2002R0314 — EN — 13.01.2004 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No314/2002
of20February2002
layingdowndetailedrulesfortheapplicationofthequotasysteminthesugarsector
(OJ L 50, 21.2.2002, p. 40)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1140/2003 of 27 June 2003 L 160 33 28.6.2003
►M2Commission Regulation (EC) No 38/2004 of 9 January 2004 L 6 13 10.1.2004
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COMMISSIONREGULATION(EC)No314/2002
of20February2002
laying down detailed rules for the application of the quota system
inthesugarsector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June
2001 on the common organisation of the markets in the sugar sector (1),
and in particular Articles 13(3), 14(4), 15(8), 16(5), 18(5) and thesecond paragraph of Article 41 thereof,
Whereas:
(1)Recent amendments to the common organisation of the market
in sugar for the 2001/02 to 2005/06 marketing years introducedby Regulation (EC) No 1260/2001 require some changes to be
made to the measures for implementing the quota system.
Commission Regulation (EEC) No 1443/82 of 8 June 1982laying down detailed rules for the application of the quotasystem in the sugar sector (
2), as last amended by Regulation
(EC) No 392/94 (3), having, moreover, already been substantially
amended a number of times, in the interests of clarity that Regu-
lation should be recast.
(2)For the application of the quota system in the sugar sector,
precise definitions are required of an undertaking's production
of sugar, isoglucose or inulin syrupand of internal Community
consumption. For this purpose all the white sugar, raw sugar,invert sugar and syrups or, as the case may be, isoglucose orinulin syrupactually p roduced by an undertaking should betreated as that undertaking's production. The possibility of allo-
cating part of the production of one undertaking to another
undertaking which has had sugar produced under contract shouldbe restricted to specific cases. Without prejudice to circum-stances of force majeure , such cases must be determined so as
to avoid financial consequences in the sugar sector.
(3)The smooth and efficient application of the quota system in theCommunity requires that the method for recording production ofsucrose syrups, isoglucose and inulin syrup be laid down.
(4)The production of isoglucose is completely accomplished assoon as the glucose or its polymers have undergone the processknown as ‘isomerisation’. Thus, in order to avoid arbitrary
choices of the moment at which production is recorded, such
recording should take place as soon as the isomerisation processhas ended and before any operation to separate the glucose andfructose constituents or to produce mixtures. In order to makethis control as effective as possible, isoglucose manufacturers inthe Community should be required to notify the competent
authorities of the Member State in question of every isomerisa-
tion facility used by them.
(5)Inulin syrup in product form generally appears as such from the
moment that the inulin or its oligofructoses have undergone the
process known as hydrolysis and first evaporation. This meansthat production should be recorded immediately after the hydro-lysis and first evaporation process has ended and before anyoperation to separate the glucose and fructose constituents or to
produce mixtures.
(6)In order to enable the Member States to establish correctly and
unequivocally the production of inulin syrup, it should be speci-2002R0314 — EN — 13.01.2004 — 002.001 — 2
(1) OJ L 178, 30.6.2001, p. 1.
(2) OJ L 158, 9.6.1982, p. 17.
(3) OJ L 53, 24.2.1994, p. 7.
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fied, on the basis of past experience in particular, that this opera-
tion is to be carried out with reference to an inulin syrupwith an80 % fructose content and a sugar/isoglucose equivalent
expressed by application of a coefficient of 1,9.
(7)The production levies provided for in Article 15 of Regulation
(EC) No 1260/2001 cannot be fixed until after the end of themarketing year in view of the fact that a large proportion of theexport commitments are made in the second half of the
marketing year and that the data serving to establish the produc-
tion levies are available only at that point. Therefore, in order toimplement as soon as possible the financial responsibility ofproducers, payment in advance of levies calculated on the basisof estimates should be made well before the end of themarketing year. Since most production of B isoglucose does
not, in general, take place until the last months of the marketing
year, advance payment of the basic production levy only shouldbe required in respect of isoglucose produced before 1 March ofthe marketing year in question. The levies should not be fixed orcollected until information which is as precise as possible, in
particular on consumption, is to hand.
(8)Rules should be laid down for payment of an additional price
component for beet where the production levy is less than themaximum amount, and provision should also be made for anadditional payment taking account, in particular, of the periodbetween the date of payment for the beet and the date of
payment of production levies by the manufacturer.
