1993R1713 — EN — 20.01.1997 — 001.001 — 1
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►B COMMISSION REGULATION (EEC) No 1713/93
of 30 June 1993
establishingspecialdetailedrulesforapplyingtheagriculturalconversionrateinthesugarsector
(OJ L 159, 1.7.1993, p. 94)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 2627/93 of 24 September 1993 L 240 19 25.9.1993
►M2Commission Regulation (EC) No 2926/94 of 30 November 1994 L 307 56 1.12.1994
►M3Commission Regulation (EC) No 59/97 of 16 January 1997 L 14 25 17.1.1997
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COMMISSION REGULATION (EEC) No 1713/93
of 30 June 1993
establishing special detailed rules for applying the agricultural
conversion rate in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June
1981 on the common organization of the markets in the sugar sector(
1),
as last amended by Regulation (EEC) No 1548/93 (2), and in particular
Article 6 (3), 8 (5), 28 (8) and 28a (5) thereof,
Having regard to Council Regulation (EEC) No 3763/91 of 16
December 1991 introducingspecific measures in respect of certainagricultural products for the benefit of the French overseas departe-ments(
3), and in particular Article 19 thereof,
Having regard to Council Regulation (EEC) No 1600/92 of 15 June
1992 introducingspecific measures for the Azores and Madeira relatingto certain agricultural products(
4), as amended by Regulation (EEC) No
3714/92 (5), and in particular Articles 10 and 25 (3) thereof,
Having regard to Council Regulation (EEC) No 1601/92 of 15 June
1992 introducingspecific measures for the Canary Islands with reg ardto certain agricultural products(
6), as amended by Regulation (EEC) No
3714/92, and in particular Article 3 (4) thereof,
Having regard to Council Regulation (EEC) No 3813/92 of 28
December 1992 on the unit of account and the conversion rates to beapplied for the purposes of the common agricultural policy (
7), and in
particular Articles 3 (3), 6 (2) and 12 thereof,
Whereas Commission Regulation (EEC) No 1068/93 of 30 April 1993
on detailed rules for determiningand applyingthe ag ricultural conver-sion rates(
8) lays down, in particular, rules concerningthe term ‘opera-
tive events'; whereas, pursuant to Regulation (EEC) No 3813/92, incases where the operative event as defined by that latter Regulationmust be specified or cannot be taken into account for reasons peculiar tothe market organization, a specific operative event must be determinedtakingaccount of special criteria;
Whereas Commission Regulation (EEC) No 3016/78 of 20 December
1978 layingdown certain rules for applyingconversion rates in thesugar and isoglucose sectors(
9), as last amended by Regulation (EEC)
No 3823/92 (10), lays down all the operative events to be taken into
account for the representative rates to be applied to amounts fixedwithin the framework of the common organization of the market insugar; whereas almost all of those operative events meet both thecriteria fixed in Article 6 (2) of Regulation (EEC) No 3813/92 and thespecial requirements of that market organization; whereas, therefore,most of those operative events should be kept and to that end provisionshould be made for derogations to the corresponding Articles of Regula-tion (EEC) No 1068/93; whereas the provisions concerningoperative
(1) OJ No L 177, 1. 7. 1981, p. 4.
(2) OJ No L 154, 25. 6. 1993, p. 10.
(3) OJ No L 356, 24. 12. 1991, p. 1.
(4) OJ No L 173, 27. 6. 1992, p. 1.
(5) OJ No L 378, 23. 12. 1992, p. 23.
(6) OJ No L 173, 27. 6. 1992, p. 13.
(7) OJ No L 387, 31. 12. 1992, p. 1.
(8) OJ No L 108, 1. 5. 1993, p. 106.
(9) OJ No L 359, 22. 12. 1978, p. 11.
(10) OJ No L 387, 31. 12. 1992, p. 27.
