P6_TA(2006)0023
Common organisation of the market in sugar *
European Parliament legislative resolution on the proposal for a Council regulation on the
common organisation of the markets in the sugar sector (COM(2005)0263 — C6-0243/2005 —
2005/0118(CNS))
(Consultation procedure)
The European Parliament ,
— having regard to the Commission proposal to the Council (COM(2005)0263) (1),
— having regard to Articles 36 and 37 of the EC Treaty, pursuant to which the Council consulted Parlia-
ment (C6-0243/2005),
— having regard to Rule 51 of its Rules of Procedure,
— having regard to the report of the Committee on Agriculture and Rural Development and the opinions
of the Committee on Development, the Committee on Budgets, the Committee on Budgetary Controland the Committee on International Trade (A6-0391/2005),
1. Approves the Commission proposal as amended;
2. Records that the appropriations shown in the proposal for a regulation are for guidance only until
such time as an agreement has been reached on the financial perspective for the period covering 2007onwards;
3. Asks the Commission, once the next financial perspective has been adopted, to confirm the amounts
shown in the proposal for a regulation or, where appropriate, to submit the adjusted amounts for theapproval of the European Parliament and the Council, thereby ensuring compatibility with the relevant ceil-ings;
4. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;
5. Considers it unacceptable that the Council should have announced a political agreement on sugar
reform, with far-reaching implications for the future of the industry in many Member States, without firsthaving obtained the opinion of the European Parliament; the Council may never conclude a final political
agreement before consultation of the European Parliament has been completed;
6. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;
7. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substan-
tially;
8. Instructs its President to forward its position to the Council and Commission.24.11.2006 C 287 E/267 Official Journal of the European Union
Thursday, 19 January 2006EN
(1) Not yet published in OJ.
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 1
Recital 2
(2) The sugar market in the Community is based on princi-
ples which for other common market organisations have been
substantially reformed in the past. In order to pursue the
objectives set out in Article 33 of the Treaty, and notably inorder to stabilise the markets and to ensure a fair standard ofliving for the agricultural community within the sugar sector,it is necessary to fundamentally review the common organisa-
tion of the market in the sugar sector.(2) The sugar market in the Community is based on princi-
ples which for other common market organisations have been
reformed in the past. In order to pursue the objectives set out
in Article 33 of the Treaty, and notably in order to stabilisethe markets and to ensure a fair standard of living for the agri-cultural community within the sugar sector, it is necessary tointroduce modifications to the common organisation of the
market in the sugar sector.
Amendment 2
Recital 3 a (new)
(3a) The Community sugar market is likely to be particu-
larly volatile for the first four years of the reform (2006 to2010), whilst the restructuring scheme is put into operation.The reference price system has not been successful in other
agricultural sectors in either stabilising markets or estab-
lishing a floor price on the market. It is therefore necessaryto retain the intervention price system for the four-yearperiod from 2006 to 2010, with provision being made,where necessary, for sugar being bought in by the interven-tion agencies. To this end, intervention prices should be set
for both white and raw sugar at a level that ensures a fair
income for sugar beet and sugar cane producers, whileprotecting the interests of consumers. Such price guaranteesfor sugar in practice also benefit sucrose syrups and isoglu-cose and inuline syrup, the prices of which are dependent on
the price of sugar. As from the marketing year 2010/2011,
a reference price should be established in place of the inter-vention system.
Amendment 3
Recital 5 a (new)
(5a) In order to ensure a fair standard of living for beet
producers, a minimum price should be fixed for quota beet
which takes account of the intervention price for white
sugar and the estimated Community yield of 130 kg ofsugar per tonne of standard quality beet.
Amendment 4
Recital 6 a (new)
(6a) As only a small proportion of the reduction in sugar
prices will be passed on to the European consumer (1,5 %
for white sugar, which accounts for 70 % of sugar produc-
tion; 5 % for raw sugar, which accounts for the remaining30 %), the reference or intervention price and the minimumprice for beet should be established primarily on the basis ofthe trends in quantities produced, imports and consumption,
in such a way as to ensure balance on the Community
market.24.11.2006 C 287 E/268 Official Journal of the European Union
Thursday, 19 January 2006EN
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 5
Recital 7
(7) Specific instruments are needed to ensure a fair balance
of rights and obligations between sugar undertakings and
sugar beet growers. Therefore, standard provisions should belaid down to govern the contractual relations between buyersand sellers of sugar beet. The diversity of natural, economic
and technical situations makes it difficult to provide for
uniform purchase terms for sugar beet throughout the Com-
munity. Agreements within the trade already exist betweenassociations of sugar beet growers and sugar undertakings.Therefore, framework provisions should only define the
minimum guarantees required by both sugar beet growersand the sugar industry to ensure a smooth functioning of
the sugar market with the possibility to derogate from some
rules in the context of an agreement within the trade.(7) Specific instruments are needed to ensure a fair balance
of rights and obligations between sugar undertakings and
sugar beet growers. Therefore, standard provisions should belaid down to govern the contractual relations between buyersand sellers of sugar beet. If specific economic difficulties arise
for which the framework provisions cannot provide a valid
solution, it should be possible for agreements within the
trade to introduce, following consultation of the Commis-sion's services, derogations from certain rules provided theyare proportionate and of limited duration .
