65/82 - - - I
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COMMISSION REGULATION (EEC) No 65/82
of 13 January 1982
laying down detailed rules for carrying forward sugar to the following marketing year
(OJ No L 9, 14. 1. 1982, p. 14)
Amended by:
Official Journal
No page date
Commission Regulation (EEC) No 948/82 of 26 April 1982 L 113 7 27.4.1982
Commission Regulation (EEC) No 1708/84 of 19 June 1984 L 162 7 20.6.1984
65/82 - - - I
ICOMMISSION REGULATION (EEC) No 65/82
of 13 January 1982laying down detailed rules for carrying forward sugar to the following mar-
keting year
THE COMMISSION OF THE EUROPEANCOMMUNI-
TIES,
Having regard to the T reaty establishing the European
Economic Community,
Having regard to Council Regulation (EEC) No 1785/81
of 30 June 1981 on the common organization of the mar-
kets in the sugar sector(1), and in particular Articles 27
(3), 32 (3) and 48 thereof,
Whereas Article 27 of Regulation (EEC) No 1785/81 pro-
vides that each undertaking shall be free to decide to carry
forward the whole or part of its sugar production outside
its A quota to the next marketing year to be treated as
part of that year’s production; whereas, in view of the pos-
sibility that a sugar- - -producing undertaking might decide
to carry forward the whole of its production outside its A
quota, the beet producersconcerned should be closely in-
volved in that decision by means of an inter- - -trade agree-
ment, covering this point, within the meaning of 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(2),a sl a s ta m e n d e db y
the Act of Accession of Greece; whereas relations between
t h ec a n es u g a rm a n u f a c t u r e r sa n dt h ec a n ep r o d u c e r si n
the French overseas departments are the concern of the
joint committee of the factory concerned Article; whereas,
therefore, the prior assent of that committee is necessary
for the carry- - -forward of cane sugar;
Whereas the concept of carrying forward can apply only to
sugar which has in fact been produced; whereas it is there-
fore appropriate to provide that an undertaking may take a
decision to carry forward only in respect of that sugar out-
side its quota A whose production has been verified by theMember State concerned and to establish the rules for
such verification, in particular as regards the information
to be supplied for this purpose by the undertaking;
Whereas the second subparagraph of Article 27 (3) of
Regulation (EEC) No 1785/81 provides for a charge to be
levied on any sugar carried forward which is disposed of
during the obligatory storage period of 12 consecutive
months; whereas, in addition, the disposal of such sugar
during that period justifies, as in the case of all other sugar
disposed of, the levying of an additional amount equal to
the storage levy referred to under (a) of the third subpara-
graph of Article 8 (2) of Regulation (EEC) No 1785/81;
Whereas the present Regulation is intended to replace
Commission Regulation (EEC) No 103/69 of 20 January
1969 laying down detailed rules for carrying forward part
of one year’s sugar production to the following marketing
year
(3), as amended by Regulation (EEC) No 144/69(4);
Whereas beet producers in Greece do not yet have specific
trade organizations to represent them; whereas, therefore,
(1)OJ No L 177, 1. 7. 1981, p. 4.
(2)OJ No L 47, 23. 2. 1968, p. 1.
(3)OJ No L 14, 21. 1. 1969, p. 9.
(4)OJ No L 20, 27. 1. 1969, p. 6.
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IIa transitional measure should be provided for carrying for-
ward sugar from the 1981/82 marketing year,
Whereas the Management Committee for Sugar has not
delivered an opinion within the period set by its chairman,
HAS ADOPTED THIS REGULATION:
65/82 - - - I
1Article 1
1. An undertaking may carry forward a quantity of beet
s u g a rt ot h ef o l l o w i n gm a r k e t i n gy e a rp u r s u a n tt oA r t i c l e
27 of Regulation (EEC) No 1785/81 only if provision for
this has been made in an inter- - -trade agreement within the
meaning of Article 1 of Regulation (EEC) No 206/68.
For the purposes of carrying forward beet sugar to the fol-
lowing marketing year the agreement referred to in the
first subparagraph shall contain provisions concerning the
quantity of beet corresponding to the quantity of sugar to
be carried forward and the distribution of that quantity of
beet among the beet producers concerned.
2. An undertaking may carry forward a quantity of cane
s u g a rt ot h ef o l l o w i n gm a r k e t i n gy e a rp u r s u a n tt oA r t i c l e
27 of Regulation (EEC) No 1785/81 only if this has been
approved by the joint committee of the factory concerned.
Article 2
1. An undertaking may decide to carry forward sugar
only if the Member State concerned verifies that such sug-
ar was produced as B sugar or as C sugar.
This decision by the undertaking may apply only up to a
maximum quantity not exceeding 20 % of its A quota ap-
plicable in the marketing year during which the sugar in
question was produced.
However, undertakings which decided during the 1981/82
marketing year to carry forward to the1982/83 marketing
year a quantity exceeding the limit referred to in the se-
cond subparagraph may decide to carry forward to the
1983/84 marketing year a maximum quantity equal to that
quantity.
