Proposal for a Council Regulation on the common organisation of the markets in the sugar sector
Date: 2000-10-04
Institutions: European Commission
Subjects: commodities market, common agricultural policy, common organisation of markets, sugar

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Proposal for a Council Regulation on the common organisation of the markets in the sugar sector

(2001/C 29 E/19)

COM(2000) 604 final (cid:151) 2000/0250(CNS)

(Submitted by the Commission on 16 October 2000)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 36 and 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Whereas:

(1) In order

to work properly,

the common agricultural
policy requires a common organisation of the markets
in the sugar sector covering, in particular, sugar and iso-
glucose and inulin syrup, which are liquid substitutes for
sugar.

living,

to ensure

and in particular

(2) In order to achieve the objectives of the common agri-
that
cultural policy,
sugar beet and sugar cane
Community growers of
from the necessary guarantees in
continue to benefit
respect of employment and standards of
the
market in sugar should be stabilised. This objective can
be attained by allowing intervention agencies to buy in
sugar. For this purpose, an intervention price for white
sugar should be fixed for areas having no deficit, as well
as an intervention price for raw sugar, and, every year for
each of the deficit areas, a derived intervention price for
white sugar and, if necessary, for raw sugar. The inter-
vention price must be fixed at a level which will ensure a
fair income for sugar-beet and sugar-cane producers while
taking account of the interests of consumers. Such price
guarantees for sugar also benefit sugar syrups, isoglucose
and inulin syrup, the prices of which are based on sugar
the financial perspective and the
prices.
budgetary rules adopted by the European Council
in
Berlin in March 1999, the support prices in the sugar
sector should be fixed for the whole duration of
the
new arrangements.

In view of

(3) The intervention price must be fixed for standard qualities
of white sugar and raw sugar which should be defined.

Such standard qualities
should be average qualities
representative of sugar produced in the Community and
should be determined on the basis of criteria used by the
It must also be possible to review the
sugar
trade.
standard qualities
in particular, of
to take account,
commercial requirements and developments in analysis
techniques.

charitable

(4) So as not to interfere with the prices referred to above,
intervention agencies must sell sugar at a price higher
than the intervention price unless it is to be exported
either without
in the form of
further processing or
processed products, or used as animal feed. One conse-
quence of this rule is that sugar cannot be made available
to
human
consumption in the Community. It should nevertheless
be possible to dispose of sugar in this fashion through
individual emergency aid operations intended to ensure
the availability of supplies and thus representing at the
same time a humanitarian operation. Such operations are
effective only if rapidly implemented. The most appro-
priate procedure should therefore be used in such
instances.

organisations

use

for

for

the cost

(5) These rules should ensure fair treatment for both manu-
facturers and producers of the basic products. In addition
to the basic price derived from the intervention price for
white sugar and fixed values representing the processing
the yield, undertakings’ receipts from sales of
margin,
molasses and, where applicable,
incurred in
delivering beet to undertakings, minimum prices should
therefore be fixed for A beet intended for processing into
A sugar and for B beet intended for processing into B
sugar, to be paid by sugar manufacturers buying beet.
Specific instruments are needed to ensure a fair balance
rights and obligations between manufacturers and
of
growers,
in particular standard Community provisions
should be laid down to govern the contractual relations
between buyers and sellers of beet and adequate measures
adopted for the same purpose for sugar cane.

(6) The reasons which have hitherto led the Community to
adopt a production quota system for sugar, isoglucose and
inulin syrup currently remain valid. However, that system
has been adjusted to take account of recent developments
to provide the Community with the
in production,
instruments necessary to ensure,
in a fair yet efficient
way, that the producers themselves meet in full the cost
of disposing of the surpluses of Community production

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over consumption and to comply with the Community’s
obligations under
the Agreements resulting from the
Uruguay Round of multilateral trade negotiations, here-
inafter
(cid:145)GATT(cid:146), approved by Decision
94/800/EC (1).

referred to as

(cid:145)the Agreement(cid:146))

support
for

(hereinafter called as

(7) The agreement on agriculture concluded under the GATT
in
agreements
particular requires the Community to gradually reduce
its export
for agricultural products and in
particular
sugar under guarantee of production
quotas. The Agreement provides for export support to
be reduced, in terms of both the quantities covered and
the level of
the subsidies involved, over a transitional
period. As a first step in adjusting the guarantees, the
difference recorded for a given marketing year between
the Community’s exportable volume and the amount set
in the Agreement should be apportioned between sugar,
isoglucose and inulin syrup according to the percentages
which the quotas of each represent in the total quota set
for all three products for the Community. However, such
a system should apply for a limited period only and
should be regarded as transitional. In view, in particular,
the financial perspective and the budgetary rules
of
adopted by the European Council
in Berlin in March
1999 and the need to take account of the progress of
negotiations under the WTO, the quota system should
be maintained for the 2001/02 and 2002/03 marketing
years. However, the situation should be reviewed in 2003.

(9) Since commitments to reduce export support were imple-
mented during the transitional period, the basic quantities
of sugar and isoglucose and the quotas for inulin syrup
should be kept at their present levels, but it must be
possible for the relevant guarantees to be adjusted as
necessary to enable the Community to comply with its
commitments under the Agreement, while taking account
of the fundamental factors affecting the situation of its
sugar
self-financing
through production levies and the production quota
regime should be maintained.

sector. The

system of

sector’s

(10) The producers should thus continue to assume financial
responsibility by paying a basic production levy charged
on all production of A and B sugar, which is however
limited to 2 % of the intervention price for white sugar,
and a B levy charged on the production of B sugar up to a
limit of 37.5 % of that price.
In certain circumstances,
isoglucose and inulin syrup also pay a
producers of
proportion of
those contributions. As matters now
stand, capping the levies in the manner described above
means that in some marketing years sugar production is
levy should
not
therefore be charged in those cases.

fully self-financing. An additional

(8) The common organisation of the markets in the sugar
sector is based, firstly, on the principle that producers
financial responsibility for the losses
should bear full
that
incurred each marketing year from disposing of
part of Community production under quota which is
surplus to the Community’s internal consumption and,
secondly, on a differentiation of price guarantees for
disposal
reflecting the production quota allocated to
each undertaking. A sugar production quota is allocated
to each undertaking on the basis of its actual production
during a particular reference period.

(11)

(1) OJ L 336, 23.12.1994, p. 1.

the marketing year

In the interests of equal treatment, the additional
levy
should be calculated for each undertaking on the basis
of its share in the revenue generated by the production
levies which it has paid for
in
question. A coefficient should therefore be fixed for the
Community as a whole representing the ratio for that
marketing year between the total loss recorded and the
generated by
total
the production levies
concerned.
is necessary to specify the conditions
under which beet and cane sellers are to contribute to
eliminating the outstanding loss for the marketing year
concerned.

revenue
It

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(12)

the

any

year,

given marketing

consumption,
In
production, importation, stock and carryover levels, and
the average loss likely to be borne under the self-financing
scheme, may be such that the production quotas allocated
to each undertaking in the sugar sector result in an export
volume exceeding that set in the Agreement. The guar-
antees linked to the quotas should therefore be adjusted
each marketing year so that the Community can meet its
commitments.

(13) The initial breakdown by product should be followed by a
further breakdown between the Member States to take
account of the guarantees linked to the quotas assigned
to producing undertakings in each Member State so that
those guarantees can be adjusted in a way that does not
affect the existing balance of quotas and burden-sharing.
A reduction coefficient for the A and B guarantees should
therefore be fixed for each Member State based on the
maximum contributions pertaining to those guarantees.
Each Member State concerned should then make an allo-
cation among undertakings which takes account of the
guarantees arising for each undertaking from its own
quotas.

(14) Given the need to allow for

a

certain structural
adjustment of the processing industry and of beet and
cane growing during the period in which these quotas
are to be applied, Member States should be allowed to
alter the quotas of undertakings by a maximum of 10 %.
However, in view of the particular situation of the sugar
overseas
sector
departments, this limit should not be applied in those
regions while restructuring plans are being implemented.

French

Spain,

Italy

and

the

in

put all sugar or isoglucose intended for manufacture in
the Community of products other than foodstuffs out of
production, within the meaning of
the quota system,
under conditions to be laid down.

(17) A Community market for sugar as for isoglucose and
inulin syrup requires a common trading system at the
external frontiers of the Community. A trading system
including import levies and export refunds will stabilise
the Community market, in particular, by preventing prices
inside the Community from being affected by price fluc-
tuations on the world market. A levy should therefore be
charged on imports from third countries and a refund
paid on exports to such countries to compensate for
the difference between prices on the sugar market inside
and outside the Community when world market prices
are lower than the Community prices, and to provide a
certain measure of protection for the Community industry
processing isoglucose and inulin syrup.

(18) To ensure that these trading arrangements can function
properly, it must be possible to regulate or prohibit the
use of inward-processing arrangements when the situation
on the market so requires.

(19) Should a shortage on the world market result in higher
prices on the world market than in Community, or should
all or part of the Community be unable to obtain normal
supplies, it must be possible to act in good time to avoid
a situation where regional surpluses are exported to third
countries while an abnormal rise in Community prices
makes it impossible to continue to supply consumers at
reasonable prices.

(15) Since allocating production quotas to undertakings is a
way of ensuring that producers are paid Community
prices and have an outlet
the
interests of all the parties concerned,
in particular beet
and cane producers, should be taken into consideration
when quotas are transferred inside production regions.

their production,

for

(16) To expand the outlets for sugar and isoglucose on the
it should be possible to

Community’s internal market,

(20) The competent authorities must be in a position to
constantly monitor movements
in trade with third
countries so as to assess trends and apply such of the
measures provided for in this Regulation as may prove
necessary. To this end, there should be a system of import
and export licences, to be issued only after a security has
been lodged to ensure that the operation covered by a
licence application is actually carried out.

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(21) The system of customs duties makes

forms of protection at

it possible to
dispense with all other
the
external frontiers of the Community. However, in excep-
the prices and customs duties
tional circumstances
to leave the
machinery could break down. So as not
Community market unprotected against disturbances
which may ensue in such cases, the Community should
be able to take whatever measures are necessary without
delay. Such measures must comply with the Community’s
in
obligations under the GATT Agreements. Moreover,
order to avert problems of supply to the Community
market,
it must be possible to suspend customs duties
on certain sugar products.

of

the

sugar

going

needed

France,

Portugal

traditional

the quantities of

(22) The Community has made an overall examination of its
refining industry. This examination has shown that if a
steadier and more even flow of supplies to refineries
the Community is to be achieved, a clear
throughout
estimate
presumed
is
maximum requirements of raw sugar for refining into
the Member States concerned,
white sugar in each of
namely
the United
and
Finland,
Kingdom, using objective reference data and taking into
account
for direct
consumption recorded for the 1994/95 marketing year.
allowed
The
refining industry should therefore be
access, on certain terms and within the limit of
its
presumed needs,
to all raw sugar originating in the
Community, the ACP States and/or certain other tradi-
tional supplier countries to be specified, on the basis of
a forward balance and in a particular order of priority,
namely Community sugar, followed by preferential sugar
covered by Protocol No 3 to Annex IV to the Cotonou
ACP-EC Partnership Agreement,
sugar
traditional
imported from ACP States and/or other
suppliers. A special preferential arrangement for access
to the Community refining market should be introduced
for raw sugar imported from the ACP States listed in
Protocol No 3 and from India other than preferential
sugar in the strict sense. In order to counterbalance the
Community’s commitments to reduce export support, the
quantities imported to cover the traditional requirements
of the refining industry should be reduced.

followed by

(24) Raw cane sugar imported under the said preferential
arrangements must be refined under the fairest possible
conditions of competition.

in the Community, particularly

(25) Sugar refining is an important activity both at world level
and
in refineries
converting raw sugar into white sugar. From a technical
point of view, refining turns sugar cane into high-quality
products that can meet market requirements. Moreover,
these refineries are located in areas of high consumption.
The Community’s port-related
is
therefore a valuable complement to the beet-processing
the
industry, especially in Finland, mainland Portugal,
United Kingdom and southern and western France.

industry

refining

(26) Examination of supplies to port refineries throughout the
Community, suggests that special priority access should
be given to raw cane sugar originating in the ACP States
party to Protocol No 3 and India, under
special
agreements negotiated between the Community and the
countries referred to in Protocol No 3 and/or other
countries and based on an estimate of the Community’s
requirements once all available raw cane and beet sugar in
the Community and preferential sugar has been refined.

(27) Until the 2000/01 marketing year, the refining industry
received Community adjustment aid for refining prefer-
ential raw cane sugar and raw sugar from cane and beet
harvested in the Community. In the light of experience,
this aid should continue and provision should be made
for it to be adjusted to take account of economic trends in
the sugar sector, particularly manufacturing and refining
margins.

(23) Under Article 1 of the said Protocol and Article 1 of the
Agreement between the European Economic Community
and the Republic of India on cane sugar, these preferential
import arrangements must be implemented within the
framework of the common organisation of the market
in sugar.

(28) Some transitional measures may prove necessary and this
need may arise at each changeover from one marketing
year to the next or during a single marketing year.
It
should therefore be possible to adopt
the appropriate
measures.

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(29) To facilitate

implementation of

a
procedure is needed for close cooperation between
Member States and the Commission within a Management
Committee for Sugar.

this Regulation,

(30) In order to take account of environmental objectives,
Member States should draw up and implement suitable
environmental measures concerning the use of agri-
cultural land for the production of the products referred
to in Article 1. In future, Member States must introduce
measures to promote production in accordance with
objective environmental criteria and remind producers
of the need to comply with the legislation in force. The
Member States must submit a report on the impact of
national environmental measures on the sugar sector.