Amendment 6
Recital 8
(8) The reasons which in the past led the Community to
adopt a production quota system for sugar, isoglucose andinuline syrup still remain valid. However, due to developmentswithin the Community and internationally, it is necessary toadjust the production system in order to provide for new
arrangements and reductions of the quotas . In line with the
previous quota system, a Member State should allocate quotasto the undertakings established within its territory. The newcommon organisation of the markets in the sugar sectorshould maintain the legal status of the quotas in so far as,according to the case-law of the Court of Justice, the system
of quotas constitutes a mechanism for regulating the market
in the sugar sector which aims to ensure the attainment ofpublic interest objectives.(8) The reasons which in the past led the Community to
adopt a production quota system for sugar, isoglucose andinuline syrup still remain valid. However, due to developmentswithin the Community and internationally, it is necessary toadjust the production system , in particular the quotas, with a
view to ensuring balance on the markets in the sugar sector .
In line with the previous quota system, a Member State shouldallocate quotas to the undertakings established within its terri-tory. The new common organisation of the markets in thesugar sector should maintain the legal status of the quotas inso far as, according to the case-law of the Court of Justice, the
system of quotas constitutes a mechanism for regulating the
market in the sugar sector which aims to ensure the attain-ment of public interest objectives.
Amendment 7
Recital 8 a (new)
(8a) The introduction by the European Union in 2000 of
a regime based on unlimited zero-duty access to sugar fromthe Balkan countries resulted in an unprecedented rise inimports, due, in particular, to irregular trade practices which
remained undetected for a considerable time. The return to
controlled imports in 2005 has made it possible to blockillegal imports of sugar into the Community and to ensurebalance on the internal market.24.11.2006 C 287 E/269 Official Journal of the European Union
Thursday, 19 January 2006EN
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 8
Recital 8 b (new)
(8b) There are objective risks that the irregular trade
practices that developed following the opening-up of theCommunity market to zero-duty, quota-free sugar importsfrom the Balkan countries could reappear with the full entryinto force of the ‘Everything But Arms’ initiative for the
least developed countries (LDCs). If the Community is to
adapt its production quotas in an effective and rationalfashion, it will need suitable regulatory instruments, whichenable it to keep control over the supply of sugar on itsmarket and to eliminate all irregular trade practices, given
that the latter disturb the market and unbalance the
Community's production system. Developing countries willalso require substantial assistance so that they can guardagainst these practices and take full advantage of the‘Everything But Arms’ initiative.
Amendment 9
Recital 8 c (new)
(8c) In the case of the ‘Everything But Arms’ initiative,
under which the LDCs will be able to import sugar free oftariffs and quotas, there is some risk of three-way trading,which would be virtually impossible to detect under reason-able financial conditions and which could potentially under-
mine the stability of the Community market. This three-way
trading might also threaten development itself in the LDCs,since it would benefit only the major international operators,whilst having no positive effect on the local communitiesdependent on sugar production. Given that many developing
countries are in fact dependent on sugar under purely
export-oriented production regimes, it is crucial to ensurethat the threat of three-way trading does not hinder devel-oping countries' access to EU markets.
Amendment 10
Recital 9
(9) Following the recent decisions on export subsidies of
the World Trade Organisation Panel and the Appellate Bodyon EU export subsidies for sugar and in order for Com-munity operators to ensure a smooth change-over from theprevious quota system to the present system, it should bepossible during the marketing year 2006/2007 for sugar
undertakings that produced C sugar in the marketing year
2004/2005 to be allocated an additional quota under condi-tions that take the lower value of C sugar into account.deleted24.11.2006 C 287 E/270 Official Journal of the European Union
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TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 11
Recital 9 a (new)
(9a) The depletion of oil resources worldwide has led to
an unprecedented rise in the price of crude oil. In this
climate, alcohol production in the sugar sector is a majorasset for the development of alternative energies. Given theimpact of the reform of the common organisation ofmarkets at production level, it is important to anticipate and
reinforce these trends by opening up prospects for the sugar
sector and clearly including the bioethanol outlet withinproduction outside the quota.
Amendment 78
Recital 9 b (new)
(9b) The EU should seek to abolish export subsidies as
soon as possible, and at the latest by 2013.
Amendment 12
Recital 10 a (new)
(10b) Undertakings that are allocated an additional
isoglucose quota should agree in advance to renounce thesubsidy provided for under the temporary scheme for therestructuring of the sugar industry.
Amendment 13
Recital 11
(11) To ensure that the Community's production of sugar,
isoglucose and inuline syrup is reduced sufficiently, the
Commission should be entitled to adjust the quotas to a
sustainable level after the termination of the restructuring
fund in 2010.(11) To ensure balance on the Community market if the
situation so warrants the Council should be entitled, on aproposal from the Commission and after consulting the
European Parliament, to adjust the quotas for sugar, isoglu-
cose and inuline syrup , and to set them at a sustainable level
after the termination of the restructuring fund in 2010.
