 793/72 of 17 April 1972 fixing the standard
quality for white sugar (OJ L 94, 21.4.1972, p. 1).
(7) Council Regulation (EEC) No 741/75 of 18 March 1975 laying down special
rules for the purchase of sugar beet (OJ L 74, 22.3.1975, p. 2).
(8) Council Regulation (EEC) No 1358/77 of 20 June 1977 laying down general
rules for offsetting storage costs for sugar and repealing Regulation (EEC) No
750/68 (OJ L 156, 25.6.1977, p. 4).
(9) Council Regulation (EEC) No 1789/81 of 30 June 1981 laying down general
rules concerning the system of minimum stocks in the sugar sector (OJ L 177,
1.7.1981, p. 39). Regulationas last amen ded by Regulation(EC) No 725/97
(OJ L 108, 25.4.1997, p. 13).
(10) Council Regulation (EEC) No 193/82 of 26 January 1982 laying down
general rules for transfers of quotas in the sugar sector (OJ L 21, 29.1.1982,
p. 3).
(11) Council Regulation (EEC) No 1010/86 of 25 March 1986 laying down
general rules for the production refund on certain sugar products used in thechemical industry (OJ L 94, 9.4.1986, p. 9).
(
12) Council Regulation (EEC) No 2225/86 of 15 July 1986 laying down
measures for the marketing of sugar produced in the French overseas
departments and for the equalisation of the price conditions with preferential
raw sugar (OJ L 194, 17.7.1986, p. 7).
▼B
CN Code Description
(a) 1701 Cane or beet sugar and chemically pure sucrose, in solid
form
(b) 121291 Sugar beet
12129200 Sugar cane
(c) 1703 Molasses resulting from the extraction or refining of sugar
(d) 170220 Maple sugar and maple syrup
17026095
17029099Other sugars in solid form and sugar syrups, not containing
added flavouring or colouring matter, but not including
lactose, glucose, maltodextrine and isoglucose
17029060 Artificial honey, whether or not mixed with natural honey
17029071 Caramel containing 50 % or more by weight of sucrose in
the dry matter
21069059 Flavoured or coloured sugar syrups, other thanisoglucose,
lactose, glucose and maltodextrine syrups
(e) 230320 Beet pulp, bagasse and other waste of sugar manufacture(f) 17023010
17024010
17026010
17029030Isoglucose
(g) 21069030 Flavoured or coloured isoglucose syrups
(h) 17026080
17029080►
C1Inulin◄syrup
2. For the purposes of this Regulation:
(a) ‘white sugars’ means sugars, not flavoured or coloured or
containing any other added substances, containing, in the dry state,
99,5 % or more by weight of sucrose, determined by the
polarimetric method;
(b) ‘raw sugars’ means sugars, not flavoured or coloured or containing
any other added substances, containing, in the dry state, less than99,5 % by weight of sucrose, determined by the polarimetricmethod;
(c) ‘isoglucose’ means the product obtained from glucose or its
polymers with a content by weight in the dry state of at least 10 %
fructose;
(d) ‘►
C1inulin◄syrup’ means the immediate product obtained by
hydrolysis of ►C1inulin◄or oligofructoses, containing in the
dry state at least 10 % fructose infree form or as sucrose;
(e) ‘A sugar’ and ‘A isoglucose’ means any quantity of sugar or
isoglucose production attributed to a specific marketing year under
the A quota of the undertaking concerned;
(f) ‘B sugar’ and ‘B isoglucose’ means any quantity of sugar or
isoglucose productionattributed to a specific marketin g year in
excess of the A quota but withinthe sum of the A an d B quotas ofthe undertaking concerned;
(g) ‘C sugar’ and ‘C isoglucose’ means any quantity of sugar or
isoglucose productionattributed to a specific marketin g year eitherover and above the sum of the A and B quotas of the undertakingconcerned or by an undertaking which has no quota;
(h) ‘A beet’ means all beet processed into A sugar;
(i) ‘B beet’ means all beet processed into B sugar;2001R1260 — EN — 01.07.2001 — 000.001 — 9
▼C1
▼B
▼B
(j) ‘A►C1inulin◄syrup’ means any quantity of ►C1inulin◄
syrup production, expressed as sugar/isoglucose equivalent, attrib-uted to a specific marketing year under the A quota of the
undertaking concerned;
(k) ‘B►
C1inulin◄syrup’ means any quantity of ►C1inulin◄
syrup production, expressed as sugar/isoglucose equivalent, attrib-uted to a specific marketing year in excess of the A quota but withinthe sum of the A and B quotas of the undertaking concerned;
(l) ‘C►
C1inulin◄syrup’ means any quantity of ►C1inulin◄
syrup production, expressed as sugar/isoglucose equivalent, attrib-uted to a specific marketing year either over and above the sum ofthe A and B quotas of the undertaking concerned or by anundertaking which has no quota;
(m) for all the products listed in paragraph 1, ‘marketing year’ means
the period beginning on 1 July and ending on 30 June of thefollowing year.
TITLE I
INTERNAL MARKET
CHAPTER 1
Prices
Article 2
1. For the 2001/2002 to 2005/2006 marketing years, for white sugar:
(a) the intervention price shall be EUR 63,19/100 kg,
(b) a derived intervention price shall be fixed each year for each of the
deficit areas.
2. For the 2001/2002 to 2005/2006 marketing years, the intervention
price for raw sugar shall be EUR 52,37/100 kg.
Where it is necessary to market raw sugar produced in a deficit area, a
derived intervention price may be fixed for such sugar.
3. The intervention prices referred to in paragraphs 1 and 2 shall
apply to unpacked sugar, ex-factory, loaded on to a means of transportchosenby the purchaser.
They shall be valid for white sugar and raw sugar of the standard quality
described in Annex I.
4. Acting in accordance with the procedure referred to in Article
42(2), the Commission shall fix derived intervention prices for whitesugar each year, and for raw sugar when necessary.
Derived intervention prices shall be fixed taking account of the costs of
transporting sugar from surplus areas to deficit areas.
The Commission may amend Annex I in accordance with the same
procedure.
Article 3
1. For the 2001/2002 to 2005/2006 marketing years, the basic price
for beet of the standard quality shall be EUR 47,67 per tonne deliveredto the collectioncen tre.
The standard quality for beet shall be as described in Annex II.2. The Commission may amend Annex II in accordance with the
procedure referred to inArticle 42(2).
Article 4
1. For the 2001/2002 to 2005/2006 marketing years:
(a) the minimum price for A beet shall be EUR 46,72 per tonne;2001R1260 — EN — 01.07.2001 — 000.001 — 10
▼B
(b) subject to Article 15(5), the minimum price for B beet shall be
EUR 32,42 per tonne.
2. For areas for which a derived intervention price is fixed for white
sugar, the minimum prices for A beet and B beet shall be increased byan amount equal to the difference between the derived intervention pricefor the area concerned and the intervention price, such amount beingadjusted by the coefficient 1.30.
Article 5
1. Without prejudice to Article 21 and the provisions adopted under
Article 14, sugar manufacturers buying beet:
(a) suitable for processing into sugar,
and
(b) intended for processing into sugar,
shall be required to pay at least a minimum price, adjusted by price
increases or reductions to allow for deviations from the standard quality.
2. The minimum price referred to in paragraph 1 shall correspond:
(a) in non-deficit areas, to:
— the minimum price for A beet, in the case of beet to be processed
into A sugar,
— the minimum price for B beet, in the case of beet to be processed
into B sugar;
(b) indeficit areas:
— the minimum price for A beet adjusted in accordance with
Article 4(2), inthe case of beet to be processed in to A sugar,
— the minimum price for B beet adjusted in accordance with
Article 4(2), inthe case of beet to be processed in to B sugar.
3. Detailed rules for applying this Article, as well as the price
increases and reductions, shall be adopted in accordance with theprocedure referred to inArticle 42(2).
Article 6
1. Agreements within the trade and contracts concluded between
buyers and sellers of beet must conform to the standard provisions set
out in Annex III hereto, in particular as regards the conditions governing
the purchase, delivery, taking over and payment of beet.
2. The terms for buying sugar cane shall be governed by agreements
within the trade concluded between Community sugar-cane producersand Community sugar manufacturers.
The terms for buying the agricultural raw materials for the manufacture
of►
C1inulin◄syrup shall be governed by agreements within the
trade between Community growers of those raw materials and►
C1inulin◄syrup producers.
3. If necessary, detailed rules for applying paragraphs 1 and 2 shall be
adopted inaccordan ce with the procedure referred to inArticle 42(2).
4. If no agreements within the trade exist, the Member State
concerned may take the necessary steps under this Regulation to protectthe interests of the parties concerned.
The Member State concerned shall inform the Commission without
delay of measures takenun der the first subparagraph.
Article 7
1. Throughout the marketing year, and subject to conditions to be
determined in accordance with paragraphs 5 and 6, the interventionagency designated by each sugar-producing Member State shall berequired to buy in any white and raw sugar produced under quotaoffered to it which has been manufactured from beet and cane harvested2001R1260 — EN — 01.07.2001 — 000.001 — 11
▼B
in the Community, provided a storage contract has first been concluded
between the seller and the intervention agency for the sugar concerned.
Intervention agencies shall buy in at the intervention price or the derived
intervention price, as the case may be, valid for the area in which thesugar is located at the time of buying in. If the quality of the sugardiffers from the standard quality for which the intervention price wasfixed, then this price shall be increased or reduced accordingly.
2. It may be decided to grant premiums for sugar in one of the
situations referred to in Article 23(2) of the Treaty which is renderedunfit for human consumption.
3. It has been decided to grant production refunds on the products
listed in Article 1(1)(a) and (f) and on the syrups listed in Article1(1)(d), and on chemically pure fructose (levulose) falling within CNCode 1702 50 00 as an intermediate product, where these fall within oneof the situations referred to in Article 23(2) of the Treaty and are used tomanufacture certain products of the chemical industry.
The refund shall be fixed taking account in particular of the costs arising
from the use of imported sugar which the chemical industry would haveto bear inthe even t of supply onthe world market.
4. Flat-rate Community aid shall be granted for the disposal, in the
European regions of the Community, of sugar produced in the Frenchoverseas departments. This aid shall concern:
— the refining in refineries in the European regions of the Community
of sugar produced inthese departmen ts, inparticular inaccordan cewith their yield;
— the transport of sugar produced in the French overseas departments
to the European regions of the Community and where appropriate, its
storage inthese departmen ts;
the flat-rate amounts for the transport costs from each department to the
European regions of the Community shall include in particular:
— a flat-rate amount representing the transport costs ex-factory to FOB;
— a flat-rate amount representing the shipping costs from FOB to cif
ship's hold European ports of the Community and the insurance costsinvolved.
If the supply of refineries so requires, raw sugar manufactured from beet
harvested inthe Commun ity may qualify for measures as referred to inthe first subparagraph.
For the purposes of this Article, ‘refinery’ means a production unit
whose sole activity consists in refining either raw sugar or syrups
produced prior to the crystallising stage.
5. Detailed rules for applying this Article shall be adopted in
accordance with the procedure referred to in Article 42(2), covering in
particular:
— the minimum quality and quantity requirements for intervention,
— the price increases and reductions applicable on intervention,
— the procedures and requirements for taking over by the intervention
agencies,
— the conditions for granting premiums and the amounts of such
premiums,
— the conditions for granting production refunds and the amounts of
such refunds,
— the possibility, if necessary, of limiting the granting of production
refunds for levulose to an overall quantity of that product, to bedetermined for the Community,
— the possibility of granting production refunds for the products
referred to inArticle 1(1)(h),
— the measures referred to inparagraph 4.2001R1260 — EN — 01.07.2001 — 000.001 — 12
▼B
Article 8
Where Article 31 is applied to help ensure supplies to the Community or
one of its regions, the Commission shall adopt special intervention
measures inaccordan ce with the procedure referred to inArticle 42(2).