(31) Under Articles 2 and 3 of Council Regulation (EEC)
No 729/70 of 21 April 1970 on the financing of the
common agricultural policy,
the expenses incurred by
the Member States in meeting obligations arising from
the application of this Regulation are to be borne by
the Community.

(32) Since the measures needed to implement this Regulation
are management measures within the meaning of Article
2 of Council Decision 1999/468/EC of 28 June 1999
laying
exercise of
implementing powers conferred on the Commission (1),
they should be adopted by the management procedure
provided for in Article 4 of that Decision.

down the procedures

the

for

(33) The support arrangements introduced by this Regulation
replace the arrangements provided for by Council Regu-
lation (EC) No 2038/1999 of 13 September 1999 on the
common organisation of
in the sugar
sector (2), which must be repealed along with Regulations
(EEC) No 206/68 (3),
(EEC)

(EEC) No 431/68 (4),

the markets

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 252, 25.9.1999, p. 1. Regulation last

amended by
Commission Regulation (EC) No 1381/2000 of 28 June 2000
altering the export
refunds on white sugar and raw sugar
exported in the natural state (OJ L 156, 29.6.2000, p. 36).

(3) 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 (OJ L 47, 23.2.1968, p. 1). Regulation as
last amended by the Act of Accession of the Republic of Austria,
the Republic of Finland and the Kingdom of Sweden (OJ C 241,
29.8.1994, p. 124).

(4) Council Regulation (EEC) No 431/68 of 9 April 1968 determining
the standard quality for raw sugar and fixing the Community
frontier crossing point for calculating c.i.f. prices for sugar (OJ L
89, 10.4.1968, p. 3). Regulation last amended by Regulation (EC)
No 3290/94 (OJ L 349, 31.12.1994, p. 105).

No 447/68 (5), (EEC) No 2049/69 (6), (EEC) No 793/72 (7),
(EEC) No 741/75 (8),
(EEC)
1789/81 (10),
No
(EEC)
No 1010/86 (12) and (EEC) No 2225/86 (13) laying down
the general rules for its implementation.

(EEC) No 1358/77 (9),
193/82 (11),

(EEC)

No

transitional provisions

(34) Regulation (EC) No 2038/1999 provided for a system for
compensating storage costs. Since the regime to be
introduced by this Regulation does not include such a
system,
should be adopted to
ease the transition from the old system to the new one.
To that end, firstly, the balance of the old compensation
system for storage costs should be charged, if negative, or
credited,
to the system for financing the
disposal of surplus Community production in the sugar
sector and, secondly, the date of disposal for the purposes
of paying the storage levy for sugar in storage at the date
of entry into application of this Regulation should be
deemed to be the last day of the 2000/01 marketing year.

if positive,

(5) Council Regulation (EEC) No 447/68 of 9 April 1968 laying down
general rules for intervention buying of sugar (OJ L 91, 12.4.1968,
p. 5). Regulation last amended by Regulation (EEC) No 1359/77
(OJ L 156, 25.6.1977, p. 7).

(6) Council Regulation (EEC) No 2049/69 of 17 October 1969 laying
down general rules on the denaturing of sugar for animal feed (OJ
L 263, 21.10.1969, p. 1). Regulation last amended by Regulation
(EC) No 260/96 (OJ L 34, 13.2.1996, p. 16).

(7) Council Regulation (EEC) No 793/72 of 17 April 1972 fixing the

standard quality for white sugar (OJ L 94, 21.4.1972, p. 1).

(8) Council Regulation (EEC) No 741/75 of 18 March 1975 laying
(OJ L 74,

down special rules for the purchase of sugar beet
22.3.1975, p. 2).

(9) Council Regulation (EEC) No 1358/77 of 20 June 1977 laying
down general rules for offsetting storage costs for sugar and
repealing Regulation (EEC) No 750/68 (OJ L 156, 25.6.1977, p.
4). Regulation last amended by Regulation (EEC) No 3042/78 (OJ
L 361, 23.12.1978, p. 8).

(10) Council Regulation (EEC) No 1789/81 of 30 June 1981 laying
down general rules concerning the system of minimum stocks in
the sugar sector (OJ L 177, 1.7.1981, p. 39). Regulation last
amended by Regulation (EC) No 725/97 (OJ L 108, 25.4.1997, p.
13).

(11) Council Regulation (EEC) No 193/82 of 26 January 1982 laying
down general rules for transfers of quotas in the sugar sector (OJ L
21, 29.1.1982, p. 3).

(12) Council Regulation (EEC) No 1010/86 of 25 March 1986 laying
down general rules for the production refund on certain sugar
products used in the chemical industry (OJ L 94, 9.4.1986, p. 9).
Regulation last amended by Regulation (EC) No 1888/2000 (OJ L
227, 7.9.2000, p. 15).

(13) Council Regulation (EEC) No 2225/86 of 15 July 1986 laying
the marketing of sugar produced in the
down measures for
French overseas departments and for
the
price conditions with preferential raw sugar (OJ L 194, 17.7.1986,
p. 7).

the equalisation of

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(35) It must be possible to adopt transitional rules to ease the
transition from the regime provided for by Regulation
(EC) No 2038/1999 to the new arrangements introduced
by this Regulation,

(b)

(cid:145)raw sugars(cid:146) means sugars, not flavoured or coloured or
containing any other added substances, containing, in the
dry state, 99.5 % by weight of sucrose, determined by the
polarimetric method;

HAS ADOPTED THIS REGULATION:

(c)

(cid:145)isoglucose(cid:146) means the product obtained from glucose or
its polymers with a content by weight in the dry state of at
least 10 % fructose;

Article 1

Scope and definitions

(d)

(cid:145)inulin syrup(cid:146) means the immediate product obtained by
hydrolysis of inulin or oligofructoses, containing in the dry
state at least 10 % fructose in free form or as sucrose;

1.
The common organisation of the markets in the sugar
sector established by this Regulation shall cover the following
products:

CN Code

Description

(a) 1701

Cane or beet sugar and chemically pure sucrose,
in solid form

(b) 1212 91

Sugar beet

1212 92 00

Sugar cane

(e)

(f)

(cid:145)A sugar(cid:146) and (cid:145)A isoglucose(cid:146) means any quantity of sugar or
isoglucose production attributed to a specific marketing
year under the A quota of the undertaking concerned;

(cid:145)B sugar(cid:146) and (cid:145)B isoglucose(cid:146) means any quantity of sugar or
isoglucose production attributed to a specific marketing
year in excess of the A quota but within the sum of the
A and B quotas of the undertaking concerned;

(c) 1703

Molasses resulting from the extraction or refining
of sugar

(g)

(d) 1702 20

Maple sugar and maple syrup

(cid:145)C sugar(cid:146) and (cid:145)C isoglucose(cid:146) means any quantity of sugar or
isoglucose production attributed to a specific marketing
year either over and above the sum of
the A and B
quotas of the undertaking concerned or by an undertaking
which has no quota;

1702 60 95
1702 90 99

1702 90 60

1702 90 71

2106 90 59

Other sugars in solid form and sugar syrups, not
containing added flavouring or colouring matter,
but not including lactose, glucose, maltodextrine
and isoglucose

Artificial honey, whether or not mixed with
natural honey

Caramel containing 50 % or more by weight of
sucrose in the dry matter

Flavoured or coloured sugar syrups, other than
isoglucose,
lactose, glucose and maltodextrine
syrups

(e) 2303 20

Beet pulp, bagasse and other waste of sugar manu-
facture

(f) 1702 30 10

Isoglucose

1702 40 10

1702 60 10

1702 90 30

(g) 2106 90 30

Flavoured or coloured isoglucose syrups

(h) 1702 60 80

Inulin syrup

1702 90 80

2.

For the purposes of this Regulation:

(h)

(cid:145)A beet(cid:146) means all beet processed into A sugar;

(i)

(cid:145)B beet(cid:146) means all beet processed into B sugar;

(j)

(k)

(l)

(cid:145)A inulin syrup(cid:146) means any quantity of
production,
attributed to a specific marketing year under
quota of the undertaking concerned;

sugar/isoglucose

expressed as

inulin syrup
equivalent,
the A

expressed as

inulin syrup
(cid:145)B inulin syrup(cid:146) means any quantity of
production,
equivalent,
attributed to a specific marketing year in excess of the A
quota but within the sum of the A and B quotas of the
undertaking concerned;

sugar/isoglucose

expressed as

inulin syrup
(cid:145)C inulin syrup(cid:146) means any quantity of
production,
equivalent,
attributed to a specific marketing year either over and
above the sum of the A and B quotas of the undertaking
concerned or by an undertaking which has no quota;

sugar/isoglucose

(a)

(cid:145)white sugars(cid:146) means sugars, not flavoured or coloured or
containing any other added substances, containing, in the
dry state, 99.5 % or more by weight of
sucrose,
determined by the polarimetric method;

(m) for all the products listed in paragraph 1, (cid:145)marketing year(cid:146)
means the period beginning on 1 July and ending on
30 June of the following year.

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TITLE I

Article 4

INTERNAL MARKET

1.

For the 2001/02 and 2002/03 marketing years:

CHAPTER 1

PRICES

Article 2

For the 2001/02 and 2002/03 marketing years, for white

1.
sugar:

(a) the intervention price shall be EUR 63.19/100 kg,

(a) the minimum price for A beet shall be EUR 46.72 per

tonne;

(b) subject to Article 15(5), the minimum price for B beet shall

be EUR 32.42 per tonne.

2.
For areas for which a derived intervention price is fixed
for white sugar, the minimum prices for A beet and B beet
to the difference
shall be increased by an amount equal
area
the
between the
concerned and the intervention price, such amount being
adjusted by the coefficient 1.30.

intervention price

derived

for

(b) a derived intervention price shall be fixed each year for

each of the deficit areas.

Article 5

For the 2001/02 and 2002/03 marketing years, the inter-

2.
vention price for raw sugar shall be EUR 52.37/100 kg.

Where it is necessary to market raw sugar produced in a deficit
area, a derived intervention price may be fixed for such sugar.

3.
The intervention 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 be valid for white sugar and raw sugar of
standard quality described in Annex I.

the

4.
Acting in accordance with the procedure referred to in
Article 42(2), the Commission shall fix derived intervention
prices for white sugar each year, and for raw sugar when
necessary.

Derived intervention prices shall be fixed taking account of the
costs of transporting sugar from surplus areas to deficit areas.

The Commission may amend Annex I in accordance with the
same procedure.

Article 3

1. Without prejudice to Article 21 and the provisions
adopted under Article 14, sugar manufacturers buying beet:

(a) suitable for processing into sugar,

and

(b) intended for processing into sugar,

shall be required to pay at least a minimum price, adjusted by
price increases or reductions to allow for deviations from the
standard quality.

The minimum price referred to in paragraph 1 shall

2.
correspond:

(a) in non-deficit areas, to:

(cid:151) the minimum price for A beet, in the case of beet to be

processed into A sugar,

(cid:151) the minimum price for B beet, in the case of beet to be

processed into B sugar;

(b) in deficit areas:

(cid:151) the minimum price for A beet adjusted in accordance
with Article 4(2), in the case of beet to be processed
into A sugar,

(cid:151) the minimum price for B beet adjusted in accordance
with Article 4(2), in the case of beet to be processed
into B sugar.

For the 2001/02 and 2002/03 marketing years, the basic
1.
price for beet of the standard quality shall be EUR 47.67 per
tonne delivered to the collection centre.

Detailed rules for applying this Article, as well as the
3.
price increases and reductions, shall be adopted in accordance
with the procedure referred to in Article 42(2).

The standard quality for beet shall be as described in Annex II.

2.
The Commission may amend Annex II
with the procedure referred to in Article 42(2).

in accordance

Article 6

1.
Agreements within the trade and contracts concluded
between buyers and sellers of beet must conform to the
standard provisions set out in Annex III hereto, in particular
as regards the conditions governing the purchase, delivery,
taking over and payment of beet.

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The terms for buying sugar cane shall be governed by
2.
agreements within the trade concluded between Community
sugar-cane producers and Community sugar manufacturers.

If the supply of refineries so requires, raw sugar manufactured
from beet harvested in the Community may qualify for
measures as referred to in the first subparagraph.

The terms for buying the agricultural raw materials for the
manufacture of inulin syrup shall be governed by agreements
within the trade between Community growers of those raw
materials and inulin syrup producers.

3.
If necessary, detailed rules for applying paragraphs 1 and
2 shall be adopted in accordance with the procedure referred
to in Article 42(2).

For the purposes of this Article, (cid:145)refinery(cid:146) means a production
unit whose sole activity consists in refining either raw sugar or
syrups produced prior to the crystallising stage.

5.
Detailed rules for applying this Article shall be adopted in
accordance with the procedure referred to in Article 42(2),
covering in particular:

(cid:151) the minimum quality and quantity requirements for inter-

vention,

4.
If no agreements within the trade exist, the Member State
concerned may take the necessary steps under this Regulation
to protect the interests of the parties concerned.

(cid:151) the price increases and reductions applicable on inter-

vention,

inform the Commission
The Member State concerned shall
without delay of measures taken under the first subparagraph.

intervention agencies,

(cid:151) the procedures and requirements for taking over by the

Article 7

1.
Throughout the marketing year, and subject to conditions
to be determined in accordance with paragraphs 5 and 6, the
intervention agency designated by each sugar-producing
Member State shall be required to buy in any white and raw
sugar offered to it which has been manufactured from beet and
cane harvested in the Community, provided a storage contract
has first been concluded between the seller and the inter-
vention agency for the sugar concerned.