Amendment 14
Recital 15 a (new)
(15a) Steps should be taken to ensure that the chemical
and pharmaceutical industries can obtain supplies of sugarat the world market price.24.11.2006 C 287 E/271 Official Journal of the European Union
Thursday, 19 January 2006EN
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 15
Recital 28 a (new)
(28a) The rules of origin should be tightened in order to
prevent the acquisition of origin being determined by therefining process.
Amendment 16
Recital 29
(29) The Community has several preferential market access
arrangements with third countries which allow those countriesto export cane sugar to the Community under favourable
conditions. Therefore, it is necessary to evaluate refiners' need
for sugar for refining and, under certain conditions, to reserveimport licences to full-time refiners in the Community.(29) The Community has several preferential market access
arrangements with third countries which allow those countriesto export cane sugar to the Community under favourable
conditions. Therefore, it is necessary to evaluate refiners' need
for sugar for refining and, under certain conditions, to reserveimport licences to full-time refiners in the Community .
However, as from the marketing year 2009/2010 importlicences should be issued to other sugar factories as well.
Amendment 17
Recital 29 a (new)
(29a) Preferential access by LDCs to EU markets in
respect of sugar products should be temporarily withdrawnin cases where their exports to the EU exceed their domestic
production capacity, without regard to sugar products other-
wise disposed of, primarily through domestic consumptionand exports to third countries. The Commission shouldtherefore receive statistical information from beneficiarycountries about their domestic sugar production and
consumption, as well as their sugar imports and exports.
These statistics should also include sugar in processedproducts.
Amendment 18
Recital 29 b (new)
(29b) Beneficiary countries of the Generalised System of
Preferences should be prohibited from using sugar fromthird countries that do not belong to the group of LDCs forproducts that they intend to sell to the EU under the prefer-ential access scheme.24.11.2006 C 287 E/272 Official Journal of the European Union
Thursday, 19 January 2006EN
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 20
Recital 32
(32) Compliance with the quantity limits should be ensured
by a reliable and effective system of monitoring. To that end,
the granting of export refunds should be made subject to anexport licence. Export refunds should be granted up to thelimits available, depending on the particular situation of eachproduct concerned. Exceptions to that rule should bepermitted only for processed products not listed in Annex I to
the Treaty, to which volume limits do not apply. Provision
should be made for derogating from strict compliance withmanagement rules where exports benefiting from exportrefunds are not likely to exceed the quantity laid down.(32) Compliance with the quantity limits should be ensured
by a reliable and effective system of monitoring. To that end,
the granting of both export refunds and non- quota exports
should be made subject to an export licence. Export refundsshould be granted up to the limits available, depending on theparticular situation of each product concerned. Exceptions tothat rule should be permitted only for processed products not
listed in Annex I to the Treaty, to which volume limits do not
apply. Provision should be made for derogating from strictcompliance with management rules where exports benefitingfrom export refunds are not likely to exceed the quantity laiddown.
Amendment 21
Recital 34
(34) It is appropriate to provide for measures to be taken
when a substantial rise or fall in prices disturbs or threatens to
disturb the Community market. These measures may include
the opening of a quota at reduced tariff for imports of sugarfrom the world market for the time necessary.(34) It is appropriate to provide for measures to be taken
when a substantial rise or fall in prices disturbs or threatens to
disturb the Community market. Should there be a deficit in
Community production, these measures may include the
opening of a quota at reduced tariff for imports of sugar fromthe world market for the time necessary.
Amendment 22
Recital 38
(38) The characteristics of sugar production in the outer-
most regions of the Community distinguish that productionfrom sugar production in the rest of the Community. Financialsupport should therefore be given to the sector by allocating
resources to farmers in those regions after the entry into force
of the support programmes to assist local production whichMember States draw up under Council Regulation (EC) No …/2005 of […] laying down specific measures for agriculture inthe outermost regions of the Union.(38) The characteristics of sugar production in the outer-
most regions of the Community distinguish that productionfrom sugar production in the rest of the Community. Financialsupport should therefore be given to the sector by allocating
resources to farmers in those regions after the entry into force
of the support programmes to assist local production whichMember States draw up under Council Regulation (EC) No …/2005 of […] laying down specific measures for agriculture inthe outermost regions of the Union. Provision should also be
made for specific aid schemes for Community areas and
regions facing economic and social hardship .24.11.2006 C 287 E/273 Official Journal of the European Union
Thursday, 19 January 2006EN
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 23
Recital 40
(40) The change-over from the arrangements in Regulation
(EC) No 1260/2001 to those provided for in this Regulationcould give rise to difficulties which are not dealt with in thisRegulation. In order to deal with such difficulties, theCommission should be enabled to adopt transitional measures.(40) The change-over from the arrangements in Regulation
(EC) No 1260/2001 to those provided for in this Regulationcould give rise to difficulties which are not dealt with in thisRegulation , such as the uncertainty with respect to the
marketing year 2006/2007 in those areas in which autumnsowing is practiced . In order to deal with such difficulties, the
Commission should be enabled to adopt transitional measures.
Amendment 24
Recital 40 a (new)
(40a) In the context of the restructuring of the European
sugar industry, the Council must mobilise the Union'sStructural Funds and all the social cohesion policy instru-ments, with a view to optimising the management of therestructuring and encouraging job creation.
