2670/81 - - I
This document is meant purely as a documentation tool and the institutions do not assume any liability for its con-
tents
COMMISSION REGULATION (EEC) No 2670/81
of 14 September 1981
laying down detailed implementing rules in respect of sugar production in excess of the quota
(OJ No L 262, 16. 9. 1981, p. 14)
Amended by:
Official Journal
No page date
Commission Regulation (EEC) No 1760/84 of 22 June 1984 L 165 19 23. 6. 1984Commission Regulation (EEC) No 2561/85 of 11 September 1985 L 244 23 12. 9. 1985Commission Regulation (EEC) No 1714/88 of 13 June 1988 L 152 23 18. 6. 1988Commission Regulation (EEC) No 3892/88 of 14 December 1988 L 346 29 15. 12. 1988Commission Regulation (EEC) No 56/91 of 9 January 1991 L 7 25 10. 1. 1991Commission Regulation (EEC) No 3559/91 of 6 December 1991 L 336 26 7. 12. 1991Commission Regulation (EEC) No 2177/92 of 30 July 1992 L 217 71 31. 7. 1992Commission Regulation (EEC) No 67/93 of 15 January 1993 L 10 8 16. 1. 1993Commission Regulation (EEC) No 1754/93 of 30 June 1993 L 161 45 2. 7. 1993
2670/81 - - - I
ICOMMISSION REGULATION (EEC) No 2670/81
of 14 September 1981
laying down detailed implementing rules in respect of sugar production in excess of the quota
THE COMMISSION OF THE EUROPEAN COMMU-
NITIES,
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
markets in the sugar sector(1), and in particular Article 26
(3) thereof,
Whereas Article 26 of Regulation (EEC) No 1785/81 pro-
vides that C sugar which is not carried forward to the fol-
lowing marketing year pursuant to Article 27 of the said
Regulation and C isoglucose must be exported in the natu-
ral state without refunds or levies before 1 January follow-
ing the end of the marketing year in question; whereas, if
part or all of these quantities are disposed of on the inter-
nal market or if they are not exported before the date laid
down, a charge is to be levied, in respect of the quantities
in question, which is to be fixed in accordance with the
procedure laid down in Article 41 of Regulation (EEC) No
1785/81; whereas the detailed rules governing this matter
were adopted in Commission Regulation (EEC) No
2645/70 of 28 December 1970 on the provisions applicable
to sugar produced in excess of the maximum quota(2),a s
last amended by Regulation (EEC) No 1367/78(3),a n di n
Commission Regulation (EEC) No 1700/80 of 30 June
1980 laying down detailed rules for the application of quo-
tas for the production of isoglucose during the period 1
July 1980 to 30 June 1981(4); whereas Regulation (EEC)
No 2645/70 has already been amended several times and
whereas further amendments are necessary in view of the
basic provisions of Regulation (EEC) No 1785/81 concern-
ing sugar and isoglucose, which are both sweeteners and inwhich there is a single market; whereas therefore, for rea-
sons of clarity, a new Regulation should be adopted incor-
porating the detailed rules concerning C sugar and C iso-
glucose;
Whereas for administrative reasons it must be specified
that, for the purposes of Article 26 of Regulation (EEC)
No 1785/81, the quantity of C sugar or C isoglucose in
respect of which proof of export within the prescribed
period has not been furnished by the manufacturer before
a final date is to be considered as having been disposed of
on the internal market; whereas for the same reasons the
documents to be used to furnish this proof should be those
used for export as required by Commission Regulation
(EEC) No 2630/81 of 10 September 1981 laying down
special detailed rules for application of the system of im-
port and export licences in the sugar sector
(5)and in
Commission Regulation (EEC) No 3183/80 of 3 December
1980 laying down common detailed rules for the applica-
tion of the system of import and export licences and ad-
(1)OJ No L 177, 1. 7. 1981, p. 4.
(2)OJ No L 283, 29. 12. 1970, p. 48.
(3)OJ No L 166, 23. 6. 1978, p. 24.
(4)OJ No L 166, 1. 7. 1980, p. 90.
(5)OJ No L 258, 11. 9. 1981, p. 16.
2670/81 - - - I
IIvance fixing certificates for agricultural products(6),a sl a s t
amended by Regulation (EEC) No 2646/81(7);
Whereas when the charge to be levied in cases of disposal
on the internal market is fixed, it is essential to place C
sugar or C isoglucose which has not been exported on a
similar footing to sugar or isoglucose imported from non-
member countries; whereas for this purpose the charge
should be fixed taking account both of the import levy for
sugar or, for isoglucose, of the variable element referred to
in Article 16 (6) of Regulation (EEC) No 1785/81 at the
highest rate applicable during a period comprising the
marketing year during which the sugar or isoglucose in
question was produced and the six months following that
marketing year, and also of a flat rate (SIC! flat-rate)
amount fixed on the basis of the cost of disposing of sugar
imported from non-member countries;
Whereas goods supplied to the destinations referred to in
Article 5 of Commission Regulation (EEC) No 2730/79 of
29 November 1979 laying down common detailed rules for
the application of the system of export refunds on agricul-
tural products(8), as last amended by Regulation (EEC)
No 2646/81, are not to be considered as exports;
Whereas a manufacturer should be allowed to export sugar
or isoglucose which has not been produced by him; where-
as it is necessary to provide in that case for the payment
of a flat-rate amount which may be considered in all cases
as compensation for any advantage accruing from such a
substitution;
Whereas it is necessary to provide for certain measures in
cases where force majeure make it impossible to export C
sugar and C isoglucose; whereas it is justified to make
these measures applicable retroactively so that the few
cases of this kind which have occurred in the past may be
dealt with to the benefit of those concerned, in particular
through non-payment of the charge to be paid when the
product in question has for this reason not been exported;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management Com-
mittee for Sugar,
HAS ADOPTED THIS REGULATION:
(6)OJ No L 338, 13. 12. 1980, p. 1.