Intervention agencies shall buy in at the intervention price or
the derived intervention price, as the case may be, valid for the
area in which the sugar is located at the time of buying in. If
the quality of the sugar differs from the standard quality for
which the intervention price was fixed, then this price shall be
increased or reduced accordingly.

(cid:151) the conditions for granting premiums and the amounts of

such premiums,

(cid:151) the conditions for granting production refunds and the

amounts of such refunds,

(cid:151) the measures referred to in paragraph 4.

Article 8

Where Article 31 is applied to help ensure supplies to the
Community or one of
the Commission shall
its regions,
adopt special
intervention measures in accordance with the
procedure referred to in Article 42(2).

Such measures may not result in Community sugar manu-
facturers being obliged to sell sugar to intervention agencies.

2.
It may be decided to grant premiums for sugar in one of
the situations referred to in Article 23(2) of the Treaty which is
rendered unfit for human consumption.

Article 9

Intervention agencies may sell sugar only at a price which

1.
is higher than the intervention price.

3.
It may be decided to grant production refunds on the
products listed in Article 1(1)(a),(f) and (h) and on the syrups
listed in Article 1(1)(d), where these fall within one of the
situations referred to in Article 23(2) of the Treaty and are
used to manufacture certain products of the chemical industry.

It may, however, be decided that intervention agencies may sell
sugar at a price equal to or lower than the intervention price if
the sugar is intended:

(cid:151) for use as animal feed, or

4.
Appropriate measures shall be taken concerning the
transport costs of sugar produced in the French overseas
departments and, where applicable,
storage in those
departments.

its

(cid:151) for export, either without

further processing or after
processing into the products listed in Annex I
to the
Treaty or into the goods listed in Annex V to this Regu-
lation.

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the Community,

However, notwithstanding paragraph 1, it may be decided
2.
that intervention agencies are to make unprocessed sugar held
by them available, for human consumption on the internal
to charitable organisations (cid:151)
market of
concerned or by the
recognised by the Member State
Commission in cases where a Member State has not recognised
any such organisations (cid:151) at a price which is lower than the
intervention price, or free of charge, for free distribution as
part of individual emergency aid operations.

The basic quantities for the production of A and B sugar,
2.
isoglucose and inulin syrup shall be those fixed in Article 11(2).

The guarantees for the disposal of sugar, isoglucose and
3.
inulin syrup produced under quota may be reduced for one or
more marketing
to comply with the
in order
Community’s commitments under the Agricultural Agreement
concluded under Article 300(2) of the Treaty.

years

Detailed rules for applying this Article and decisions to
3.
make sugar available under paragraph 2 shall be adopted in
accordance with the procedure referred to in Article 42(2).

CHAPTER 2

QUOTAS

Article 10

Chapter 2 shall apply to the 2001/02 and 2002/03

1.
marketing years.

show that

storage, carryovers,

4.
For the purposes of applying paragraph 3, the guaranteed
quantity under quotas shall be fixed before 1 October for each
marketing year on the basis of forecasts relating to production,
imports, consumption,
the exportable
balance and the average loss likely to be borne by the self-
If
financing scheme within the meaning of Article 15(1)(d).
the
these forecasts
marketing year in question is greater than the maximum laid
down in the Agreement, then the guaranteed quantity shall be
reduced by the difference in accordance with the procedure
referred to in Article 42(2). This difference shall be split
between sugar, isoglucose and inulin syrup according to the
percentage represented by the sum of each product’s A and B
quotas for the entire Community.
then be further
broken down by Member State and by product by applying
the relevant coefficient as set out in the table below:

the exportable balance for

It shall

1

2

3

Regions

Coefficient applicable to sugar
expressed as white sugar

Coefficient applicable to iso-
glucose in
dry matter

Coefficient applicable to inulin
syrup as
sugar/isoglucose equivalent

A sugar

B sugar

A isoglucose

B isoglucose

A inulin syrup B inulin syrup

BLEU (1)

Denmark

Germany

Greece

Spain

0.046201

0.009920

0.225547

0.062024

0.556265

0.130955

0.027206

0.008015

(cid:151)

(cid:151)

0.224812

0.069174

0.104246

0.024551

0.012352

0.001235

0.037978

0.008944

0.026459

0.001102

0.166138

0.017721

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

France (metropolitan) (2)

0.213231

0.063239

0.061081

0.015898

0.058922

0.013847

French overseas depts. (2)

0.019298

0.002063

0.007752

0.000775

0.082491

0.015514

0.059803

0.014083

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

Ireland

Italy

Netherlands

0.053393

0.014083

0.026804

0.006313

0.194365

0.045646

Portugal (mainland)

0.002323

0.000232

0.029213

0.006880

Portugal
region of the Azores)

(the autonomous

0.000387

0.000039

(cid:151)

(cid:151)

United Kingdom

0.044297

0.004430

0.084713

0.022596

Austria

Sweden

Finland

0.022673

0.005292

0.014327

0.001433

(cid:151)

(cid:151)

(cid:151)

(cid:151)

0.005683

0.000568

0.023151

0.002316

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(1) Belgo-Luxembourg Economic Union.
(2) Under the second subparagraph of Article 12(3).

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The Member State shall then allocate the difference corre-
5.
sponding to it among the producer undertakings established in
its territory on the basis of the ratio between their A and B
quotas for the product in question and the basic quantity A
and the basic quantity B for the Member State for that product.

Sugar, isoglucose and inulin syrup produced in excess of the
quantity guaranteed shall be treated as C sugar, C isoglucose
and C inulin syrup.

6.
Detailed rules for applying this Article, in particular for
reducing the guaranteed quantity and, where applicable,
adjusting that quantity with a view to fixing the guaranteed
quantity for the following marketing year, shall be adopted in
accordance with the procedure referred to in Article 42(2).

2. Basic quantities B

Regions

(a) Basic quantity
B for sugar (1)

(b) Basic
quantity B for
isoglucose (2)

-
(c) Basic quantity
B for inulin
syrup (3)

Denmark

Germany

Greece

Spain

95 745.5

803 982.2

28 863.8

(cid:151)

6 745.8

2 457.5

39 878.5

7 959.4

(cid:151)

(cid:151)

(cid:151)

(cid:151)

France (metropolitan)

752 259.5

4 098.6

4 674.2

Article 11

1.
Under the terms of this Chapter, the Member States shall
allocate an A and B quota to each undertaking producing
sugar, each undertaking producing isoglucose and each under-
taking producing inulin syrup established in its territory and
provided with an A and B quota during the 2000/01 marketing
year.

France overseas
departments

Ireland

Italy

Netherlands

Austria

46 372.5

18 114.5

(cid:151)

(cid:151)

246 539.3

3 869.8

(cid:151)

(cid:151)

(cid:151)

180 447.1

1 734.5

15 430.5

73 297.5

(cid:151)

2.
For the purposes of allocating the A and B quotas
referred to in paragraph 1, the basic quantities shall be fixed
as follows:

Portugal (mainland)

6 338.0

1 890.3

The autonomous region
of the Azores

904.8

(cid:151)

1. Basic quantities A

Finland

Sweden

13 280.4

1 079.7

33 478.0

(cid:151)

Regions

(a) Basic quantity
A for sugar (1)

(b) Basic
quantity A for
isoglucose (2)

-
(c) Basic quantity
A for inulin
syrup (3)

Denmark

Germany

Greece

Spain

325 000.0

(cid:151)

2 612 913.3

28 643.3

288 638.0

10 435.0

957 082.4

74 619.6

(cid:151)

(cid:151)

(cid:151)

(cid:151)

France (metropolitan)

2 506 487.4

15 747.1

19 847.1

French overseas
departments

Ireland

Italy

Netherlands

Austria

463 872.0

181 145.2

(cid:151)

(cid:151)

1 310 903.9

16 432.1

(cid:151)

(cid:151)

(cid:151)

684 112.4

7 364.6

65 519.4

314 028.9

(cid:151)

Portugal (mainland)

63 380.2

8 027.0

The autonomous region
of the Azores

9 048.2

(cid:151)

Finland

Sweden

Belgium/Luxembourg
Economic Union

132 806.3

10 792.0

334 784.2

(cid:151)

674 905.5

56 150.6

174 218.6

United Kingdom

1 035 115.4

21 502.0

(cid:151)

(1) In tonnes of white sugar.
(2) In tonnes of dry matter.
(3) In tonnes of dry matter sugar/isoglucose equivalent.

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

Belgium/Luxembourg
Economic Union

144 906.1

15 441.0

41 028.2

United Kingdom

103 511.5

5 735.3

(cid:151)

(1) In tonnes of white sugar.
(2) In tonnes of dry matter.
(3) In tonnes of dry matter sugar/isoglucose equivalent.

3. Without prejudice to Article 10(3), (4), (5) and (6) and
Article 12, the A and B quotas of undertakings producing
sugar, undertakings producing isoglucose and undertakings
producing inulin syrup shall be those assigned by the
Member States
the 2000/01 marketing year before
application of Article 26(5) of Regulation (EC) No 2038/1999,
adjusted according to the basic quantities fixed in paragraph 2
in accordance with the procedure laid down in Article 10(5).

for

Detailed rules for implementing this Article shall be
4.
adopted, as the need arises, in accordance with the procedure
referred to in Article 42(2).

Article 12

1. Member States may transfer A and B quotas between
undertakings in accordance with this Article and taking into
consideration the interests of each of the parties concerned,
particularly sugar beet and cane producers.

The first subparagraph shall not apply to inulin syrup.

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

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2. Member States may reduce the A and B quotas of each
sugar-producing undertaking or isoglucose-producing under-
taking established in their territories by no more than 10 %
of the A quota or the B quota, as the case may be, fixed for
each undertaking under Article 11.

the amount provided for in paragraph 3 of this Article being
levied.

Detailed rules for applying this Article shall be adopted in

3.
accordance with the procedure referred to in Article 42(2).

The 10 % limit referred to in the first subparagraph shall not
apply in Italy, Spain and the French overseas departments in
cases where quotas are transferred under restructuring plans in
the beet, cane and sugar sectors in the region concerned and to
the extent necessary to permit such plans to be implemented.

These rules shall provide in particular for a charge to be levied
on C sugar, C isoglucose and C inulin syrup as referred to in
paragraph 1 for which no proof has been supplied, by a date
to be determined, that it has been exported without further
processing within the time laid down.

Restructuring plans and the ensuing measures affecting the A
and B quotas shall be communicated to the Commission
without delay.

3.
The quantities of A quotas and B quotas thus withdrawn
shall be allocated by the Member States to one or more other
undertakings, whether or not in possession of a quota, situated
in the same region, within the meaning of Article 11(2), as the
undertakings from which those quantities were withdrawn.

Nevertheless, France may reduce the A quotas of undertakings
established in its overseas departments, as fixed under Article
11, by not more than 30 000 tonnes of white sugar and may
reallocate the quantities thus withdrawn to one or more other
undertakings established in metropolitan France. The A quota
of each undertaking concerned may not be less after reduction
than the average quantity of sugar it produced under its quota
as recorded in each of the 1977/78, 1978/79 and 1979/80
marketing years.

Annex IV lays down detailed rules on adjusting quotas in

4.
the event of mergers and transfers of undertakings.

5.
Detailed rules for applying this Article shall be adopted as
necessary in accordance with the procedure referred to in
Article 42(2).

Article 13

1.
C sugar not carried forward under Article 14, C iso-
glucose and C inulin syrup may not be disposed of on the
Community’s internal market and must be exported without
further processing before 1 January following the end of the
marketing year concerned.

Article 14

1.
Each undertaking may decide to carry forward all or part
of the sugar it has produced in excess of its quota to the next
marketing year to be treated as part of that year’s production.
That decision shall be irrevocable.

Each undertaking may decide to carry forward all or part of its
production of A sugar and B sugar which has become C sugar
after application of Article 10(3), (4), (5) and (6) to the next
marketing year to be treated as part of that year’s production.
That decision shall also be irrevocable. Furthermore, it shall not
be subject to any limit that may be laid down under paragraph
4 of this Article.

Undertakings which take the decision referred to in

2.
paragraph 1 shall:

(cid:151) inform the Member State concerned, before 1 February, of
the quantity or quantities of sugar being carried forward,
and

(cid:151) undertake to store such quantity or quantities for a period
of 11 consecutive months from a date to be determined.

However, the date of 1 February referred to in the first indent
of the first subparagraph shall be replaced:

(a) for undertakings established in Spain, by 15 April in the
case of beet-sugar production and 20 June in the case of
cane-sugar production;

(b) for undertakings established in the United Kingdom, by

15 February.

Articles 7, 27 and 33 shall not apply to C sugar, C isoglucose
and C inulin syrup.

(c) for undertakings

established in the

French overseas

departments of Guadeloupe and Martinique, by 1 May.

2.
Exceptionally, and to the extent necessary to guarantee
the Community’s sugar supplies, it may be decided that Article
33 shall apply to C sugar. In that event, it shall be decided at
the same time that the entire quantity of C sugar concerned
may be definitively disposed of on the internal market without

If an undertaking’s definitive production in the marketing year
concerned was less than the estimate made when the decision
to carry forward was taken, then the quantity carried forward
may be adjusted retroactively before 1 August of the following
marketing year.