Given the extent of the proposed reform, over a short period,
especially in rural areas, and covering various types of
economic activity, it will be vital to develop regionalprogrammes quickly, with the support of the EU's StructuralFunds and of all the social cohesion policy instruments. Thatis in line with the objectives of the Lisbon Strategy, theEuropean Employment Strategy, and the Commission's cohe-
sion guidelines for 2007-2113, and reflects, in particular,
the terms of the Commission communication on restruc-turing and employment (
1).
That communication stresses that the EU should, as a
matter of consistency, assume the costs of the policies itimplements (point 1.1), and draws attention to the need tomake use of all the Community financial instruments avail-
able to the Member States in a complementary and inte-
grated fashion, with a view to managing economic changeand optimising the impact on employment (point 2.1.3).
(1)Commission communication entitled ‘Restructuring and employ-
ment — Anticipating and accompanying restructuring in order
to develop employment: the role of the European Union’,
(COM(2005)0120).
Amendment 25
Article 1, paragraph 1 a (new)
1a. The common organisation of markets in the sugar
sector shall seek to pursue the objectives set out in Article33 of the Treaty, and notably, to stabilise the markets, to
increase the market orientation of the Community sugar
regime, and to ensure a fair standard of living for the agri-cultural community within the sugar sector.24.11.2006 C 287 E/274 Official Journal of the European Union
Thursday, 19 January 2006EN
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 26
Article 2, point (6 a) (new)
(6a) ‘exported sugar’, ‘exported isoglucose’ and ‘exported
inuline syrup’ mean the quantity of sugar, isoglucose or
inuline syrup exported to third countries during a givenmarketing year within the limits of the agreementsconcluded pursuant to Article 300 of the Treaty;
Amendment 27
Article 2, point (7)
(7) ‘surplus sugar’, ‘surplus isoglucose’ and ‘surplus inuline
syrup’ mean any quantity of sugar, isoglucose or inuline syrupproduction attributed to a specific marketing year over andabove the respective quantities referred to in points (5) and
(6);(7) ‘surplus sugar’, ‘surplus isoglucose’ and ‘surplus inuline
syrup’ mean any quantity of sugar, isoglucose or inuline syrupproduction attributed to a specific marketing year over andabove the respective quantities referred to in points (5), (6)
and (6a) ;
Amendment 28
Article 2, point (11 a) (new)
(11a) ‘Preferential sugar originating from the least devel-
oped countries (LDCs)’ means sugar produced and exported
by a particular LDC in excess of its consumption as notifiedto the International Sugar Organisation.
Amendment 29
Article 2 a (new)
Article 2a
Price system1. During the marketing years 2006/2007, 2007/2008,
2008/2009 and 2009/2010, an intervention system basedon an intervention price shall be established in accordancewith the procedures laid down in Article 17a.
2. As from the marketing year 2010/2011, the interven-
tion system shall be replaced by a system based on a refer-
ence price.
Amendment 30
Article 3
Reference price Reference or intervention price
1. For white sugar, the reference price shall be: 1. For white sugar, the reference or intervention price shall
be:
(a) 631,9 Euro per tonne for the marketing year 2006/2007; (a) 631,9 Euro per tonne for the marketing year 2006/2007;(b) 476,5 Euro per tonne for the marketing year 2007/2008; (b) 571,2 Euro per tonne for the marketing year 2007/2008;
(c)449,9 Euro per tonne for the marketing year 2008/2009; (c) 525,8 Euro per tonne for the marketing year 2008/2009;
(d) 385,5 Euro per tonne as from the marketing year
2009/2010.(d) 442,3 Euro per tonne as from the marketing year
2009/2010;24.11.2006 C 287 E/275 Official Journal of the European Union
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TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
2. For raw sugar, the reference price shall be: 2. For raw sugar, the reference or intervention price shall
be:
(a) 496,8 Euro per tonne for the marketing year 2006/2007; (a) 496,8 Euro per tonne for the marketing year 2006/2007;
(b) 394,9 Euro per tonne for the marketing year 2007/2008; (b) 496,8 Euro per tonne for the marketing year 2007/2008;
(c)372,9 Euro per tonne for the marketing year 2008/2009; (c) 441,2 Euro per tonne for the marketing year 2008/2009;
(d) 319,5 Euro per tonne as from the marketing year
2009/2010.(d) 366,6 Euro per tonne as from the marketing year
2009/2010.
3. The reference prices referred to in paragraphs 1 and 2
shall apply to unpacked sugar, ex-factory, loaded on to a
means of transport chosen by the purchaser. They shall applyto white sugar and raw sugar of the standard quality describedin Annex I.3. The reference or intervention prices referred to in para-
graphs 1 and 2 shall apply to unpacked sugar, ex-factory,
loaded on to a means of transport chosen by the purchaser.They shall apply to white sugar and raw sugar of the standardquality described in Annex I.
