1996R0779 — EN — 19.06.2002 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No779/96
of29April1996
layingdowndetailedrulesfortheapplicationofCouncilRegulation(EEC)No1785/81asregards
communicationsinthesugarsector
(OJ L 106, 30.4.1996, p. 9)
Amended by:
Official Journal
No page date
►M1Commission ►C1Regulation (EC) No No 996/2002 ◄of 11 June
2002L 152 11 12.6.2002
Corrected by:
►C1Corrigendum, OJ L 153, 13.6.2002, p. 17 (996/2002)
▼B
COMMISSIONREGULATION(EC)No779/96
of29April1996
laying down detailed rules for the application of Council Regula-
tion (EEC) No 1785/81 as regards communications in the sugar
sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European 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)
as last amended by Regulation (EC) No 1101/95(2), and in particular
Article 39 thereof,
Whereas Article 39 of Regulation (EEC) No 1785/81 requires the
Member States and the Commission to communicate to each other the
information necessary for the implementation of that Regulation;
whereas implementing rules were laid down by Commission Regula-tion (EEC) No 787/83 of 29 March1983 on communications in th esugar sector(
3), as last amended by Regulation (EEC) No 3819/85(4);
whereas, as a result of developments since then in the organization ofthe markets in the sugar sector, and in particular the commitments
entered into by the Community under the Agreement on Agriculture
concluded during the Uruguay Round of multilateral trade negotiations,those rules should be reviewed and new ones added and hence Regula-tion (EEC) No 787/83 should be repealed with effect from the start ofthe 1996/97 marketing year;
Whereas, if the situation with regard to sugar bought in or sold under
the intervention measures provided for in Regulation (EEC) No 1785/81 is to be correctly assessed, relevant information must be availableand in particular information on changes in the quantities held by inter-
vention agencies and on the distribution of such quantities among
warehouses approved pursuant to Article 1 (2) of Council Regulation(EEC) No 447/68 of 9 April 1968 laying down general rules for inter-vention buying of sugar(
5), as last amended by Regulation (EEC)
No 1359/77(6); whereas, if a close watch is to be kept on the imple-
mentation of the intervention system, it is also essential that
information should be regularly made available on the quantities of
sugar rendered unfit for human consumption and on the quantitiesused for the manufacture of certain chemical products, with an indica-tion of the quantities of sugar which have been either denatured inaccordance with one of the processes set out in the Annex to Commis-
sion Regulation (EEC) No 100/72 of 14 January 1972 laying down
detailed rules for the denaturing of sugar for animal feed(
7), as last
amended by Regulation (EC) No 260/96(8), or used in the manufacture
of the chemical products listed in the Annex to Council Regulation(EEC) No 1010/86 of 25 March1986 laying down general rules forthe production refund on certain sugar products used in the chemical
industry(
9), as last amended by Regulation (EC) No 1101/95, and those
listed in the Annex to Commission Regulation (EEC) No 1729/78 of 24July 1978 laying down detailed rules of application in respect of theproduction refund for sugar used in the chemical industry(
10), as last
amended by Regulation (EC) No 260/96;
Whereas the accurate and regular monitoring of trade with third coun-
tries is the only way to monitor developments closely in the light of the1996R0779 — EN — 19.06.2002 — 001.001 — 2
(1) OJ No L 177, 1. 7. 1981, p. 4.
(2) OJ No L 110, 17. 5. 1995, p. 1.
(3) OJ No L 88, 6. 4. 1983, p. 6.
(4) OJ No L 368, 31. 12. 1985, p. 25.
(5) OJ No L 91, 12. 4. 1968, p. 5.
(6) OJ No L 156, 25. 6. 1977, p. 7.
(7) OJ No L 12, 15. 1. 1972, p. 15.
(8) OJ No L 34, 13. 2. 1996, p. 16.
(9) OJ No L 94, 9. 4. 1986, p. 9.
(10) OJ No L 201, 25. 7. 1978, p. 26.
