Commission Regulation (EC) No 1646/2001 of 13 August 2001 laying down detailed implementing rules for the grant of adjustment aid to the preferential raw sugar refining industry and adjusting both the adjustment aid and additional basic aid for the sugar refining industry
Date: 2001-08-13
Institutions: European Commission
Subjects: cane sugar, customs inspection, financial aid, production aid, raw sugar, sugar industry, sugar refining, tariff preference

L 219/14

EN

Official Journal of the European Communities

14.8.2001

COMMISSION REGULATION (EC) No 1646/2001

of 13 August 2001

laying down detailed implementing rules for the grant of adjustment aid to the preferential raw
sugar refining industry and adjusting both the adjustment aid and additional basic aid for the sugar
refining industry

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(5)

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 38(6) thereof,

Whereas:

(1)

(2)

(3)

(4)

Article 38(1) and (3) of Regulation (EC) No 1260/2001
provides that during the 2001/02 to 2005/06 marketing
years adjustment aid is to be granted as an intervention
measure to the Community's preferential raw cane sugar
refining industry, together with an additional basic aid
for raw cane sugar produced in the French overseas
departments. These provisions also specify that
the
adjustment aid may be granted only up to the quantities
stipulated in the provisions referred to in Article 35 of
Regulation (EC) No 1260/2001.

Sugar which may qualify for the refining aid must be
preferential sugar within the meaning of Article 35 of
Regulation (EC) No 1260/2001. To ascertain its origin
and to monitor imports thereof into the Community,
reference should accordingly be made to the provisions
and documents laid down by Commission Regulation
(EEC) No 2782/76 of 17 November 1976 laying down
detailed implementing rules for the importation of pref-
erential sugar (2), as last amended by Regulation (EC) No
2665/98 (3).

For the grant of aid provision should be made for satis-
factory measures to monitor refined sugar and to that
end the concept of refining, the formula for the yield of
the raw sugar in question and the obligation to have
analyses conducted in a laboratory approved by the
competent authorities of
the Member State where
refining is carried out should be defined.

The management measures for raw cane sugar produced
in the French overseas departments and qualifying for
the additional basic aid should be the same as those laid
down by Commission Regulation (EC) No 1554/2001 of
30 July 2001 laying down detailed rules for the applica-
tion of Council Regulation (EC) No 1260/2001 as
regards marketing sugar produced in the French overseas

(1) OJ L 178, 30.6.2001, p. 1.
(2) OJ L 318, 18.11.1976, p. 13.
(3) OJ L 336, 11.12.1998, p. 20.

departments and for equalising the price conditions with
preferential raw sugar (4).

Article 38(4) of Regulation (EC) No 1260/2001 lays
down that the adjustment aid and additional aid may be
adjusted to take account of economic trends in the sugar
sector, particularly manufacturing and refining margins.
To take account of the need to maintain the manufac-
turing margin and refining margin in balance, which led
to the introduction of these aids and their adjustments
during the previous scheme, the aid amounts for 2001/
02 should therefore be maintained at the aid levels for
the 2000/01 marketing year.

(6)

The Management Committee for Sugar has not delivered
an opinion within the time limit set by its Chairman,

HAS ADOPTED THIS REGULATION:

Article 1

1.
The aid provided for in Article 38(1) of Regulation (EC)
No 1260/2001, hereinafter referred to as ‘the aid’, shall be
granted on application by the undertaking that has refined the
preferential raw sugar in question, to the competent authorities
of the Member State in which refining took place.

2.
The aid application must be accompanied by proof that
the refined sugar was obtained from preferential raw sugar
imported into the Community under Regulation (EEC) No
2782/76.

This proof shall be provided by presenting the original of the
document referred to, as the case may be, in Article 6(1) or
Article 7(1) and (2) of Regulation (EEC) No 2782/76 or a copy
of those documents, certified as a true copy by the competent
authorities of the importing Member State. Those authorities
shall enter in section 8 of the copy the endorsements listed, as
appropriate,

in Article 6(2) or Article 7(3).

3.

For the grant of the aid

(a) ‘refining’ means the conversion in the applicant's under-
taking, as defined in the third subparagraph of Article 7(4)
of Regulation (EC) No 1260/2001, of raw sugar as defined
in Article 1(2)(b) of that Regulation into white sugar as
defined in Article 1(2)(a) of that Regulation;

(b) the raw sugar in question shall be placed under customs
control or under another administrative control offering
the same guarantees.

(4) OJ L 205, 31.7.2001, p. 18.

14.8.2001

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Official Journal of the European Communities

L 219/15

To establish the aid, the yield of the raw sugar in question
4.
is calculated by reducing twice the degree of polarisation of
that sugar by 100.

5.
Analyses shall be conducted upon arrival by a laboratory
approved by the competent authorities of the Member State in
which refining must take place.

However, if the sugar has already been subjected to analyses to
ascertain the yield before the entry into force of this Regula-
tion, those analyses shall be considered as complying with the
requirements of the first subparagraph.

Article 2

The additional basic aid provided for in Article 38(3) of
1.
Regulation (EC) No 1260/2001 shall be granted on application
by the undertaking that has refined the sugar produced in the
French overseas departments.

Regulation (EC) No 1554/2001 shall apply mutatis

2.
mutandis to the additional basic aid.

Article 3

The adjustment aid and the additional basic aid referred to
respectively in Article 38(1) and (3) of Regulation (EC) No
1260/2001 shall be increased, as a result of the adjustment
referred to in Article 38(4), to EUR 2,92 per 100 kg of sugar,
expressed as white sugar, for the 2001/02 marketing year.

Article 4

The Member State concerned shall inform the Commission, for
each quarter and in the calendar month following the quarter
in question, of the quantities, expressed as white sugar, for
which aid has been granted and the amounts in national
currency corresponding to those quantities.

Article 5

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

It shall apply from 1 July 2001.

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

Done at Brussels, 13 August 2001.

For the Commission

Franz FISCHLER

Member of the Commission