Such measures may not result in Community sugar manufacturers being
obliged to sell sugar to intervention agencies.
Article 9
1. Intervention agencies may sell sugar only at a price which ishigher
than the intervention price.
It may, however, be decided that intervention agencies may sell sugar at
a price equal to or lower than the intervention price if the sugar isintended:
— for use as animal feed, or
— for export, either without further processing or after processing into
the products listed in Annex I to the Treaty or into the goods listed in
Annex V to this Regulation.
2. However, notwithstanding paragraph 1, it may be decided that
intervention agencies are to make unprocessed sugar held by themavailable, for human consumption on the internal market of theCommunity, to charitable organisations — recognised by the MemberState concerned or by the Commission in cases where a Member State
has not recognised any such organisations — at a price which is lower
than the intervention price, or free of charge, for free distribution as partof individual emergency aid operations.
3. Detailed rules for applying this Article and decisions to make sugar
available under paragraph 2 shall be adopted in accordance with theprocedure referred to inArticle 42(2).
CHAPTER 2
Quotas
Article 10
1. Chapter 2 shall apply to the 2001/2002 to 2005/2006 marketing
years.
2. The basic quantities for the production of A and B sugar,
isoglucose and ►C1inulin◄syrup shall be those fixed inArticle
11(2).
3. The guarantees for the disposal of sugar, isoglucose and
►C1inulin◄syrup produced under quota may be reduced for one
or more marketing years in order to comply with the Community's
commitments under the Agricultural Agreement concluded under Article300(2) of the Treaty.
4. For the purposes of applying paragraph 3, the guaranteed quantity
under quotas shall be fixed before 1 October for each marketing year onthe basis of forecasts relating to production, imports, consumption,
storage, carryovers, the exportable balance and the average loss likely to
be borne by the self-financing scheme within the meaning of Article15(1)(d). If these forecasts show that the exportable balance for themarketing year in question is greater than the maximum laid down in theAgreement, then the guaranteed quantity shall be reduced by thedifference in accordance with the procedure referred to in Article 42(2).
This difference shall be split between sugar, isoglucose and
►
C1inulin◄syrup according to the percentage represented by the
sum of each product's A and B quotas for the entire Community. It shallthenbe further brokendownby Member State an d by product byapplying the relevant coefficient as set out in the table below:2001R1260 — EN — 01.07.2001 — 000.001 — 13
Regions123
Coefficient applicable to sugar expressed
as white sugarCoefficient applicable to isoglucose in dry
matterCoefficient applicable to ►C1inulin◄
syrup as sugar/isoglucose equivalent
A sugar B sugar A isoglucose B isoglucoseA►C1inulin◄
syrupB►C1inulin◄
syrup
BLEU (1) 0,046201 0,009920 0,225547 0,062024 0,556265 0,130955
Denmark 0,027206 0,008015 — — — —
Germany 0,224812 0,069174 0,104246 0,024551 — —
Greece 0,012352 0,001235 0,037978 0,008944 — —
Spain0,026459 0,001102 0,166138 0,017721 — —
France (metropolitan) (2) 0,213231 0,063239 0,061081 0,015898 0,058922 0,013847
French overseas depts. (2) 0,019298 0,002063 — — — —
Ireland 0,007752 0,000775 — — — —
Italy 0,082491 0,015514 0,059803 0,014083 — —
Netherlands 0,053393 0,014083 0,026804 0,006313 0,194365 0,045646
Portugal (mainland) 0,002323 0,000232 0,029213 0,006880 — —
Portugal (the autonomous
regionof the Azores)0,000387 0,000039 — — — —
United Kingdom 0,044297 0,004430 0,084713 0,022596 — —
Austria 0,022673 0,005292 — — — —
Sweden0,014327 0,001433 — — — —
Finland 0,005683 0,000568 0,023151 0,002316 — —
(1) Belgo-Luxembourg Economic union.
(2) Under the second subparagraph of Article 12(3)▼B2001R1260 — EN — 01.07.2001 — 000.001 — 14
▼B
5. The Member State shall then allocate the difference corresponding
to it among the producer undertakings established in its territory on thebasis of the ratio betweentheir A an d B quotas for the product inquestion and the basic quantity A and the basic quantity B for theMember State for that product.
Sugar, isoglucose and ►
C1inulin◄syrup produced inexcess of the
quantity guaranteed shall be treated as C sugar, C isoglucose and C►
C1inulin◄syrup.
6. Detailed rules for applying this Article, in particular for reducing
the guaranteed quantity and, where applicable, adjusting that quantity
with a view to fixing the guaranteed quantity for the followingmarketing year, shall be adopted in accordance with the procedurereferred to inArticle 42(2).
Article 11
1. Under the terms of this Chapter, the Member States shall allocate
an Aand B quota to each undertaking producing sugar, each undertakingproducing isoglucose and each undertaking producing ►
C1inulin◄
syrup established in its territory and provided with an A and B quotaduring the 2000/2001 marketing year.
2. For the purposes of allocating the A and B quotas referred to in
paragraph 1, the basic quantities shall be fixed as follows:
1.Basic quantities A
Regions(a) Basic quantity A
for sugar (1)(b) Basic quantity A
for isoglucose (2)(c) Basic quantity A
for►C1inulin◄
syrup(3)
Denmark 325000,0 — —
Germany 2 612913,3 28643,3 —
Greece 288638,0 10435,0 —
Spain957082,4 74619,6 —
France (metropolitan) 2 506487,4 15747,1 19847,1
French overseas departments 463872,0 — —Ireland 181145,2 — —
Italy 1 310903,9 16432,1 —
Netherlands 684112,4 7 364,6 65519,4
Austria 314028,9 — —
Portugal (mainland) 63380,2 8 027,0 —
The autonomous region of the
Azores9 048,2 — —
Finland 132806,3 10792,0 —
Sweden334784,2 — —
Belgium/Luxembourg
Economic Union674905,5 56150,6 174218,6
United Kingdom 1 035115,4 21502,0 —
(1) In tonnes of white sugar.
(2) In tonnes of dry matter.
(3) In tonnes of dry matter white sugar/isoglucose equivalent.2001R1260 — EN — 01.07.2001 — 000.001 — 15
▼B
2.Basic quantities B
Regions(a) Basic quantity B
for sugar (1)(b) Basic quantity B
for isoglucose (2)(c) Basic quantity B for
►C1inulin◄
syrup(3)
Denmark 95745,5 — —
Germany 803982,2 6 745,5 —
Greece 28863,8 2 457,5 —
Spain39878,5 7 959,4 —
France 752259,5 4 098,6 4 674,2
France overseas departments 46372,5 — —
Ireland 18114,5 — —
Italy 246539,3 3 869,8 —
Netherlands 180447,1 1 734,5 15430,5
Austria 73297,5 — —
Portugal (mainland) 6338,0 1 890,3 —The autonomous region of the
Azores904,8 — —
Finland 13280,4 1 079,7 —
Sweden33478,0 — —
Belgium/Luxembourg
Economic Union144906,1 15441,0 41028,2
United Kingdom 103511,5 5 735,3 —
(1) In tonnes of white sugar.
(2) In tonnes of dry matter.
(3) In tonnes of dry matter white sugar/isoglucose equivalent.
3. Without prejudice to Article 10(3), (4), (5) and (6) and Article 12,
the A and B quotas of undertakings producing sugar, undertakingsproducing isoglucose and undertakings producing ►
C1inulin◄syrup
shall be those assigned by the Member States for the 2000/2001
marketing year before application of Article 26(5) of Regulation (EC)
No 2038/1999, adjusted according to the basic quantities fixed inparagraph 2 inaccordan ce with the procedure laid downinArticle 10(5).
4. Detailed rules for implementing this Article shall be adopted, as
the need arises, in accordance with the procedure referred to in Article42(2).
Article 12
1. Member States may transfer A and B quotas between undertakings
in accordance with this Article and taking into consideration the interests
of each of the parties concerned, particularly sugar beet and cane
producers.
The first subparagraph shall not apply to ►
C1inulin◄syrup.
2. Member States may reduce the A and B quotas of each sugar-
producing undertaking or isoglucose-producing undertaking establishedintheir territories by n o more than10 % of the A quota or the B quota,as the case may be, fixed for each undertaking under Article 11.
The 10 % limit referred to inthe first subparagraph shall n ot apply in
Italy, Spain and the French overseas departments in cases where quotas
are transferred under restructuring plans in the beet, cane and sugarsectors in the region concerned and to the extent necessary to permitsuch plans to be implemented.
Restructuring plans and the ensuing measures affecting the A and B
quotas shall be communicated to the Commission without delay.
3. The quantities of A quotas and B quotas thus withdrawn shall be
allocated by the Member States to one or more other undertakings,2001R1260 — EN — 01.07.2001 — 000.001 — 16
▼B
whether or n ot inpossessionof a quota, situated inthe same region ,
within the meaning of Article 11(2), as the undertakings from whichthose quantities were withdrawn.
Nevertheless, France may reduce the A quotas of undertakings
established in its overseas departments, as fixed under Article 11, by
not more than 30 000 tonnes of white sugar and may reallocate the
quantities thus withdrawn to one or more other undertakings establishedin metropolitan France. The A quota of each undertaking concerned maynot be less after reduction than the average quantity of sugar it producedunder its quota as recorded in each of the 1977/1978, 1978/1979 and1979/1980 marketing years.
4. Annex IV lays down detailed rules on adjusting quotas in the event
of mergers and transfers of undertakings.
5. Detailed rules for applying this Article shall be adopted in
accordance with the procedure referred to in Article 42(2).
Article 13
1. C sugar not carried forward under Article 14, C isoglucose and C
►
C1inulin◄syrup may not be disposed of on the Community's
internal market and must be exported without further processing before
1 January following the end of the marketing year concerned.
Articles 7, 27 and 33 shall not apply to C sugar, C isoglucose and C
►C1inulin◄syrup.
2. Exceptionally, and to the extent necessary to guarantee the
Community's sugar supplies, it may be decided that Article 33 shall
apply to C sugar. Inthat even t, it shall be decided at the same time thatthe entire quantity of C sugar concerned may be definitively disposed ofon the internal market without the amount provided for in paragraph 3 ofthis Article being levied.
3. Detailed rules for applying this Article shall be adopted in
accordance with the procedure referred to in Article 42(2).
These rules shall provide inparticular for a charge to be levied onC
sugar, C isoglucose and C ►
C1inulin◄syrup as referred to in
paragraph 1 for which no proof has been supplied, by a date to bedetermined, that it has been exported without further processing within
the time laid down.
Article 14
1. Each undertaking may decide to carry forward all or part of the
sugar it has produced in excess of its quota to the next marketing year tobe treated as part of that year's production. That decision shall beirrevocable.
Each undertaking may decide to carry forward all or part of its
productionof A sugar an d B sugar which has become C sugar afterapplication of Article 10(3), (4), (5) and (6) to the next marketing year tobe treated as part of that year's production. That decision shall also be
irrevocable. Furthermore, it shall not be subject to any limit that may be
laid downun der paragraph 4 of this Article.
2. Undertakings which take the decision referred to in paragraph 1
shall:
— inform the Member State concerned, before 1 February, of the
quantity or quantities of sugar being carried forward, and
— undertake to store such quantity or quantities for a period of 12
consecutive months from a date to be determined.
However, the date of 1 February referred to in the first indent of the first
subparagraph shall be replaced:
(a) for undertakings established in Spain, by 15 April in the case of
beet-sugar production and 20 June in the case of cane-sugarproduction;
(b) for undertakings established in the United Kingdom, by 15 February.2001R1260 — EN — 01.07.2001 — 000.001 — 17
▼B
(c) for undertakings established in the French overseas departments of
Guadeloupe and Martinique, by 1 May.
If an undertaking's definitive production in the marketing year
concerned was less than the estimate made when the decision to carryforward was taken, then the quantity carried forward may be adjustedretroactively before 1 August of the following marketing year.