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constraints arising from the Community's commitments under the
aforementioned Agreement on Agriculture and to take, as appropriate,the measures required, in particular for the application of Article 23
(4a) of Regulation (EEC) No 1785/81, and those arising from the
Community's commitments under the International Sugar Agreement;whereas the Commission should therefore receive on a regular basisthe relevant information not only on imports and exports of productsfor which levies or refunds have been fixed, in respect of which opera-
tions licences are issued in particular under Commission Regulation
(EC) No 1464/95 of 27 June 1995 on special detailed rules for applica-tion of the system of import and export licences in the sugar sector(
1),
as amended by Regulation (EC) No 2136/95(2), regard being had to the
more general provisions of Commission Regulation (EEC) No 3719/88(
3), as last amended by Regulation (EC) No 2137/95(4), and
Commission Regulation (EEC) No 3665/87(5), as last amended by
Regulation (EC) No 1384/95(6), but also on imports and exports of
products exported without refund, with or without a licence, and inparticular those covered by inward processing arrangements; whereasit should also be possible to monitor imports of preferential sugar to
ensure the effective implementation of Commission Regulation (EEC)
No 2782/76 of 17 November 1976 laying down detailed implementingrules for the importation of preferential sugar(
7), as last amended by
Regulation (EEC) No 1714/88(8);
Whereas the effective administration of the quota system defined in
Title III of Regulation (EEC) No 1785/81, particularly in view of theCommunity's commitments under the aforementioned Agreement onAgriculture, calls for an awareness of all the relevant factors; whereasthis entails the application 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(
9), as last amended by
the Act of Accession of Austria, Finland and Sweden, Council Regula-tion (EEC) No 193/82 of 26 January 1982 laying down general rulesfor transfers of quotas in the sugar sector(
10), Commission Regulation
(EEC) No 2670/81 of 14 September 1981 laying down detailed imple-
menting rules in respect of sugar production in excess of the quota(11),
as last amended by Regulation (EC) No 158/96(12), and Commission
Regulation (EEC) No 1443/82 of 8 June 1982 laying down detailedrules for the application of the quota system in the sugar sector(
13), as
last amended by Regulation (EC) No 392/94(14); whereas the above
also applies to the equalization system for storage costs laid down by
Article 8 of Regulation (EEC) No 1785/81; whereas this refers to theapplication of Council Regulation (EEC) No 1358/77 of 20 June 1977laying down general rules for offsetting storage costs for sugar andrepealing Regulation (EEC) No 750/68(
15), as last amended by Regula-
tion (EEC) No 3042/78(16), and Commission Regulation (EEC)
No 1998/78 of 18 August 1978 laying down detailed rules for theoffsetting of storage costs for sugar(
17), as last amended by Regulation
(EEC) No 1758/93(18);1996R0779 — EN — 19.06.2002 — 001.001 — 3
(1) OJ No L 144, 28. 6. 1995, p. 14.
(2) OJ No L 214, 8. 9. 1995, p. 19.
(3) OJ No L 331, 2. 12. 1988, p. 1.
(4) OJ No L 214, 8. 9. 1995, p. 21.
(5) OJ No L 351, 14. 12. 1987, p. 1.
(6) OJ No L 134, 20. 6. 1995, p. 14.
(7) OJ No L 318, 18. 11. 1976, p. 13.
(8) OJ No L 152, 18. 6. 1988, p. 23.
(9) OJ No L 47, 23. 2. 1968, p. 1.
(10) OJ No L 21, 29. 1. 1982, p. 3.
(11) OJ No L 262, 16. 9. 1981, p. 14.
(12) OJ No L 24, 31. 1. 1996, p. 3.
(13) OJ No L 158, 9. 6. 1982, p. 17.
(14) OJ No L 53, 24. 2. 1994, p. 7.
(15) OJ No L 156, 25. 6. 1977, p. 4.
(16) OJ No L 361, 23. 12. 1978, p. 8.