(9)To facilitate proper management of the quota system, the neces-
sary time limits for recording production and for communicatingrelevant data should be laid down, and provision should bemade, as necessary, for appropriate control measures by theMember States.
(10)The abolition of the system for compensating storage costs in thesugar sector from 1 July 2001 interrupted the availability ofstatistics on sugar stocks and disposal of sugar in the Commu-nity. In view of the importance of these statistics for the goodmanagement of the quota system, in particular for determiningthe monthly consumption of sugar and for drawing up supply
balances, provision should be made for Community sugar produ-
cers and refiners to continue to provide the Member States withmonthly data on sugar stocks and disposals.
(11)One of the characteristics of the organisation of the sugar sectoris the fact that relations between sugar manufacturers and beet
producers, in particular as regards the delivery of and payment
for sugar beet, are generally governed by inter-trade agreementsdrawn upwithin the framework laid down in Community legis-lation. These inter-trade agreements may provide forarrangements which take account of the specific situation in theregion in which they apply. Provision should therefore be made,
with regard to the option given to manufacturers to make beet
growers contribute towards the payment of the additional levy,for the arrangements for this contribution to be laid down ininter-trade agreements within the framework of Article 16(3) ofRegulation (EC) No 1260/2001.
(12)Undertakings producing isoglucose, contrary to undertakings
producing sugar which rely on production of sugar beet or sugar
cane, are not authorised to use the option of carrying overproduction from one marketing year to the next.
(13)Isoglucose is produced on a constant basis throughout themarketing year in order to be able to respond quickly and
without interruption to fluctuations in demand, which is highest
at the start and end of each marketing year. However, the isoglu-cose produced is difficult to stock in sufficient quantities to meetthese peaks in demand because extended storage threatens theessential sterility of the product. Under these circumstances,undertakings producing isoglucose have to discontinue produc-2002R0314 — EN — 13.01.2004 — 002.001 — 3
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tion at the end of the marketing year to avoid producing C
isoglucose which cannot be disposed of on the Communitymarket. This situation is detrimental to undertakings producing
isoglucose and requires provision to be made for a certain
amount of flexibility in the monthly recording of isoglucoseproduction. Such flexibility should however be limited to avoidintroducing, by automatic use thereof, a concealed carry-oversystem and thus an indirect increase in the production quotas of
those undertakings.
(14)In the operation of the quota system there may be some delaysin the recovery of production levies. To ensure harmonious
recovery of these sums in good time, rules should be laid downfor fixing and collecting production levies.
(15)The measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
1. For the purposes of Articles 13 to 18 of Regulation (EC) No
1260/2001, ‘sugar production’ means the total quantity, expressed as
white sugar, of:
(a) white sugar;
(b) raw sugar;
(c) invert sugar;
(d) syrups belonging to one of the following categories, hereinafter
called ‘syrups’:
— sucrose or invert sugar syrups which are at least 70 % pure and
are produced from sugar beet,
— sucrose or invert sugar syrups which are at least 75 % pure and
are produced from sugar cane.
2. The following shall be excluded when the quantity referred to in
paragraph 1 is being calculated:
(a) quantities of white sugar produced from raw sugar or syrups which
were not produced in the undertaking which manufactured thewhite sugar;
(b) quantities of white sugar produced from raw sugar, syrups or sugar
sweepings which were not produced during the marketing year inwhich the white sugar was manufactured;
(c) quantities of raw sugar produced from syrups which were not
produced in the undertaking which manufactured the raw sugar;
(d) quantities of raw sugar produced from syrups which were not
produced during the marketing year in which the raw sugar wasmanufactured;
(e) quantities of raw sugar processed into white sugar during the
marketing year in question by the undertaking which producedthem;
(f) quantities of invert sugar and syrups processed into alcohol or rum;
(g) quantities of syrups processed into sugar or invert sugar during the
marketing year in question by the undertaking which producedthem;
(h) quantities of syrups for spreading and those to be processed into
‘Rinse appelstroop’;
(i) quantities of sugar, invert sugar and syrups produced under inward-
processing arrangements;
(j) quantities of invert sugar produced from syrups which were not
produced by the undertaking which manufactured the invert sugar;2002R0314 — EN — 13.01.2004 — 002.001 — 4
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(k) quantities of invert sugar produced from syrups which were not
produced during the marketing year in which the invert sugar wasmanufactured.
