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"BCOMMISSION REGULATION (EEC) No 65/82
of 13 January 1982
laying down detailed rules for carrying forward sugar to the following marketing year
(OJ L 9, 14.1.1982, p. 14)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EEC) No 948/82 of 26 April 1982 L 113 7 27.4.1982
"M2 Commission Regulation (EEC) No 1708/84 of 19 June 1984 L 162 7 20.6.1984
"M3 Commission Regulation (EC) No 260/96 of 12 February 1996 L 34 16 13.2.1996
"M4 Commission Regulation (EC) No 2223/2000 of 6 October 2000 L 253 15 7.10.2000
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).1982R0065 — EN — 10.10.2000 — 002.001 — 1
COMMISSION REGULATION (EEC) No 65/82
of 13 January 1982
laying down detailed rules for carrying forward sugar to the
following marketing year
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 Articles 27 (3), 32 (3) and 48 thereof,
Whereas Article 27 of Regulation (EEC) No 1785/81 provides that each
undertaking shall be free to decide to carry forward the whole or part of
its sugar production outside its A quota to the next marketing year to be
treated as part of that year’ s production; whereas, in view of the
possibility that a sugar-producing undertaking might decide to carry
forward the whole of its production outside its A quota, the beet
producers concerned should be closely involved in that decision by
means of an inter-trade agreement, covering this point, within the
meaning 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 (2), as last amended by the Act of Accession of
Greece; whereas relations between the cane sugar manufacturers and the
cane producers in the French overseas departments are the concern of the
joint committee of the factory concerned; whereas, therefore, the prior
assent of that committee is necessary for the carry-forward of cane sugar;
Whereas the concept of carrying forward can apply only to sugar which
has in fact been produced; whereas it is therefore appropriate to provide
that an undertaking may take a decision to carry forward only in respect
of that sugar outside its quota A whose production has been verified by
the Member State concerned and to establish the rules for such
verification, in particular as regards the information to be supplied for
this purpose by the undertaking;
Whereas the second subparagraph of Article 27 (3) of Regulation (EEC)
No 1785/81 provides for a charge to be levied on any sugar carried
forward which is disposed of during the obligatory storage period of 12
consecutive months; whereas, in addition, the disposal of such sugar
during that period justifies, as in the case of all other sugar disposed of,
the levying of an additional amount equal to the storage levy referred to
under (a) of the third subparagraph of Article 8 (2) of Regulation (EEC)
No 1785/81;
Whereas the present Regulation is intended to replace Commission
Regulation (EEC) No 103/69 of 20 January 1969 laying down detailed
rules for carrying forward part of one year’ s sugar production to the
following marketing year (3), as amended by Regulation (EEC) No
144/69 (4);
Whereas beet producers in Greece do not yet have specific trade
organizations to represent them; whereas, therefore, a transitional
measure should be provided for carrying forward sugar from the 1981/82
marketing year,
Whereas the Management Committee for Sugar has not delivered an
opinion within the period set by its chairman,!B
(1) OJ No L 177, 1. 7. 1981, p. 4.
(2) OJ No L 47, 23. 2. 1968, p. 1.
(3) OJ No L 14, 21. 1. 1969, p. 9.
(4) OJ No L 20, 27. 1. 1969, p. 6.1982R0065 — EN — 10.10.2000 — 002.001 — 2
HAS ADOPTED THIS REGULATION:
Article 1
1. An undertaking may carry forward a quantity of beet sugar to the
following marketing year pursuant to Article 27 of Regulation (EEC) No
1785/81 only if provision for this has been made in an inter-trade
agreement within the meaning of Article 1 of Regulation (EEC) No
206/68.
For the purposes of carrying forward beet sugar to the following
marketing year the agreement referred to in the first subparagraph shall
contain provisions concerning the quantity of beet corresponding to the
quantity of sugar to be carried forward and the distribution of that
quantity of beet among the beet producers concerned.
2. An undertaking may carry forward a quantity of cane sugar to the
following marketing year pursuant to Article 27 of Regulation (EEC) No
1785/81 only if this has been approved by the joint committee of the
factory concerned.
Article 2
1. An undertaking may decide to carry forward sugar only if the
Member State concerned verifies that such sugar was produced as B
sugar or as C sugar.
In the case of the carry-forward referred to in the first subparagraph of
Article 32(1) of Regulation (EC) No 2038/1999, this decision by the
undertaking may apply only up to a maximum quantity not exceeding
20 % of its A quota applicable in the marketing year during which the
sugar in question was produced.
However, undertakings which decided during the 1981/82 marketing year
to carry forward to the1982/83 marketing year a quantity exceeding the
limit referred to in the second subparagraph may decide to carry forward
to the 1983/84 marketing year a maximum quantity equal to that
quantity.
For sugar carried forward the storage period referred to in Article 27 (2)
of Regulation (EEC) No 1785/81 shall begin on the date notified by the
undertaking to the competent body in the Member State concerned,
provided that the conditions laid down in the first subparagraph have
been complied with. The date may not, however, precede that on which
the said body receives the notification. If the date stated in the
application precedes that on which the notification is received, the
storage period shall begin on the day on which the notification is
received.