For sugar carried forward the storage period referred to inArticle 27 (2) of Regulation (EEC) No 1785/81 shall begin
on the date notified by the undertaking to the competentbody in the Member State concerned, provided that the
conditions laid down in the first subparagraph have been
complied with. The date may not, however, precede that
on which the said body receives the notification. If the
date stated in the application precedes that on which the
notification is received, the storage period shall begin on
the day on which the notification is received.
2. For the purposes of the verification referred to inparagraph 1 the Member State shall:
(a) add the quantities of sugar already carried forward
from the preceding marketing year to the quantities
of sugar produced during the current marketing year
up to the date of the relevant decision to carry for-
ward; and65/82
948/82
1708/84
948/82
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2(b) subtract from the total referred to under (a) any
quantities of C sugar exported before the date of the
relevant decision to carry forward and any quantities
subject to a decision to carry forward taken during
the current marketing year.
3. The quantities of sugar carried forward shall be re-
garded as the first A sugar to have been produced during
the marketing year to which they were carried forward.
4. Where a Member State takes action under Article 2
(6) of Council Regulation (EEC) No 193/82(5)it may, in
order to achieve the objective referred to in that para-
graph, provide that the limit laid down in the second sub-
paragraph of paragraph 1 shall not apply to the sugar- - -
producing undertaking during the marketing year or years
for which a part of its quotas has been reallocated to one
or more other sugar- - -producing undertakings.
Moreover, if the sugar- - -producing undertaking, a part of
whose quotas has been reallocated to one or more other
sugar- - -producing undertakings with effect from a given
marketing year pursuant to Article 2 (6) of Regulation
(EEC) No 193/82, decided before such reallocation to
carry forward a quantity of sugar to the same marketing
year, that decision shall be regarded as having been taken
by the sugar- - -producing undertaking or undertakings bene-
fiting from the reallocation of the quotas to the extent of
such reallocated quotas.
Article 3
1. Subject to paragraph 3, and in respect of the beet
which was processed into the sugar carried forward, the
undertaking concerned shall pay a price at least equal to
the minimum price for A beet in force on the date of expi-
ry of the obligatory storage period of the sugar in ques-
tion. This price shall be adjusted by increases or reductions
corresponding to the differences in quality from the stan-
dard quality.
2. Where an undertaking has taken a decision to carry
forward but has not, in respect of the beet processed into
the sugar carried forward, made a provisional payment cor-
responding to the minimum price for A beet in force dur-
ing the marketing year in which it was produced, that un-
dertaking shall be bound to apportion with the beet
producer the storage reimbursement for the period re-
ferred to in Article 27 of Regulation (EEC) No 1785/81.
For the purposes of this apportionment regard shall be had
to the following:
(a) the financing costs taken into account in fixing the
amount of the relevant storage reimbursement re-
ferred to in Article 8 of Regulation (EEC) No
1785/81;
(5)OJ No L 21, 29. 1. 1982, p. 3.948/82
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3(b) the percentage referred to in Article 29 (2) of that
Regulation;
(c) the yield referred to in Article 4 (2) of that Regula-
tion.
3. With the agreement of the Member State concerned,
a derogation from the provisions of paragraph 1 may be
made under an inter- - -trade agreement.
Where Article 30 (3) of Regulation (EEC) No 1785/81 is
applied a derogation from paragraph 1 may not result in
the total receipts of any beet producer being less than
those resulting from the application of Articles 6 and 32 of
that Regulation.
Article 4
The notification referred to in Article 27 (2) of Regulation
(EEC) No 1785/81 shall include:
(a) a declaration by the undertaking concerned that the
sugar to be carried forward is B sugar or C sugar and
will be stored within the meaning of the said Article
27 for the period beginning on the date referred to
under (c);
(b) the quantity, expressed as white sugar, of B sugar or
C sugar to be carried forward;
(c) the date on which the obligatory storage period be-
gins;
(d) the information necessary for the verification referred
to in Article 2 of this Regulation.
Member States may require additional information.
Article 5
1. With the exception of cases of force majeure recog-
nized by the Member State concerned, and without preju-
dice to the application of Article 2 (3), Member States
shall levy an amount of 20.00 ECU per l00 kilograms of
the quantity of sugar carried forward in respect of which
undertakings have not complied with the storage obligation
referred to in Article 27 (2) of Regulation (EEC) No
1785/81. On the quantity of sugar referred to in the firstsubparagraph, Member States shall also levy an amount
equal to the storage levy referred to under (a) of the third
subparagraph of Article 8 (2) of Regulation (EEC) No
1785/81 in force at the time when the sugar was disposed
of.
2. Member States shall take the steps necessary for the
application of this Article, particularly in cases where force
majeure is claimed by the undertaking concerned.948/82
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4Where the Member State concerned recognizes a case of
force majeure, quantities of B sugar or C sugar carried
forward which have been destroyed or irretrievably dam-
aged shall, on application by the undertaking concerned,
be regarded as not having been carried forward. In respect
of any C sugar so regarded, the Member State shall re-
quire repayment of amounts already paid as reimburse-
ment of storage costs.
Article 6
Regulation (EEC) No 103/69 is hereby repealed.
Article 7
This Regulation shall enter into force on the day following
its publication in the Official journal of the European Com-
munities.
The provisions of Article 1 (1) shall not apply in Greece in
respect of sugar carried forward from the1981/82 market-
ing year to the 1982/83 marketing year.948/82
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