3. Should a natural disaster such as drought or flooding strike a
Community region, it may be decided, in accordance with the procedurereferred to inArticle 42(2), to reduce the period of compulsory storagereferred to in the second indent of the first subparagraph of paragraph 2
for a quantity of sugar sufficient to ensure the normal supply of the
affected region.
4. Detailed rules for applying this Article, which may restrict the
quantities of sugar which may be carried forward, shall be adopted in
accordance with the procedure referred to in Article 42(2).
These rules shall provide, inparticular, for a charge to be levied onan y
sugar from the quantity to be stored under the second indent of the firstsubparagraph of paragraph 2 which is disposed of during the compulsory
storage period.
Article 15
1. Before the end of each marketing year, the following shall be
recorded:
(a) a forecast of the production of A and B sugar, A and B isoglucose
and A and B ►
C1inulin◄syrup attributable to the marketing
year concerned;
(b) a forecast of the quantities of sugar, isoglucose and ►C1inulin◄
syrup disposed of for consumption within the Community during the
marketing year concerned;
(c) the exportable surplus obtained by subtracting the quantity referred
to in(b) from the quan tity referred to in(a);
(d) an estimate of the average loss or revenue per tonne of sugar for
export obligations to be fulfilled during the current marketing year.
This average lossor revenue shall be equal to the difference between
the total amount of refunds and the total amount of levies on thetotal tonnage of export obligations in question;
(e) an estimate of overall loss or revenue, obtained by multiplying the
surplus referred to in(c) by the average loss or reven ue referred to in(d).
2. Before the end of the 2005/2006 marketing year and without
prejudice to Article 10(3), (4), (5) and (6), the following shall berecorded cumulatively for the 2001/2002 to 2005/2006 marketing years:
(a) the exportable surplus established onthe basis of the defin itive
production of A and B sugar, A and B isoglucose and A and B►
C1inulin◄syrup and the definitive quantity of sugar,
isoglucose and ►C1inulin◄syrup disposed of for consumption
withinthe Commun ity;
(b) the average loss or revenue per tonne of sugar resulting from the
total export obligations concerned, calculated using the method
described inthe secon d subparagraph of paragraph 1(d) above;
(c) the overall loss or revenue, obtained by multiplying the surplus
referred to in(a) by the average loss or reven ue referred to in(b);
(d) the sum total of the basic productionlevies an d the B levies charged.
The estimate of overall loss or revenue referred to in paragraph 1(e)
shall be adjusted by the difference between the amounts referred to in (c)
and (d).
3. Without prejudice to Article 18(1), should the figures recorded
under paragraph 1 and adjusted under paragraph 2 result in a foreseeableoverall loss, thenthat loss shall be divided by the estimated production2001R1260 — EN — 01.07.2001 — 000.001 — 18
▼B
of A and B sugar, A and B isoglucose and A and B ►C1inulin◄
syrup attributable to the current marketing year. The resulting amountshall be charged to manufacturers as a basic production levy on their
production of A and B sugar, A and B isoglucose and A and B
►
C1inulin◄syrup.
However, this levy shall not exceed:
— for sugar, 2 % of the intervention price for white sugar,
— for►C1inulin◄syrup, expressed as sugar/isoglucose equivalent
by applying a coefficient of 1,9, the maximum amount payable onwhite sugar, and
— for isoglucose, the share of the basic productionlevy born e by sugar
manufacturers.
4. Should the maximum permitted basic productionlevy n ot fully
cover the overall loss referred to inthe first subparagraph of paragraph3, the balance not covered shall be divided by the estimated productionof B sugar, B isoglucose and B ►
C1inulin◄syrup attributable to the
marketing year in question. The resulting amount shall be charged tomanufacturers as a B levy on their production of B sugar, B isoglucose
and B►
C1inulin◄syrup.
However, subject to paragraph 5, this levy shall not exceed:
— for B sugar, 30 % of the intervention price for white sugar,
— for B ►C1inulin◄syrup, expressed as sugar/isoglucose equiva-
lent by applying a coefficient of 1,9, the maximum amount payableonB white sugar, an d
— for B isoglucose, the share of the B levy borne by sugar
manufacturers.
5. Where the figures recorded under paragraph 1 suggest that the
foreseeable overall loss for the current marketing year is unlikely to be
covered by the expected proceeds from the levies because of the ceilings
on the basic production levy and the B levy fixed in paragraphs 3 and 4,then the maximum percentage referred to in the first indent of paragraph4 shall be adjusted to the extent necessary to cover the overall loss,without exceeding 37,5 %.
The revised maximum percentage for the B levy shall be fixed for the
current marketing year before 15 September. The minimum price for Bbeet referred to inArticle 4(1)(b) shall be adjusted accordin gly.
6. All the losses resulting from the grant of production refunds under
Article 7(3) shall be taken into account when calculating the overall loss
referred to inparagraph 1(e).
7. The levies referred to inthis Article shall be collected by the
Member States.
8. Detailed rules for applying this Article shall be adopted in
accordance with the procedure referred to in Article 42(2), and shall
cover inparticular:
— the amounts of the levies to be collected,
— the revised maximum percentage for the B levy,— the adjusted minimum price for B beet corresponding to the revised
maximum percentage for the B levy.
Article 16
1. Where the overall loss recorded for a particular marketing year
under Article 15(1) and (2) is not fully covered by the proceeds from theproductionlevies for that marketin g year after applicationof Article15(3), (4) and (5), an additional levy shall be charged to manufacturers,without prejudice to Article 4, to cover the outstanding balance of the
overall loss.
2. The additional levy shall be determined for each sugar-producing
undertaking, each isoglucose-producing undertaking and each►
C1inulin◄syrup-producing undertaking by multiplying the total
sum due from the undertaking by way of production levies for the2001R1260 — EN — 01.07.2001 — 000.001 — 19
▼B
marketing year concerned by a coefficient to be determined. That
coefficient shall be the ratio for the entire Community, reduced by 1,between the overall loss recorded under Article 15(1) and (2) for the
marketing year concerned and the proceeds from the basic production
levies and B levies due from manufacturers of sugar, isoglucose and►
C1inulin◄syrup, respectively, for that marketing year.
3. The manufacturers concerned shall pay the additional levy before
15 December following the marketing year for which it is due.
Sugar manufacturers may recover part of the additional levy thus
charged to them from sellers of Community-produced cane or beet, as
the case may be. The amount thus recovered may not exceed the
maximum amount contributed by the beet and cane sellers towards thebasic productionlevy an d the B levy, provided for inArticle 15, for themarketing year in question multiplied by the coefficient referred to inparagraph 2 of this Article.
The amount referred to in the second subparagraph shall be recovered on
beet delivered during the marketing year in question. However, the
parties concerned may agree that the refund shall be recovered on beetdelivered during the following marketing year.
4. The proceeds from the additional levy referred to in paragraph 1 of
this Article shall be included for the purposes of the informationrecorded under Article 15(2).
5. Detailed rules for applying this Article, in particular the coefficient
referred to inparagraph 2, shall be adopted inaccordan ce with the
procedure referred to inArticle 42(2).
Article 17
1. Manufacturers of ►
C1inulin◄syrup may recover part of the
basic production levies, B levies and additional levies charged to themfrom the sellers of the agricultural raw material used to manufacturesuch►
C1inulin◄syrup. The amount thus recovered may not exceed
the amount borne by the beet growers for the marketing year concerned;it shall be fixed by agreements within the trade or by contracts on the
basis of the purchase price of the agricultural raw material delivered for
the manufacture of ►
C1inulin◄syrup during the marketing year in
question.
2. Detailed rules for applying paragraph 1 shall be adopted as
necessary, in accordance with the procedure referred to in Article 42(2).
Article 18
1. If, after Articles 15 and 16 have been applied to the 2000/2001
marketing year, it is found that the actual overall loss for that marketingyear:
(a) is not fully covered by the proceeds of the production levy and, if
applicable, the additional levy, the resulting financial burden shall
be added to the estimate of overall lossreferred to inArticle 15(1)(e)for the marketing year concerned;
(b) is less thanthe proceeds of the productionlevies an d, if applicable,
the additional levy, the difference shall be deducted from the
estimate of overall loss or added to the estimate of overall revenue,as the case may be, resulting from applying Articles 15 and 16 to themarketing year concerned.
2. Whenthe basic productionlevy is lower thanthe maximum
amount referred to in Article 15(3) or when the B levy is lower than the
maximum amount referred to in Article 14(4), adjusted, where
necessary, in accordance with Article 15(4), sugar manufacturers shallbe required to pay the beet sellers 60 % of the difference between themaximum amount of the levy concerned and the amount actuallycharged.
The amount to be paid per tonne of beet shall be fixed for the standard
quality.2001R1260 — EN — 01.07.2001 — 000.001 — 20
▼B
The price increases and reductions referred to in Article 5 shall apply to
this amount.
3. Community sugar manufacturers may recover 60 % of the levy
concerned from the sellers of cane produced in the Community on the
quantity of sugar for which the levy was charged.
4. Member States shall ensure from the information provided by the
sugar manufacturers that the payment for the beet complies with the
relevant Community rules.
5. Detailed rules for applying this Article shall be adopted in
accordance with the procedure referred to in Article 42(2).
Article 19
1. In contracts for the delivery of beet for the manufacture of sugar, a
distinction shall be made according to whether the quantities of sugar tobe manufactured from the beet are:
(a) A sugar,
(b) B sugar,
(c) sugar other thanA an d B sugar.
Each sugar-manufacturing undertaking shall provide the Member State
in which it produces sugar with the following information:
— the quantities of beet referred to at (a) for which they have concluded
pre-sowing contracts and the sugar content on which those contractsare based, and
— the corresponding estimated yield.
The Member States may require additional information.2. Notwithstanding Article 5(2)(b), sugar manufacturers who have
not signed pre-sowing delivery contracts for a quantity of beet equal totheir A quota at the minimum price for A beet shall be required to pay atleast this minimum price for all the beet they process into sugar.
3. Agreements within the trade may derogate from paragraphs 1 and
2 provided the Member State concerned agrees.
4. The general rules for applying this Article are set out in Annex III.5. Detailed rules for applying this Article and, if necessary, the
criteria to be applied by manufacturers when allocating among beetsellers the quantities of beet to be covered by pre-sowing contracts
within the meaning of paragraph 1 shall be adopted in accordance with
the procedure referred to inArticle 42(2).
Article 20
1. It may be decided that sugar or isoglucose used for the
manufacture of certain products shall not be considered as production
within the meaning of this Chapter.
2. Detailed rules for applying this Article, in particular the exceptions
referred to inparagraph 1, shall be adopted inaccordan ce with theprocedure referred to inArticle 42(2).
Article 21
1. Sugar manufacturers may buy beet with which to manufacture C
sugar or the sugar referred to inArticle 20 at a price lower thantheminimum prices for beet fixed in Article 4(1).
2. For the quantity of beet purchased corresponding to the quantity of
sugar:
— disposed of on the internal market under Article 13(3), or
— carried forward to the following marketing year under Article 14,
the sugar manufacturers concerned shall, where appropriate, adjust the
purchase price so that it is at least equal to the minimum price for Abeet.2001R1260 — EN — 01.07.2001 — 000.001 — 21
▼B
3. Detailed rules for applying this Article shall be adopted as
necessary in accordance with the procedure referred to in Article 42(2).
TITLE II
TRADE WITH THIRD COUNTRIES
CHAPTER 1
General rules
Article 22
1. Imports into and exports from the Community of any of the
products listed inArticle 1(1)(a),(b),(c),(d),(f),(g) an d (h) shall besubject to presentation of an import or export licence.
The Member States shall issue licences to all applicants, irrespective of
where they are established in the Community and without prejudice tomeasures taken to apply Articles 26 and 27, and Article 6(5) ofRegulation(EC) No 2820/98(
1).