(17) OJ No L 231, 23. 8. 1978, p. 5.
(18) OJ No L 161, 2. 7. 1993, p. 58.
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Whereas the persons concerned must have the assurance that the infor-
mation on every undertaking will be treated as confidential;
Whereas the measures provided for in this Regulation are in accor-
dance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
CHAPTER I
Intervention
Article 1
Withregard to intervention measures taken pursuant to Articles 9 (1)
and 11 (1) of Regulation (EEC) No 1785/81, eachMember State sh all
notify to the Commission each week in respect of the preceding week:
(a) the tel quelquantities of white sugar and raw sugar offered to, but
not yet taken over by, the intervention agency;
(b) the tel quelquantities of white sugar and raw sugar taken over by
the intervention agency;
(c) the tel quelquantities of white sugar and raw sugar sold by the
intervention agency.
Article 2
At the Commission's request each Member State shall supply it with a
list of the tel quelquantities of white sugar and raw sugar taken over
by the intervention agency, and their distribution among approvedwarehouses.
Article 3
Withregard to th e intervention measures taken pursuant to Article 9
(2) of Regulation (EEC) No 1785/81, eachMember State sh all notify
the Commission:
1. each week in respect of the preceding week, the tel quelquantities
of white sugar and raw sugar for which a denaturing premium certi-ficate has been issued;
2. at the Commission's request, in respect of a given period, the quan-
tities of white sugar and raw sugar which have been denatured,
indicating which of the processess set out in the Annex to Regula-
tion (EEC) No 100/72 was used.
Article 4
Withregard to intervention measures taken pursuant to Article 9 (3) of
Regulation (EEC) No 1785/81, each Member State shall notify to theCommission:
1. not later than the end of each calendar month in respect of the
preceeding calendar month, the quantities of white sugar, of rawsugar, syrups expressed as white sugar and isoglucose expressed asdry matter, for which:
(a) a production refund certification has actually been issued;
(b) a production refund has been paid;
2. not later than the end of September each year in respect of the
preceding marketing year, the quantities of white sugar, the quanti-
ties of raw sugar and syrups expressed as white sugar and the
quantities of isoglucose expressed as dry matter, broken downbetween the products listed in the Annex to Regulation (EEC)No 1010/86, for which:
(a) a production refund certificate has actually been issued;
(b) a production refund has been paid;1996R0779 — EN — 19.06.2002 — 001.001 — 4
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3. not later than the end of September each year in respect of the
preceding marketing year, the quantities of the basic productsreferred to in point 2 used for the manufacture of the intermediate
products referred to in the Annex to Regulation (EEC) No 1729/78.
CHAPTER II
Trade
Article 5
With regard to exports to third countries, each Member State shall
notify to the Commission:
1. eachweek, in respect of th e preceding week:
(a) the quantities for which licences have actually been issued with
the amounts of export refunds fixed pursuant to point (a) of thesecond subparagraphof Article 17 (5) of Regulation (EEC)
No 1785/81 broken down between:
— white sugar falling within CN codes 1701 9100, 1701 99 10
and 1701 9990,
—tel quelraw sugar falling within CN codes 1701 11 90 and
1701 12 90,
— sucrose syrups, expressed as white sugar, falling within CN
codes 1702 6090, 1702 9060, 1702 9071, 1702 9099 and2106 90 59,
— isoglucose, expressed as dry matter, falling within CN codes
1702 40 10, 1702 6010, 1702 90 30 and 2106 90 30,
— inulin syrup, expressed as dry matter equivalent sugar/isoglu-
cose, falling within CN code ex 1702 60 90;
(b) the quantities of white sugar falling within CN code 1701 99 10
for which a licence has actually been issued with the amounts ofexport refunds fixed pursuant to point (b) of the second subpar-agraphof Article 17 (5) of Regulation (EEC) No 1785/81;
(c) the quantities of C white sugar, C raw sugar, C isoglucose and C