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Should a natural disaster such as drought or flooding
3.
strike a Community region, it may be decided, in accordance
with the procedure referred to in Article 42(2), to reduce the
period of compulsory storage referred to in the second indent
of the first subparagraph of paragraph 2 for a quantity of sugar
sufficient to ensure the normal supply of the affected region.

Detailed rules

4.
for applying this Article, which may
restrict the quantities of sugar which may be carried forward,
shall be adopted in accordance with the procedure referred to
in Article 42(2).

(b) the average loss or revenue per tonne of sugar resulting
from the total export obligations concerned, calculated
using the method described in the second subparagraph
of paragraph 1(d) above;

(c) the overall

loss or revenue, obtained by multiplying the
surplus referred to in (a) by the average loss or revenue
referred to in (b);

(d) the sum total of the basic production levies and the B levies

charged.

These rules shall provide, in particular, for a charge to be levied
on any sugar from the quantity to be stored under the second
indent of
the first subparagraph of paragraph 2 which is
disposed of during the compulsory storage period.

The estimate of overall loss or revenue referred to in paragraph
1(e) shall be adjusted by the difference between the amounts
referred to in (c) and (d).

Article 15

Before the end of each marketing year, the following shall

1.
be recorded:

(a) a forecast of the production of A and B sugar, A and B
isoglucose and A and B inulin syrup attributable to the
marketing year concerned;

(b) a forecast of the quantities of sugar, isoglucose and inulin
syrup disposed of for consumption within the Community
during the marketing year concerned;

loss,

in a foreseeable overall

3. Without prejudice to Article 18(1), should the figures
recorded under paragraph 1 and adjusted under paragraph 2
result
loss shall be
divided by the estimated production of A and B sugar, A and
B isoglucose and A and B inulin syrup attributable to the
current marketing year. The
shall be
charged to manufacturers as a basic production levy on their
production of A and B sugar, A and B isoglucose and A and B
inulin syrup.

resulting amount

then that

However, this levy shall not exceed:

(cid:151) for sugar, 2 % of the intervention price for white sugar,

(c) the exportable surplus obtained by subtracting the quantity
referred to in (b) from the quantity referred to in (a);

(cid:151) for inulin syrup, expressed as sugar/isoglucose equivalent by
applying a coefficient of 1.9, the maximum amount payable
on white sugar, and

(d) an estimate of the average loss or revenue per tonne of
sugar for export obligations to be fulfilled during the
current marketing year.

(cid:151) for isoglucose, the share of the basic production levy borne

by sugar manufacturers.

This average loss or revenue shall be equal to the difference
between the total amount of refunds and the total amount
tonnage of export obligations in
of
question;

levies on the total

(e) an estimate of overall loss or revenue, obtained by multi-
plying the surplus referred to in (c) by the average loss or
revenue referred to in (d).

Before the end of

the 2002/03 marketing year and
2.
without prejudice to Article 10(3),
the
following shall be recorded cumulatively for the 2001/02 and
2002/03 marketing years:

(5) and (6),

(4),

(a) the exportable surplus established on the basis of

the
definitive production of A and B sugar, A and B isoglucose
and A and B inulin syrup and the definitive quantity of
sugar,
for
consumption within the Community;

and inulin syrup disposed of

isoglucose

the overall

Should the maximum permitted basic production levy
4.
not
referred to in the first
loss
fully cover
subparagraph of paragraph 3, the balance not covered shall
be divided by the estimated production of B sugar, B isoglucose
and B inulin syrup attributable to the marketing year in
question. The resulting amount shall be charged to manu-
facturers as a B levy on their production of B sugar, B iso-
glucose and B inulin syrup.

However, subject to paragraph 5, this levy shall not exceed:

(cid:151) for B sugar, 30 % of the intervention price for white sugar,

(cid:151) for B inulin syrup, expressed as sugar/isoglucose equivalent
by applying a coefficient of 1.9, the maximum amount
payable on B white sugar, and

(cid:151) for B isoglucose, the share of the B levy borne by sugar

manufacturers.

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5. Where the figures recorded under paragraph 1 suggest
that the foreseeable overall loss for the current marketing year
is unlikely to be covered by the expected proceeds from the
levies because of the ceilings on the basic production levy and
the B levy fixed in paragraphs 3 and 4, then the maximum
percentage referred to in the first indent of paragraph 4 shall
be adjusted to the extent necessary to cover the overall loss,
without exceeding 37.5 %.

The revised maximum percentage for the B levy shall be fixed
for the current marketing year before 15 September. The
minimum price for B beet referred to in Article 5(4)(b) shall
be adjusted accordingly.

The manufacturers concerned shall pay the additional
3.
levy before 15 December following the marketing year for
which it is due.

Sugar manufacturers may recover part of the additional
levy
thus charged to them from sellers of Community-produced
cane or beet, as the case may be. The amount thus recovered
may not exceed the maximum amount contributed by the beet
and cane sellers towards the basic production levy and the B
levy, provided for in Article 15, for the marketing year in
question multiplied
in
paragraph 2 of this Article.

coefficient

referred

the

by

to

All

6.
the losses resulting from the grant of production
refunds under Article 7(3) shall be taken into account when
calculating the overall loss referred to in paragraph 1(e).

The amount referred to in the second subparagraph shall be
recovered on beet delivered during the marketing year in
question. However, the parties concerned may agree that the
refund shall be recovered on beet delivered during the
following marketing year.

The levies referred to in this Article shall be collected by

7.
the Member States.

Detailed rules for applying this Article shall be adopted in
8.
accordance with the procedure referred to in Article 42(2), and
shall cover in particular:

(cid:151) the amounts of the levies to be collected,

(cid:151) the revised maximum percentage for the B levy,

(cid:151) the adjusted minimum price for B beet corresponding to

the revised maximum percentage for the B levy.

Article 16

1. Where the overall loss recorded for a particular marketing
year under Article 15(1) and (2) is not fully covered by the
proceeds from the production levies for that marketing year
after application of Article 15(3), (4) and (5), an additional levy
shall be charged to manufacturers, without prejudice to Article
4, to cover the outstanding balance of the overall loss.

The proceeds from the additional
shall be

4.
paragraph 1 of
included for
purposes of the information recorded under Article 15(2).

levy referred to in
the

this Article

5.
Detailed rules for applying this Article, in particular the
coefficient referred to in paragraph 2, shall be adopted in
accordance with the procedure referred to in Article 42(2).

Article 17

1. Manufacturers of inulin syrup may recover part of the
basic production levies, B levies and additional levies charged
to them from the sellers of the agricultural raw material used
to manufacture such inulin syrup. The amount thus recovered
may not exceed the amount borne by the beet growers for the
it shall be fixed by agreements
marketing year concerned;
within the trade or by contracts on the basis of the purchase
price of the agricultural raw material delivered for the manu-
facture of inulin syrup during the marketing year in question.

2.
Detailed rules for applying paragraph 1 shall be adopted
as necessary, in accordance with the procedure referred to in
Article 42(2).

2.
The additional levy shall be determined for each sugar-
producing undertaking, each isoglucose-producing undertaking
and each inulin syrup-producing undertaking by multiplying
the total sum due from the undertaking by way of production
levies for the marketing year concerned by a coefficient to be
determined. That coefficient shall be the ratio for the entire
Community, reduced by 1, between the overall loss recorded
under Article 15(1) and (2) for the marketing year concerned
and the proceeds from the basic production levies and B levies
due from manufacturers of sugar, isoglucose and inulin syrup,
respectively, for that marketing year.

Article 18

If, after Articles 15 and 16 have been applied to the
it is found that the actual overall

1.
2000/01 marketing year,
loss for that marketing year:

(a) is not fully covered by the proceeds of the production levy
and, if applicable, the additional levy, the resulting financial
burden shall be added to the estimate of overall
loss
referred to in Article 15(1)(e)
the marketing year
concerned;

for

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(b) is less than the proceeds of the production levies and, if
the difference shall be
applicable,
the additional
loss or added to
deducted from the estimate of overall
the estimate of overall
revenue, as the case may be,
resulting from applying Articles 15 and 16 to the
marketing year concerned.

levy,

lower

2. When the basic production levy is
than the
maximum amount referred to Article 15(3) or when the B
referred to in
levy is lower
than the maximum amount
Article 14(4), adjusted, where necessary,
in accordance with
Article 15(4), sugar manufacturers shall be required to pay
the beet sellers 60 % of the difference between the maximum
the levy concerned and the amount actually
amount of
charged.

The amount to be paid per tonne of beet shall be fixed for the
standard quality.

The price increases and reductions referred to in Article 5 shall
apply to this amount.

3.
Community sugar manufacturers may recover 60 % of
the levy concerned from the sellers of cane produced in the
Community on the quantity of sugar for which the levy was
charged.

4. Member States
provided by the sugar manufacturers that
the beet complies with the relevant Community rules.

information
the payment for

from the

ensure

shall

Detailed rules for applying this Article shall be adopted in

5.
accordance with the procedure referred to in Article 42(2).

The Member States may require additional information.

2.
Notwithstanding Article 5(2)(b), sugar manufacturers who
have not signed pre-sowing delivery contracts for a quantity of
beet equal to their A quota at the minimum price for A beet
shall be required to pay at least this minimum price for all the
beet they process into sugar.

Agreements within the

3.
from
paragraphs 1 and 2 provided the Member State concerned
agrees.

trade may derogate

The general rules for applying this Article are set out in

4.
Annex III.

5.
Detailed rules for applying this Article and, if necessary,
the criteria to be applied by manufacturers when allocating
among beet sellers the quantities of beet to be covered by
pre-sowing contracts within the meaning of paragraph 1,
shall be adopted in accordance with the procedure referred
to in Article 42(2).

Article 20

1.
It may be decided that sugar or isoglucose used for the
manufacture of certain products shall not be considered as
production within the meaning of this Chapter.

2.
Detailed rules for applying this Article, in particular the
exceptions referred to in paragraph 1, shall be adopted in
accordance with the procedure referred to in Article 42(2).

Article 19

Article 21

In contracts for the delivery of beet for the manufacture
1.
of sugar, a distinction shall be made according to whether the
quantities of sugar to be manufactured from the beet are:

Sugar manufacturers may buy beet with which to manu-
1.
facture C sugar or the sugar referred to in Article 20 at a price
lower than the minimum prices for beet fixed in Article 4(1).

(a) A sugar,

(b) B sugar,

(c) sugar other than A and B sugar.

the
Each sugar-manufacturing undertaking shall provide
Member State in which it produces sugar with the following
information:

(cid:151) the quantities of beet referred to at (a) for which they have
concluded pre-sowing contracts and the sugar content on
which those contracts are based, and

(cid:151) the corresponding estimated yield.

For the quantity of beet purchased corresponding to the

2.
quantity of sugar:

(cid:151) disposed of on the internal market under Article 13(3), or

(cid:151) carried forward to the following marketing year under

Article 14,

the sugar manufacturers concerned shall, where appropriate,
adjust the purchase price so that it is at least equal to the
minimum price for A beet.

3.
Detailed rules for applying this Article shall be adopted as
necessary in accordance with the procedure referred to in
Article 42(2).

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TITLE II

(cid:151) is higher that the intervention price for the product, in the

TRADE WITH THIRD COUNTRIES

case of raw sugar,

CHAPTER 1

GENERAL RULES

Article 22

Imports into and exports from the Community of any of
1.
the products listed in Article 1(1)(a),(b),(c),(d),(f),(g) and (h) shall
be subject to presentation of an import or export licence.

The Member States shall issue licences to all applicants, irres-
pective of where they are established in the Community and
without prejudice to measures taken to apply of Articles 26
and 27.

licences shall be valid throughout

Import and export
the
Community. Such licences shall be issued provided a security
the products are imported or
is lodged to guarantee that
exported during the term of validity of the licence; except in
cases of force majeure, the security shall be forfeit in whole or in
part if import or export is not carried out, or is carried out
only partially, within that period.

(cid:151) in the case of molasses, is higher than the price of molasses
used to calculate revenue from sales of molasses by sugar
manufacturers for the purposes of fixing the basic price for
beet for the marketing year concerned.

Article 24

1.
In order to prevent or counteract any adverse effects on
the Community market caused by imports of certain agri-
cultural products,
imports of one or more of such products
at the rate of duty laid down in the common customs tariff
shall be subject to payment of an additional import duty if the
conditions in Article 5 of
the Agreement on Agriculture
concluded under Article 300 of the Treaty in the framework
of the Uruguay Round of multilateral trade negotiations are
met, unless
are unlikely to disturb the
Community market, or where the effects would be dispropor-
tionate to the intended objective.

such imports

2.
The trigger prices below which an additional duty may be
imposed shall be those forwarded by the Community to the
World Trade Organisation.

In accordance with the procedure referred to in Article

2.
42(2):

(a) the arrangements provided for in 1 may be extended to

cover the products listed in Article 1(1)(e);

The trigger volumes which must be exceeded in order for an
additional import duty to be imposed shall be determined in
particular on the basis of imports into the Community during
the three years preceding the year in which the adverse effects
referred to in paragraph 1 arise or are likely to arise.

(b) detailed rules shall be adopted for applying this Article,
licences

including in particular the term of validity of
and, if necessary, a time limit for the issue of licences.

The import prices to be taken into consideration for
import duty shall be determined on
the consignment
import prices of

3.
imposing an additional
the basis of
the cif
concerned.

Article 23

Unless this Regulation provides otherwise, the rates of
shall apply to the

1.
duty in the common customs
products listed in Article 1.

tariff

that

to ensure

Notwithstanding paragraph 1,

2.
the
Community market is adequately supplied with raw sugar for
refining falling within CN codes 1701 11 10 and 1701 12 10
and molasses falling within CN code 1703 by means of
imports from third countries, the Commission may suspend
in whole or in part the application of import duties on these
products and lay down the detailed rules
for any such
suspension in accordance with the procedure laid down in
Article 42(2).