Import and export licences shall be valid throughout the Community.
Such licences shall be issued provided a security is lodged to guaranteethat the products are imported or exported during the term of validity ofthe licence; except in cases of force majeure, the security shall be forfeit
inwhole or inpart if import or export is n ot carried out, or is carried out
only partially, within that period.
2. Inaccordan ce with the procedure referred to inArticle 42(2):
(a) the arrangements provided for in paragraph 1 may be extended to
cover the products listed inArticle 1(1)(e);
(b) detailed rules shall be adopted for applying this Article, including in
particular the term of validity of licences and, if necessary, a timelimit for the issue of licences.
Article 23
1. Unless this Regulation provides otherwise, the rates of duty in the
commoncustoms tariff shall apply to the products listed inArticle 1.
2. Notwithstanding paragraph 1, to ensure that the Community
market is adequately supplied with raw sugar for refining falling within
CN codes 1701 1110 and 1701 12 10 molasses falling within CN code
1703 by means of imports from third countries, the Commission maysuspen d inwhole or inpart the applicationof import duties ontheseproducts and lay down the detailed rules for any such suspension inaccordance with the procedure laid down in Article 42(2).
Suspension may apply during periods when the price on the world
market plus the import duty inthe commoncustoms tariff:
— is higher than the intervention price for the product, in the case of
raw sugar,
— inthe case of molasses, is higher thanthe price of molasses used to
calculate revenue from sales of molasses by sugar manufacturers for
the purposes of fixing the basic price for beet for the marketing yearconcerned.
Article 24
1. In order to prevent or counteract any adverse effects on the
Community market caused by imports of certain agricultural products,imports of one or more of such products at the rate of duty laid down in
the common customs tariff shall be subject to payment of an additional
import duty if the conditions in Article 5 of the Agreement onAgriculture concluded under Article 300 of the Treaty in the framework2001R1260 — EN — 01.07.2001 — 000.001 — 22
(1) OJ L 357, 30.12.1998. Regulationas last amen ded by Regulation(EC) No
416/2001 (OJ L 60, 1.3.2001, p. 43).
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of the Uruguay Round of multilateral trade negotiations are met, unless
such imports are unlikely to disturb the Community market, or where theeffects would be disproportionate to the intended objective.
2. The trigger prices below which anaddition al duty may be imposed
shall be those forwarded by the Community to the World TradeOrganisation.
The trigger volumes which must be exceeded inorder for anaddition al
import duty to be imposed shall be determined in particular on the basisof imports into the Community during the three years preceding the yearinwhich the adverse effects referred to inparagraph 1 arise or are likely
to arise.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cif importprices of the consignment concerned.
The cif import prices shall be checked for this purpose against the
representative prices for the product in question on the world market oronthe Commun ity import market for the product.
4. The Commissionshall adopt detailed rules for applyin g this Article
inaccordan ce with the procedure referred to inArticle 42(2). Suchdetailed rules shall specify inparticular:
(a) the products to which additional import duties may be applied under
the terms of Article 5 of the Agreement on Agriculture;
(b) the other trigger criteria necessary to ensure that paragraph 1 is
correctly applied in accordance with Article 5 of that Agreement.
Article 25
For molasses:
— the world market price referred to inArticle 23(2), an d
and
— the representative price referred to in Article 24(3),
shall apply to a standard quality.
The standard quality may be laid down in accordance with the procedure
referred to inArticle 42(2).
Article 26
1. Tariff quotas for the products listed inArticle 1 resultin g from
agreements concluded in the framework of the Uruguay Round of
multilateral trade negotiations shall be opened and administered underdetailed rules adopted inaccordan ce with the procedure referred to inArticle 42(2).
2. Quotas shall be administered by one or more of the following
methods:
— a method based on the chronological order in which applications are
lodged (‘first come, first served’),
— a method of distributioninproportionto the quan tities requested
when the applications are lodged (the ‘simultaneous examination’method),
— a method whereby traditional trade patterns are taken into account
(the ‘traditional/new arrivals’ method).
Other appropriate methods may be adopted.
They must avoid any discrimination between the importers concerned.
3. Whichever administration method is adopted shall give due weight
to the Community's supply requirements and the need to safeguard
market equilibrium, but may also draw onmethods used to admin isterquotas inthe past such as those referred to inparagraph 1, withoutprejudice to the rights arising from agreements concluded in theframework of the Uruguay Round negotiations.2001R1260 — EN — 01.07.2001 — 000.001 — 23
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4. The detailed rules referred to inparagraph 1 shall provide for
annual quotas, if necessary suitably staggered over the year, shallspecify the administrative method to be used and, where appropriate,
shall include:
(a) guarantees covering the nature, provenance and origin of the
product,
(b) recognition of the document used for verifying the guarantees
referred to in(a), an d
(c) the conditions under which import licences are issued and their term
of validity.
Article 27
1. To the extent necessary to enable the products listed in Article
1(1)(a),(c) and (d) to be exported without further processing or in theform of goods listed in Annex V, on the basis of world market
quotations or prices in the case of products listed in Article 1(1)(a), (c)
and (d), and within the limits resulting from agreements concluded inaccordance with Article 300 of the Treaty, the difference between suchquotations or prices and prices in the Community may be covered byexport refunds.
The export refund for raw sugar may not exceed that granted for white
sugar.
2. Provision may be made for export refunds to be granted on the
products listed in Article 1(1)(f), (g) and (h) and exported withoutfurther processin g or inthe form of goods listed inAn n ex V.
The amount of the refund per 100 kg of dry matter shall be fixed taking
particular account of:
(a) the refund applicable to exports of products falling within CN code
1702 3091,
(b) the refund applicable to exports of the products listed in Article
1(1)(d),
(c) the economic aspects of the planned exports.
3. Refun ds onthe products listed inArticle 1 exported inthe form of
goods listed in Annex V may not be higher than those applicable to the
same products exported without further processing.
4. The method adopted for allocating the quantities which may be
exported with a refund shall be the one which:
(a) is most suited to the type of product and market situation concerned,
allowing the most efficient possible use of the resources available inview of the efficiency and structure of Community exports but
without discriminating between large and small exporters;
(b) is least cumbersome administratively for exporters without
neglecting administrative requirements;
(c) does not discriminate between exporters.
5. Refunds shall be the same for the whole Community. They may
vary according to destination, where the world market situation or thespecific requirements of certain markets make this necessary.
Refunds shall be fixed in accordance with the procedure referred to in
Article 42(2). Refunds may be fixed:
(a) at regular intervals;
(b) by tendering procedure for products for which that procedure has
beenused inthe past.
Refunds fixed at regular intervals may, where necessary, be adjusted in
the intervening period by the Commission at the request of a MemberState or onits ownin itiative.
Tenders submitted in response to an invitation shall not be considered
unless a security is lodged. Except in cases of force majeure, the2001R1260 — EN — 01.07.2001 — 000.001 — 24
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securities shall be forfeit in whole or in part if tenderers have not
fulfilled, or have only partially fulfilled, their obligations under thetendering procedure.
In the case of undenatured products listed in Article 1(1)(a),(c) and (d)
exported without further processing, Articles 28, 29 and 30 shall alsoapply.
6. When fixing the amount of the refund, account shall be taken in
particular of the need to strike a balance between the use of Communitybasic products for export as processed goods to third countries and theuse of products from these countries admitted for inward processing.
7. Refunds shall be granted on the products referred to in paragraph 1
exported without further processing only on application and on
presentation of the relevant export licence.
8. The refund applicable to exports of products listed in Article 1
exported without further processing shall be that applicable on the daythe licence application is lodged and, in the case of a differentiatedrefund, that applicable on the same day:
(a) for the destination indicated on the licence,
or
(b) for the actual destination, if it differs from the destination indicated
on the licence. In that case the amount applicable may not exceed
the amount applicable to the destination indicated on the licence.
Appropriate measures may be takento preven t abuse of the flexibility
provided for inthis paragraph.
9. Paragraphs 7 and 8 may be extended to cover products listed in
Article 1 and exported in the form of goods listed in Annex V inaccordance with the procedure laid down in Article 16 of Regulation(EC) No 3448/93.
10. Paragraphs 7 and 8 may be waived in the case of products listed
in Article 1 on which refunds are paid under food-aid operations, in
accordance with the procedure referred to in Article 42(2).
11. The refund shall be paid upon proof that:
— the products have beenexported from the Commun ity,
and
— in the case of a differentiated refund, the products have reached the
destination indicated on the licence or another destination for whicha refund has been fixed, without prejudice to point (b) in the firstsubparagraph of paragraph 8. Exceptions may be made to this rule inaccordance with the procedure referred to in Article 42(2), provided
conditions are laid down which offer equivalent guarantees.
Additional rules may be laid down in accordance with the procedure
referred to inArticle 42(2).
12. No refund shall be granted on undenatured products as referred to
in Article 1(1)(a) exported without further processing unless, as the casemay be, they have been:
(a) obtained from sugar beet or sugar cane harvested within the
Community,
(b) imported into the Community under Article 35,
(c) obtained from one of the products imported under Article 35.
13. No refund shall be granted on undenatured products as referred to
in Article 1(c) and (d) exported without further processing which are not
of Community origin or which have not been obtained from sugar
imported into the Community under paragraph 12(b) or from theproducts referred to inparagraph 12(c).
14. Compliance with the restrictions on volume resulting from
agreements concluded under Article 300 of the Treaty shall be ensuredby means of export licences issued for the reference periods provided forin such agreements and applying to the products concerned.2001R1260 — EN — 01.07.2001 — 000.001 — 25
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15. The detailed rules for applying this Article, including the
arrangements for redistributing unallocated or unused exportablequantities and for amending Annex V, shall be adopted in accordance
with the procedure referred to inArticle 42(2). However, the detailed
rules for applying paragraph 6 in the case of products as referred to inArticle 1 exported inthe form of goods listed inAn n ex V shall beadopted inaccordan ce with the procedure laid downinArticle 16 ofRegulation(EC) No 3448/93.
Article 28
1. This Article shall apply to the fixing of refunds on undenatured
products as referred to inArticle 1(1)(a) exported without further
processing.
2. Where refunds for products as referred to in Article 1(1)(a) are
fixed at regular intervals:
(a) the refunds shall be fixed every two weeks.
However, such fixing may be discontinued in accordance with the
procedure referred to in Article 42(2) if it is found that no surplussugar is available inthe Commun ity for export at world marketprices. In that event, no refund shall be granted;
(b) when fixing the refund, account shall be taken of the situation on the
Community and world markets in sugar, and in particular thefollowing:
— the intervention price for white sugar for the Community area
with the largest surplusor the intervention price for raw sugar forthe Community area which is considered to be representative forthe exportationof such sugar,
— the costs of transporting sugar from the areas referred to in the
first indent to ports or other points of export in the Community,
— trade expenses and any transhipment, transport and packaging
charges incurred in marketing sugar on the world market,
— quotations or prices recorded for sugar on the world market,— the economic aspect of the proposed exports and— limits resulting from agreements concluded under Article 300 of
the Treaty.
3. Where the refund for the products referred to in Article 1(1)(a) is
fixed by tendering procedure:
(a) the purpose of the tender shall be to determine the amount of the
refund;
(b) the competent authorities of the Member States shall invite tenders
in accordance with an instrument legally binding in all MemberStates. This instrument shall lay down the terms of the tendering
procedure, which must guarantee equal access for all persons
established withinthe Commun ity;
(c) the terms ofthe tendering procedure shall include a time limit for the
submission of tenders. Within three working days following the
expiry of the time limit, the maximum amount of the refund to
which the tendering procedure relates shall be fixed in accordancewith the procedure referred to inArticle 42(2) inthe light of thetenders received. When calculating the maximum amount, accountshall be takenof the supply situationan d prices withinthe
Community, prices and potential outlets on the world market and
the costs incurred in exporting sugar.