Amendment 31
Article 5, paragraph 1
1. The minimum price for quota beet shall be: 1. The minimum price for quota beet shall be:(a) 32,86 Euro per tonne for the marketing year 2006/2007; (a) 32,86 Euro per tonne for the marketing year 2006/07;(b) 25,05 Euro per tonne as from the marketing year
2007/2008.(b) 31,6 Euro per tonne as from the marketing year 2007/08 ;
(ba) 30,6 Euro per tonne as from the marketing year
2008/09;
(bb) 29,4 Euro per tonne as from the marketing year
2009/10.
However, the minimum price for quota beet may be reduced
by a maximum of 10 % by way of an agreement within thetrade.
Amendment 32
Article 5, paragraph 2
2. The minimum price referred to in paragraph 1 shall
apply to sugar beet of the standard quality described in AnnexI.2. The minimum price referred to in paragraph 1 shall
apply to sugar beet of the standard quality described in AnnexIand shall correspond to a yield of 130 kg of quota sugar .
This price shall apply to the ‘delivery to the place of
delivery’ stage.
Amendment 33
Article 5, paragraph 4
4. For the quantities of sugar beet corresponding to the
quantities of industrial sugar or surplus sugar that are
subject to the surplus amount provided for in Article 15 , the
sugar undertaking concerned shall adjust the purchase price
so that it is at least equal to the minimum price for quotabeet.4. For the quantities of sugar beet corresponding to the
quantities of industrial sugar, the sugar undertaking concernedshall be required to pay at least the price set by agreements
within the trade, bearing in mind the added value of the
sugar concerned, the relationship between the institutionalsugar prices and quota beet after the restructuring period,and the conventional yield of 130 kg per tonne of beet with16 % sugar content.24.11.2006 C 287 E/276 Official Journal of the European Union
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TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 34
Article 5, paragraph 4 a (new)
4a. For the surplus quantities of sugar beet, which, as
provided for in Article 15, are subject to levies on surplusesor which are sold on the Community market free from thelevy on surpluses, the undertaking concerned shall adjust the
purchase price so that it is at least equal to the minimum
price for quota beet.
Amendment 36
Article 8
Article 8
Additional sugar quota1. By 31 July 2006 at the latest, sugar undertakings that
produced C sugar under Regulation (EC) No 1260/2001during the marketing year 2004/2005 may request from theMember State where they are established the allocation of
an additional quota for a total as set out in Annex IV. The
additional quotas shall be allocated according to objectiveand non discriminatory criteria.
2. If the demand for additional quotas exceeds the avail-
able national quantity, the Member State concerned shallprovide for a proportional reduction of the quantities to beallocated.
3. A one-off amount shall be levied on the additional
quotas that have been allocated to undertakings in accord-
ance with paragraphs 1 and 2. This amount shall be set atan amount equal to the level of the restructuring aid applic-able in the marketing year 2006/2007. It shall be collectedper tonne of additional quota allocated.
4. The totality of the one-off amount paid in accordance
with paragraph 3 shall be charged by the Member State to
the undertakings on its territory that have been allocated anadditional quota.
The payment of the one-off amount by a sugar undertaking
concerned shall be made by a deadline to be determined bythe Member States. The deadline shall not be later than28 February 2007.
5. If the sugar undertaking has not paid the one-off
amount before 28 February 2007 the additional quotas shallnot be considered as allocated to the sugar undertakingconcerned.deleted24.11.2006 C 287 E/277 Official Journal of the European Union
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TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 37
Article 9
Article 9
Additional isoglucose quotaIn the marketing year 2006/2007 an isoglucose quota of
100 000 tonnes is added to the total of the isoglucose quotafixed in Annex III. In each of the marketing years
2007/2008 and 2008/2009 a further isoglucose quota of
100 000 tonnes is added to the quota of the precedingmarketing year.
Member States shall allocate the additional quotas to under-
takings, proportionately to the isoglucose quota that havebeen allocated in accordance with Article 7(2).deleted
Amendment 38
Article 10, paragraph 2
2. Taking into account the results of the restructuring
scheme provided for in Council Regulation (EC) No …/2005(restructuring scheme), the Commission shall decide by the
end of February 2010 at the latest, in accordance with the
procedure referred to in Article 39(2), the common percentage
needed to reduce the existing quotas for sugar, isoglucose andinuline syrup per Member State or region with a view toavoid market imbalances in the marketing years as from2010/2011.2. On a proposal from the Commission and after
consulting the European Parliament, and taking into account
the results of the restructuring scheme provided for in CouncilRegulation (EC) No …./2005 (restructuring scheme), the
Council shall decide by the end of February 2010 at the latest,
in accordance with the procedure referred to in Article 39(2),the common percentage needed to reduce the existing quotasfor sugar, isoglucose and inuline syrup per Member State orregion with a view to avoid market imbalances in themarketing years as from 2010/2011.
Amendment 39
Article 12, point (ca) (new)
ca) exported to third countries, subject to the conditions laid
down in this Regulation.
Amendment 40
Article 12 a (new)
Article 12a
Outlets for sugar surplusesThe Commission shall carry out a study in order to identify
transitional outlets for sugar surpluses for energy use.