(7)OJ No L 259, 12. 9. 1981, p. 10.
(8)OJ No L 317, 12. 12. 1979, p. 1.
2670/81 - - - I
1Article 1
1. The export referred to in Article 26 (1) of Regulation
(EEC) No 1785/81 shall be considered to have taken place
if:
(a) without prejudice to the other provisions of this Re-
gulation, the proof referred to in Article 2 is in the
possession of the competent agency of the Member
State of production whatever the Member State of ex-
port of the C sugar or the C isoglucose may have
been;
(b) the export declaration in question is accepted by the
Member State of export before 1 January following
the end of the marketing year during which the C
sugar or the C isoglucose was produced;
(c) the C sugar or the C isoglucose or a corresponding
quantity within the meaning of Article 2 (3) left the
customs territory of the Community at the latest with-in 60 days from 1 January referred to under (b);
(d) the product has been exported without refund or levy
as white sugar or raw sugar, non denatured, or as sy-
rups, obtained prior to the crystallizing stage, falling
within CN codes 1702 60 90 and 1702 90 90, or as iso-
glucose in its natural state,
E x c e p ti nt h ec a s eo f force majeure, if all of the conditions
provided for in the first subparagraph are not complied
with, the quantity of C sugar or C isoglucose in question
shall be considered to have been disposed of on the inter-
nal market.
I nt h ec a s eo f force majeure, the competent agency of the
Member State on whose territory the C sugar or the C
isoglucose has been produced shall adopt the measures
which are necessary by virtue of the circumstances invoked
by the interested party. Where the C sugar or the C iso-
glucose is exported from the territory of a Member State
other than that in which it has been produced, these
measures shall be taken after receiving the opinion, where
appropriate, of the competent authority of that Member
State.
1a. Notwithstanding paragraph 1 (a), (b) and (d), where
C sugar is improted (SIC! imported) into the Canary Is-
lands or into Madeira in the form of white sugar falling
within CN code 1701 or into the Azores in the form of
raw sugar falling within CN code 1701 12 10 under the
scheme of exemption from import levies provided for in
Article 3 of Regulation (EEC) No 1600/92 or Article 3 of
Regulation (EEC) No 1601/92, it shall be regarded asbeing exported to a third country within the meaning of
Article 26 (1) of Regulation (EEC) No 1785/81 and orig-
inating in that third country for the purposes of the ap-
plication of the said scheme.3892/88
1754/93
3892/88
1754/93 - - - deleted
1754/93
2177/92
2670/81 - - - I
22. The quantities of sugar exported in the form of syrups
as referred to under (d) of the first subparagraph of para-
graph 1 must be determined on the basis of their extract-
able sugar content as established in accordance with the
second subparagraph of Article 1 (5) of Regulation (EEC)
No 1443/82.
The provisions of Article 34 of Commission Regulation
(EEC) No 3665/87(9)may not be invoked with regard to
application of this Regulation.
Article 2
1. The proof that the conditions referred to in Article 1
(1) have been complied with by the manufacturer in ques-
tion must be furnished to the competent agency of the
Member State on whose territory the C sugar or C isoglu-
cose was produced and before 1 April following the end of
the marketing year during which it was produced.
However, in special cases, the competent agency of the
Member State in question may allow a longer time limit.
2. Such proof shall be furnished by the production of:
(a) an export licence issued pursuant to Article 3 of Re-
gulation (EEC) No 2630/81 to the manufacturer by
the competent agency of the Member State referred
to in paragraph 1;
However in the case of the second subparagraph ofparagraph 3, this proof shall be replaced by an equi-
valent proof to be determined by the same Member
State;
(b) the documents referred to in Articles 30 and 31 of
Regulation (EEC) No 3183/80 required for the re-
lease of the security;
(c) a statement by the manufacturer to the effect that the
C sugar or C isoglucose was produced by him;
(d) and, in the case referred to in paragraph 3, where the
release from storage takes place:
- - - before the acceptance of the export declaration
referred to in Article 1 (1) (b), a supplementary
proof established by the competent authority of
the Member State where the storage took place,
or
(9)OJ No L 351, 14. 12. 1987, p. 1.3892/88
2670/81
3892/88
2670/81
56/91
2670/81 - - - 3892/88
3892/88
2670/81 - - - I
3- - - after the acceptance of the export declaration re-
ferred to in Article 1 (1) (b), a supplementary
proof within the meaning of Article 31 (2) (a) of
Regulation (EEC) No 3183/80, established by
the customs agency of the Member State where
the storage took place.