A maximum tonnage may be fixed in accordance with the same
procedure;
(d) where exports canbe effected with a refun d which is lower thanthat
which would result from taking account of the difference betweenprices within the Community and prices on the world market andwhere exports are for a specific destination, the competent2001R1260 — EN — 01.07.2001 — 000.001 — 26
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authorities of the Member States may be required to issue a special
invitation to tender stipulating:
— that tenders may be submitted at any time until the tendering
procedure is terminated, and
— a maximum amount of the refund, calculated in the light of
requirements for the exports in question;
(e) if the amount of the refund offered in a tender:
— exceeds the maximum fixed, the competent authorities of the
Member States shall reject that tender,
— does not exceed the maximum, those authorities shall fix the
refund at an amount equal to the refund offered in the tender
concerned.
4. Inthe case of raw sugar:
(a) the refund shall be fixed for the standard quality defined in Annex I;
(b) refunds fixed at regular intervals under paragraph 2(a):
— may not exceed 92 % of the refund for white sugar for the same
period. However, this limit shall not apply to refunds to be fixed
for candy sugar,
— shall be multiplied, for each exporting operation concerned, by a
conversion factor obtained by dividing the yield of the raw sugarexported, calculated in accordance with Annex I, by 92;
(c) the maximum amount as provided for in paragraph 3(c) fixed under
a tendering procedure may not exceed 92 % of the maximum
amount fixed at the same time for white sugar under that paragraph.
Article 29
1. The refund on undenatured products as listed in Article 1(1)(c)
exported without further processing shall be fixed each month taking
account of:
(a) the price of molasses used to calculate revenue from sales of
molasses by sugar manufacturers for the purpose of fixing the basicprice for beet for the marketing year concerned;
(b) prices and potential outlets for molasses on the Community market;
(c) quotations or prices recorded for molasses on the world market, and
(d) the economic aspect of the proposed exports.
However, fixing at regular intervals may be discontinued in accordance
with the procedure referred to in Article 42(2) if it is found that no
surplus molasses is available withinthe Commun ity for export at world
market prices. In this event, no refund shall be granted.
2. In special circumstances the amount of the refund may be fixed by
tendering procedure for specific quantities and specific areas of theCommunity. The purpose of the tendering procedure shall be todetermine the amount of the refund.
The competent authorities of the Member States concerned shall
organise a tendering procedure under an authorisation laying down the
rules to be followed, which must guarantee equal access for all persons
established withinthe Commun ity.
Article 30
1. The basic amount of the refund shall be fixed each month for
undenatured products as listed in Article 1(1)(d) exported without
further processing. However, fixing at regular intervals may bediscontinued in accordance with the procedure referred to in Article42(2) if the regular fixing of the refund on white sugar without furtherprocessing is suspended. In this event, no refund shall be granted.2001R1260 — EN — 01.07.2001 — 000.001 — 27
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2. The basic amount of the refund on the products referred to in
paragraph 1, with the exceptionof sorbose, shall be equal to on e-hundredth of an amount obtained by taking account of:
(a) the difference between the intervention price for white sugar for the
Community area with the largest surplus for the month for which the
basic amount is fixed, and the quotations or prices for white sugar
recorded onthe world market;
(b) the need to strike a balance between:
— the use of Community basic products in the manufacture of
processed goods for export to third countries, and
— the use of third-country products brought in under inward-
processing arrangements.
3. In the case of sorbose, the basic amount of the refund shall be
equal to the basic amount of the refund less one-hundredth of theproductionrefun d inforce.
4. Application of the basic amount of the refund may be restricted to
specific products listed inArticle 1(1)(d).
Article 31
To the extent necessary for the proper functioning of the common
organisation of the markets in the sugar sector, the Commission mayfully or partially prohibit the use of inward-processing arrangements forthe products listed inArticle 1(1) inaccordan ce with the procedurereferred to inArticle 42(2).
Article 32
1. The general rules for interpreting the combined nomenclature and
the special rules for its applicationshall apply to the tariff classificationof products covered by this Regulation; the tariff nomenclature resultingfrom applying this Regulation shall be included in the common customstariff.
2. Save as otherwise provided for inthis Regulationor by a rule
adopted pursuant thereto, the following shall be prohibited in trade withthird countries:
(a) the levying of any charge having equivalent effect to a customs
duty;
(b) the application of any quantitative restriction or measure having
equivalent effect.
Article 33
1. Where the price of sugar onthe world market is higher thanthe
intervention price, an export levy may be applied to the sugar concerned.
Such a levy shall be compulsory whenthe cif price of white or rawsugar
is higher than the intervention price plus 10 %.
The export levy may be determined by tendering procedure. Otherwise,
the levy to be charged shall be that applicable onthe day of export.
2. Where the cif price of white or raw sugar is higher thanthe
intervention price plus 10 %, the Council may decide, acting on a
proposal from the Commission in accordance with the voting procedurelaid downinArticle 37(2) of the Treaty, to gran t animport subsidy forthe product inquestion .
Where it is established that supplies available withinthe Commun ity are
not sufficient to:
(a) meet requirements within the Community
or
(b) meet the requirements of a major consumption region in the
Community,2001R1260 — EN — 01.07.2001 — 000.001 — 28
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then the Council shall decide, acting on a proposal from the Commission
in accordance with the voting procedure laid down in Article 37(2) ofthe Treaty, to grant the import subsidy and lay down rules for
implementing it. Those rules shall determine in particular the quantity of
white or raw sugar to be covered by the subsidy, the durationof thesubsidy and, where appropriate, the importing regions.
3. The following shall be laid down in accordance with the procedure
referred to inArticle 42(2):
(a) the cif prices referred to inparagraphs 1 an d 2,
(b) export levies fixed by tendering procedure,
(c) the other detailed rules for applying this Article.
Inthe case ofthe products referred to inArticle 1(1)(b),(c),(d),(f),(g) an d
(h), provisions similar to those in paragraphs 1 and 2 may be adopted inaccordance with the procedure referred to in Article 42(2).
4. The amounts, other than those referred to in paragraph 3, resulting
from the applicationof this Article shall be fixed by the Commission .
Article 34
1. If imports or exports create or threatento create a serious
disturbance on the Community market in one or more of the products
listed inArticle 1 which is likely to jeopardise the achievemen t of the
objectives set out inArticle 33 of the Treaty, appropriate measures maybe applied in trade with third countries until suchdisturbance or threat ofdisturbance has ceased.
The Council, acting in accordance with the procedure laid down in
Article 37(2) of the Treaty, shall adopt the general rules forimplementing this paragraph and shall define the cases and limitswithinwhich the Member States may take protective measures.
2. Should the situationreferred to inparagraph 1 arise, the
Commissionshall decide uponthe n ecessary measures, either at the
request of a Member State or onits ownin itiative; the Member Statesshall be notified of the measures, which shall be immediately applicable.The Commissionshall take a decisiononan y request from a MemberState within three working days of receiving it.
3. Measures decided uponby the Commissionmay be referred to the
Council by any Member State within three working days of the day onwhich they were notified. The Council shall meet without delay. Actingby a qualified majority, it may amend or repeal the measures in question.
4. This Article shall be applied incomplian ce with the Commun ity's
obligations resulting from agreements concluded under Article 300(2) ofthe Treaty.
CHAPTER 2
Preferential import arrangements
Article 35
Articles 36, 37 and 38 shall apply to cane sugar, hereinafter called
‘preferential sugar’, falling within CN code 1701, originating in theStates listed in Annex VI and imported into the Community under:
(a) Protocol 3 to Annex IV to the ACP-EC Partnership Agreement;
(b) the Agreement on sugar cane between the European Community and
the Republic of India.
Article 36
Where the quality of preferential sugar imported under Article 35 and
purchased by intervention agencies or other agents appointed by theCommunity deviates from the standard quality, the guaranteed pricesshall be adjusted by means of price increases and reductions.2001R1260 — EN — 01.07.2001 — 000.001 — 29
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Article 37
1. No import duty shall apply to imports of preferential sugar under
Article 35.
2. Preferential sugar shall enjoy no derogations from the prohibitions
referred to inArticle 32(2).
Article 38
1. For the 2001/2002 to 2005/2006 marketing years, adjustment aid
shall be granted as an intervention measure to the industry refining
preferential raw cane sugar imported into the Community for thatpurpose under Article 35.
2. The aid referred to in paragraph 1 may be granted only for
quantities eligible under Article 35, which are refined into white sugar atrefineries as referred to in Article 7(4). The aid for producing the whitesugar concerned shall be EUR 0,10 per 100 kilograms, expressed in
white sugar.
3. During the period specified in paragraph 1, additional basic aid of
EUR 0,10 per 100 kilograms, expressed as white sugar, shall be grantedto enable refineries as referred to in Article 7(4) to refine raw cane sugarproduced in the French overseas departments, with a view to restoringthe price balance between that sugar and preferential sugar.
4. The adjustment aid and the additional aid may be adjusted to take
account of economic trends in the sugar sector, particularly manufac-
turing and refining margins.
5. Under the second subparagraph of Article 7(4) and on terms to be
determined, the aid scheme provided for in paragraphs 1 to 3 of thisArticle may be extended to raw sugar produced from beet harvested inthe Community and refined in refineries as referred to in Article 7.
6. Detailed rules for applying this Article, in particular the
adjustmen ts referred to inparagraph 4, shall be adopted inaccordan ce
with the procedure referred to inArticle 42(2).
Article 39
1. During the period referred to in Article 38(1), in order to ensure
adequate supplies to Community refineries as referred to in Article 7(4),a reduced rate of duty, hereinafter called ‘special duty’, shall be leviedon imports of raw cane sugar, hereinafter called ‘special preferentialsugar’, originating in the States referred to in Article 35 and other Stateswith whom agreements have been concluded, and subject to the
conditions laid down therein, in particular the minimum purchase price
to be paid by refiners.
2. Forthe purposesof paragraph 1 and without prejudice to paragraph
5, the presumed maximum supply needs per marketing year, expressedin white sugar, of the refining industries in:
(a) Finland shall be 59 925 tonnes,
(b) metropolitan France, shall be 296627 tonnes,(c) mainland Portugal, shall be 291633 tonnes,(d) the United Kingdom shall be 1 128581 tonnes.
3. Without prejudice to paragraph 5, the quantities of raw cane sugar
and raw beet sugar harvested in the Community available to the refiningindustry, with or without distinction of origin, shall be determined on thebasis of an exhaustive Community forecast supply balance for raw sugar
for each marketing year orpart ofa marketing year. This balance may be
revised during the marketing year.
For the purposes of determining these quantities, the quantities of sugar
from the French overseas departments and preferential sugar intendedfor direct consumption to be included in each balance shall be thosedetermined for the 1994/1995 marketing year, less forecast localconsumption in the French overseas departments during the marketing2001R1260 — EN — 01.07.2001 — 000.001 — 30
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year concerned. If the balance shows that the amounts available will be
insufficient to meet the maximum needs laid down in paragraph 2, thenecessary measures shall be laid down to enable the Member States
concerned to import the shortfall as special preferential sugar under the
arrangements for imports at a special rate of duty provided for in theagreements referred to in paragraph 1.
4. Except incases of force majeure , where the presumed maximum
needs for a Member State as laid down in paragraph 2 or after revisionunder paragraph 5 are exceeded, an amount corresponding to the fullrate of duty in force for the marketing year concerned shall be chargedon a quantity equivalent to the excess, increased by the aid referred to in
Article 38 and, where appropriate, by the highest additional rate of duty
recorded during that marketing year.
However, in the case of preferential raw sugar and where a review has
been carried out under paragraph 5, the quantities in excess of the
revised presumed maximum needs, within the limit of the quantities laiddown in paragraph 2, may be sold to intervention agencies on the termsstipulated in Article 36 if they cannot be marketed in the Community.