inulin syrup, expressed as appropriate as white sugar, as dry
matter or as dry matter equivalent sugar/isoglucose, for which
an export licence has actually been issued;
(d) the quantities, with the corresponding amounts of export refunds
fixed pursuant to point (a) of the second subparagraph of Article17 (5) of Regulation (EEC) No 1785/81, of white sugar, thequantities of raw sugar and sucrose syrup, expressed as whitesugar, and the quantities of isoglucose, expressed as dry matter,for which an export licence has actually been issued with a view
to export in the form of the products referred to in point (b) of
Article 1 (1) of Regulation (EEC) No 426/86(
1);
2. not later than the end of each calendar month, in respect of the
preceding calendar month the quantities of white sugar referred toin (b) of point 1 exported pursuant to Article 8 (4) and (5) of Regu-lation (EEC) No 3719/88;
3. for each calendar month, and not later than the end of the third
calendar monthfollowing th e calendar monthin question:
(a) the quantities with the corresponding amounts of export refunds
of sugar and syrup, expressed as white sugar, referred to in
Article 2 of Regulation (EC) No 1464/95 exported withoutfurther processing and without an export licence;
(b) the quantities of sugar covered by quotas exported as white
sugar or in the form of processed products, expressed as whitesugar, for which an export licence has been issued for the imple-mentation of Community and national food aid underinternational conventions or other complementary programmes1996R0779 — EN — 19.06.2002 — 001.001 — 5
(1) OJ No L 49, 27. 2. 1986, p. 1.
▼B
and for the implementation of other Community measures for
the free supply of food;
(c) in the case of the exports referred to in the second paragraph of
Article 2a of Regulation (EEC) No 3665/87, the quantities of
sugar and sucrose syrups, expressed as white sugar, and of
isoglucose, expressed as dry matter, exported without furtherprocessing, together with the amounts of the correspondingrefunds;
(d) the quantities, with the corresponding amounts of export refunds
fixed pursuant to point (a) of the second subparagraph of Article17 (5) of Regulation (EEC) No 1785/81, of white sugar, the
quantities of raw sugar and sucrose syrup, expressed as white
sugar, and the quantities of isoglucose, expressed as dry matter,exported in the form of the products referred to in Annex I toCouncil Regulation (EEC) No 804/68(
1) and in the form of the
products referred to in the Annex to Commission Regulation(EC) No 1222/94(
2);
(e) in the case of the exports referred to in point (1) (d) and in (d)
of this point, the quantities exported without refunds.
The notifications referred to in points (d) and (e) shall be supplied
separately to the Commission for each Regulation applicable to the
processed product in question.
Article 6
Each Member State shall notify to the Commission:
1. each week in respect of the previous week, the tel quelquantities of
white sugar and raw sugar other than preferential sugar, or sugar
syrups, of isoglucose and inulin syrup for which an import licence
has actually been issued;
2. for each quarter and not later than the end of the third calendar
month following the quarter in question, the quantities of sugarexpressed as white sugar:
(a) imported from third countries as processed products referred to
in points 1 (d) and 3 (d) of Article 5;
(b) imported from or exported to other Member States either unpro-
cessed or as processed products.
Article 7
Each Member State shall notify the Commission:
1. each week in respect of the previous week, of the quantities of white
sugar and tel quelraw sugar for which an import or export licence
has been issued pursuant to Article 10 of Regulation (EC) No 1464/
95;
2. for each quarter and, separately not later than the end of the second
calendar month following the quarter in question, of the quantitiesof sugar imported from third countries and exported as compen-sating products under the inward processing arrangements definedin Article 116 of Council Regulation (EEC) No 2913/92(
3).1996R0779 — EN — 19.06.2002 — 001.001 — 6
(1) OJ No L 148, 28. 6. 1968, p. 13.
(2) OJ No L 136, 31. 5. 1994, p. 5.
(3) OJ No L 302, 19. 10. 1992, p. 1.
