This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"BCOMMISSION 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 L 262, 16.9.1981, p. 14)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EEC) No 1760/84 of 22 June 1984 L 165 19 23.6.1984
"M2 Commission Regulation (EEC) No 2561/85 of 11 September 1985 L 244 23 12.9.1985
"M3 Commission Regulation (EEC) No 1714/88 of 13 June 1988 L 152 23 18.6.1988
"M4 Commission Regulation (EEC) No 3892/88 of 14 December 1988 L 346 29 15.12.1988
"M5 Commission Regulation (EEC) No 56/91 of 9 January 1991 L 7 25 10.1.1991
"M6 Commission Regulation (EEC) No 3559/91 of 6 December 1991 L 336 26 7.12.1991
"M7 Commission Regulation (EEC) No 2177/92 of 30 July 1992 L 217 71 31.7.1992
"M8 Commission Regulation (EEC) No 67/93 of 15 January 1993 L 10 8 16.1.1993
"M9 Commission Regulation (EEC) No 1754/93 of 30 June 1993 L 161 45 2.7.1993
"M10 Commission Regulation (EC) No 158/96 of 30 January 1996 L 24 3 31.1.19961981R2670 — EN — 03.02.1996 — 002.001 — 1
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
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty 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 provides that C
sugar which is not carried forward to the following marketing year
pursuant to Article 27 of the said Regulation and C isoglucose must be
exported in the natural state without refunds or levies before 1 January
following the end of the marketing year in question; whereas, if part or
all of these quantities are disposed of on the internal 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), as last amended by Regulation (EEC) No 1367/78 (3), and in
Commission Regulation (EEC) No 1700/80 of 30 June 1980 laying down
detailed rules for the application of quotas 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 concerning sugar and
isoglucose, which are both sweeteners and in which there is a single
market; whereas therefore, for reasons of clarity, a new Regulation
should be adopted incorporating the detailed rules concerning C sugar
and C isoglucose;
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 import 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 application of the system of import and export licences and
advance fixing certificates for agricultural products (6), as last 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!B
(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.
(6) OJ No L 338, 13. 12. 1980, p. 1.
(7) OJ No L 259, 12. 9. 1981, p. 10.1981R2670 — EN — 03.02.1996 — 002.001 — 2
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 agricultural products (1), 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; whereas 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 Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
1. The products referred to in Article 26 (1) of Regulation (EEC) No
1785/81 shall be considered to have been exported if:
(a) without prejudice to the other provisions of this Regulation, the
proof referred to in Article 2 is in the possession of the competent
agency of the Member State of production whichever the Member
State of export of the C sugar, C isoglucose or C inulin syrup 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, C isoglucose or C inulin syrup was
produced;
(c) the C sugar, C isoglucose or C inulin syrup or a corresponding
quantity within the meaning of Article 2 (3) has left the customs
territory of the Community not later than 60 days after the 1 January
referred to in point (b);
(d) the product has been exported without either refund or levy as white
sugar or raw sugar that has not been denatured or as syrups obtained
prior to sugar in solid form and falling within CN codes 1702 60 90
and 1702 90 99, such as isoglucose in its natural state or inulin syrup
in its natural state.
Except in cases of force majeure , if any of the conditions provided for in
the first subparagraph are not fulfilled, the quantity of C sugar, C
isoglucose or C inulin syrup concerned shall be considered to have been
disposed of on the internal market.
In cases of force majeure , the competent agency of the Member State on
whose territory the C sugar, C isoglucose or C inulin syrup was produced
shall decide on the necessary measures on the basis of the circumstances
cited by the party concerned.!B
(1) OJ No L 317, 12. 12. 1979, p. 1.!M4
!M101981R2670 — EN — 03.02.1996 — 002.001 — 3
Where the C sugar, C isoglucose or C inulin syrup is exported from the
territory of a Member State other than that in which it has been produced,
those measures shall be taken after receiving the opinion, where
appropriate, of the competent authorities of that Member State.
1a. Notwithstanding paragraph 1 (a), (b) and (d), where C sugar is
improted (SIC! imported) into the Canary Islands 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 as being exported to a third country within
the meaning of Article 26 (1) of Regulation (EEC) No 1785/81 and
originating in that third country for the purposes of the application of the
said scheme.
2. The quantities of sugar exported in the form of syrups as referred to
under (d) of the first subparagraph of paragraph 1 must be determined on
the basis of their extractable 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 (1) 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
fulfilled by the manufacturer concerned shall be submitted to the
competent agency of the Member State on whose territory the C sugar, C
isoglucose or C inulin syrup was produced before 1 April following the
end of the marketing year in 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 Regulation (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 of paragraph 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 "M4Articles 30 and 31 3of
Regulation (EEC) No 3183/80 required for the release of the
security;
(c) a statement by the manufacturer to the effect that the C sugar, C
isoglucose or C inulin syrup 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!M10
(1) OJ No L 351, 14. 12. 1987, p. 1.!M4
!B
!M10
!M4
!B
!M5
!B
!M10
!M41981R2670 — EN — 03.02.1996 — 002.001 — 4
competent authority of the Member State where the storage took
place,
or
— after the acceptance of the export declaration referred 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.
For the purpose of export the manufacturer in question may, however,
replace C sugar by another white sugar in its natural state falling within
CN code 1701, or C isoglucose by another isoglucose with the same
fructose content, produced by another manufacturer established on the
territory of the same Member State.
In the case of C sugar, the conversion under a work contract 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, C isoglucose or C inulin syrup produced by a
manufacturer 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, in which are
stored other sugars or isoglucose or inulin syrups produced by other
manufacturers or by the manufacturer in question, without it being
possible to distinguish physically between them, all of the sugars,
isoglucose or inulin syrups so stored must be placed under an
administrative control providing equivalent guarantees to those of
customs control until the acceptance of the export declaration referred
to in Article 1 (1) (b) and be kept under customs control as from the
moment of the said acceptance. In this case a quantity of sugar,
isoglucose or inulin syrup produced in the Community corresponding to
the quantity of C sugar, C isoglucose or C inulin syrup in question, to be
kept in the same silo, warehouse or tank until the moment of its release
from storage, shall be allowed to be exported in substitution for that C
sugar, C isoglucose or C inulin syrup outside the customs territory of the
Community.
Where white C sugar of CN code 1701 99 10 is prepared with a view to
its export in immediate packings having a net product content not
exceeding one 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 may be considered a
substitution within the meaning of paragraph 2.
Article 3
1. The Member State concerned shall levy on quantities which, within
the meaning of Article 1 (1), have been disposed of on the internal
market, a charge for C sugar per 100 kilograms of white or raw sugar as
appropriate, for C isoglucose per 100 kilograms of dry matter, and for C
inulin syrup per 100 kilograms of dry matter expressed in sugar or
isoglucose equivalent, equal to the sum of:
— the highest import charges applicable to the product concerned
during the period comprising the marketing year during which the C
sugar, C isoglucose or C inulin syrup concerned was produced and
the six months following that marketing year
and
— ECU 1,21.!M4
!M10
!B
!M10
!B
!M101981R2670 — EN — 03.02.1996 — 002.001 — 5
!M4
2. The Member State concerned shall, before I May following 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.
4. In the case of quantities of C sugar, C isoglucose or C inulin syrup
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 following its
publication in the Official Journal of the European Communities .
Article 3 (4) shall apply with effect from 1 July 1979.!M10
!M4
!B1981R2670 — EN — 03.02.1996 — 002.001 — 6