5. Where Article 10(3), (4), (5) and (6) apply, the sum of the
presumed maximum needs referred to in paragraph 2 of this Article shallbe reduced for the marketing year concerned by a quantity equal to thesum of the special preferential sugars needed to cover the presumed
maximum needs determined under paragraph 3 of this Article, and
reduced by the same percentage reduction as was applied to the sum ofthe basic quantities A for Community sugar under Article 10(5).
This reduction in the maximum needs shall be apportioned between the
Member States concerned to reflect the ratio between the quantity fixedfor each in paragraph 2 and the sum of the quantities fixed in thatparagraph.
6. Detailed rules for applying this Article, in particular for
implementing and administering the agreements referred to in paragraph1, shall be adopted inaccordan ce with the procedure referred to inArticle 42(2).
TITLE III
GENERAL PROVISIONS
Article 40
Any measures needed to prevent the market in sugar being disturbed by
changes in price levels at the changeover from one marketing year to thenext or during a single marketing year may be adopted in accordancewith the procedure referred to inArticle 42(2).
Article 41
Member States and the Commission shall communicate to each other the
information necessary for implementing this Regulation.
Rules for the communication and dissemination of such information
shall be adopted inaccordan ce with the procedure referred to inArticle42(2).
Article 42
1. The Commission shall be assisted by a Management Committee
for Sugar (hereinafter referred to as ‘the Committee’).
2. Where reference is made to this Article, Articles 4 and 7 of
Decision1999/468/EC shall apply. The period laid downinArticle 4(3)
of Decision 1999/468/EC shall be set at one month.
3. The Committee shall adopt its rules of procedure.2001R1260 — EN — 01.07.2001 — 000.001 — 31
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Article 43
The Committee may consider any other question referred to it by its
chair on his orher owninitiative or at the request of the representative ofa Member State.
Article 44
Goods listed in Article 1(1) which are manufactured or obtained from
products not covered by Article 23(2) and Article 24 of the Treaty shallnot be admitted to free circulation within the Community.
Article 45
Save as otherwise provided in this Regulation, Articles 87, 88 and 89 of
the Treaty shall apply to the productionof an d trade inthe productslisted inArticle 1(1).
Article 46
1. Italy shall be authorised to grant adjustment aid, which may not
exceed EUR 5,43 per 100 kilogrammes of white sugar to sugar beet
producers and, where appropriate, to sugar producers for the production
of the corresponding quantity of sugar effected within the A and Bquotas of each sugar-producing undertaking, in the following regions:Abruzzi, Molise, Apulia, Sardinia, Campania, Basilicata, Calabria andSicily.
2. However, where this is necessitated by exceptional requirements
connected with the sugar industry restructuring plans under way in theseregions, Italy may, according to the marketing year in question, adjustthe aid referred to inparagraph 1. Inthe applicationof Articles 87, 88
and 89 of the Treaty, the Commission shall in particular determine
whether such aid is in conformity with the restructuring plans.
3. Spain shall be authorised to grant adjustment aid, which may not
exceed EUR 7,25 per 100 kilogrammes of white sugar to sugar cane
producers located in its territory for the production of the corresponding
quantity of sugar effected within the A and B quotas of each undertakingproducing sugar from cane.
4. Portugal shall be authorised to grant adjustment aid. Which may
not exceed EUR 3,11 per 100 kilograms of white sugar to sugar beet
producers located in its mainland territory for the production of the
corresponding quantity of sugar effected within the A and B quotas ofeach sugar-producing undertaking.
5. Finland shall be authorised to grant a flat-rate reimbursement of
storage costs for C sugar carried over inaccordan ce with Article 14. Thedetailed rules for implementing this paragraph shall be adopted in
accordance with the procedure referred to in Article 42(2).
6. The Member States concerned shall submit to the Commission the
measures taken for each marketing year pursuant to paragraphs 1 to 5.
7. This Article shall apply for the marketing years 2001/2002 to
2005/2006.
Article 47
1. Where agricultural activity withinthe scope of this Regulationis
concerned, Member States shall adopt the environmental measures theyconsider to be appropriate in view of the situation of the agriculturalland used and which reflect the potential environmental effects of those
activities. Such measures shall be laid downinaccordan ce with
environmental requirements taking account of the topographical and soiland climate conditions in the areas in question, the management ofirrigation water and rotation systems and cultivation methods likely toimprove the environment. If necessary, Member States shall, whilerespecting Articles 87, 88 and 89 of the Treaty, support agricultural2001R1260 — EN — 01.07.2001 — 000.001 — 32
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producers in the sugar sector by means of research programmes intended
to develop more environment-friendly cultivation methods, and bymeans of the publication of the results of such research programmes.
2. Member States shall lay down suitable penalties proportionate to
the gravity of the environmental consequences of failure to comply withthe environmental requirements referred to in paragraph 1.
3. Member States shall submit to the Commission, by 30 June 2002, a
report on the environmental situation of agricultural production in thesugar sector and the impact of national measures adopted underparagraphs 1 and 2.
TITLE IV
TRANSITIONAL AND FINAL PROVISIONS
Article 48
The balance remaining from the compensation system for storage costs
applied during the 2000/2001 marketing year under Regulation (EC) No
2038/1999 shall be charged, if negative, or credited, if positive, under
the system referred to inArticles 15 an d 16 of this Regulationfor the2001/2002 marketing year.
In the case of sugar in storage at 30 June 2001 under the compensation
system for storage costs provided for inRegulation(EC) No 2038/99,the date of disposal for the purposes of collecting the storage levy shallbe 30 June 2001.
Article 49
Regulations (EC) No 2038/1999, (EEC) No 206/68, (EEC) No 431/68,
(EEC) No447/68, (EEC) No 2049/69, (EEC) No 793/72, (EEC) No 741/
75, (EEC) No 1358/77, (EEC) No 1789/81, (EEC) No 193/82, (EEC) No
1010/86 and (EEC) No 2225/86 are hereby repealed.
References to Regulations (EC) No 2038/1999, (EEC) No 206/68,
(EEC) No 431/68, (EEC) No 793/72, (EEC) No 741/75 and (EEC) No193/82 shall be understood as references to this Regulation and are to beread in conjunction with the correlation table in Annex VII.
Article 50
1. The Commission may adopt any transitional measures required to
ensure a smooth changeover from the arrangements in force for the
2000/2001 marketing year to those introduced by this Regulation in
accordance with the procedure referred to in Article 42(2). Suchmeasures may derogate from this Regulation.
2. Onthe basis of Commissionstudies onthe market situation , all
aspects of the quota system, prices, relations within the trade and ananalysis of the increase in competition resulting from the European
Union's international commitments, the Commission shall submit a
report at the beginning of 2003, together with any appropriate proposals.
Article 51
This Regulation shall enter into force on the day following its
publicationin the Official Journal of the European Communities .
It shall apply from the 2001/2002 marketing year.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.2001R1260 — EN — 01.07.2001 — 000.001 — 33
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ANNEX I
Point I
STANDARD QUALITY FOR WHITE SUGAR
1. White sugar of the standard quality shall have the following characteristics:
(a) be of sound, genuine and merchantable quality; dry, in homogeneous
granulated crystals, free-flowing,
(b) minimum polarisation 99,7º,
(c) maximum moisture content 0,06 %,
(d) maximum invert sugar content: 0,04 %,
(e) the number of pointsdetermined under paragraph 2 shall not exceed a total
of 22, nor:
— 15 for the ash content,
— 9 for the colour type, determined using the method of the Brunswick
Institute of Agricultural Technology, hereinafter called the ‘Brunswick
method’,
— 6 for the colouring of the solution, determined using the method of the
International Commission for Uniform Methods of Sugar Analysis,
hereinafter called the ‘ICUMSA method’.
2. One point shall correspond to:
(a) 0,0018 % of ash content determined using the ICUMSA method at 28º
Brix,
(b) 0,5 units of colour type determined using the Brunswick method,
(c) 7,5 units of colouring of the solution determined using the ICUMSA
method.
3. The methods for determining the factors referred to in paragraph 1 shall be
those used for determining those factors under the intervention measures.
Point II
STANDARD QUALITY FOR RAW SUGAR
1. Raw sugar of the standard quality shall be sugar with a yield of 92 %.
2. The yield of raw beet sugar shall be calculated by subtracting from the degree
of polarisationof that sugar:
(a) its percentage ash content multiplied by four,
(b) its percentage invert sugar content multiplied by two,
(c) the number 1.
3. The yield of raw cane sugar shall be calculated by subtracting 100 from the
degree of polarisationof that sugar multiplied by two.2001R1260 — EN — 01.07.2001 — 000.001 — 34
▼B
ANNEX II
STANDARD QUALITY FOR SUGAR BEET
Standard quality beet shall:
(a) be of sound and fair merchantable quality;
(b) have a sugar content of 16 % at the reception point.2001R1260 — EN — 01.07.2001 — 000.001 — 35
▼B
ANNEX III
PURCHASE TERMS FOR BEET
Point I
For the purposes of this Annex:
1. Contracting Parties means:
(a) sugar manufacturers, hereinafter called ‘manufacturers’,
(b) beet sellers, hereinafter called ‘sellers’;
2. contract means a contract concluded between a seller and a manufacturer for
the delivery of beet for the manufacture of sugar;
3. agreement within the trade means:
(a) an agreement concluded at Community level, prior to the conclusion of
any contract, between a group of national manufacturers' organisations on
the one hand and a group of national sellers' organisations on the other;
(b) an agreement concluded, prior to the conclusion of any contract, between
manufacturers or a manufacturers' organisation recognised by the Member
State concerned on the one hand and a sellers' association recognised by
the Member State concerned on the other;
(c) the law on companies and the law on cooperatives, in sofar as they govern
the delivery of sugar beet by the share holders or members of a company
or cooperative manufacturing sugar;
(d) in the absence of any agreement as referred to in (a) or (b), the
arrangements existing before the conclusion of any contract between
manufacturers and sellers, provided the sellers accepting the arrangement
supply at least 60 % of the total beet bought by the manufacturer for the
manufacture of sugar in one or more factories.
Point II
1. Contracts shall be made in writing for a specified quantity of beet.
2. Contracts shall specify whether an additional quantity of beet may be supplied,
and under what terms.
Point III
1. This Point shall apply only where Article 19 of this Regulation applies.
2. Contracts shall indicate the purchase prices for the quantities of beet referred
to inthe first part of Article 19(1) of this Regulation . Inthe case of the
quantities referred to at (a) and (b) of Article 19(1), those prices may not be
lower thanthe min imum price for beet referred to inArticle 4 of this
Regulation applicable in the production area concerned.
3. Contracts shall lay down a fixed sugar content for beet. They shall include a
conversion scale showing the different sugar contents and factors for
converting the quantities of beet supplied into quantities corresponding to
the sugar content shown in the contract.
The scale shall be based on the yields corresponding to the different sugar
contents.
4. Where a seller has signed a contract with a manufacturer for the delivery of
beet as referred to inthe first part of Article 19(1) of this Regulationan d in(a)
thereof, all deliveries by that seller, converted under paragraph 3 above, shall
be considered to be deliveries within the meaning of the first part of the
abovementioned Article 19(1) and (a) thereof up to the quantity of beet
specified inthe con tract.
5. Manufacturers producing a quantity of sugar lower than their basic quota from
beet for which they have signed pre-sowing delivery contracts under the first
part of Article 19(1) and (a) thereof shall distribute the quantity of beet
corresponding to any additional production up to the amount of their basic
quota among the sellers with whom they have signed pre-sowing delivery
contracts within the meaning of the first part of the abovementioned Article
19(1) and (a) and (b) thereof.
Agreements within the trade may derogate from this provision.
6. In no case may a manufacturer require a seller to reimburse the production
levy for beet delivered by the seller under a contract concluded under the first
part of Article 19(1) of this Regulationan d (a) thereof.2001R1260 — EN — 01.07.2001 — 000.001 — 36
▼B
Point IV
1. Contracts shall contain provisions concerning the staggering and normal
durationof beet deliveries.