3. Production shall be expressed in terms of white sugar in the
following way:
(a) in the case of white sugar, disregarding differences in quality;
(b) in the case of raw sugar, on the basis of yield determined in accor-
dance with Annex I to Regulation (EC) No 1260/2001;
(c) in the case of invert sugar, by multiplying production by the coef-
ficient 1;
(d) in the case of syrups considered as intermediate products, on the
basis of extractable sugar content determined in accordance withparagraph 5;
(e) in the case of syrups which are not considered as intermediate
products, on the basis of sugar content, expressed as sucrose inaccordance with Article 3(2) of Commission Regulation (EC) No2135/95 (
1).
4. Sugar sweepings from a previous sugar year shall be expressed as
white sugar in proportion to the sucrose content.
5. Purity of syrups shall be calculated by dividing the total sugar
content by the dry matter content.
The extractable sugar content shall be calculated by subtracting the
difference between the dry matter content and the polarimetric readingfor that syrup, multiplied by 1,70, from the polarimetric reading for the
syrupin question. Dry matter content shall be determined in accor-
dance with the areometric method.
However, the extractable sugar content can be established, for an entire
marketing year, on the basis of the real yield in syrups.
Article 2
1. For the purposes of Articles 13 to 18 of Regulation (EC) No
1260/2001, ‘isoglucose production’ means the total quantity of product
obtained from glucose or its polymers with a content by weight in the
dry state of at least 10 % fructose irrespective of its fructose content inexcess of that limit, expressed as dry matter and recorded in accor-dance with paragraph 2.
2. Isoglucose production shall be recorded as soon as the isomerisa-
tion process has terminated and before any operation to separate the
glucose and fructose constituents or to produce mixtures, by physical
metering of the volume of the product as such and determination ofthe dry matter content by refractometry.
3. Every isoglucose manufacturer shall be required to notify without
delay any of its facilities which may be used for the isomerisation of
glucose or its polymers.
Notification shall be made to the Member State on whose territory each
facility is situated. The Member State may require the manufacturer tofurnish additional information in this respect.
Article 3
1. For the purposes of Articles 13 to 18 of Regulation (EC) No
1260/2001, ‘inulin syrup production’ means the quantity of product
obtained after the hydrolysis of inulin or oligofructoses with a content
by weight in the dry state of at least 10 % fructose in free form or assucrose, irrespective of its fructose content in excess of that limit,expressed as dry matter sugar/isoglucose equivalent, and establishedfor each undertaking producing inulin syrup in accordance with para-graph 2.2002R0314 — EN — 13.01.2004 — 002.001 — 5
(1) OJ L 214, 8.9.1995, p. 16.
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2. Inulin syrupp roduction shall be recorded by means of the combi-
nation of the following operations:
(a) physical metering of the volume of the product as such immedi-
ately after leaving the first evaporator after each hydrolysis andbefore any operation to separate the glucose and fructose constitu-
ents or to produce mixtures;
(b) determination of the dry matter content by refractometry and
measurement of the fructose content by weight in the dry state, onthe basis of daily representative sampling;
(c) conversion of the fructose content to 80 % by weight in the dry
state by multiplying the quantity determined in dry matter by the
coefficient representing the ratio between the measured fructose
content of that quantity of syrupand 80 %;
(d) expression as sugar/isoglucose equivalent by applying the coeffi-
cient 1,9.
Article 4
1. For each marketing year a Community supply balance for sugar,
isoglucose and inulin syrup shall be drawn up and also a sugar supply
balance for each Member State. The balances shall be consolidated at
the end of the following marketing year.
2. Member States shall establish provisional sugar and inulin syrup
production figures for the current marketing year for each undertakinglocated in their territories and notify them to the Commission before 1March each year. Sugar production shall be broken down by month.
For the French departments of Guadeloupe and Martinique and for
Spain as regards cane sugar, the provisional production shall be estab-lished and notified by 1 July each year.
3. Member States shall notify to the Commission before 1 June each
year the areas and production of (a) beet for production of sugar,alcohol and other products respectively, and (b) chicory for productionof inulin syrup, for the current marketing year and estimates of them
for the following year.
