Commission Regulation (EC) No 350/1999 of 17 February 1999 amending Regulation (EEC) No 2750/86 laying down detailed rules for the application of measures for the marketing of sugar produced in the French overseas departments
Date: 1999-02-17
Institutions: European Commission
Subjects: French overseas department and region, freight rate, maritime transport, sales aid, sugar, transport price

L 44/8

EN

Official Journal of the European Communities

18. 2. 1999

COMMISSION REGULATION (EC) No 350/1999

of 17 February 1999

amending Regulation (EEC) No 2750/86 laying down detailed rules for the
application of measures for the marketing of sugar produced in the French
overseas departments

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 organisation of the
markets in the sugar sector (1), as last amended by Regula-
tion (EC) No 1148/98 (2), and in particular Article 9(6) and
the second paragraph of Article 39 thereof,

Whereas Council Regulation (EEC) No 2225/86 of 15
July 1986 laying down measures for the marketing of
sugar produced in the French overseas departments and
for the equalisation of the price conditions with preferen-
tial raw sugar (3) provides in particular for the grant of a
flat-rate Community aid for marketing to producers of
sugars produced in the French overseas departments
(hereinafter called the ‘overseas departments') and deliv-
ered to European ports in the Community; whereas this
aid comprises two flat-rate amounts, one representing the
transport costs from the ex-factory stage to the fob port in
overseas department stage and the other representing the
sea transport costs from the fob port in overseas depart-
ment stage to the cif European ports in the Community
stage equal to the Caribbean-to-United Kingdom freight
element;

Whereas the sea transport costs depend principally on the
size of the vessels, which in turn is determined by the
depth of water in the ports of loading in the overseas
departments; whereas experience has shown that precisely
on account of
the specific features of ports, sugar is
frequently transported from certain overseas departments
to the Community in vessels with a net
registered
tonnage of less than 20 000 tonnes; whereas the Carib-
bean-United Kingdom freight element is established on
the basis of vessels with a net registered tonnage of
between 25 000 tonnes and 30 000 tonnes; whereas the
freight costs borne by operators may be disproportionate
therefore in relation to the freight element established on
a flat-rate basis; whereas, in order to attain the objectives
of Article 9 of Regulation (EEC) No 1785/81, the detailed
rules for applying the flat rate should include the poss-
ibility of
adjusting the Caribbean-United Kingdom
freight element, where the sizes of the vessels used justify
it; whereas, consequently, Article 2 of Commission Regu-
lation (EEC) No 2750/86 of 3 September 1986 laying
down detailed rules for the application of measures for
the marketing of sugar produced in the French overseas

departments and amending for the fourth time Regula-
tion (EEC) No 3016/78 (4), as last amended by Regulation
(EEC) No 1730/92 (5), should be amended;

Whereas the measures provided for in this Regulation are
the Management
in accordance with the opinion of
Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

Article 2 of Regulation (EEC) No 2750/86 is amended as
follows:

1. the existing text becomes paragraph 1;

2. the following paragraph 2 is added:

‘2.
The competent French authorities may adjust on
a flat-rate basis the amount referred to in the last
subparagraph of paragraph 1, where, as a result of the
use of vessels with a net registered tonnage of less than
20 000 tonnes, the actual transport costs borne by the
producer exceed that amount.

The adjustment shall be equivalent, for each month
and each geographical area (Antilles/R(cid:130)union), to an
amount not exceeding the average difference estab-
lished for bulk transport during the 12 months
preceding the month of departure of the sugar from
the ports in the overseas departments, less a flat-rate
amount of EUR 2/tonne, between the actual freight
costs for vessels with a net registered tonnage of less
than 20 000 tonnes, established on the basis of bills of
lading, and the Caribbean-to-United Kingdom freight
element referred to in Article 2(b) of Regulation (EEC)
No 2225/86.

The competent French authorities shall notify the
Commission forthwith of the adjustments made, speci-
fying in particular the number of vessels and the
amounts concerned, and shall forward the relelvant
supporting documents.'

Article 2

This Regulation shall enter into force on the day of its
publication in the Official Journal of the European
Communities.

(1) OJ L 177, 1. 7. 1981, p. 4.
(2) OJ L 159, 3. 6. 1998, p. 38.
(3) OJ L 194, 17. 7. 1986, p. 7.

(4) OJ L 253, 5. 9. 1986, p. 8.
(5) OJ L 179, 1. 7. 1992, p. 112.

18. 2. 1999

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Official Journal of the European Communities

L 44/9

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 17 February 1999.

For the Commission

Franz FISCHLER

Member of the Commission