2. Such provisions shall be those applicable during the 2000/2001 marketing
year, taking account of the level of actual production; agreements within the
trade may derogate therefrom.
Point V
1. Contracts shall provide for beet collection centres.
2. Where sellers and manufacturers have already signed a contract for the 2000/
2001 marketing year, the collection centres agreed upon by them for deliveries
during that marketing year shall remain in operation; agreements within the
trade may derogate from this provision.
3. Contracts shall provide that transport costs from the collection centres are to
be borne by the manufacturer subject to special agreements based on local
rules or usages inoperationbefore the 2001/2002 marketin g year.
4. However, in Denmark, Spain, Finland, Greece, Ireland, Portugal and the
United Kingdom, where beet is delivered free-at-factory, contracts shall
require manufacturers to contribute to transport costs and shall stipulate the
percentage or amounts.
Point VI
1. Contracts shall provide for reception points for beet.2. Where sellers and manufacturers have already signed a contract for the 2000/
2001 marketing year, the reception points agreed upon by them for deliveries
during that marketing year shall remain in operation; agreements within the
trade may derogate from this provision.
Point VII
1. Contracts shall provide for the sugar content to be determined using the
polarimetric method. A sample of the beet shall be drawnat the time of
reception.
2. Agreements within the trade may provide for samples to be drawn at another
stage.
In such cases, the contract shall provide for a correction to compensate for any
drop in the sugar content between the reception and the drawing of the sample.
Point VIII
Contracts shall provide for gross weight, tare and sugar content to be determined
using one of the following procedures:
(a) jointly, by the manufacturer and the beet producers' trade organisation, if an
agreement within the trade so provides;
(b) by the manufacturer, under the supervision of the beet producers' trade
organisation;
(c) by the manufacturer, under the supervision of an expert recognised by the
Member State concerned, provided the seller defrays the costs thereof;
(d) by the manufacturer, if local rules or usages in force before the 2000/2001
marketing year so provide.
Point IX
1. Contracts shall provide for an additional price to be paid to the seller where:
(a) there is an increase in the price for beet at the changeover from one
marketing year to the next, and
(b) the increase in the intervention price for sugar resulting from the increase
inthe price for beet is n ot made subject to a levy for stocks held at the
time of the changeover.
The additional price shall be calculated per 100 kilograms of white sugar by
multiplying the increase referred to in the first subparagraph under (b) by a
coefficient equal to the ratio of
— the quantities of sugar produced within the A and B quota not carried
forward under Article 14 of this Regulation in stock at the time of
transition2001R1260 — EN — 01.07.2001 — 000.001 — 37
▼B
and
— the quantities of sugar produced by manufacturer during the previous
marketing year within their maximum quota not carried forward under
Article 14 of this Regulation.
2. Agreements within the trade may derogate from paragraph 1.
Contracts shall mention the possibility of such derogation.
Point X
1. Contracts shall require manufacturers to do one or more of the following for
the whole quantity of beet delivered; when parts of that quantity are subject to
different treatment, the contract shall impose more than one such obligation:
(a) to return the fresh pulp from the tonnage of beet delivered free of charge
to the seller, ex factory;
(b) to returnpart of that pulpdried or dried an d molassed, free of charge to the
seller, ex factory;
(c) to returnthe pulp, dried, to the seller, ex factory; inthis case, the
manufacturer may require the seller to pay the drying costs;
(d) to pay the seller compensation which takes account of the possibilities of
selling the pulp concerned.
2. Agreements within the trade may provide for pulp to be delivered at a stage
other thanthat referred to inparagraph 1(a), (b) an d (c).
Point XI
1. Contracts shall fix the time limits for any advance payments and for payment
of the purchase price for beet.
2. Such time limits shall be those valid during the 2000/2001 marketing year;
agreements within the trade may derogate from this provision.
Point XII
Where contracts lay down rules covering matters which are dealt with in this
Annex, or where they contain provisions governing other matters, their provisions
and effects must not conflict with this Annex.
Point XIII
1. Agreements within the trade as described in Point I(3)(b) shall contain
arbitrationclauses.
2. Where agreements within the trade at Community, regional or local level lay
down rules covering matters which are dealt with in this Regulation, or where
they contain provisions governing other matters, their provisions and effects
must not conflict with this Annex.
3. Such agreements may lay down, in particular:
(a) rules onthe distributionto sellers of quan tities of beet which the
manufacturer decides to buy prior to sowing, for the manufacture of sugar
withinthe limits of the basic quota;
(b) rules ondistributionas referred to inPoin t III(5);
(c) the conversion scale referred to in Point III(3);
(d) rules onthe choice an d supply of seeds of the varieties of beet to be
produced;
(e) the minimum sugar content of beet to be delivered;
(f) a requirement for consultation between the manufacturer and the sellers'
representatives before the starting date of beet deliveries is fixed;
(g) the payment of premiums to sellers for early or late deliveries;
(h) details of:
— the part of the pulp referred to inPoin t X(1)(b),
— the costs referred to inPoin t X(1)(c),— the compensation referred to in Point X(1)(d);
(i) the removal of pulp by the seller;(j) rules on how any difference between the intervention price and the actual
selling price of the sugar is to be allocated between the manufacturer and
sellers.2001R1260 — EN — 01.07.2001 — 000.001 — 38
▼B
Point XIV
Where there is no set agreement within the trade as to how the quantities of beet
intended for the manufacture of sugar within the basic quota limits which the
manufacturer offers to buy before sowing should be allocated among the sellers,
the Member State concerned may itself lay down rules for such allocation.
These rules may also grant to traditional sellers of beet to cooperatives delivery
rights other than those which they would enjoy if they belonged to such
cooperatives.2001R1260 — EN — 01.07.2001 — 000.001 — 39
▼B
ANNEX IV
DETAILED RULES ON TRANSFERS OF QUOTAS BETWEEN FIRMS
Point I
Member States shall adopt such measures as they deem necessary to take account
of the interests of sugar beet and cane producers when quotas are allocated to a
sugar-producing undertaking which has more than one factory.
Point II
1. Without prejudice to paragraph 2, in the event of the merger or transfer of
sugar-producing undertakings or the transfer of sugar factories, the A and B
quotas shall 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 of the A quotas and the
sum of the B quotas allocated prior to the merger to the sugar-producing
undertakings concerned;
(b) in the event of the transfer of a sugar-producing undertaking, the Member
State shall allocate the A quota and the B quota of the transferred
undertaking to the transferee undertaking for the production of sugar or, if
there is more than one transferee undertaking, the allocation shall be made
inproportionto the sugar productionabsorbed by each of them;
(c) in the event of the transfer of a sugar factory, the Member State shall
reduce the A quota and the B quota of the undertaking transferring
ownership of the factory and shall increase the A quota and the B quota of
the sugar-producing undertaking or undertakings purchasing the factory in
questionby the quan tity deducted inproportionto the production
absorbed.
2. Where a number of the sugar-beet or cane producers directly affected by one
of the operations referred to in paragraph 1 expressly show their willingness to
supply their beet or cane to a sugar-producing undertaking which is not party
to those operations, the Member State may make the allocation on the basis of
the production absorbed by the undertaking to which they intend to supply
their beet or cane.
3. In the event of closure, in circumstances other than those referred to in
paragraph 1, of:
(a) a sugar-producing undertaking,
(b) one or more factories of a sugar-producing undertaking,
the Member State may allocate the part of the quotas involved in such closure
to one or more sugar-producing undertakings.
Also inthe case referred to in(b) inthe precedin g subparagraph, where some
of the producers concerned expressly show their willingness to supply their
beet or cane to a given sugar-producing undertaking, the Member State may
allocate the proportion of the quotas corresponding to the beet or cane
concerned to the undertaking which they intend to supply with those products.
4. Where the derogationreferred to inArticle 19(3) of this Regulationis in voked,
the Member State concerned may require the beet producers and sugar
manufacturers concerned by that derogation to include in their agreements
within the trade special clauses enabling the Member State to apply paragraphs
2 and 3, where applicable.
5. In the event of the lease of a factory belonging to a sugar-producing
undertaking, the Member State may reduce the quotas of the undertaking
offering the factory for rent and allocate the portion by which the quota was
reduced to the undertaking which rents the factory in order to produce sugar in
it.
If the lease is terminated during the period of three marketing years referred to
in Point V(d), the adjustment of quotas under the preceding subparagraph shall
be cancelled retroactively by the Member State as at the date on which the
lease took effect. However, if the lease is terminated by reason of force
majeure, the Member State shall not be bound to cancel the adjustment.
6. Where a sugar-producing undertaking can no longer ensure that it meets its
obligations under Community regulations towards the sugar-beet or cane
producers concerned, and where that situation has been ascertained by the
competent authorities of the Member State concerned, the latter may allocate2001R1260 — EN — 01.07.2001 — 000.001 — 40
▼B
for one or more marketing years the part of the quotas involved to one or more
sugar-producing undertakings in proportion to the production absorbed.
7. Where a Member State grants a sugar-producing undertaking price and outlet
guarantees forprocessing sugar beet into ethyl alcohol, the Member State may,
in agreement with that undertaking and the beet producers concerned, allocate
all or part of the sugar-production quotas to one or more other undertakings for
one or more marketing years.
Point III
In the event of the merger or transfer of isoglucose-producing undertakings, the
transfer of an isoglucose-producing factory or the closure of one or more
isoglucose-producing undertakings or one or more factories belonging to such an
undertaking, the Member State may allocate the quotas involved for the
production of isoglucose to one or more other undertakings, whether or not they
have a productionquota.
Point IV
The measures taken pursuant to Points II and III may take effect only if:
(a) the interests of each of the parties concerned are taken into consideration
and
(b) the Member State concerned considers that they are likely to improve the
structure of the beet, cane and sugar-manufacturing sectors
and
(c) they concern undertakings established in the same region within the meaning
of Article 11(2) of this Regulation.
Point V
For the purposes of this Annex:
(a) ‘merger of undertakings’ means the consolidation of two or more under-
takings into a single undertaking;
(b) ‘transfer of an undertaking’ means the transfer or absorption of the assets of
an undertaking having quotas to one or more undertakings;
(c) ‘transfer of a factory’ means the transfer of ownership of a technical unit,
including all the plant required to manufacture the product concerned, to one
or more undertakings, resulting in the partial or total absorption of the
production of the undertaking making the transfer;
(d) ‘lease of a factory’ means the leasehold contract of a technical unit including
all the plant required for the manufacture of sugar, with a view to its
operation, concluded for a period of at least three consecutive marketing
years, which the parties agree not to terminate before the end of the third
marketing year, with an undertaking which is established in the same region,
within the meaning of Article 11(2) of this Regulation, as the factory
concerned, if, after the lease takes effect, the undertaking which rents the
factory can be considered a solely sugar-producing undertaking for its entire
production.
Point VI
The measures referred to in Points II and III shall take effect when the closure of
the undertaking or factory, the merger or transfer occurs:
(a) between 1 July and 31 January of the following year, for the marketing year
current during that period;
(b) between 1 February and 30 June of the same year, for the marketing year
following that period.
Point VII
Where a Member State applies Article 12(2) of this Regulation, it shall allocate
the adjusted quotas before 1 March with a view to applying them in the following
marketing year.