Amendment 41
Article 13, paragraph 1, point (a)
(a) it has been subject to a delivery contract concluded before
the end of the marketing year between a producer and a
user which have both been granted approval under Article
17;(a) it has been subject to a delivery contract concluded before
the end of the marketing year between a producer and/or
supplier and a user which have been granted approval
under Article 17;24.11.2006 C 287 E/278 Official Journal of the European Union
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BY THE COMMISSIONAMENDMENTS
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Amendment 42
Article 13, paragraph 2, point (a)
(a) alcohol, rum, live yeast and ‘Rinse appelstroop’; (a) alcohol, bioethanol for energy purposes, rum, yeast and
‘Rinse appelstroop’;
Amendment 43
Article 13, paragraph 2, point (b)
(b) industrial products without sugar content but the proces-
sing of which uses a quantity of sugar, isoglucose or
inuline syrup higher than 50 % of the weight of the final
product;(b) industrial products without sugar content but the proces-
sing of which uses sugar, isoglucose or inuline syrup as
the base product;
Amendment 44
Article 13, paragraph 3, subparagraph 1
3. A production refund may be granted on the products
listed in Article 1(1)(b) to (e) if surplus sugar, surplus isoglu-
cose or surplus inuline syrup is not available at a price corre-sponding to the world price for the manufacturing of productsreferred to in paragraph 2 points (b) and (c) of this Article.3. A production refund shall be granted on the products
listed in Article 1(1)(b) to (e) if surplus sugar, surplus isoglu-
cose or surplus inuline syrup is not available at a price corre-sponding to the world price for the manufacturing of productsreferred to in paragraph 2 points (b) and (c) of this Article.
Amendment 45
Article 13, paragraph 3, subparagraph 3
The production refund shall be fixed taking into account in
particular the costs arising from the use of imported sugarwhich the industry would have to bear in the event of supplyon the world market and the price of the surplus sugar avail-able on the Community market or the reference price if there
is no surplus sugar.The production refund shall be fixed taking into account in
particular the costs arising from the use of imported sugarwhich the industry would have to bear in the event of supplyon the world market and the price of the surplus sugar avail-able on the Community market or the reference or interven-
tion price if there is no surplus sugar.
Amendment 46
Article 14, paragraph 2, first subparagraph, point (a)
(a) inform the Member State concerned by 31 January of the
current marketing year at the latest, of the quantities of
sugar, isoglucose or inuline syrup being carried forward;(a) inform the Member State concerned by 15 February of
the current marketing year at the latest, of the quantities
of sugar, isoglucose or inuline syrup being carried
forward;24.11.2006 C 287 E/279 Official Journal of the European Union
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BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 47
Article 14, paragraph 2, second subparagraph, introductory wording
However, the date of 31 January referred to in point (a) of
the first subparagraph shall be replaced:However, the date of 15 February referred to in point (a) of
the first subparagraph shall be replaced:
Amendment 48
Article 14, paragraph 2, second subparagraph, point (b)
(b) for undertakings established in the United Kingdom, by
15 February;deleted
Amendment 49
Article 15, paragraph 1, point (a)
(a) surplus sugar, surplus isoglucose and surplus inuline syrup
produced during any marketing year, except quantities
carried forward to the quota production of the following
marketing year and stored in accordance with Article 14or quantities referred to in Article 12(c);(a) surplus sugar, surplus isoglucose and surplus inuline syrup
produced during any marketing year, except quantities
exported to third countries within the limits of the agree-
ments concluded pursuant to Article 300 of the Treaty,carried forward to the quota production of the followingmarketing year and stored in accordance with Article 14,referred to in Article 12(c) , or the quantities whose export
is permitted as indicated in Article 12(ca) ;
Amendment 50
Article 15, paragraph 1, point (b)
(b) industrial sugar, industrial isoglucose and industrial
inuline syrup for which no proof has been supplied, by adate to be determined, that it has been processed in one
of the products referred to in Article 13(2);(b) industrial sugar, industrial isoglucose and industrial
inuline syrup for which no proof has been supplied by
the user undertaking , by a date to be determined, that it
has been processed in one of the products referred to in
Article 13(2);
Amendment 51
Article 15, paragraph 1, point (c a) (new)
(ca) surplus sugar, surplus isoglucose and surplus inuline
syrup for which proof of export has not been provided
within the time-limit prescribed.
Amendment 52
Article 15, paragraph 3
3. The surplus amount paid in accordance with paragraph
1 shall be charged by the Member State to the undertakings
on its territory according to the quantities of productionreferred to in paragraph 1 that have been established for theundertakings for the marketing year concerned .3. The surplus amount paid in accordance with paragraph
1 shall be charged by the Member State to the undertakings
on its territory according to the quantities of productionreferred to in paragraph 1 that have been established for theundertakings for the marketing year. Moreover, for the quan-
tities referred to in paragraph 1(b) the surplus amount shall
be charged to the user undertakings.24.11.2006 C 287 E/280 Official Journal of the European Union
Thursday, 19 January 2006EN
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 53
Article 16, paragraph 4
4. Community sugar and inuline syrup undertakings may
require sugar-beet or sugar-cane growers or chicory suppliers
tobear 50 % of the production charge concerned.4. In the context of interprofessional agreements, Com-
munity sugar and inuline syrup undertakings may share the
burden of the production charge with sugar-beet or sugar-
cane growers or chicory suppliers. The participation of
sugar-beet or sugar-cane growers or chicory suppliers may
not exceed 50 % of the production charge concerned.
