Commission Regulation (EC) No 1264/2001 of 27 June 2001 amending Regulations (EC) No 1531/2000 relating to a standing invitation to tender to determine levies and/or refunds on exports of white sugar for the 2000/01 marketing year, (EEC) No 1729/78 laying down detailed rules of application in respect of the production refund for sugar used in the chemical industry and (EC) No 1729/97 on the adjustment, following a change in prices or the storage levy in the sugar sector, of certain export refunds fixed in advance
Date: 2001-06-27
Institutions: European Commission
Subjects: chemical industry, export refund, production refund, storage cost, sugar

30.6.2001

EN

Official Journal of the European Communities

L 178/61

COMMISSION REGULATION (EC) No 1264/2001

of 27 June 2001

amending Regulations (EC) No 1531/2000 relating to a standing invitation to tender to determine
levies and/or refunds on exports of white sugar for the 2000/01 marketing year, (EEC) No 1729/78
laying down detailed rules of application in respect of the production refund for sugar used in the
chemical industry and (EC) No 1729/97 on the adjustment, following a change in prices or the
storage levy in the sugar sector, of certain export refunds fixed in advance

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

from the common organisation of the markets in the
sugar sector (7).

Having regard to the Treaty establishing the European
Community,

(4)

Having regard to Council Regulation (EC) No 1260/2001 of 19
June 2001 on the common organisation of the markets in the
sugar sector (1), and in particular Article 7(5) thereof,

Whereas:

(1)

(2)

(3)

Article 7 of Commission Regulation (EC) No 2135/95 (2)
provides that if there is a change in the prices of sugar
during the period between the day of lodging of the
application for an export
the
refund or the closing date for the submission of tenders
and the day of export, the refund may be adjusted.

licence with fixing of

Article 14(1) of Commission Regulation (EC) No 1531/
2000 (3), Article 5a(1) of Commission Regulation (EEC)
No 1729/78 (4), as last amended by Regulation (EC) No
1148/98 (5), and Article 1(1) of Commission Regulation
(EC) No 1729/97 (6), as amended by Regulation (EC) No
1148/98, provide, notwithstanding Article 7 of Regula-
tion (EC) No 2135/95, for the adjustment of export and
production refunds if the storage levy is changed during
the period referred to therein. That adjustment takes
account of the change in the costs of sugar on which the
refunds are based.

From 1 July 2001 Regulation (EC) No 1260/2001 no
longer makes provision for a compensation system for
storage costs involving a flat-rate reimbursement and its
financing by means of a levy. The derogation provided
for in Article 7 of Regulation (EC) No 2135/95 is there-
fore no longer warranted once the storage levy lapses

(1) See page 1 of this Official Journal.
(2) OJ L 214, 8.9.1995, p. 16.
(3) OJ L 175, 14.7.2000, p. 69.
(4) OJ L 201, 25.7.1978, p. 26.
(5) OJ L 159, 3.6.1998, p. 39.
(6) OJ L 243, 5.9.1997, p. 1.

The sugar costs attracting those refunds are unaffected in
so far as Article 48(2) of abovementioned Regulation
(EC) No 1260/2001 provides that, under the compensa-
tion system for storage costs, 30 June 2001 is regarded
as the date of disposal for the purposes of collecting the
storage levy on sugar in storage at 30 june 2001. Export
refunds fixed before 1 July 2001 on such sugar should
therefore not be adjusted during the term of validity of
than 30
the documents
September 2001, where the documents are valid beyond
that date. The derogations provided for in Article 7 of
Regulation (EC) No 2135/95 should accordingly be
amended.

concerned or

any later

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

For sugar in storage on 30 June 2001 on which the storage
levy referred to in Article 1 of Commission Regulation (EC) No
1434/2000 (8) is payable, i.e. sugar produced in the marketing
year prior to 2001/02, the adjustment linked to the change in
the storage levy and provided for in:

— Article 14(1) of Regulation (EC) No 1531/2000,

— Article 5a(1) of Regulation (EEC) No 1729/78 and

— Article 1(1) of Regulation (EC) No 1729/97,

shall not be applied to refunds fixed prior to 1 July 2001
during the term of validity of the export licences and produc-
tion refund certificates or any later than 30 September 2001,
where they are valid beyond that date.

(7) OJ C 29 E, 30.1.2001, p. 315.
(8) OJ L 161, 1.7.2000, p. 59.

L 178/62

EN

Official Journal of the European Communities

30.6.2001

This Regulation shall enter into force on 1 July 2001.

Article 2

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

Done at Brussels, 27 June 2001.

For the Commission

Franz FISCHLER

Member of the Commission