The cif import prices shall be checked for this purpose against
the representative prices for the product in question on the
world market or on the Community import market for the
product.

4.
The Commission shall adopt detailed rules for applying
this Article in accordance with the procedure referred to in
Article 42(2). Such detailed rules shall specify in particular:

(a) the products to which additional

import duties may be
applied under the terms of Article 5 of the Agreement
on Agriculture;

Suspension may apply during periods when the price on the
world market plus the import duty in the common customs
tariff:

(b) the other trigger criteria necessary to ensure that paragraph
1 is correctly applied in accordance with Article 5 of that
Agreement.

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For molasses:

Article 25

(b) recognition of the document used for verifying the guar-

antees referred to in (a), and

(cid:151) the world market price referred to in Article 23(2),

(c) the conditions under which import licences are issued and

their term of validity.

and

(cid:151) the representative price referred to in Article 24(3),

shall apply to a standard quality.

The standard quality may be laid down in accordance with the
procedure referred to in Article 42(2).

Article 26

1.
Tariff quotas for the products listed in Article 1 resulting
from agreements concluded in the framework of the Uruguay
Round of multilateral trade negotiations shall be opened and
administered under detailed rules adopted in accordance with
the procedure referred to in Article 42(2).

Quotas shall be administered by one or more of

2.
following methods:

the

(cid:151) a method based on the chronological order

in which

applications are lodged ((cid:145)first come, first served(cid:146)),

(cid:151) a method of distribution in proportion to the quantities
requested when the applications are lodged (the (cid:145)simul-
taneous examination(cid:146) method),

(cid:151) a method whereby traditional trade patterns are taken into

account (the (cid:145)traditional/new arrivals(cid:146) method).

Other appropriate methods may be adopted.

They must avoid any discrimination between the importers
concerned.

3. Whichever administration method is adopted shall give
due weight to the Community’s supply requirements and the
need to safeguard market equilibrium, but may also draw on
methods used to administer quotas in the past such as those
referred to in paragraph 1, without prejudice to the rights
arising from agreements concluded in the framework of the
Uruguay Round negotiations.

4.
The detailed rules referred to in paragraph 1 shall provide
for annual quotas, if necessary suitably staggered over the year,
shall specify the administrative method to be used and, where
appropriate, shall include:

Article 27

to be exported without

To the extent necessary to enable the products listed in
1.
Article 1(1)(a),(c) and (d)
further
processing or in the form of goods listed in Annex V, on the
basis of world market quotations or prices in the case of
products listed in Article 1(1)(a) and (c), and within the
limits
resulting from agreements concluded in accordance
with Article 300 of the Treaty, the difference between such
quotations or prices and prices in the Community may be
covered by export refunds.

The export refund for raw sugar may not exceed that granted
for white sugar.

Provision may be made for export refunds to be granted
2.
on the products listed in Article 1(1)(f),
(g) and (h) and
exported without further processing or in the form of goods
listed in Annex V.

The amount of the refund per 100 kg of dry matter shall be
fixed taking particular account of:

(a) the refund applicable to exports of products falling within

CN code 1702 30 91,

(b) the refund applicable to exports of the products listed in

Article 1(1)(d),

(c) the economic aspects of the planned exports.

3.
Refunds on the products listed in Article 1 exported in
the form of goods listed in Annex V may not be higher than
those applicable to the same products exported without further
processing.

The method adopted for allocating the quantities which

4.
may be exported with a refund shall be the one which:

(a) is most suited to the type of product and market situation
concerned, allowing the most efficient possible use of the
resources available in view of the efficiency and structure of
Community exports but without discriminating between
large and small exporters;

(b) is least cumbersome administratively for exporters without

neglecting administrative requirements;

(a) guarantees covering the nature, provenance and origin of

the product,

(c) does not discriminate between exporters.

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Refunds shall be the same for the whole Community.
5.
They may vary according to destination, where the world
market
the specific requirements of certain
situation or
markets make this necessary.

Paragraphs 7 and 8 may be extended to cover products
9.
listed in Article 1 and exported in the form of goods listed in
Annex V in accordance with the procedure laid down in
Article 16 of Regulation (EC) No 3448/93.

Refunds shall be fixed in accordance with the procedure
referred to in Article 42(2). Refunds may be fixed:

(a) at regular intervals;

10.
Paragraphs 7 and 8 may be waived in the case of
products listed in Article 1 on which refunds are paid under
food-aid operations, in accordance with the procedure referred
to in Article 42(2).

(b) by tendering procedure for products
procedure has been used in the past.

for which that

11.

The refund shall be paid upon proof that:

(cid:151) the products have been exported from the Community,

Refunds fixed at regular intervals may, where necessary, be
adjusted in the intervening period by the Commission at the
request of a Member State or on its own initiative.

and

Tenders submitted in response to an invitation shall not be
considered unless a security is lodged. Except in cases of force
majeure, the securities shall be forfeit in whole or in part if
tenderers have not fulfilled, or have only partially fulfilled,
their obligations under the tendering procedure.

In the case of undenatured products listed in Article 1(1)(a),(c)
and (d) exported without further processing, Articles 28, 29
and 30 shall also apply.

6. When fixing the amount of the refund, account shall be
taken in particular of the need to strike a balance between the
use of Community basic products for export as processed
goods to third countries and the use of products from these
countries admitted for inward processing.

(cid:151) in the case of a differentiated refund, the products have
licence or
reached the destination indicated on the
another destination for which a refund has been fixed,
without prejudice to point (b) in the first subparagraph of
paragraph 8. Exceptions may be made to this rule in
accordance with the procedure referred to in Article
42(2), provided conditions are laid down which offer
equivalent guarantees.

Additional rules may be laid down in accordance with the
procedure referred to in Article 42(2).

No refund shall be granted on undenatured products as
further

12.
referred to in Article 1(1)(a)
processing unless, as the case may be, they have been:

exported without

Refunds shall be granted on the products referred to in
7.
further processing only on
paragraph 1 exported without
application and on presentation of the relevant export licence.

(a) obtained from sugar beet or sugar cane harvested within

the Community,

8.
The refund applicable to exports of products listed in
Article 1 exported without further processing shall be that
applicable on the day the licence application is lodged and,
in the case of a differentiated refund, that applicable on the
same day:

(a) for the destination indicated on the licence,

or

(b) for the actual destination, if it differs from the destination
indicated on the licence. In that case the amount applicable
may not exceed the amount applicable to the destination
indicated on the licence.

Appropriate measures may be taken to prevent abuse of the
flexibility provided for in this paragraph.

(b) imported into the Community under Article 35,

(c) obtained from one of the products imported under Article

35.

13.
No refund shall be granted on undenatured products as
referred to in Article 1(c) and (d) exported without further
processing which are not of Community origin or which
imported into the
have not been obtained from sugar
Community under paragraph 12(b) or
from the products
referred to in paragraph 12(c).

14.
Compliance with the restrictions on volume resulting
from agreements concluded under Article 300 of the Treaty
shall be ensured by means of export licences issued for the
reference periods provided for in such agreements and applying
to the products concerned.

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for

unallocated

redistributing

The detailed rules for applying this Article, including the
15.
arrangements
unused
exportable quantities and for amending Annex I, shall be
adopted in accordance with the procedure referred to in
applying
Article 42(2). However,
paragraph 6 in the case of products as referred to in Article
1 exported in the form of goods listed in Annex V shall be
adopted in accordance with the procedure laid down in Article
16 of Regulation (EC) No 3449/93.

the detailed rules

for

or

Article 28

1.
This Article shall apply to the fixing of refunds on unde-
natured products as referred to in Article 1(1)(a) exported
without further processing.

2. Where refunds for products as referred to in Article
1(1)(a) are fixed at regular intervals:

(a) the refunds shall be fixed every two weeks.

However, such fixing may be discontinued in accordance
with the procedure referred to in Article 42(2) if it is found
that no surplus sugar is available in the Community for
export at world market prices. In that event, no refund
shall be granted;

(b) when fixing the refund, account shall be taken of

the
situation on the Community and world markets in sugar,
and in particular the following:

(cid:151) the

for white

intervention price

the
Community area with the largest surplus or the inter-
vention price for raw sugar for the Community area
which is considered to be representative for the expor-
tation of such sugar,

sugar

for

(cid:151) the costs of transporting sugar from the areas referred
to in the first indent to ports or other points of export
in the Community,

(cid:151) trade expenses and any transhipment,

transport and
packaging charges incurred in marketing sugar on the
world market,

(a) the purpose of the tender shall be to determine the amount

of the refund;

(b) the competent authorities of the Member States shall invite
tenders in accordance with an instrument legally binding in
all Member States. This instrument shall lay down the terms
of the tendering procedure, which must guarantee equal
access for all persons established within the Community;

(c) the terms of the tendering procedure shall include a time
limit for the submission of tenders. Within three working
days following the expiry of the time limit, the maximum
amount of the refund to which the tendering procedure
relates shall be fixed in accordance with the procedure
referred to in Article 42(2)
the tenders
received. When
the maximum amount,
calculating
account shall be taken of the supply situation and prices
within the Community, prices and potential outlets on the
world market and the costs incurred in exporting sugar.

in the light of

A maximum tonnage may be fixed in accordance with the
same procedure;

(d) where exports can be effected with a refund which is lower
than that which would result from taking account of the
difference between prices within the Community and prices
on the world market and where exports are for a specific
destination, the competent authorities of the Member States
may be required to issue a special
invitation to tender
stipulating:

(cid:151) that tenders may be submitted at any time until the

tendering procedure is terminated, and

(cid:151) a maximum amount of the refund, calculated in the
light of requirements for the exports in question;

(e) if the amount of the refund offered in a tender:

(cid:151) exceeds the maximum fixed, the competent authorities

of the Member States shall reject that tender,

(cid:151) does not exceed the maximum, those authorities shall
fix the refund at an amount equal to the refund offered
in the tender concerned.

(cid:151) quotations or prices recorded for sugar on the world

market,

4.

In the case of raw sugar:

(cid:151) the economic aspect of the proposed exports and

(a) the refund shall be fixed for the standard quality defined in

Annex I;

(cid:151) limits

resulting from agreements

concluded under

Article 300 of the Treaty.

(b) refunds fixed at regular intervals under paragraph 2(a):

3. Where the refund for the products referred to in Article
1(1)(a) is fixed by tendering procedure:

(cid:151) may not exceed 92 % of the refund for white sugar for
the same period. However, this limit shall not apply to
refunds to be fixed for candy sugar,

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each exporting operation
(cid:151) shall be multiplied,
concerned, by
conversion factor obtained by
dividing the yield of the raw sugar exported, calculated
in accordance with Annex I, by 92;

for

a

(c) the maximum amount as provided for in paragraph 3(c)
fixed under a tendering procedure may not exceed 92 % of
the maximum amount fixed at the same time for white
sugar under that paragraph.

Article 29

The refund on undenatured products as listed in Article
1.
1(1)(c) exported without further processing shall be fixed each
month taking account of:

(a) the price of molasses used to calculate revenue from sales
of molasses by sugar manufacturers for the purpose of
fixing the basic price for beet
for the marketing year
concerned;

(a) the difference between the intervention price for white
sugar for the Community area with the largest surplus for
the month for which the basic amount is fixed, and the
quotations or prices for white sugar recorded on the world
market;

(b) the need to strike a balance between:

(cid:151) the use of Community basic products in the manu-
facture of processed goods for export to third countries,
and

(cid:151) the use of

third-country products brought

in under

inward-processing arrangements.

In the case of sorbose, the basic amount of the refund
the refund less

3.
shall be equal
one-hundredth of the production refund in force.

to the basic amount of

(b) prices and potential outlets for molasses on the Community

market;

Application of the basic amount of the refund may be

4.
restricted to specific products listed in Article 1(1)(d).

(c) quotations or prices recorded for molasses on the world

market, and

Article 31

(d) the economic aspect of the proposed exports.

However, fixing at regular intervals may be discontinued in
accordance with the procedure referred to in Article 42(2) if
it is found that no surplus molasses is available within the
Community for export at world market prices. In this event,
no refund shall be granted.

2.
In special circumstances the amount of the refund may be
fixed by tendering procedure for specific quantities and specific
areas of
the tendering
the Community. The purpose of
procedure shall be to determine the amount of the refund.

The competent authorities of the Member States concerned
shall organise a tendering procedure under an authorisation
laying down the rules to be followed, which must guarantee
equal access for all persons established within the Community.

Article 30

1.
The basic amount of the refund shall be fixed each month
for undenatured products as listed in Article 1(1)(d) exported
without further processing. However, fixing at regular intervals
may be discontinued in accordance with the procedure referred
to in Article 42(2) if the regular fixing of the refund on white
sugar without further processing is suspended. In this event, no
refund shall be granted.

2.
The basic amount of the refund on the products referred
to in paragraph 1, with the exception of sorbose, shall be equal
to one-hundredth of an amount obtained by taking account of:

To the extent necessary for the proper functioning of
the
common organisation of the markets in the sugar sector, the
Commission may fully or partially prohibit the use of inward-
processing arrangements for the products listed in Article 1(1)
in accordance with the procedure referred to in Article 42(2).

Article 32

1.
The general rules for interpreting the combined nomen-
clature and the special rules for its application shall apply to
the tariff classification of products covered by this Regulation;
the tariff nomenclature resulting from applying this Regulation
shall be included in the common customs tariff.