Amendment 54
Article 17 a (new)
Article 17a
Intervention scheme1. During the marketing years 2006/2007, 2007/2008,
2008/2009 and 2009/2010, the intervention agency
appointed by each sugar-producing Member State shall berequired, in accordance with the procedure referred to inArticle 39(2), to purchase the white sugar and raw sugarproduced under quota and manufactured from sugar beetand sugar cane harvested in the Community that is offered
to it, subject to prior conclusion of a storage contract
between the seller and the said agency for the sugar in ques-tion. If the sugar quality differs from the standard qualityfor which the intervention price has been fixed, the lattershall be adjusted by application of bonuses or deductions.
2. During the marketing years 2006/2007, 2007/2008,
2008/2009 and 2009/2010, the intervention agencies shall,
where appropriate, buy at the intervention price valid forthe area in which the sugar is located at the time ofpurchase.
3. During the marketing years 2006/2007, 2007/2008,
2008/2009 and 2009/2010, the intervention agencies maysell sugar only at a price higher than the intervention price.
Amendment 55
Article 19, paragraph 1, subparagraph 1
1. In order to preserve the structural balance of the market
at a price level which is close to the reference price, taking
into account the obligations of the Community resulting from
agreements concluded in accordance with Article 300 of theTreaty, a percentage, common to all Member States, of quotasugar, quota isoglucose and quota inuline syrup may be with-drawn from the market until the beginning of the followingmarketing year.1. In order to preserve the structural balance of the market
at a price level which is close to the reference or intervention
price, taking into account the obligations of the Community
resulting from agreements concluded in accordance withArticle 300 of the Treaty, a percentage, common to allMember States, of quota sugar, quota isoglucose and quotainuline syrup may be withdrawn from the market until thebeginning of the following marketing year.24.11.2006 C 287 E/281 Official Journal of the European Union
Thursday, 19 January 2006EN
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 56
Article 19, paragraph 3, subparagraph 2, indent 2
– supplementary quota production; –supplementary quota production up to 105 % ;
Amendment 57
Article 25, paragraph 1 a (new)
1a. Should imports from one of the LDCs exceed the
volumes guaranteeing a net balance between normal internalproduction capacity and normal internal consumption in thecountry concerned, the Commission shall suspend such
imports from that country.
Amendment 58
Article 25, paragraph 2, subparagraph 1
2. If the situation referred to in paragraph 1 arises, the
Commission shall, at the request of a Member State or on itsown initiative, decide upon the necessary measures.2. If the situation referred to in paragraph 1 and para-
graph 1a arises, the Commission shall, at the request of a
Member State or on its own initiative, decide upon the neces-sary measures.
Amendment 59
Article 25 a (new)
Article 25a
Volume of preferential importsWhere Article 18 applies or where preferential imports
exceed the volume laid down in Article 19, the Commissionshall adopt the measures required to apply Article 27(2) and
(3).
Amendment 60
Article 26, paragraph 3
3. If the production refund provided for in Article 13(3)
does not guarantee the supply necessary for the manufac-turing of products referred to in Article 13(2), the Commis-sion may suspend in whole or in part for certain quantities
the application of import duties on white sugar falling within
CN code 1701 and isoglucose falling within codes
1702 30 10, 1702 40 10, 1702 60 10 and 1702 90 30.3. If the production refund provided for in Article 13(3)
does not guarantee the supply necessary for the manufac-turing of products referred to in Article 13(2), the Commis-sion may suspend the application of import duties on sugarfalling within CN code 1701 and isoglucose falling withincodes 1702 30 10, 1702 40 10, 1702 60 10 and
1702 90 30.24.11.2006 C 287 E/282 Official Journal of the European Union
Thursday, 19 January 2006EN
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 61
Article 27 a (new)
Article 27a
Imports from LDCs1. Imports of sugar from LDCs shall be subject to duties
under the Common Customs Tariff on the basis of theexisting levels until 1 July 2012. Duties under the CommonCustoms Tariff shall be reduced by 20 % on 1 July 2012,
50 % on 1 July 2013 and 80 % on 1 July 2014. As from 1
July 2015 they shall be completely phased out.
2. Pending the complete phasing-out of duties under the
Common Customs Tariff in accordance with paragraph 1,for each marketing year a zero-rated global tariff quotashall be opened for products corresponding to tariff heading
1701 originating in least developed countries. The initial
tariff quota for the marketing year 2006/2007 for productscorresponding to tariff heading 1701 shall be 149 212tonnes, expressed in white sugar equivalent. For each of thefollowing marketing years the tariff quota for productscorresponding to heading 1701 shall be raised by 27 % as
compared to the quota for the previous marketing year.
3. As from the marketing year 2010/2011, should sugar
imports from least developed countries be in excess of thelevels guaranteeing a net balance between internal produc-tion and consumption in one or more of the countriesconcerned, as determined from its declarations to the Inter-
national Sugar Organisation, the Commission may suspend
such imports in accordance with the procedures set out inArticle 25, at the request of a Member State or on its owninitiative.