4. Before 5 September each year Member States shall determine and
notify to the Commission actual A, B and C production of sugar,
isoglucose and inulin syrup respectively in the previous marketingyear by each undertaking located in their territory. Sugar productionshall be broken down by month.
5. Where it is necessary to amend actual sugar production on the
basis of the information notified under paragraph 4, the resulting differ-ence shall be taken into account in determining actual production in themarketing year during which this difference came to light.
6. Before 1 March each year Member States shall notify the
Commission of the A and B sugar, isoglucose and inulin syrupalloca-tions to each undertaking for the current marketing year.
Article 4a
1. Before the 15th day of each month each isoglucose-producing
undertaking shall notify to the Member State on whose territory itsproduction took place the quantities, expressed as dry matter, actuallyproduced during the previous month.
Member States shall establish the isoglucose production of each such
undertaking in each month and notify it to the Commission before theend of the second month following.
The quantities produced under inward processing arrangements shall be
notified separately. They shall not count for the purposes of the secondsubparagraph.2002R0314 — EN — 13.01.2004 — 002.001 — 6
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2. Notwithstanding the first and second subparagraphs of paragraph
1, a Member State's competent authorities may decide, at an isoglu-cose-producing undertaking's substantiated written request:
(a) either to combine its May and June production of the previous
marketing year and count the figure against the current marketing
year;
(b) or to combine all or part of its June production of a marketing year
with its July production of the next marketing year and count thefigure against the latter marketing year.
In the case set out in point (b) of the first subparagraph, the request for
combination must indicate at least the June production quantity to be
combined with the July figure. That quantity may not exceed 7 % of
the sum of the undertaking's A and B quotas for the marketing yearduring which the request for combination is made. The combined quan-tity shall be considered as the first production against the undertaking'squotas.
In reaching its decision the Member State shall take into account the
undertaking's production situation and market demand, with particular
reference to quotas and production levies. An undertaking may benefit
from only one of the two combination types indicated in the firstsubparagraph in a given marketing year.
3. After agreement by the Member State the undertaking shall notify
to it, before the following 15 July (in the case referred to in point (a) ofthe first subparagraph of paragraph 2) or 15 August (in the casereferred to in point (b) of the first subparagraph of paragraph 2) the
quantities, expressed as dry matter, actually produced during the two-
month period, account taken as appropriate of the actual quantity tobe combined referred to in the second subparagraph of paragraph 2.
4. The Member State shall establish and notify to the Commission,
before 15 October, the combined isoglucose production of the under-taking concerned during the two months in question that is to becounted against the current marketing year's production, in accordancewith point (a) or (b) respectively of the first subparagraph of paragraph
2.
5. The provisions of point (b) of the first subparagraph of paragraph
2 shall not be applicable to the last marketing year indicated in Article10(1) of Regulation (EC) No 1260/2001.
Article 4b
1. Each undertaking to which a sugar production quota has been
granted and each refinery covered by Article 7(4) of Regulation (EC)No 1260/2001 shall notify to the competent authority of the MemberState in which production or refining took place, before the 20th ofeach month, the total quantities, expressed as white sugar, of the sugarsand syrups indicated in Article 1(1)(a), (b), (c), and (d) of this Regula-
tion:
— owned by it or covered by a warrant, and
— stored in free circulation on Community territory at the end of the
previous month.
Those quantities shall be broken down by Member State of storage
into:
— sugar produced by that undertaking under A and B quotas,
— sugar carried forward in accordance with Article 14 of Regulation
(EC) No 1260/2001,
— C sugar, and
— other sugar.
2. The authority indicated in paragraph 1 may also, for the purposes
of administrative and physical checks, require undertakings to notifyexact storage locations and purchases and sales of sugar.
If storage is in a different Member State from the one notifying the
Commission, the latter Member State shall inform the former of the2002R0314 — EN — 13.01.2004 — 002.001 — 7
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quantities stored on its territory and their locations by the end of the
following month.
Each Member State shall notify to the Commission, before the end of
the second month following, the total quantity of sugar stored at the
end of each month by the undertakings indicated in paragraph 1,broken down by sugar type as indicated in the second subparagraphthereof.