▼B
CHAPTER III
Preferential imports
Article 8
1. With regard to imports of preferential sugar within the meaning
of Article 35 of Regulation (EC) No 1260/2001, eachMember Stateshall:
(1) notify to the Commission not later than the end of each calendar
month in respect of the preceding calendar month, the tel quel
quantities of sugar, broken down by Member State of origin, for
which licences have been issued in accordance with Regulation
(EEC) No 2782/76;
(2) forward to the Commission, no later than the end of each calendar
month in respect of the preceding calendar month:
(a) copies of the relevant EUR 1 movement certificates;
(b) copies of the vouchers referred to in Article 7(2) of Regulation
(EEC) No 2782/76;
(c) where appropriate, copies of the declaration referred to in the
second subparagraphof Article 1(3) of Regulation (EEC) No2782/76.
The documents referred to at (a) and (b) shall include, in addition
to the information listed in Articles 6 and 7 of Regulation (EEC)No 2782/76, the degree of polarisation, calculated to six decimalplaces, of eachquantity imported;
(3) notify to the Commission, no later than the end of October of every
year, the summary list of the licences and vouchers referred to in
Articles 6 and 7 of Regulation (EEC) No 2782/76, showing:
(a) the total quantity of white sugar, in tonnes;
(b) the total quantity of tel quelraw sugar, in tonnes;
(c) the tel quelquantity of raw sugar in tonnes intended for direct
consumption,
actually imported within the meaning of Regulation (EEC) No
2782/76 into the Member State in question during the delivery
period ending on 30 June of the same calendar year.
Separate particulars shall be furnished in respect of each State of
origin.
2. With regard to preferential imports within the meaning of Regula-
tion (EC) No 2007/2000 and Decisions 2001/330/EC and 2001/868/EC,each Member State shall notify the Commission each week in respect
of the previous week of the tel quelquantities of white sugar, raw
sugar, sugar syrup, isoglucose and insulin syrup for which importlicences have actually been issued.
Separate notifications shall be made in respect of the various Regula-
tions and Decisions applicable to the products in question and inrespect of eachMember State of origin.
CHAPTER IV
Productionandconsumption
Article 9
Each Member State shall notify to the Commission:1. before 1 Marcheachyear and in respect of eachsugar-producing
and eachinulin syrup-producing undertaking situated on its territory,the provisional sugar and inulin syrup production for the currentmarketing year, determined in accordance withArticle 3 (1) ofRegulation (EEC) No 1443/82. However, for the French departments1996R0779 — EN — 19.06.2002 — 001.001 — 7
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of Guadeloupe and Martinique, and for Spain as far as cane sugar is
concerned, 1 July shall be substituted for that date;
2. no later than the end of each calendar month in respect of the
preceding calendar month, the isoglucose production, as determined
in accordance withArticle 3 (2) and (2a) of Regulation (EEC)No 1443/82, of every isoglucose-producing undertaking on its terri-tory: the monthly quantities of isoglucose produced under inwardprocessing arrangements shall be notified separately;
3. before 15 September eachyear in respect of every sugar-producing,
isoglucose producing and inulinsyrup producing undertaking situated
on its territory, the final sugar, isoglucose and inulin syrup produc-tion, as determined in accordance withArticle 3 (3) of Regulation(EEC) No 1443/82, for the preceding marketing year.
Article 10
During each calendar month in respect of the previous calendar month,
each Member State shall notify to the Commission:
(a) the quantities of sugar, isoglucose and inulin syrup disposed of on
its territory for consumption;
(b) the quantities of sugar denatured;
(c) the quantities of white sugar and tel quelraw sugar produced in the
Frenchoverseas departments disposed of for direct consumption onits territory.
Such quantities shall be expressed as white sugar, as dry matter or as
equivalent sugar/isoglucose as appropriate.