Amendment 62
Article 28, paragraph 1
1. Tariff quotas for imports of products listed in Article
1(1) resulting from agreements concluded in accordance withArticle 300 of the Treaty or from any other act of the Councilshall be opened and administered by the Commission underdetailed rules adopted in accordance with the procedurereferred to in Article 39(2) of this Regulation.1. Tariff quotas for imports of products listed in Article
1(1) resulting from agreements concluded in accordance withArticle 300 of the Treaty or from any other act of the Councilshall be opened and administered by the Commission underdetailed rules adopted in accordance with the procedurereferred to in Article 39(2) of this Regulation and pursuant to
Articles 308a, 308b and 308c of Commission Regulation
(EEC) No 2454/93 of 2 July 1993 establishing certainimplementing provisions for Council Regulation (EEC) No2913/92 establishing the Community Customs Code (
1).
(1) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-
lation (EC) No 883/2005 (OJ L 148, 11.6.2005, p. 5).24.11.2006 C 287 E/283 Official Journal of the European Union
Thursday, 19 January 2006EN
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 63
Article 28, paragraph 3 a (new)
3a. Where the Commission finds that there is sufficient
evidence of fraud or failure to provide administrative coop-eration as required for the verification of evidence of origin,
or that there is a massive increase in exports into the Com-
munity above the level of normal production and exportcapacity, it may take measures to suspend in whole or inpart the application of tariff quotas for a period of sixmonths, provided that it has first:
(a) informed the Committee referred to in Article 39(1);
(b) called on the Member States to take such precautionary
measures as are necessary in order to safeguard theCommunity's financial interests;
(c) published a notice in the Official Journal of European
Union stating that there are grounds for reasonabledoubts about the lawful implementation of tariffquotas, which call into question the right of the benefi-
ciary country or territory to continue enjoying the bene-
fits of such arrangements.
Amendment 64
Article 29, paragraph 2, subparagraph 1
2. Import licences for sugar for refining shall be issued
only to full-time refiners provided that the concerned quanti-
ties are below the traditional supply need referred to in para-
graph 1. The licences in question shall be issued for 75 % of
the ACP/Indian sugar before being available for any othersugar. They may be transferred only between full-time refinersand their validity expires at the end of the marketing year forwhich they have been issued.2. Import licences for sugar for refining shall be issued
only ifthe quantities concerned are below the traditional
supply need referred to in paragraph 1. The licences in ques-
tion shall be issued for 75 % of the ACP/Indian sugar before
being available for any other sugar. They may be transferredonly between full-time refiners and their validity expires at theend of the marketing year for which they have been issued.
Amendment 72/rev.
Article 29, paragraph 2, subparagraph 2
This paragraph shall apply for the marketing years
2006/2007, 2007/2008 and 2008/2009, and for the firstthree months of each of the following marketing years.In areas where a deficit exists, sugar manufacturers shall be
permitted to carry out refining activities, on a part-timebasis and for imported sugar.24.11.2006 C 287 E/284 Official Journal of the European Union
Thursday, 19 January 2006EN
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 66
Article 31 a (new)
Article 31a
Checks on preferential importsPreferential imports from the LDCs shall not exceed the
quantities of sugar produced locally and shall be separate
from the volumes required for internal consumption in thecountries concerned.
Amendment 67
Article 40, paragraph 1, point (a)
(a) detailed rules for applying Articles 3 to 6, in particular
those concerning increases and reductions of prices to beapplied for deviations from the standard of the reference
price referred to in Article 3(3) and the minimum price
referred to in Article 5(3);(a) detailed rules for applying Articles 3 to 6, in particular
those concerning increases and reductions of prices to beapplied for deviations from the standard of the reference
or intervention price referred to in Article 3(3) and the
minimum price referred to in Article 5(3);
Amendment 68
Article 40, paragraph 1, point (c)
(c) detailed rules for applying Articles 13, 14 and 15, and in
particular the conditions for granting production refunds,the amounts of sugar refunds and eligible quantities;(c) detailed rules for applying Articles 13, 14 and 15, and in
particular the conditions for the grant of export licences
for non-quota sugar and non-quota isoglucose , the condi-
tions for granting production refunds, the amounts of
sugar refunds and eligible quantities;
Amendment 69
Article 44
In accordance with the procedure referred to in Article 39(2),
transitional measures may be adopted to facilitate the transi-tion from the rules provided for in Regulation (EC)No 1260/2001 to those established by this Regulation.In accordance with the procedure referred to in Article 39(2),
transitional measures may be adopted to facilitate the transi-tion from the rules provided for in Regulation (EC)No 1260/2001 to those established by this Regulation. In par-
ticular, the quotas for the marketing year 2005/2006 shall
be increased in those Member States practising autumn
sowing, in proportion to the volume of sugar produced fromground beet prior to 30 September 2006. Such sugar beetshall be subject to the price and regulatory conditions laiddown in Regulation (EC) No 1260/2001.24.11.2006 C 287 E/285 Official Journal of the European Union
Thursday, 19 January 2006EN