The supplementary proof must in the two cases attest
to the release from storage of the product in question
or of the corresponding substituted quantity within
the meaning of paragraph 3.
However, the manufacturer in question may, on export, re-place C sugar by another white
sugar in the natural
state falling within CN code 1701, or replace C isoglucose
by another isoglucose where these have been produced by
another manufacturer established on the territory of the
same Member State. In this event, the manufacturer ma-
king the substitution shall pay, in the case of sugar, anamount of 1 ECU per 100
k i l o g r a m se x p r e s s e da sw h i t e
sugar, and in the case of isoglucose, an amount of 1 ECU
per 100 kilograms of dry matter.
In the case of C sugar, the conversion under a work con-tract of syrups or raw sugar into white sugar for eventual
export shall not be regarded as a substitution within the
meaning of the preceding subparagraph.
3. Where the C sugar or the C isoglucose produced by amanufacturer is stored, with a view to its export, in a silo,
warehouse or tank located in a place outside the factory of
the manufacturer, in the Member State of production or in
another Member State, and in which are stored other su-
gars or isoglucose produced by other manufacturers or by
the manufacturer in question, without it being possible to
distinguish physically between them, all of the sugars or
the isoglucose so stored must be placed under an adminis-
trative control providing equivalent guarantees to those of
customs control until the acceptance of the export declara-
tion referred to in Article 1 (1) (b) and to be kept under
customs control as from the moment of the said accept-
ance. In this case a quantity of sugar or isolgucose pro-
duced in the Community corresponding to the quantity of
C sugar or C isoglucose in question, to be kept in the
same silo, warehouse or tank until the moment of its re-
lease from storage, shall be allowed to be exported in sub-
stitution for that C sugar or that C isoglucose outside of
the customs territory of the Community without giving rise
to payment of the charge referred to in paragraph 2.3892/88
1760/84
2561/85 - - - deleted
1714/88
3559/91
3559/91
2670/81
3892/88
2670/81 - - - I
4Where white C sugar of CN code 1701 99 10 is pre-
pared with a view to its export in immediate packings hav-
ing a net product content not exceeding 1 kilogram and is
enclosed in a parcel containing other food products to be
exported on behalf of the undertaking which produced the
C sugar by a recognized charitable organization, this ope-
ration shall not be considered as substitution within the
meaning of paragraph 2 and shall not give rise to payment
of the amount provided for in the said paragraph.
Article 3
1. The Member State concerned shall impose on the
quantities which, within the meaning of Article 1 (1) have
been disposed of on the internal market, a charge equal to
the sum of:
(a) for C sugar, per 100 kilograms:
- - - the highest import levy per 100 kilograms of
white or raw sugar, as the case may be, appli-
cable during the period comprising the marketing
y e a rd u r i n gw h i c ht h es u g a ri nq u e s t i o nw a sp r o -
duced and the six months following that marke-
ting year, and
--- 1 ECU
(b) for C isoglucose, per 100 kilograms of dry matter:
- - - the highest variable component referred to in
Article 16 (6) of Regulation (EEC) No 1785/81
per 100 kilograms of dry matter applicable du-
ring the period comprising the marketing year
during which the isoglucose in question was pro-
duced and the six months following that marke-
ting year, and
--- 1 ECU
2. The Member State concerned shall, before I May fol-
lowing 1 January referred to in Article 1 (1) (b), notify
those manufacturers who are required to pay the charge
referred to in paragraph 1 of the total amount to be paid.
Such total amount shall be paid by the manufacturers in
question before 20 May of the same year.
3. However, where the competent agency has, pursuant
to the second subparagraph of Article 2 (1), extended the
time limit for furnishing the proof, the dates 1 May and 20
May referred to in paragraph 2 shall be replaced by the
dates determined by the competent agency on the basis of
the extention allowed.56/91 - - - 67/93 - - - deleted
2670/81
3559/91
3559/91
3892/88
2670/81 - - - I
54. In the case of quantities of C sugar or C isoglucose
which prior to export, were destroyed or damaged without
possibility of recovery, in circumstances recognized by the
competent agency of the Member State concerned as a
case of force majeure, the relevant amount referred to in
paragraph 1 shall not be levied.
Article 4
1. The Member State concerned shall, before 15 April
following 1 January referred to in Article 1 (1) (b), notify
those manufacturers who are required to pay the charge
referred to in the second subparagraph of Article 2 (2) of
the total amount to be paid.
2. The total amount shall be paid by the manufacturers
in question before 1 May of the same year.
Article 5
Regulation (EEC) No 2645/70 is hereby repealed.
It shall remain applicable to sugar produced in excess of
the maximum quota for the 1980/81 sugar marketing year.
Article 6
This Regulation shall enter into force on the third day fol-
lowing its publication in the Official Journal of the Euro-
pean Communities.
Article 3 (4) shall apply with effect from 1 July 1979.2670/81
3892/88
2670/81