The notification for stocks on 30 June shall however break down each
type of sugar in storage by Member State of storage. Where the type ofsugar stored outside the country of production is not determined, this
sugar is deemed to be A and B sugar.
Before 31 August 2003 Member States shall notify the stocks of sugar
on 30 June 2002 and 30 June 2003, broken down by Member State ofstorage and sugar type as indicated in paragraph 1.
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M2Each undertaking to which a production quota has been
granted for isoglucose or inulin syrupshall notify to the comp etentauthority of the Member State in which production took place, before
1 August, the quantities of isoglucose (expressed as dry matter) and of
inulin syrup(exp ressed as white sugar equivalent) owned by it andstored in free circulation on Community territory at the end of theprevious marketing year, broken down as follows: ◄
— isoglucose and inulin syrupp roduced by it under quotas A and B;
— C isoglucose and C inulin syrup; and
— other.
Member States shall notify to the Commission, before 1 September, the
quantities of isoglucose and inulin syrupstored at the end of the
previous marketing year, broken down as specified in the first subpar-
agraph.
Article 4c
1. Undertakings producing C sugar shall notify to the competent
authorities of the Member State in which it was produced, before theend of each month, the quantities they exported during the previousmonth. These shall be broken down by Member State of export.
Member States shall notify to the Commission, before the end of the
second month following, the monthly quantity of C sugar exported by
the undertakings indicated in the first subparagraph, broken down as
specified therein.
On the basis of proof of export as indicated in Article 2 of Commission
Regulation (EEC) No 2670/81 (
1), Member States shall notify to the
Commission, before 15 May, the quantity of C sugar exported in eachmonth of the previous marketing year by the undertakings indicated in
the first subparagraph, broken down as specified therein.
2. Undertakings that produced C sugar during one or both of the
marketing years 2001/02 and 2002/03 shall before 1 August 2003notify to the competent authorities of the Member State in which itwas produced the quantities of it exported during the 2002/03marketing year, broken down by Member State of export.
Member States shall notify to the Commission, before 5 September
2003, the quantities of C sugar exported by the above undertakings
during the 2002/03 marketing year, broken down as specified therein.
Article 5
1. For the purposes of Articles 13 to 18 of Regulation (EC) No
1260/2001 and subject to paragraphs 2 to 5 of this Article, the sugaror isoglucose production of an undertaking means the quantity of sugaror isoglucose actually manufactured by that undertaking.2002R0314 — EN — 13.01.2004 — 002.001 — 8
(1) OJ L 262, 16.9.1981, p. 14.▼B
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2. For a given marketing year, the total sugar production of an
undertaking shall be the production referred to in paragraph 1 plus thequantity carried over to that marketing year and minus the quantity
carried over to the following marketing year.
3. Where two manufacturers make a signed application in writing to
the Member State concerned, the quantity of sugar produced by anundertaking (hereinafter called ‘the processor’) under contract frommaterials supplied shall be treated as part of the production of theundertaking (hereinafter called ‘the principal’) which had the sugar
produced under that contract provided that one of the following condi-
tions is met:
(a) the total sugar production of the processor is less than it's a quota;
(b) the total sugar production of the processor is more than it's a quota
but less than the sum of it's a and B quotas and the principal's total
sugar production is more than it's a quota;
(c) the total sugar production of the processor and of the principal is
more than the sum of their respective A and B quotas.
4. Where the factories of the principal and of the processor are situ-
ated in different Member States, the application referred to in
paragraph 3 must be made to the two Member States concerned. In
that case the Member States concerned shall act in concert as regardsthe response to be given, and shall take the necessary steps to verifythat the conditions referred to in paragraph 3 are observed.
5. In accordance with the procedure laid down in Article 42(2) of
Regulation (EC) No 1260/2001, the quantity of sugar produced by a
processor may be considered to be produced by the principal if, owing
to a case of force majeure , the beet, cane or molasses have to be
processed into sugar in an undertaking other than that of the principal.
Article 6
1. Before 1 April the following action shall be taken in respect of
the current marketing year:
(a) the basic production levy and B levy for sugar shall be estimated in
accordance with Article 15 of Regulation (EC) No 1260/2001;
(b) the unit amounts, determined in accordance with Article 7 of this
Regulation, to be paid by sugar manufacturers, isoglucose manufac-turers and inulin syrupmanufacturers as advance p ayments inrespect of the levy shall be fixed in accordance with the procedurelaid down in Article 42(2) of Regulation (EC) No 1260/2001.