Save as otherwise provided for in this Regulation or by a
2.
rule adopted pursuant thereto, the following shall be prohibited
in trade with third countries:

(a) the levying of any charge having equivalent effect to a

customs duty;

(b) the application of any quantitative restriction or measure

having equivalent effect.

Article 33

1. Where the price of sugar on the world market is higher
than the intervention price, an export levy may be applied to
the sugar concerned. Such a levy shall be compulsory when the
cif price of white or raw sugar is higher than the intervention
price plus 10 %.

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The export levy may be determined by tendering procedure.
Otherwise, the levy to be charged shall be that applicable on
the day of export.

2. Where the cif price of white or raw sugar is higher than
the intervention price plus 10 %,
the Council may decide,
acting on a proposal
from the Commission in accordance
with the voting procedure laid down in Article 37(2) of the
Treaty, to grant an import subsidy for the product in question.

Where it
Community are not sufficient to:

is established that supplies available within the

(a) meet requirements within the Community

or

(b) meet the requirements of a major consumption region in

the Community,

then the Council shall decide, acting on a proposal from the
Commission in accordance with the voting procedure laid
down in Article 37(2) of
the import
subsidy and lay down rules for implementing it. Those rules
shall determine in particular the quantity of white or raw sugar
to be covered by the subsidy, the duration of the subsidy and,
where appropriate, the importing regions.

the Treaty,

to grant

Should the situation referred to in paragraph 1 arise, the
2.
Commission shall decide upon the necessary measures, either
at the request of a Member State or on its own initiative; the
Member States shall be notified of the measures, which shall be
immediately applicable. The Commission shall take a decision
on any request from a Member State within three working days
of receiving it.

3. Measures decided upon by the Commission may be
referred to the Council by any Member State within three
working days of the day on which they were notified. The
shall meet without delay. Acting by a qualified
Council
it may amend or repeal the measures in question.
majority,

This Article shall be applied in compliance with the
from agreements
resulting

4.
Community’s
obligations
concluded under Article 300(2) of the Treaty.

CHAPTER 2

PREFERENTIAL IMPORT ARRANGEMENTS

Article 35

Articles 36, 37 and 38 shall apply to cane sugar, hereinafter
called (cid:145)preferential sugar(cid:146), falling within CN code 1701, orig-
inating in the States listed in Annex VI and imported into the
Community under:

The following shall be laid down in accordance with the

3.
procedure referred to in Article 42(2):

(a) Protocol 3 to Annex IV to the ACP-EC Partnership

Agreement,

(a) the cif prices referred to in paragraphs 1 and 2,

(b) export levies fixed by tendering procedure,

(c) the other detailed rules for applying this Article.

case of

the products

to in Article
In the
1(1)(b),(c),(d),(f),(g) and (h), provisions
to those in
paragraphs 1 and 2 may be adopted in accordance with the
procedure referred to in Article 42(2).

referred

similar

(b) the Agreement on sugar cane between the European

Community and the Republic of India.

Article 36

Where the quality of preferential sugar imported under Article
35 and purchased by intervention agencies or other agents
appointed by the Community deviates from the standard
quality, the guaranteed prices shall be adjusted by means of
price increases and reductions.

Article 37

The amounts, other than those referred to in paragraph
4.
3, resulting from the application of this Article shall be fixed
by the Commission.

No import duty shall apply to imports of preferential

1.
sugar under Article 35.

Article 34

Preferential sugar shall enjoy no derogations from the

2.
prohibitions referred to in Article 32(2).

If

imports or exports create or threaten to create a
1.
serious disturbance on the Community market
in one or
more of the products listed in Article 1 which is likely to
in
jeopardise the achievement of
Article 33 of
the Treaty, appropriate measures may be
applied in trade with third countries until such disturbance
or threat of disturbance has ceased.

the objectives

set out

Article 38

During the 2001/02 and 2002/03 marketing years,
1.
adjustment aid shall be granted as an intervention measure
to the industry refining preferential raw cane sugar imported
into the Community for that purpose under Article 35.

The Council, acting in accordance with the procedure laid
down in Article 37(2) of the Treaty, shall adopt the general
rules for implementing this paragraph and shall define the
cases and limits within which the Member States may take
protective measures.

2.
The aid referred to in paragraph 1 may be granted only
for quantities eligible under Article 35, which are refined into
white sugar at refineries as referred to in Article 7(4). The aid
for producing the white sugar concerned shall be EUR 0.10 per
100 kilograms, expressed in white sugar.

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During the period specified in paragraph 1, additional
3.
basic aid of EUR 0.10 per 100 kilograms, expressed as white
sugar, shall be granted to enable refineries as referred to in
Article 7(4) to refine raw cane sugar produced in the French
overseas departments, with a view to restoring the price
balance between that sugar and preferential sugar.

4.
The adjustment aid and the additional aid may be
adjusted to take account of economic trends in the sugar
sector, particularly manufacturing and refining margins.

Under the second subparagraph of Article 7(4) and on
5.
in
terms to be determined,
paragraphs 1 to 3 of this Article may be extended to raw
sugar produced from beet harvested in the Community and
refined in refineries as referred to in Article 7.

the aid scheme provided for

6.
Detailed rules for applying this Article, in particular the
adjustments referred to in paragraph 4, shall be adopted in
accordance with the procedure referred to in Article 42(2).

Article 39

1.
During the period referred to in Article 38(1), in order to
ensure adequate supplies to Community refineries as referred
to in Article 7(4), a reduced rate of duty, hereinafter called
(cid:145)special duty(cid:146), shall be levied on imports of raw cane sugar,
hereinafter called (cid:145)special preferential sugar(cid:146), originating in
the States referred to in Article 35 and other States with
whom agreements have been concluded, and subject to the
conditions laid down therein,
the minimum
purchase price to be paid by refiners.

in particular

For the purposes of paragraph 1 and without prejudice to
the presumed maximum supply needs per
the refining

2.
paragraph 5,
marketing year, expressed in white sugar, of
industries in:

(a) Finland, shall be 59 925 tonnes,

(b) metropolitan France, shall be 296 627 tonnes,

(c) mainland Portugal, shall be 291 633 tonnes,

(d) the United Kingdom, shall be 1 128 581 tonnes.

balance shall be those determined for the 1994/95 marketing
less forecast local consumption in the French overseas
year,
departments during the marketing year concerned.
the
balance shows that the amounts available will be insufficient
to meet the maximum needs laid down in paragraph 2, the
necessary measures shall be laid down to enable the Member
States concerned to import the shortfall as special preferential
sugar under the arrangements for imports at a special rate of
duty provided for in the agreements referred to in paragraph 1.

If

in cases of

for a Member State as
after

4.
Except
force majeure, where the presumed
maximum needs
laid down in
revision under paragraph 5 are
paragraph 2 or
exceeded, an amount corresponding to the full rate of duty
in force for the marketing year concerned shall be charged
on a quantity equivalent to the excess,
increased by the aid
referred to in Article 38 and, where appropriate, by the highest
additional rate of duty recorded during that marketing year.

However, in the case of preferential raw sugar and where a
review has been carried out under paragraph 5, the quantities
in excess of the revised presumed maximum needs, within the
limit of the quantities laid down in paragraph 2, may be sold
to intervention agencies on the terms stipulated in Article 36 if
they cannot be marketed in the Community.

5. Where Article 10(3), (4), (5) and (6) apply, the sum of the
presumed maximum needs referred to in paragraph 2 of this
Article shall be reduced for the marketing year concerned by a
quantity equal to the sum of the special preferential sugars
needed to cover the presumed maximum needs determined
under paragraph 3 of this Article, and reduced by the same
percentage reduction as was applied to the sum of the basic
quantities A for Community sugar under Article 10(5).

This reduction in the maximum needs shall be apportioned
between the Member States concerned to reflect
the ratio
between the quantity fixed for each in paragraph 2 and the
sum of the quantities fixed in that paragraph.

6.
Detailed rules for applying this Article, in particular for
implementing and administering the agreements referred to in
shall be adopted in accordance with the
paragraph 1,
procedure referred to in Article 42(2).

3. Without prejudice to paragraph 5, the quantities of raw
cane sugar and raw beet sugar harvested in the Community
available to the refining industry, with or without distinction of
origin, shall be determined on the basis of a Community
forecast supply balance for raw sugar for each marketing
year or part of a marketing year. This balance may be
revised during the marketing year.

For the purposes of determining these quantities, the quantities
of sugar from the French overseas departments and preferential
sugar intended for direct consumption to be included in each

TITLE III

GENERAL PROVISIONS

Article 40

Any measures needed to prevent the market in sugar being
disturbed by changes in price levels at the changeover from
one marketing year to the next or during a single marketing
year may be adopted in accordance with the procedure referred
to in Article 42(2).

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Article 41

Member States and the Commission shall communicate to each
other the information necessary for implementing this Regu-
lation.

for

Rules
information shall be
procedure referred to in Article 42(2).

the communication and dissemination of

such
adopted in accordance with the

Article 42

The Commission shall be assisted by a Management
the
the

1.
Committee for Sugar, composed of
representatives of
Member States and chaired by the representative of
Commission.

reference

2. Where
the
management procedure provided for in Article 4 of Decision
1999/468/EC shall apply, subject to Article 7 of that Decision.

to this paragraph,

is made

The period laid down in Article 4(3) of Decision

3.
1999/468/EC shall be set at one month.

Article 43

The Committee may consider any other question referred to it
by its chair on his or her own initiative or at the request of the
representative of a Member State.

Article 44

Goods
listed in Article 1(1) which are manufactured or
obtained from products not covered by Article 23(2) and
Article 24 of the Treaty shall not be admitted to free circulation
within the Community.

Article 45

1. Member States shall adopt the measures necessary in the
sugar sector to ensure that:

(cid:151) sugar beet is grown using methods likely to reduce damage

to the environment,

(cid:151) research

programmes

develop more
environment-friendly cultivation methods for sugar beet
are implemented,

intended

to

(cid:151) sugar-beet growers and sugar producers are informed of the
results and the benefits of such research programmes.

2. Member States shall
limit, where appropriate, the areas
used for sugar production on the basis of objective criteria that
they shall lay down concerning:

(cid:151) the agricultural economy of those regions where sugar is a

major crop,

(cid:151) the soil and climate conditions in the areas in question,

shall, where appropriate,

lay down
3. Member States
suitable penalties proportionate to the gravity of the environ-
mental consequences of failure to comply with the environ-
mental requirements referred to in paragraph 2, on the basis
in
of objective criteria that they shall
lay down concerning,
particular,
the area concerned and the
management of irrigation water.

the topography of

shall

4. Member States
to the Commission, by
submit
30 June 2002, a report on the environmental situation in
the sugar sector and the impact of national measures adopted
under paragraphs 1, 2 and 3.

TITLE IV

TRANSITIONAL AND FINAL PROVISIONS

Article 46

The balance remaining from the compensation system for
storage costs applied during the 2000/01 marketing year
under Regulation (EC) No 2038/1999 shall be charged,
if
negative, or credited, if positive, under the system referred to
in Articles 15 and 16 of
this Regulation for the 2001/02
marketing year.

In the case of sugar in storage at 30 June 2000 under the
compensation system for storage costs provided for in Regu-
lation (EC) No 2038/99, the date of disposal for the purposes
of collecting the storage levy shall be 30 June 2001.

Article 47

(EEC)
Regulations (EC) No 2038/1999,
(EEC)
No 431/68,
No 793/72,
(EEC)
No 1789/81, (EEC) No 193/82, (EEC) No 1010/86 and (EEC)
No 2225/86 are hereby repealed.

(EEC) No 206/68,
(EEC) No 2049/69,
(EEC) No 1358/77,

(EEC) No 447/68,
(EEC) No 741/75,

to Regulations

(EEC) No 431/68,

(EEC)
References
No 206/68,
(EEC)
No 741/75 and (EEC) No 193/82 shall be understood as
references to this Regulation and are to be read in conjunction
with the correlation table in Annex VII.

(EC) No 2038/1999,
(EEC) No 793/72,

Article 48

The Commission may adopt any transitional measures required
to ensure a smooth changeover from the arrangements in force
for the 2000/01 marketing year to those introduced by this
Regulation in accordance with the procedure referred to in
Article 42(2). Such measures may derogate from this Regu-
lation.

Article 49

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

(cid:151) the management of irrigation water,

It shall apply from the 2001/02 marketing year.

(cid:151) rotation systems and cultivation methods likely to improve

the environment.

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

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ANNEX I

Point I

1. White sugar of the standard quality shall have the following characteristics:

STANDARD QUALITY FOR WHITE SUGAR

(a) be of sound, genuine and merchantable quality; dry, in homogeneous granulated crystals, free-flowing,

(b) minimum polarisation 99,7(cid:176),

(c) maximum moisture content 0,06 %,

(d) maximum invert sugar content: 0,04 %,

(e) the number of points determined under paragraph 2 shall not exceed a total of 22, nor:

(cid:151) 15 for the ash content,

(cid:151) 9 for the colour type, determined using the method of the Brunswick Institute of Agricultural Technology,

hereinafter called the (cid:145)Brunswick method(cid:146),

(cid:151) 6 for the colouring of the solution, determined using the method of the International Commission for

Uniform Methods of Sugar Analysis, hereinafter called the (cid:145)ICUMSA method(cid:146).

2. One point shall correspond to:

(a) 0,0018 % of ash content determined using the ICUMSA method at 28(cid:176) Brix,

(b) 0,5 units of colour type determined using the Brunswick method,

(c) 7,5 units of colouring of the solution determined using the ICUMSA method.