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events already laid down in Commission Regulation (EEC) No 1487/
92 (1), (EEC) No 1488/92 (2), (EEC) No 2177/92 (3), as amended by
Regulation (EEC) No 821/93 (4), and (EEC) No 3491/92 (5) should be
incorporated at the samte time; whereas the operative events for dena-turingpremiums and production refunds should also be reviewed and astandard operative event should be fixed for refunds in order to takeaccount of the many uses of sugar involved;
Whereas the agricultural conversion rates are likely to vary more in the
future than they have in the past because of the new agrimonetary rules;whereas, therefore, because of the self-financingarrang ements in thesugar sector, a single operative event for the whole Community shouldbe laid down for minimum prices for sugarbeet in order to protect beetproducers in particular; whereas in order to achieve this and because ofthe close connection between minimum prices for sugarbeet and sugarprices under the aforementioned self-financingarrang ements providedfor in Articles 28 and 29 of Regulation (EEC) No 1785/81 as well asthe fact that all those prices concernin operations carried out throughoutthe marketingyear, in the interests of consistency, pursuant to Article 3(3) of Regulation (EEC) No 3813/92, a definition of a specific agricul-tural conversion rate should be used which is close to the economicreality concerned and similar to the definition used in the past for theproduction levy collected from sugar refiners; whereas comparablespecific requirements apply regarding the amount of the reimbursementof storage costs;
Whereas, since Regulation (EEC) No 3016/78 has been amended many
times and the rules in this area have developed considerably, all theprovisions should be brought together within one single replacing Regu-lation whereas the new Regulation should enter into force from thebeg inningof hte 1993/94 marketingyear, tog ether with special trans-itional measures;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
1. The minimum sugar beet prices referred to in Article 5 of Regula-
tion (EEC) No 1785/81 and the production levy and additional levyreferred to, respectively, in Articles 28 and 28a of that Regulation shallbe converted into national currency usinga specific ag ricultural conver-sion rate equal to the average, calculated pro rata temporis ,o ft h e
agricultural conversion rates applicable during the marketing year inquestion.
2. The amount of reimbursement of storage costs referred to in
Article 8 of Regulation (EEC) No 1785/81 shall be converted intonational currency usinga specific ag ricultural conversion rate equal tothe average, calculated pro rata temporis , of the agricultural conversion
rates applicable duringthe month of storag e.
3. The specific agricultural conversion rate referred to in paragraph 1
shall be fixed by the Commission duringthe month followingthe end ofthe marketingyear in question. The Commission shall fix the ag ricul-tural conversion rate referred to in paragraph 2 each month for theprevious month.
(1) OJ No L 156, 10. 6. 1992, p. 7.
(2) OJ No L 156, 10. 6. 1992, p. 10.
(3) OJ No L 217, 31. 7. 1992, p. 71.
(4) OJ No L 85, 6. 4. 1993, p. 16.
(5) OJ No L 353, 3. 12. 1992, p. 21.
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Article 2
NotwithstandingArticles 9, 10, 11 and 12 of Reg ulation (EEC) No
1068/93, as the case may be, and without prejudice to the possibilitiesand conditions for advance fixingprovided for in Articles 13 to 17 ofthat Regulation, the operative events for applying the conversion ratewithin the framework of the common organization of the market insugar shall be as shown in the Annex.
Article 3
1. Regulation (EEC) No 3016/78 shall be repealed. However, it shall
continue to apply to current operations and procedures.
2. Article 6 of Regulation (EEC) No 1487/92, Article 7 of Regula-
tion (EEC) No 1488/92, Article 8 of Regulation (EEC) No 2177/92 andArticle 6 of Regulation (EEC) No 3491/92 are hereby deleted.
Article 4
This Regulation shall enter into force on 1 July 1993.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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Amount concerned Conversion rate to be appliedANNEX
I.Buyingin
(a)Buying-in price of sugar provided for in Article
9 (1) of Regulation (EEC) No 1785/81.Rate applicable on the day on which the offer of
sugar to intervention was accepted.
(b)Additional costs in respect of packingreferred
to in Article 17 (3) of Commission Regulation(EEC) No 2103/77 (
1).Rate applicable on the day on which the inter-
vention agency required that the sugar bebagged.
(c)
Increase or reduction referred to in Article 14
(2) of Regulation (EEC) No 2103/77.Rate applicable on the day on which the offer of
sugar to intervention was accepted.
(d)Reductions referred to in Article 13 of the
Regulation (EEC) No 2103/77.Rate applicable on the day on which the offer of
sugar to intervention was accepted.
(e)Amount of reimbursement referred to in Article8 (5) of Regulation (EEC) No 2103/77. Rate applicable on the day on which the offer ofsugar to intervention was accepted.
II.Saleofinterventionsugar
(a)
Sellingprice by tender pursuant to Article 3 of
Council Regulation (EEC) No 447/68 (2).Rate applicable on the day of payment. In the
case of advance fixingin accordance withArticle 6 (1) of Regulation (EEC) No 3813/92,the rate applicable shall be that in force on thelast day for submission of tenders for thetenderingprocedure in question.