2. For the purposes of the verification referred to in paragraph 1 the
Member State shall:
(a) add the quantities of sugar already carried forward from the
preceding marketing year to the quantities of sugar produced during
the current marketing year up to the date of the relevant decision to
carry forward; and
(b) subtract from the total referred to under (a) any quantities of C sugar
exported before the date of the relevant decision to carry forward and
any quantities subject to a decision to carry forward taken during the
current marketing year.
3. The quantities of sugar carried forward shall be regarded as the first
A sugar to have been produced during the marketing year to which they
were carried forward.!B
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!M11982R0065 — EN — 10.10.2000 — 002.001 — 3
4. Where a Member State takes action under Article 2 (6) of Council
Regulation (EEC) No 193/82 (1) it may, in order to achieve the objective
referred to in that paragraph, provide that the limit laid down in the
second subparagraph of paragraph 1 shall not apply to the sugar-produc-
ing undertaking during the marketing year or years for which a part of its
quotas has been reallocated to one or more other sugar-producing
undertakings.
Moreover, if the sugar-producing undertaking, a part of whose quotas has
been reallocated to one or more other sugar-producing undertakings with
effect from a given marketing year pursuant to Article 2 (6) of
Regulation (EEC) No 193/82, decided before such reallocation to carry
forward a quantity of sugar to the same marketing year, that decision
shall be regarded as having been taken by the sugar-producing
undertaking or undertakings benefiting from the reallocation of the
quotas to the extent of such reallocated quotas.
Article 3
1. Subject to paragraph 3, and in respect of the beet which was
processed into the sugar carried forward, the undertaking concerned shall
pay a price at least equal to the minimum price for A beet in force on the
date of expiry of the obligatory storage period of the sugar in question.
This price shall be adjusted by increases or reductions corresponding to
the differences in quality from the standard quality.
2. Where an undertaking has taken a decision to carry forward but has
not, in respect of the beet processed into the sugar carried forward, made
a provisional payment corresponding to the minimum price for A beet in
force during the marketing year in which it was produced, that
undertaking shall be bound to apportion with the beet producer the
storage reimbursement for the period referred to in Article 27 of
Regulation (EEC) No 1785/81.
For the purposes of this apportionment regard shall be had to the
following:
(a) the financing costs taken into account in fixing the amount of the
relevant storage reimbursement referred to in Article 8 of Regulation
(EEC) No 1785/81;
(b) the percentage referred to in Article 29 (2) of that Regulation;(c) the yield referred to in Article 4 (2) of that Regulation.3. With the agreement of the Member State concerned, a derogation
from the provisions of paragraph 1 may be made under an inter-trade
agreement.
Where Article 30 (3) of Regulation (EEC) No 1785/81 is applied a
derogation from paragraph 1 may not result in the total receipts of any
beet producer being less than those resulting from the application of
Articles 6 and 32 of that Regulation.
Article 4
The notification referred to in Article 27 (2) of Regulation (EEC) No
1785/81 shall include:
(a) a declaration by the undertaking concerned that the sugar to be
carried forward is B sugar or C sugar and will be stored within the
meaning of the said Article 27 for the period beginning on the date
referred to under (c);
(b) the quantity, expressed as white sugar, of B or C sugar to be carried
forward, allocated as appropriate between:
— the carry-forward under the first subparagraph of Article 32(1)
of Regulation (EC) No 2038/1999,!M1
(1) OJ No L 21, 29. 1. 1982, p. 3.!M41982R0065 — EN — 10.10.2000 — 002.001 — 4
— the carry-forward under the second subparagraph of Article
32(1) of Regulation (EC) No 2038/1999;
(c) the date on which the obligatory storage period begins;
(d) the information necessary for the verification referred to in Article 2
of this Regulation.
Member States may require additional information.
Article 5
1. With the exception of cases of force majeure recognized by the
Member State concerned, and without prejudice to the application of
Article 2 (3), Member States shall levy an amount of "M324,153
ECU per l00 kilograms of the quantity of sugar carried forward in respect
of which undertakings have not complied with the storage obligation
referred to in Article 27 (2) of Regulation (EEC) No 1785/81. On the
quantity of sugar referred to in the first subparagraph, Member States
shall also levy an amount equal to the storage levy referred to under (a)
of the third subparagraph of Article 8 (2) of Regulation (EEC) No
1785/81 in force at the time when the sugar was disposed of.
2. Member States shall take the steps necessary for the application of
this Article, particularly in cases where force majeure is claimed by the
undertaking concerned.
Where the Member State concerned recognizes a case of force majeure,
quantities of B sugar or C sugar carried forward which have been
destroyed or irretrievably damaged shall, on application by the under-
taking concerned, be regarded as not having been carried forward. In
respect of any C sugar so regarded, the Member State shall require
repayment of amounts already paid as reimbursement of storage costs.
Article 6
Regulation (EEC) No 103/69 is hereby repealed.
Article 7
This Regulation shall enter into force on the day following its publication
in the Official journal of the European Communities .
The provisions of Article 1 (1) shall not apply in Greece in respect of
sugar carried forward from the 1981/82 marketing year to the 1982/83
marketing year.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!M4
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!B1982R0065 — EN — 10.10.2000 — 002.001 — 5