2. Before 15 April of the current marketing year Member States
shall establish the advance payments for that marketing year to be
made by each sugar-producing undertaking, each isoglucose-producingundertaking and each inulin syrup-producing undertaking.
In the case of the French departments of Guadeloupe and Martinique
and of Spain, in respect of cane sugar, these advance payments shallbe fixed before 15 August of the current marketing year.
In the case of sugar and inulin syrup, the advance payment shall be
determined:
(a) by applying to the provisional production of A sugar and A inulin
syrup and B sugar and B inulin syrup, determined pursuant toArticle 4(1), the unit amount fixed for the advance payment inrespect of the basic production levy;
(b) by applying to the provisional production of B sugar and B inulin
syrup, determined pursuant to Article 4(1), the unit amount fixedfor the advance payment in respect of the B levy.
In the case of isoglucose, the advance payment shall be determined by
applying to the production between 1 July and the end of the followingFebruary for the current marketing year the unit amount fixed for theadvance payment in respect of the basic production levy on isoglucose.2002R0314 — EN — 13.01.2004 — 002.001 — 9
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3. Member States shall collect these advance payments before 1
June of the current marketing year.
In the case of the French departments of Guadeloupe and Martinique
and of Spain, in respect of cane sugar, these advance payments shall
be collected before 1 September of the current marketing year.
4. The quantities disposed of for consumption in the Community to
be recorded under Article 15(1)(b) and (2)(a) of Regulation (EC) No1260/2001 shall be established by totalling the quantities, expressed aswhite sugar, of the sugars and syrups indicated in Article 1(1)(a), (b),(c), and (d) and of isoglucose and inulin syrup:
(a) stored at the beginning of the marketing year;
(b) produced under quotas A and B;
(c) imported in the natural state;
(d) contained in imported processed products;
subtracting the quantities referred to in the first subparagraph,
expressed as white sugar, of sugar, isoglucose and inulin syrup:
(a) exported in the natural state;
(b) contained in exported processed products;
(c) stored at the end of the marketing year;
(d) for which certificates for production refunds as indicated in Article
7(3) of Regulation (EC) No 1260/2001 have been issued.
Quantities as indicated in points (c) and (d) of the first subparagraph
and in points (a) and (b) of the second subparagraph shall be extractedfrom the Eurostat databases and shall, if the figures for a marketingyear are incomplete, cover the most recent 12 months available. Quan-tities produced under inward processing arrangements shall not be
counted.
Quantities as indicated in point (c) of the first subparagraph and point
(a) of the second subparagraph shall include those consigned to theCanary Islands, Madeira and the Azores covered by Article 1(1a) ofRegulation (EEC) No 2670/81.
The quantities of sugar, isoglucose and inulin syrupin the p roducts
indicated in point (d) of the first subparagraph and point (b) of thesecond subparagraph shall be established on the basis of the average
sugar contents established for the products concerned and of Eurostat
figures.
Quantities as indicated in point (a) of the second subparagraph shall
exclude C sugar, C isoglucose, C inulin syrupand food aid.
5. The following shall be regarded within the meaning of Article
15(1)(d) of Regulation (EC) No 1260/2001 as export obligations to befulfilled during the current marketing year:
(a) all quantities of sugar to be exported in the natural state with
export refunds or levies fixed by means of tenders opened in
respect of that marketing year;
(b) all quantities of sugar, isoglucose and inulin syrupto be exp orted
in the natural state with export refunds or levies fixed periodicallyon the basis of export licences issued during that marketing year;
(c) all foreseeable exports of sugar, isoglucose and inulin syrup in the
form of processed products with export refunds or export leviesfixed for that purpose during that marketing year.
For the calculation of the foreseeable average loss referred to in Article
15(1)(d) of Regulation (EC) No 1260/2001, the production refunds forthe quantities of basic products expressed as white sugar for whichcertificates for the production refunds referred to in Article 7(3) of2002R0314 — EN — 13.01.2004 — 002.001 — 10
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that Regulation have been issued during the course of the marketing
year in question shall also be taken into account.