Article 11
Without prejudice to the second subparagraph of Article 2 (1) of Regu-
lation (EEC) No 2670/81, each Member State shall notify to the
Commission, before 15 Marcheachyear in respect of th e precedingmarketing year, the quantities of C sugar, isoglucose and C inulin syrupwhich are regarded as having been disposed of on the Community'sinternal market the meaning of Article 1 (1) of that Regulation.
Article 12
Each Member State shall notify to the Commission:
1. before the 15th of each month in respect of the preceding calendar
month, the total quantities of B and C sugar, if any, carried forward
pursuant to Article 27 of Regulation (EEC) No 1785/81;
2. before 1 Marcheachyear in respect of th e current marketing year
and for eachsugar-producing undertaking, th e total quantities of Band C sugar carried forward to the following marketing year.
However:— as far as Spanishproduction of beet sugar is concerned, 15 April
shall be substituted for 1 March,
— as far as cane sugar production in the French departments of
Guadeloupe and Martinique and in Spain is concerned, 1 Julyshall be substituted for 1 March.
CHAPTER V
Compensationinrespectofstoragecosts
Article 13
Each Member State shall notify to the Commission:
1. the approvals referred to in Article 2 (1) (c) and (d) of Regulation
(EEC) No 1358/77 and, where relevant, the approvals withdrawnunder Article 1 of Regulation (EEC) No 1998/78;1996R0779 — EN — 19.06.2002 — 001.001 — 8
▼B
2. before the 15th of each month in respect of the last calendar month
but one, using the model form shown in Annex I:
(a) the quantities referred to in Article 4 (2) of Regulation (EEC)
No 1358/77;
(b) the quantities disposed of within the meaning of Article 12 (1)
of Regulation (EEC) No 1998/78.
CHAPTER VI
Supplybalances
Article 14
Each Member State shall notify to the Commission:
1. before 1 September of eachyear in respect of th e previous
marketing year and before 1 January of eachyear in respect of th eprevious production year, using the model form shown in Annex II,the data relating to the supply balance for sugar, isoglucose andinulin syrup for the period in question;
2. before each1 October in respect of th e previous marketing year,
using the model form in Annex III, the data relating to the supplybalance for molasses.
CHAPTER VII
TheInternationalSugarAgreement
Article 15
Each Member State shall notify to the Commission, for each calendar
month and no later than the end of the third calendar month following
the calendar month in question, using the models in Annexes IV and V,the statistics concerning the commitments entered into by the Commu-nity under the International Sugar Agreement.
CHAPTER VIII
General provisions
Article 16
For the purposes of this Regulation:
(a) ‘preceding week’ means the reference period from Thursday to
Wednesday;
(b) ‘preceding quarter’ means the three-month reference period from
July to September, October to December, January to MarchorApril to June, as the case may be;
(c) ‘preceding production year’ means the reference period from 1
October of one calendar year to 30 September of the followingcalendar year.
Article 17
The Commission shall make the information notified to it pursuant to
this Regulation available to the Member States.
Nevertheless, information contained in such notifications which relates
to an individual undertaking, its technical installations and the nature
and volume of its production, or information which would make it
possible to reconstruct such facts, shall be restricted to those personswho, within the Commission, are responsible for the sugar sector.Such information shall not be disclosed to third parties.
Article 18
Regulation (EEC) No 787/83 is hereby repealed.1996R0779 — EN — 19.06.2002 — 001.001 — 9
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The references to Regulation (EEC) No 787/83 shall be construed as
references to this Regulation
Article 19
This Regulation shall enter into force on 1 July 1996.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1996R0779 — EN — 19.06.2002 — 001.001 — 10
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ANNEX I
1996R0779 — EN — 19.06.2002 — 001.001 — 11
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ANNEX II
1996R0779 — EN — 19.06.2002 — 001.001 — 12
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ANNEX III
1996R0779 — EN — 19.06.2002 — 001.001 — 13
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ANNEX IV
1996R0779 — EN — 19.06.2002 — 001.001 — 14
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ANNEX V
1996R0779 — EN — 19.06.2002 — 001.001 — 15