Commission Regulation (EC) No 1261/2001 of 27 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260/2001 as regards delivery contracts for beet and the price increases and reductions applicable to the price of beet
Date: 2001-06-27
Institutions: European Commission
Subjects: agricultural quota, contract, delivery, inter-company agreement, minimum price, sugar beet

L 178/46

EN

Official Journal of the European Communities

30.6.2001

COMMISSION REGULATION (EC) No 1261/2001

of 27 June 2001

laying down detailed rules for the application of Council Regulation (EC) No 1260/2001 as regards
delivery contracts for beet and the price increases and reductions applicable to the price of beet

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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 5(3) and Article 19(5)
thereof,

Whereas:

Annex III
to Regulation (EC) No 1260/2001 laying
down outline provisions for contracts and inter-trade
agreements on the purchase of beet defines
the
contracting parties as beet sellers on the one hand and
sugar manufacturers on the other. A seller may sell
either beet he has grown himself or beet he has bought
from a grower. However, in view of the importance of
contracts within the quota system, only a contract
concluded between a manufacturer and a grower may be
regarded as a delivery contract for the purpose of Article
19(2) of that Regulation.

Article 14(1) of Regulation (EC) No 1260/2001 provides
that a manufacturer may carry forward part of his
production to the following marketing year to be treated
as part of that year's production. Consequently, for that
marketing year delivery contracts at the minimum price
for beet need only be concluded by the manufacturer in
respect of the quantity of sugar within his basic quota
which he has not yet produced. Therefore, the require-
ment referred to in Article 19(2) of that Regulation
should be adjusted in the event of sugar being carried
forward.

(5)

(6)

(7)

(8)

(9)

adjusted by price increases or reductions to allow for
deviations from the standard quality.

The quality, and hence the value, of sugar beet largely
depends on sugar content.

The most appropriate method of establishing the value
of beet of a quality differing from the standard quality is
to establish a scale of price increases and reductions
expressed as a percentage of the minimum price.

Experience acquired by those concerned over a very long
period has shown that they should be allowed to include
in their contracts or agreements within the trade a defi-
nition of beet suitable for processing into sugar. A
Community scale could be laid down for beet regarded
throughout the Community as suitable for processing
into sugar. Further reductions should be specified where
this definition refers to a sugar content below the lowest
sugar content on the Community scale. There should be
provision for this definition to be drawn up by the
Member States where the contracting parties fail to agree
on a definition.

Largely because of climatic conditions,
the industrial
value of beet grown in Italy differs significantly from
that of beet grown in the north of the Community. The
above difference in the industrial value of
the beet
should therefore be taken into account.

The detailed rules of application laid down in this Regu-
lation replace those laid down in Commission Regula-
tion (EEC) No 246/68 of 29 February 1968 laying down
detailed rules
for differentiating between delivery
contracts for beet (2), Commission Regulation (EEC) No
2497/69 of 12 December 1969 on the price increases
and reductions applicable to the price of beet (3) and
Commission Regulation (EEC) No 2571/69 of 22
December 1969 on the reductions applicable to prices
for sugar beet in Italy (4). Those Regulations should,
therefore, be repealed.

(10)

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

To ensure the proper working of the quota system the
terms ‘pre-sowing’ and ‘minimum price’ as used in
Article 19 of Regulation (EC) No 1260/2001 must be
defined.

HAS ADOPTED THIS REGULATION:

Article 1

Article 5(1) of Regulation (EC) No 1260/2001 requires
sugar manufacturers buying beet suitable for processing
into sugar and intended for processing into sugar within
the maximum quota to pay at least the minimum price

(1) See page 1 of this Official Journal.

For the purposes of Article 19(2) of Regulation (EC) No 1260/
2001, a contract concluded between a sugar manufacturer and
a beet seller growing his own beet shall be regarded as a
delivery contract.

(2) OJ L 53, 1.3.1968, p. 37.
(3) OJ L 316, 17.12.1969, p. 15.
(4) OJ L 321, 23.12.1969, p. 30.

(1)

(2)

(3)

(4)

30.6.2001

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Official Journal of the European Communities

L 178/47

Article 2

For the purposes of Article 19(2) of Regulation (EC) No 1260/
2001, the basic quota of a manufacturer who carries forward
part of his production to the following marketing year
pursuant to Article 14 of that Regulation shall be reduced in
respect of that year by the quantity carried forward.

Article 3

Only contracts concluded prior to sowing and
— before 1 April
— before 1 May in the other Member States

in Italy and Greece, or

shall be regarded as pre-sowing contracts.

Article 4

The minimum price referred to in Article 19(2) of Regulation
(EC) No 1260/2001 shall be adjusted for each delivery of beet
by applying the price increases and reductions fixed under
Article 5 of this Regulation.

Article 5

The minimum price referred to in Article 5(1) of Regula-
for each 0,1 % of sucrose

1.
tion (EC) No 1260/2001 shall,
content, be:

(a) increased by not less than:

(i) 0,9 % for contents exceeding 16 % but not exceeding

18 %,

(ii) 0,7 % for contents exceeding 18 % but not exceeding

19 %,

Notwithstanding paragraph 1,

in Italy the percentage
2.
increases and reductions referred to in paragraph 1(a) and (b)
shall be multiplied by a coefficient of 0,75.

Article 6

1.
Contracts, and agreements within the trade within the
meaning of Article 6 of Regulation (EC) No 1260/2001 may
provide, compared to the increases and reductions referred to
in Article 5, for:

(a) further increases for sucrose contents above 20 %, and

(b) further reductions for sucrose contents below 14,5 %.

content below 14,5 %, define beet

These contracts and agreements may, in the case of beet with a
for
sucrose
processing into sugar if such contracts and agreements provide
for further reductions for sucrose contents below 14,5 % but
above the minimum sucrose content specified in that defini-
tion.

suitable

If the definition referred to in the second subparagraph is not
included in the contracts and agreements, the Member State
concerned may lay down that definition. In that case it shall, at
the same time, fix the further reductions referred to in that
subparagraph.

Notwithstanding paragraph 1,

2.
the minimum price
referred to in Article 5(1) of Regulation (EC) No 1260/2001
shall be reduced in Italy by not more than 0,75 % for each
0,1 % of sucrose content where sucrose content is less than
14,5 %.

(iii) 0,5 % for contents exceeding 19 % but not exceeding

Article 7

20 %;

(b) reduced by not more than:

(i) 0,9 % for contents below 16 % but not below 15,5 %,
(ii) 1,0 % for contents below 15,5 % but not below 14,5 %.

The price for beet with a sucrose content in excess of 20 %
shall not be less than the minimum price adjusted for beet with
a 20 % sucrose content.

Regulations (EEC) No 246/68, (EEC) No 2497/69 and (EEC) No
2571/69 are repealed.

Article 8

This Regulation shall enter into force on 1 July 2001.

It shall apply from the 2001/02 marketing year.

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