3. The methods for determining the factors referred to in paragraph 1 shall be those used for determining those factors

under the intervention measures.

Point II

STANDARD QUALITY FOR RAW SUGAR

1. Raw sugar of the standard quality shall be sugar with a yield of 92 %.

2. The yield of raw beet sugar shall be calculated by subtracting from the degree of polarisation of that sugar:

(a) its percentage ash content multiplied by four,

(b) its percentage invert sugar content multiplied by two,

(c) the number 1.

3. The yield of raw cane sugar shall be calculated by subtracting 100 from the degree of polarisation of that sugar

multiplied by two.

ANNEX II

STANDARD QUALITY FOR SUGAR BEET

Standard quality beet shall:

(a) be of sound and fair merchantable quality;

(b) have a sugar content of 16 % at the reception point.

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ANNEX III

PURCHASE TERMS FOR BEET

Point I

For the purposes of this Annex:

1. Contracting Parties means:

(a)

sugar manufacturers, hereinafter called (cid:145)manufacturers(cid:146),

(b) beet sellers, hereinafter called (cid:145)sellers(cid:146);

2.

(cid:145)contract(cid:146) means a contract concluded between a seller and a manufacturer for the delivery of beet for the manu-
facture of sugar;

3. agreement within the trade means:

(a) an agreement concluded at Community level, prior to the conclusion of any contract, between a group of
national manufacturers’ organisations on the one hand and a group of national sellers’ organisations on the other;

(b) an agreement concluded, prior to the conclusion of any contract, between manufacturers or a manufacturers’
organisation recognised by the Member State concerned on the one hand and a sellers’ association recognised by
the Member State concerned on the other;

(c) the law on companies and the law on cooperatives, in so far as they govern the delivery of sugar beet by the

share holders or members of a company or cooperative manufacturing sugar;

(d) in the absence of any agreement as referred to in (a) or (b), the arrangements existing before the conclusion of
any contract between manufacturers and sellers, provided the sellers accepting the arrangement supply at least
60 % of the total beet bought by the manufacturer for the manufacture of sugar in one or more factories.

1. Contracts shall be made in writing for a specified quantity of beet.

Point II

2. Contracts shall specify whether an additional quantity of beet may be supplied, and under what terms.

1. This Point shall apply only where Article 19 of this Regulation applies.

Point III

2. Contracts shall indicate the purchase prices for the quantities of beet referred to in the first part of Article 19(1) of
this Regulation. In the case of the quantities referred to at (a) and (b) of Article 19(1), those prices may not be lower
than the minimum price for beet referred to in Article 4 of this Regulation applicable in the production area
concerned.

3. Contracts shall lay down a fixed sugar content for beet. They shall include a conversion scale showing the different
sugar contents and factors for converting the quantities of beet supplied into quantities corresponding to the sugar
content shown in the contract.

The scale shall be based on the yields corresponding to the different sugar contents.

4. Where a seller has signed a contract with a manufacturer for the delivery of beet as referred to in the first part of
Article 19(1) of this Regulation and in (a) thereof, all deliveries by that seller, converted under paragraph 3 above,
shall be considered to be deliveries within the meaning of the first part of the above-mentioned Article 19(1) and (a)
thereof up to the quantity of beet specified in the contract.

5. Manufacturers producing a quantity of sugar lower than their basic quota from beet for which they have signed
pre-sowing delivery contracts under the first part of Article 19(1) and (a) thereof shall distribute the quantity of beet
corresponding to any additional production up to the amount of their basic quota among the sellers with whom they
have signed pre-sowing delivery contracts within the meaning of the first part of the above-mentioned Article 19(1)
and (a) and (b) thereof.

Agreements within the trade may derogate from this provision.

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6. In no case may a manufacturer require a seller to reimburse the production levy for beet delivered by the seller under

a contract concluded under the first part of Article 19(1) of this Regulation and (a) thereof.

1. Contracts shall contain provisions concerning the staggering and normal duration of beet deliveries.

Point IV

2. Such provisions shall be those applicable during the 2000/01 marketing year, taking account of the level of actual

production; agreements within the trade may derogate therefrom.

1. Contracts shall provide for beet collection centres.

Point V

2. Where sellers and manufacturers have already signed a contract for the 2000/01 marketing year, the collection
centres agreed upon by them for deliveries during that marketing year shall remain in operation; agreements within
the trade may derogate from this provision.

3. Contracts shall provide that transport costs from the collection centres are to be borne by the manufacturer subject

to special agreements based on local rules or usages in operation before the 2000/01 marketing year.

4. However, in Denmark, Spain, Finland, Greece, Ireland, Portugal and the United Kingdom, where beet is delivered
free-at-factory, contracts shall require manufacturers to contribute to transport costs and shall stipulate the
percentage or amounts.

1. Contracts shall provide for reception points for beet.

Point VI

2. Where sellers and manufacturers have already signed a contract for the 2000/01 marketing year, the reception points
agreed upon by them for deliveries during that marketing year shall remain in operation; agreements within the trade
may derogate from this provision.

1. Contracts shall provide for the sugar content to be determined using the polarimetric method. A sample of the beet

shall be drawn at the time of reception.

Point VII

2. Agreements within the trade may provide for samples to be drawn at another stage.

In such cases, the contract shall provide for a correction to compensate for any drop in the sugar content between
the reception and the drawing of the sample.

Contracts shall provide for gross weight, tare and sugar content to be determined using one of the following procedures:

Point VIII

(a) jointly, by the manufacturer and the beet producers’ trade organisation, if an agreement within the trade so provides;

(b) by the manufacturer, under the supervision of the beet producers’ trade organisation;

(c) by the manufacturer, under the supervision of an expert recognised by the Member State concerned, provided the

seller defrays the costs thereof;

(d) by the manufacturer, if local rules or usages in force before the 2000/01 marketing year so provide.

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1. Contracts shall provide for an additional price to be paid to the seller where:

Point IX

(a) there is an increase in the price for beet at the changeover from one marketing year to the next, and

(b) the increase in the intervention price for sugar resulting from the increase in the price for beet is not made

subject to a levy for stocks held at the time of the changeover.

The additional price shall be calculated per 100 kilograms of white sugar by multiplying the increase referred to in
the first subparagraph under (b) by a coefficient equal to the ratio of

(cid:151) the quantities of sugar produced within the A and B quota not carried forward under Article 14 of this

Regulation in stock at the time of transition

and

(cid:151) the quantities of sugar produced by manufacturer during the previous marketing year within their maximum

quota not carried forward under Article 14 of this Regulation.

2. Agreements within the trade may derogate from paragraph 1.

Contracts shall mention the possibility of such derogation.

1. Contracts shall require manufacturers to do one or more of the following for the whole quantity of beet delivered;
impose more than one such

when parts of that quantity are subject to different treatment, the contract shall
obligation:

Point X

(a) to return the fresh pulp from the tonnage of beet delivered free of charge to the seller, ex factory;

(b) to return part of that pulp dried or dried and molassed, free of charge to the seller, ex factory;

(c) to return the pulp, dried, to the seller, ex factory; in this case, the manufacturer may require the seller to pay the

drying costs;

(d) to pay the seller compensation which takes account of the possibilities of selling the pulp concerned.

2. Agreements within the trade may provide for pulp to be delivered at a stage other than that referred to in paragraph

1(a), (b) and (c).

1. Contracts shall fix the time limits for any advance payments and for payment of the purchase price for beet.

Point XI

2. Such time limits shall be those valid during the 2000/01 marketing year; agreements within the trade may derogate

from this provision.

Where contracts lay down rules covering matters which are dealt with in this Annex, or where they contain provisions
governing other matters, their provisions and effects must not conflict with this Annex.

Point XII

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Point XIII

1. Agreements within the trade as described in Point I(3)(b) shall contain arbitration clauses.

2. Where agreements within the trade at Community, regional or local level lay down rules covering matters which are
dealt with in this Regulation, or where they contain provisions governing other matters, their provisions and effects
must not conflict with this Annex.

3. Such agreements may lay down, in particular:

(a) rules on the distribution to sellers of quantities of beet which the manufacturer decides to buy prior to sowing,

for the manufacture of sugar within the limits of the basic quota;

(b) rules on distribution as referred to in Point III(5);

(c) the conversion scale referred to in Point III(3);

(d) rules on the choice and supply of seeds of the varieties of beet to be produced;

(e) the minimum sugar content of beet to be delivered;

(f) a requirement for consultation between the manufacturer and the sellers’ representatives before the starting date

of beet deliveries is fixed;

(g) the payment of premiums to sellers for early or late deliveries;

(h) details of:

(cid:151) the part of the pulp referred to in Point X(1)(b),

(cid:151) the costs referred to in Point X(1)(c),

(cid:151) the compensation referred to in Point X(1)(d);

(i)

the removal of pulp by the seller;

(k) rules on how any difference between the intervention price and the actual selling price of the sugar is to be

allocated between the manufacturer and sellers.

Point XIV

Where there is no set agreement within the trade as to how the quantities of beet intended for the manufacture of sugar
within the basic quota limits which the manufacturer offers to buy before sowing should be allocated among the sellers,
the Member State concerned may itself lay down rules for such allocation.

These rules may also grant to traditional sellers of beet to cooperatives delivery rights other than those which they
would enjoy if they belonged to such cooperatives.

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DETAILED RULES ON TRANSFERS OF QUOTAS BETWEEN FIRMS

ANNEX IV

Point I

Member States shall adopt such measures as they deem necessary to take account of the interests of sugar beet and cane
producers when quotas are allocated to a sugar-producing undertaking which has more than one factory.

1. Without prejudice to paragraph 2, in the event of the merger or transfer of sugar-producing undertakings or the

transfer of sugar factories, the A and B quotas shall be adjusted as follows:

Point II

(a) in the event of the merger of sugar-producing undertakings, the Member States shall allocate to the undertaking
resulting from the merger an A quota and a B quota equal respectively to the sum of the A quotas and the sum
of the B quotas allocated prior to the merger to the sugar-producing undertakings concerned;

(b) in the event of the transfer of a sugar-producing undertaking, the Member State shall allocate the A quota and the
B quota of the transferred undertaking to the transferee undertaking for the production of sugar or, if there is
more than one transferee undertaking, the allocation shall be made in proportion to the sugar production
absorbed by each of them;

(c) in the event of the transfer of a sugar factory, the Member State shall reduce the A quota and the B quota of the
undertaking transferring ownership of the factory and shall
increase the A quota and the B quota of the
sugar-producing undertaking or undertakings purchasing the factory in question by the quantity deducted in
proportion to the production absorbed.

2. Where a number of the sugar-beet or cane producers directly affected by one of the operations referred to in
paragraph 1 expressly show their willingness to supply their beet or cane to a sugar-producing undertaking
which is not party to those operations, the Member State may make the allocation on the basis of the production
absorbed by the undertaking to which they intend to supply their beet or cane.

3. In the event of closure, in circumstances other than those referred to in paragraph 1, of:

(a) a sugar-producing undertaking,

(b) one or more factories of a sugar-producing undertaking,

the Member State may allocate the part of the quotas involved in such closure to one or more sugar-producing
undertakings.

Also in the case referred to in (b) in the preceding subparagraph, where some of the producers concerned expressly
show their willingness to supply their beet or cane to a given sugar-producing undertaking, the Member State may
allocate the proportion of the quotas corresponding to the beet or cane concerned to the undertaking which they
intend to supply with those products.

4. Where the derogation referred to in Article 19(3) of this Regulation is invoked, the Member State concerned may
require the beet producers and sugar manufacturers concerned by that derogation to include in their agreements
within the trade special clauses enabling the Member State to apply paragraphs 2 and 3, where applicable.

5. In the event of the lease of a factory belonging to a sugar-producing undertaking, the Member State may reduce the
quotas of the undertaking offering the factory for rent and allocate the portion by which the quota was reduced to
the undertaking which rents the factory in order to produce sugar in it.

If the lease is terminated during the period of three marketing years referred to in Point V(d), the adjustment of
quotas under the preceding subparagraph shall be cancelled retroactively by the Member State as at the date on
which the lease took effect. However, if the lease is terminated by reason of force majeure, the Member State shall not
be bound to cancel the adjustment.

6. Where a sugar-producing undertaking can no longer ensure that it meets its obligations under Community regu-
lations towards the sugar-beet or cane producers concerned, and where that situation has been ascertained by the
competent authorities of the Member State concerned, the latter may allocate for one or more marketing years the
part of the quotas involved to one or more sugar-producing undertakings in proportion to the production absorbed.

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7. Where a Member State grants a sugar-producing undertaking price and outlet guarantees for processing sugar beet
into ethyl alcohol, the Member State may, in agreement with that undertaking and the beet producers concerned,
allocate all or part of the sugar-production quotas to one or more other undertakings for one or more marketing
years.

Point III

In the event of the merger or transfer of isoglucose-producing undertakings, the transfer of an isoglucose-producing
factory or the closure of one or more isoglucose-producing undertakings or one or more factories belonging to such an
undertaking, the Member State may allocate the quotas involved for the production of isoglucose to one or more other
undertakings, whether or not they have a production quota.

Point IV

The measures taken pursuant to Points II and III may take effect only if:

(a) the interests of each of the parties concerned are taken into consideration

and

(b) the Member State concerned considers that they are likely to improve the structure of the beet, cane and sugar-

manufacturing sectors

and

(c) they concern undertakings established in the same region within the meaning of Article 11(2) of this Regulation.