Article 7
1. Where the estimate of the basic production levy on sugar and
inulin syrupis at least 60 % of the maximum amount referred to in
Article 15(3) of Regulation (EC) No 1260/2001, the unit amount of
the advance payment shall be 50 % of that maximum amount.
Where the estimate is less than 60 % of that maximum amount, the
unit amount of the advance payment shall be 80 % of that estimate.
2. Paragraph 1 shall also apply for determining the unit amount of
the advance payment in respect of the B levy on sugar and inulinsyrup, taking into account the maximum amount referred to in Article
15(4) and (5) of Regulation (EC) No 1260/2001.
3. The unit amount of the advance payment in respect of the basic
production levy on isoglucose shall be 40 % of the unit amount of thebasic production levy on sugar estimated in accordance with Article6(1)(a) of this Regulation.
Article 8
1. There shall be fixed for sugar, isoglucose and inulin syrupbefore
15 October, in respect of the preceding marketing year:
(a) the amounts of the basic production levy and the B levy;
(b) if required, the coefficient referred to in Article 16(2) of Regulation
(EC) No 1260/2001.
2. Before 1 November in respect of the preceding marketing year
and taking into account the advance payments collected pursuant toArticle 6, Member States shall determine the balance of the leviesoutstanding in the case of each sugar-producing undertaking, each
isoglucose-producing undertaking and each inulin syrup-producing
undertaking.
Balances due from the undertaking or from the Member State referred
to in the first subparagraph shall be paid before 15 December followingthe deadline for determining those balances.
3. If a coefficient is adopted in accordance with Article 16(2) of
Regulation (EC) No 1260/2001 the Member States shall, in accordance
with the provisions of that paragraph, determine for each sugar-produ-
cing undertaking, for each isoglucose-producing undertaking and foreach inulin syrup-producing undertaking, before 1 November in respectof the preceding marketing year, the additional levy to be paid by themanufacturers in question. This levy shall be collected at the same timeas the balance of the production levies for that marketing year.
4. If the sum of the levies due by a producing undertaking has not
been correctly established, the correct amount to be paid or balance dueby the producing undertaking in question must be established within aperiod of 30 days from the date on which the Member State hasnoticed this situation and is able to calculate the amount legally due.
Member States shall collect the amounts referred to in the first subpar-
agraph within 30 days of the date on which they are established.
Article 9
1. The amounts referred to in Article 18(2) of Regulation (EC) No
1260/2001 shall be fixed at the same time as the levies referred to in
Article 8(1) of this Regulation and in accordance with the same proce-dure.
2. Where the price paid by a sugar manufacturer to the beet seller is
lower than the basic price for beet, the manufacturer shall, to the extentof the difference in question, allow the beet seller a share of theincreased value of the sugar in the light of the intervention price.2002R0314 — EN — 13.01.2004 — 002.001 — 11
▼B
For the purpose of calculating the amount corresponding to this share,
the manufacturer shall take into account:
(a) the periods between the dates of payment for the beet and the dates
laid down for the advance payments and payment of the balances
in respect of the production levies and the additional levy;
(b) the European Central Bank's interest rate for main refinancing
operations in the periods referred to in point (a). For a MemberState which is not participating in the third stage of economic and
monetary union, the reference rate shall be the equivalent rate set
by its national central bank;
(c) the percentage laid down in Article 18(2) of Regulation (EC) No
1260/2001;
(d) the yield of the beet in question, without prejudice to Article 5(1)
of Regulation (EC) No 1260/2001.
3. The amounts referred to in paragraph 1 and the amount corre-
sponding to the share referred to in paragraph 2 shall be paid to thebeet seller by the sugar manufacturer within four weeks following the
date on which the levies referred to in Article 8(1) are fixed.
4. Inter-trade agreements may derogate from the provisions of para-
graphs 2 and 3.
Article 10
Member States shall take all the measures necessary to establish the
controls required for recording production of the products covered bythis Regulation.
Article 11
The reimbursement referred to in the second and third subparagraphs of
Article 16(3) of Regulation (EC) No 1260/2001 may, without prejudiceto these provisions, be made in accordance with rules defined by aninter-trade agreement.
Article 12
Regulation (EEC) No 1443/82 is hereby repealed.
Article 13
This Regulation shall enter into force on the day following its publica-
tion in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2002R0314 — EN — 13.01.2004 — 002.001 — 12