Point VIII
Where Points II and III are applied, Member States shall inform the Commission
of the adjusted A and B quotas not later than 15 days after expiry of the periods
referred to inPoin t VI.2001R1260 — EN — 01.07.2001 — 000.001 — 41
▼B
Point IX
For the purposes of transfers of quotas in Italy, Spain and the French overseas
departments under restructuring plans as referred to in the second subparagraph of
Article 12(2) of this Regulation, a group of sugar-producing undertakings having
technical, economic and structural links and jointly and severally liable for their
obligations under Community rules, particularly in respect of beet or cane
growers, may be regarded as a sugar-producing undertaking.2001R1260 — EN — 01.07.2001 — 000.001 — 42
▼B
ANNEX V
CN Code Description
ex 0403 Buttermilk, curdled milk and cream, yoghurt, kephir and
other fermented or acidified milk and cream, whether or
not concentrated or containing added sugar or other
sweetening matter or flavoured or containing added fruit,
nuts or cocoa:
040310 – Yoghurt;04031051 to
04031099Flavoured or containing added fruit, nuts or cocoa
040390 – Other;
04039071 to
04039099– – Flavoured or containing added fruit, nuts or cocoa
ex 0710 – Vegetables (uncooked or cooked by steaming or by
boiling in water), frozen:
07104000 – Sweetcorn
ex 0711 – Vegetables provisionally preserved (for example, by
sulphur dioxide gas, inbrin e, insulphur water or inother
preservative solutions), but unsuitable in that state for
immediate consumption:
071190 – Other vegetables; mixtures of vegetables:
– – Vegetables:
07119030 – Sweetcorn
17025000 Chemically pure fructose
ex 1704 Sugar confectionery (including white chocolate), not
containing cocoa, except liquorice extract of subheading
No 17049010
1806 Chocolate and other food preparations containing cocoa
ex 1901 Malt extract; food preparations of flour, meal, starch or
malt extract, not containing cocoa or containing less than
40 % by weight of cocoa calculated ona totally defatted
basis, not elsewhere specified or included; food prepara-
tions of goods of heading Nos 0401 to 0404, not
containing cocoa or containing less than 5 % by weight
of cocoa calculated ona totally defatted basis, n ot
elsewhere specified or included:
19011000 – Preparations for infant use, put up for retail sale
19012000 – Mixes and doughs for the preparations of bakers' wares
of heading No 1905
190190 – Other:
– – Other:
19019099 – – – Other
ex 1902 Pasta, whether or not cooked or stuffed (with meat or
other substances) or otherwise prepared, such as
spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli,
cannelloni; couscous, whether or not prepared:
190220 – Stuffed pasta, (whether or not cooked or otherwise
prepared):
– – Other
19022091 – – – Cooked
19022099 – – – Other
190230 – Other pasta
190240 – Couscous:
19024090 – – Other2001R1260 — EN — 01.07.2001 — 000.001 — 43
▼B
CN Code Description
1904 Prepared foods obtained by the swelling or roasting of
cereals or cereal products (for example, cornflakes);
cereals (other thanmaize (corn )) ingrainform or inthe
form of flakes or other worked grains (except flour and
meal), pre-cooked, or otherwise prepared, not elsewhere
specified or included:
ex 1905 Bread, pastry, cakes, biscuits and other bakers' wares,
whether or not containing cocoa; communion wafers,
empty cachets of a kind suitable for pharmaceutical use,
sealing wafers, rice paper and similar products:
19051000 – Crispbread
190520 – Gingerbread and the like
190530 – Sweet biscuits; waffles and wafers
190540 – Rusks, toasted bread and similar toasted products
190590 – Other:
– – Other:
19059040 – – – Waffles and wafers with a water content exceeding
10 %
19059045 – – – Biscuits
19059055 – – – Extruded or expanded products, savoury or salted
19059060 ––––With added sweetening matter
19059090 ––––Other
ex 2001 Vegetables, fruit, nuts and other edible parts of plants,
prepared or preserved by vinegar or acetic acid:
200190 – Other:
20019030 – – Sweetcorn( Zea mays var. saccharata )
20019040 – – Yams, sweet potatoes and similar edible parts of
plants containing 5 % or more by weight of starch
ex 2004 Other vegetables prepared or preserved otherwise thanby
vinegar or acetic acid, frozen, other than products of
heading No 2006):
200410 – Potatoes:
– – Other:
20041091 –––I nt h e form of flour, meal or flakes
200490 – Other vegetables and mixtures of vegetables:
20049010 – – Sweetcorn( Zea mays var. saccharata )
ex 2005 Other vegetables prepared or preserved otherwise thanby
vinegar or acetic acid, not frozen, other than products of
heading No 2006):
200520 – Potatoes:
20052010 – – Inthe form of flour, meal or flakes
20058000 – Sweetcorn( Zea mays var. Saccharata )
ex 2101 Extracts, essences and concentrates of coffee, tea or maté
and preparations with a basis of these products or with a
basis of coffee, tea or maté; roasted chicory and other
roasted coffee substitutes, and extracts, essences and
concentrates thereof:
– Extracts, essences and concentrates of coffee and
preparations with a basis of these extracts, essences or
concentrates or with a basis of coffee:
– – Preparations with a basis of these extracts, essences
or concentrates or with a basis of coffee:
21011298 – – – Other:
– Extracts, essences and concentrates, of tea or maté, and
preparations with a basis of these extracts, essences or
concentrates, or with a basis of tea or maté:
– – Preparations2001R1260 — EN — 01.07.2001 — 000.001 — 44
▼B
CN Code Description
21012098 – – – Other
– Roasted chicory and other roasted coffee substitutes,
and extracts, essences and concentrates thereof:
– – Roasted chicory and other roasted coffee substitutes:
21013019 – – – Other
– – Extracts, essences and concentrates of roasted chicory
and other roasted coffee substitutes:
21013099 – – – Other
ex 2102 Yeasts (active or inactive); other single-cell micro-
organisms, dead (but not including vaccines of heading
No 3002); prepared baking powders:
210210 – Active yeasts:
– – Bakers' yeast:
21021031 – – – Dried
21021039 – – – Other
210500 Ice cream and other edible ice, whether or not containing
cocoa:
ex 2106 Food preparations not elsewhere specified or included:
210690 – Other:
21069010 – – Cheese fondues
– – Other:
21069092 –––––C o n taining no milk fats, sucrose, isoglucose,
glucoseorstarchorcontaining, byweight,lessthan1,5%
milk fat, 5 % sucrose or isoglucose, 5 % glucose or starch
21069098 ––––– Other
2202 Waters, including mineral waters and aerated waters,
containing added sugar or other sweetening matter or
flavoured, and other non-alcoholic beverages, not
including fruit or vegetable juices of heading No 2009
2205 Vermouth and other wine of fresh grapes flavoured with
plants or aromatic substances:
ex 2208 Undenatured ethyl alcohol of an alcoholic strength by
volume of less than80 % vol.; spirits, liqueurs an d other
spirituous beverages:
220820 – Spirits obtained by distilling grape wine or grape marc:
22085091 to
22085099Geneva
220870 Liqueurs and cordials:
22089041 to
22089078– Other spirits and spirituous beverages:
29054300 Mannitol
290544 D-glucitol (sorbitol)
ex 3302 Mixtures of odoriferous substances and mixtures
(including alcoholic solutions) with a basis of one or
more of these substances, of a kind used as raw materials
in industry; other preparations based on odoriferous
substances, of a kind used for the manufacture of
beverages:
330210 – Of a kind used in the food or drink industries:
– – Of a kind used in the drink industries:
– – – Preparations containing all flavouring agents
characterising a beverage:
– – – – – Other (of anactual alcoholic stren gh by volume
not exceeding 0,5 %):
33021029 Other
ex Chapter 38 Miscellaneous chemical products:2001R1260 — EN — 01.07.2001 — 000.001 — 45
▼B
CN Code Description
382460 Sorbitol other thanthat of subheadin g 2905 442001R1260 — EN — 01.07.2001 — 000.001 — 46
▼B
ANNEX VI
STATES, COUNTRIES AND TERRITORIES REFERRED TO IN
ARTICLE 35
Barbados
Belize
Côte d'Ivoire
FijiGuyanaMauritius
India
JamaicaKenyaMadagascar
Malawi
UgandaDemocratic Republic of the Congo
Saint Kitts and Nevis — Anguilla
SurinameSwazilandTanzania
Trinidad and Tobago
ZambiaZimbabwe2001R1260 — EN — 01.07.2001 — 000.001 — 47
▼B
ANNEX VII
CORRELATION TABLE
Regulation(EC) No 2038/1999 This Regulation
Article 1 Article 1
Article 2(1) Article 1(2)(m)
Article 2(2) and (3) DeletedArticle 3 Article 2Article 4 Article 3
Article 5 Article 4
Article 6 Article 5Article 7 Article 6Article 8 Deleted
Article 9 Article 7
Article 10 Article 8Article 11 Article 9Article 12 DeletedArticle 13 Article 22
Article 14 Article 23
Article 15 Article 24Article 16 Article 25Article 17 Article 26
Article 18 Article 27
Article 19 Article 28Article 20 Article 29Article 21 Article 30
1st indent of Article 22(1) Article 31
Article 22(2) and (3) DeletedArticle 23 Article 32Article 24 Article 33
Article 25 Article 34
Article 26(1) Article 10(1)Article 26(2) Article 11(3)Article 26(3) Article 10(2)Article 26(4) Article 11(3)2001R1260 — EN — 01.07.2001 — 000.001 — 48
▼B
Regulation(EC) No 2038/1999 This Regulation
1st subparagraph of Article 26(5) Article 10(3)
2nd subparagraph of Article 26(5) Article 10(4)3rd subparagraph of Article 26(5) Article 10(5)
5th subparagraph of Article 26(5) Article 10(6)
Article 26(6) Deleted1st indent of Article 27(1) Article 11(1)Article 27(2) Deleted
Article 27(3) Article 11(2)
Article 27(4) DeletedArticle 27(5) DeletedArticle 27(6) Article 11(4)
Article 28 Deleted
Article 29 DeletedArticle 30 Article 12Article 31 Article 13Article 32 Article 14
Article 33 Article 15
Article 34 Article 16Article 35 Article 17Article 36 Article 18
Article 37 Article 19
Article 38 Article 20Article 39 Article 21Article 40 Article 35
Article 41 Article 36
Article 42 Article 37Article 43 Article 38Article 44 Article 39
Article 45 Article 40
Article 46 Article 41Article 47 Article 42(1)Article 48 Article 42(2) and (3)Article 49 Article 432001R1260 — EN — 01.07.2001 — 000.001 — 49
▼B
Regulation(EC) No 2038/1999 This Regulation
Article 50 Article 44
Article 51 Article 45Article 52 Deleted
Article 53 Article 46
Article 54 DeletedArticle 55 Article 49Article 56 Article 51
Regulation(EEC) No 793/72 This Regulation
Article 1 Annex I, Point IRegulation(EEC) No 431/68 This RegulationArticle 1 Annex I, Point II
Regulation(EEC) No 206/68 This Regulation
Article 1 Annex III, Point IArticle 2 Annex III, Point IIArticle 3 Annex III, Point IIIArticle 4 Annex III, Point IV
Article 5 Annex III, Point V
Article 6(1) Annex III, Point VIArticle 6(2) DeletedArticle 7 Annex III, Point VII
Article 8 Annex III, Point VIII
Article 8a DeletedArticle 8b Annex III, Point IXArticle 9 Annex III, Point X
Article 10 Annex III, Point XI
Article 11 DeletedArticle 12 Annex III, Point XIIArticle 13 Annex III, Point XIII
Regulation(EEC) No 741/75 This Regulation
Article 1 Annex III, Point XIVRegulation(EEC) No 193/82 This RegulationArticle 1 Annex IV, Point IArticle 2 Annex IV, Point II2001R1260 — EN — 01.07.2001 — 000.001 — 50
▼B
Regulation(EC) No 2038/1999 This Regulation
Article 3 Annex IV, Point III
Article 4 Annex IV, Point IVArticle 5 Annex IV, Point V
Article 6 Annex IV, Point VI
Article 7 Annex IV, Point VIIArticle 8 Annex IV, Point VIIIArticle 9 Annex IV, Point IX
Annex I Annex V
Annex II Annex VIAnnex III Annex VII2001R1260 — EN — 01.07.2001 — 000.001 — 51