For the purposes of this Annex:

Point V

(a) (cid:145)merger of undertakings(cid:146) means the consolidation of two or more undertakings into a single undertaking;

(b) (cid:145)transfer of an undertaking(cid:146) means the transfer or absorption of the assets of an undertaking having quotas to one or

more undertakings;

(c) (cid:145)transfer of a factory(cid:146) means the transfer of ownership of a technical unit,

including all the plant required to
manufacture the product concerned, to one or more undertakings, resulting in the partial or total absorption of
the production of the undertaking making the transfer;

(d) (cid:145)lease of a factory(cid:146) means the leasehold contract of a technical unit including all the plant required for the manu-
facture of sugar, with a view to its operation, concluded for a period of at least three consecutive marketing years,
which the parties agree not to terminate before the end of the third marketing year, with an undertaking which is
established in the same region, within the meaning of Article 11(2) of this Regulation, as the factory concerned, if,
after the lease takes effect, the undertaking which rents the factory can be considered a solely sugar-producing
undertaking for its entire production.

Point VI

The measures referred to in Points II and III shall take effect when the closure of the undertaking or factory, the merger
or transfer occurs:

(a) between 1 July and 31 January of the following year, for the marketing year current during that period;

(b) between 1 February and 30 June of the same year, for the marketing year following that period.

Point VII

Where a Member State applies Article 12(2) of this Regulation, it shall allocate the adjusted quotas before 1 March with
a view to applying them in the following marketing year.

Where Points II and III are applied, Member States shall inform the Commission of the adjusted A and B quotas not later
than 15 days after expiry of the periods referred to in Point VI.

Point VIII

Point IX

For the purposes of transfers of quotas in Italy, Spain and the French overseas departments under restructuring plans as
referred to in the second subparagraph of Article 12(2) of this Regulation, a group of sugar-producing undertakings
having technical, economic and structural links and jointly and severally liable for their obligations under Community
rules, particularly in respect of beet or cane growers, may be regarded as a sugar-producing undertaking.

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ANNEX V

CN Code

Description

ex 0403

Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and
cream, whether or not concentrated or containing added sugar or other sweetening matter or
flavoured or containing added fruit, nuts or cocoa:

0403 10

(cid:151) Yoghurt;

0403 10 51
to
0403 10 99

(cid:151) (cid:151) Flavoured or containing added fruit, nuts or cocoa

0403 90

(cid:151) Other;

0403 90 71
to
0403 90 99

(cid:151) (cid:151) Flavoured or containing added fruit, nuts or cocoa

ex 0710

Vegetables (uncooked or cooked by steaming or by boiling in water), frozen:

0710 40 00

(cid:151) Sweet corn

ex 0711

Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur
water or
immediate
consumption:

in other preservative solutions), but unsuitable in that

state for

0711 90

(cid:151) Other vegetables; mixtures of vegetables:

(cid:151) (cid:151) Vegetables:

0711 90 30

(cid:151) (cid:151) (cid:151) Sweet corn

1702 50 00

(cid:151) Chemically pure fructose

ex 1704

Sugar confectionery (including white chocolate), not containing cocoa, except liquorice extract
of sub-heading No 1704 90 10

1806

Chocolate and other food preparations containing cocoa

ex 1901

Malt extract; food preparations of flour, meal, starch or malt extract, not containing cocoa or
containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not
elsewhere specified or included; food preparations of goods of heading Nos 0401 to 0404,
not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally
defatted basis, not elsewhere specified or included:

1901 10 00

(cid:151) Preparations for infant use, put up for retail sale

1901 20 00

(cid:151) Mixes and doughs for the preparations of bakers’ wares of heading No 1905

1901 90

(cid:151) Other:

(cid:151) (cid:151) Other:

1901 90 99

(cid:151) (cid:151) (cid:151) Other

ex 1902

Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared,
such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether
or not prepared:

1902 20

(cid:151) Stuffed pasta, whether or not cooked or otherwise prepared:

(cid:151) (cid:151) Other

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CN Code

Description

1902 20 91

(cid:151) (cid:151) (cid:151) Cooked

1902 20 99

(cid:151) (cid:151) (cid:151) Other

1902 30

(cid:151) Other pasta

1902 40

(cid:151) Couscous:

1902 40 90

(cid:151) (cid:151) Other

1904

ex 1905

Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example,
corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other
worked grains (except flour and meal), pre-cooked, or otherwise prepared, not elsewhere
specified or included

Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa;
communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers,
rice paper and similar products:

1905 10 00

(cid:151) Crispbread

1905 20

(cid:151) Gingerbread and the like

1905 30

(cid:151) Sweet biscuits; waffles and wafers

1905 40

(cid:151) Rusks, toasted bread and similar toasted products

1905 90

(cid:151) Other:

(cid:151) (cid:151) Other:

1905 90 40

(cid:151) (cid:151) (cid:151) Waffles and wafers with a water content exceeding 10 %

1905 90 45

(cid:151) (cid:151) (cid:151) Biscuits

1905 90 55

(cid:151) (cid:151) (cid:151) Extruded or expanded products, savoury or salted

1905 90 60

(cid:151) (cid:151) (cid:151) (cid:151) With added sweetening matter

1905 90 90

(cid:151) (cid:151) (cid:151) (cid:151) Other

ex 2001

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or
acetic acid:

2001 90

(cid:151) Other:

2001 90 30

(cid:151) (cid:151) Sweet corn (Zea mays var. saccharata)

2001 90 40

(cid:151) (cid:151) Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by

weight of starch

ex 2004

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other
than products of heading No 2006:

2004 10

(cid:151) Potatoes:

(cid:151) (cid:151) Other:

2004 10 91

(cid:151) (cid:151) (cid:151) In the form of flour, meal or flakes

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Official Journal of the European Communities

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CN Code

Description

2004 90

(cid:151) Other vegetables and mixtures of vegetables:

2004 90 10

(cid:151) (cid:151) Sweet corn (Zea mays var. saccharata)

ex 2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen,
other than products of heading No 2006:

2005 20

(cid:151) Potatoes:

2005 20 10

(cid:151) (cid:151) In the form of flour, meal or flakes

2005 80 00

(cid:151) (cid:151) Sweet corn (Zea mays var. saccharata)

ex 2101

Extracts, essences and concentrates of coffee, tea or matØ and preparations with a basis of these
products or with a basis of coffee, tea or matØ; roasted chicory and other roasted coffee
substitutes, and extracts, essences and concentrates thereof:

(cid:151) Extracts, essences and concentrates of coffee and preparations with a basis of these extracts,

essences or concentrates or with a basis of coffee:

(cid:151) (cid:151) Preparations with a basis of these extracts, essences or concentrates or with a basis of

coffee:

2101 12 98

(cid:151) (cid:151) (cid:151) Other

(cid:151) Extracts, essences and concentrates, of tea or matØ, and preparations with a basis of these

extracts, essences or concentrates, or with a basis of tea or matØ:

(cid:151) (cid:151) Preparations

2101 20 98

(cid:151) (cid:151) (cid:151) Other

(cid:151) Roasted chicory and other roasted coffee substitutes, and extracts, essences and concen-

trates thereof:

(cid:151) (cid:151) Roasted chicory and other roasted coffee substitutes:

2101 30 19

(cid:151) (cid:151) (cid:151) Other

(cid:151) (cid:151) Extracts, essences and concentrates of

roasted chicory and other

roasted coffee

substitutes:

2101 30 99

(cid:151) (cid:151) Other

ex 2102

Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including vaccines
of heading No 3002); prepared baking powders:

2102 10

(cid:151) Active yeasts:

(cid:151) (cid:151) Bakers’ yeast:

2102 10 31

(cid:151) (cid:151) (cid:151) Dried

2102 10 39

(cid:151) (cid:151) (cid:151) Other

2105 00

Ice cream and other edible ice, whether or not containing cocoa

ex 2106

Food preparations not elsewhere specified or included:

2106 90

(cid:151) Other:

2106 90 10

(cid:151) (cid:151) Cheese fondues

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Official Journal of the European Communities

C 29 E/347

CN Code

Description

(cid:151) (cid:151) Other:

2106 90 92

(cid:151) (cid:151) (cid:151) Containing no milk fats, sucrose,

isoglucose, glucose or starch or containing, by
weight, less than 1,5 % milk fat, 5 % sucrose or isoglucose, 5 % glucose or starch

2106 90 98

(cid:151) (cid:151) (cid:151) Other

2202

including mineral waters and aerated waters, containing added sugar or other
Waters,
sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or
vegetable juices of heading No 2009

2205

Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances

ex 2208

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol.; spirits,
liqueurs and other spirituous beverages:

2208 20

(cid:151) Spirits obtained by distilling grape wine or grape marc:

2208 50 90
to
2208 50 99

(cid:151) (cid:151) Geneva

2208 70

(cid:151) Liqueurs and cordials:

2208 90 41
to
2208 90 78

(cid:151) (cid:151) Other spirits and spirituous beverages

2905 43 00

Mannitol

2905 44

D-glucitol (sorbitol)

ex 3302

Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of
one or more of these substances, of a kind used as raw materials in industry; other prep-
arations based on odoriferous substances, of a kind used for the manufacture of beverages:

3302 10

(cid:151) Of a kind used in the food or drink industries:

(cid:151) (cid:151) Of a kind used in the drink industries:

(cid:151) (cid:151) (cid:151) Preparations containing all flavouring agents characterising a beverage:

(cid:151) (cid:151) (cid:151) (cid:151) Other (of an actual alcoholic strength by volume not exceeding 0,5 %):

3302 10 29

(cid:151) (cid:151) (cid:151) (cid:151) (cid:151) Other

ex Chapter 38

Miscellaneous chemical products:

3824 60

Sorbitol other than that of subheading 2905 44

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Official Journal of the European Communities

30.1.2001

ANNEX VI

States, countries and territories referred to in Article 35

Barbados

Belize

C(cid:244)te d’Ivoire

Fiji

Guyana

Mauritius

India

Jamaica

Kenya

Madagascar

Malawi

Uganda

Democratic Republic of the Congo

Saint Kitts and Nevis (cid:151) Anguilla

Surinam

Swaziland

Tanzania

Trinidad and Tobago

Zambia

Zimbabwe

Regulation (EC) No 2038/1999

Article 1

Article 2(1)

Article 2(2) and (3)

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

ANNEX VII

Correlation Table

This regulation

Article 1

Article 1(2)(m)

Deleted

Article 2

Article 3

Article 4

Article 5

Article 6

Deleted

Article 7

Article 8

Article 9

Deleted

Article 22

Article 23

Article 24

Article 25

Article 26

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Article 18

Article 19

Article 20

Article 21

1st indent of Article 22(1)

Article 22(2) and (3)

Article 23

Article 24

Article 25

Article 26(1)

Article 26(2)

Article 26(3)

Article 26(4)

1st subparagraph of Article 26(5)

2nd subparagraph of Article 26(5)

3rd subparagraph of Article 26(5)

5th subparagraph of Article 26(5)

Article 26(6)

1st indent of Article 27(1)

Article 27(2)

Article 27(3)

Article 27(4)

Article 27(5)

Article 27(6)

Article 28

Article 29

Article 30

Article 31

Article 32

Article 33

Article 34

Article 27

Article 28

Article 29

Article 30

Article 31

Deleted

Article 32

Article 33

Article 34

Article 10(1)

Article 11(3)

Article 10(2)

Article 11(3)

Article 10(3)

Article 10(4)

Article 10(5)

Article 10(6)

Deleted

Article 11(1)

Deleted

Article 11(2)

Deleted

Deleted

Article 11(4)

Deleted

Deleted

Article 12

Article 13

Article 14

Article 15

Article 16

C 29 E/350

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Official Journal of the European Communities

30.1.2001

Article 35

Article 36

Article 37

Article 38

Article 39

Article 40

Article 41

Article 42

Article 43

Article 44

Article 45

Article 46

Article 47

Article 48

Article 49

Article 50

Article 51

Article 52

Article 53

Article 54

Article 55

Article 56

Regulation (EEC) No 793/72

Article 1

Regulation (EEC) No 431/68

Article 1

Regulation (EEC) No 206/68

Article 1

Article 2

Article 3

Article 4

Article 17

Article 18

Article 19

Article 20

Article 21

Article 35

Article 36

Article 37

Article 38

Article 39

Article 40

Article 41

Article 42(1)

Article 42(2) and (3)

Article 43

Article 44

Deleted

Deleted

Deleted

Deleted

Article 47

Article 49

This regulation

Annex I, Point I

This regulation

Annex I, Point II

This regulation

Annex III, Point I

Annex III, Point II

Annex III, Point III

Annex III, Point IV

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Article 5

Article 6(1)

Article 6(2)

Article 7

Article 8

Article 8a

Article 8b

Article 9

Article 10

Article 11

Article 12

Article 13

Annex III, Point V

Annex III, Point VI

Deleted

Annex III, Point VII

Annex III, Point VIII

Deleted

Annex III, Point IX

Annex III, Point X

Annex III, Point XI

Deleted

Annex III, Point XII

Annex III, Point XIII

Regulation (EEC) No 741/75

This regulation

Article 1

Annex III, Point XIV

Regulation (EEC) No 193/82

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Annex I

Annex II

Annex III

This regulation

Annex IV, Point I

Annex IV, Point II

Annex IV, Point III

Annex IV, Point IV

Annex IV, Point V

Annex IV, Point VI

Annex IV, Point VII

Annex IV, Point VIII

Annex IV, Point IX

Annex V

Annex VI

Annex VII