(b)Sellingprice, other than by tender, fixed inaccordance with Article 3 of Regulation (EEC)No 447/68. Rate applicable on the day of payment.
III.Productionlevies
Advance payments provided for in Article 5 and 6
of Commission Regulation (EEC) No 1443/82 (3).Rate applicable on 1 April of the marketingyear in question.
IV.Non-quotaproduction
(a)
Levy referred to in Article 26 (3) of Regulation
(EEC) No 1785/81 for C sugar and C isoglu-cose for which no proof of export has beenfurnished within the prescribed period.Rate applicable on the day on which the highest
import levy in the case of sugar or variableelement of the levy in the case of isoglucosewas applicable duringthe period referred to inArticle 3 (1) of Commission Regulation (EEC)No 2670/81 (
4). If that amount was applicable
on two or more days, whether or not consecu-tive duringthat period, then the conversion rateshall be the rate applicable on the most recentof those days.
(b)
Amount provided for in Article 2 (2) of Regula-
tion (EEC) No 2670/81 in the event of substitu-tion of C sugar or C isoglucose.Rate applicable on the day on which the export
declaration for the sugar or isoglucose exportedin substitution was accepted.
(c)Amounts provided for in Article 5 (1) ofCommission Regulation (EEC) No 65/82 (
5) for
the quantity of sugar carried forward in respectof which the undertakinghas not met thestorage obligation.Rate applicable on the day on which thequantity in question was disposed of within themeaningof Article 12 of Commission Reg ula-tion (EEC) No 1998/78 (
6).
V.Compensationsystemforstoragecosts
(a)Storage levy provided for in Article 8 of Regu-
lation (EEC) No 1785/81.Rate applicable on the day on which thequantity in question was disposed of within themeaningof Article 12 of Reg ulation (EEC) No1998/78.
VI.Systemofminimumstocks
(a)
Reimbursement provided for in Article 3 (b) of
Council Regulation (EEC) No 1789/81 (7).Rate applicable on the day on which the request
for release was received by the competentauthority concerned.
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Amount concerned Conversion rate to be applied
(b)Amounts provided for in the Article 6 of Regu-
lation (EEC) No 1789/81 levied on sugar fromthe minimum stock marketed other than inaccordance with the rules laid down.Rate applicable on the day on which thequantity in question was disposed of within themeaningof Article 12 of Reg ulation (EEC) No1998/78.
VII.Denaturingpremium
Denaturingpremium provided for in Article 9 (2)
of Regulation (EEC) No 1785/81.Rate applicable on the day of denaturing. In thecase of advance fixingin accordance withArticle 6 (1) of Regulation (EEC) No 3813/92,the applicable rate shall be that in force on theday on which the application for a denaturingpremium certificate was received by thecompetent authority.
VIII.Productionrefundsforproductsusedbythechemicalindustry
Production refunds provided for in Article 9 (3) of
Regulation (EEC) No 1785/81.In the case of advance fixingof the ag riculturalconversion rate in accordance with Article 6 (1)of Regulation (EEC) No 3813/92, the applicablerate shall be that in force on the day on whichthe application for a refund certificate wasreceived by the competent authority.
In other cases, the applicable rate shall be that
in force on the first day of the second quarterfor which the certificate is valid.
IX.AidforthemarketingofsugarproducedintheFrenchoverseasdepartments
(a)
Transport aid referred to in Article 2 of Council
Regulation (EEC) No 2225/86 (8).Rate applicable on the date of completion of the
bill of ladingfor the transported sug ar.
(b)Aid referred to in Article 3 of Regulation (EEC)No 2225/86. Rate applicable on the day on which thequantity in question was refined.
X.Aidfortheadaptationoftherefiningindustry
(a)Aid provided for in Article 9 (4b) of Regulation
(EEC) No 1785/81.Rate applicable on the date on which theamount of raw sugar in question was refined,and for the Member State in which the refiningwas carried out.
XI.AidfortheadaptionoftherefiningindustryinPortugal
Aid provided for in the Article 9 (4c) of Regulation
(EEC) No 1785/81.Rate applicable on the day on which the amountof raw sugar in question was refined.
XII.NationalaidsreferredtoinArticle46ofRegulation(EEC)No1785/81
(a)
Aid provided for in the Article 46 (1) to (4) of
Regulation (EEC) No 1785/81 (Italy).Rate applicable on 1 January of the marketing
year during which the sugar beet and sugarwere produced.
(b)Aid provided for in the Article 46 (6) of Regu-lation (EEC) No 1785/81 (United Kingdom). Rate applicable on the date on which theamount of preferential raw sugar in questionwas refined, and for the Member State in whichthe refiningwas carried out.
XIII.AidprovidedforinRegulation(EEC)No3814/92(Spain)
(a)
Aid to beet and cane producers referred to in
Article 2 (1) and (2) of Council Regulation(EEC) No 3814/92 (
9).Rate applicable on the day on which the beet
and cane in question were processed into sugar.
(b)Aid for stocks at 31 December 1992 referred toin Article 2 (3) of Council Regulation (EEC)No 3814/92. Rate applicable on the day on which thequantity in question was disposed of within themeaningof Article 12 of Reg ulation (EEC) No1998/78.
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Amount concerned Conversion rate to be applied
XIV.Tradewiththirdcountries
All import and export levies and export refunds
provided for pursuant to Regulation (EEC) No1785/81:
(a)
with advance fixingof the ag ricultural conver-
sion rate;Rate applicable on the day on which the
application for advance fixingwas lodg ed.
(b)with advance fixingof the ag ricultural conver-sion rate or after expiry of the advance-fixingperiod referred to in Article 6 of Regulation(EEC) No 3813/92.Rate applicable on the day on which thecustoms declaration was accepted.
XV.Securities
All securities provided for pursuant to Regulation
(EEC) No 1785/81.Rate application on the day on which thesecurity was lodged.
XVI.Aidtotheremotestregions
(a)
Flat-rate aid per hectare for the cultivation of
sugar cane in the French overseas departmentsprovided for in Article 17 of Regulation (EEC)No 3763/91.Rate applicable on 1 July of the marketingyear
duringwhich the cane was planted and/or theland impovement operation was completed.
▼
M3
(b)Aid granted pursuant to Article 18 of Regula-tion (EEC) No 3763/91 for direct processingofsugar cane in the French overseas departmentsinto:
— sucrose syrup: rate applicable on the day the cane was
processed into sucrose syrup,
— agricultural rum: rate applicable on the day the cane juice is
distilled.
▼B
(c)Aid for the specific supply of sugar to theAzores and Madeira ►
M2 ◄
pursuant to Article 3 of Regulations (EEC) No1600/92 and (EEC) No 1601/92.Rate applicable on the day on which the aid
certificate was endorsed by the competentauthorities of the place of destination.
In the case of advance fixingin accordance with
Article 6 (1) of Regulation (EEC) No 3813/92,the applicable rate shall be that in force on theday on which the application for an aid certifi-cate was lodged.
(d)
Flat-rate aid per hectare for sugar beet produc-
tion in the Azores provided for in Article 25 (1)of Regulation (EEC) No 1600/92.Rate applicable on 1 July of the marketingyear
in which the beet was produced.
(e)
Special aid for the processingof sug ar beet
harvested in the Azores into white sugarprovided for in Article 25 (2) of Regulation(EEC) No 1600/92.Rate applicable on the day on which the sugar
beet was processed into white sugar.
▼
M1
(f)Flate-rate aid per hectare for the cultivation ofsugar cane in Madeira as provided for in Article17 of Regulation (EEC) No 1600/92.Rate applicable on 1 July of the marketingyear
in which the cane was planted or replanted orthe irrigation work was completed.
(g)Aid for direct processingof sug ar cane intosucrose syrup or agricultural rum in Madeira asprovided for in Article 18 of Regulation (EEC)No 1600/92.Rate applicable on the day on which the sugarcane in question was processed into syrup or theday on which the cane juice in question wasdistilled, as the case may be.
▼
B
(1) OJ No L 246, 27. 9. 1977, p. 12.
(2) OJ No L 91, 12. 4. 1968, p. 5.
(3) OJ No L 158, 16. 9. 1982, p. 17.
(4) OJ No L 262, 16. 9. 1981, p. 14.
(5) OJ No L 9, 14. 1. 1982, p. 14.
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(6) OJ No L 231, 23. 8. 1978, p. 5.
(7) OJ No L 177, 1. 7. 1981, p. 39.
(8) OJ No L 194, 17. 7. 1986, p. 7.
(9) OJ No L 387, 31. 12. 1992, p. 7.