Commission Regulation (EC) No 314/2002 of 20 February 2002 laying down detailed rules for the application of the quota system in the sugar sector
Date: 2002-02-20
Institutions: European Commission
Subjects: common organisation of markets, production quota, sugar, syrup

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COMMISSION REGULATION (EC) No 314/2002

of 20 February 2002

laying down detailed rules for the application of the quota system in the sugar sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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 Articles 13(3), 14(4), 15(8),
16(5), 18(5) and the second paragraph of Article 41 thereof,

Whereas:

(1)

(2)

Recent amendments to the common organisation of the
market in sugar for the 2001/02 to 2005/06 marketing
years introduced by Regulation (EC) No 1260/2001
require some changes to be made to the measures for
implementing the quota system. Commission Regulation
(EEC) No 1443/82 of 8 June 1982 laying down detailed
rules for the application of the quota system in the sugar
sector (2), as last amended by Regulation (EC) No 392/
94 (3), having, moreover, already been substantially
amended a number of times, in the interests of clarity
that Regulation should be recast.

internal Community consumption. For

For the application of the quota system in the sugar
sector, precise definitions are required of an underta-
king's production of sugar, isoglucose or inulin syrup
and of
this
purpose all the white sugar, raw sugar, invert sugar and
syrups or, as the case may be, isoglucose or inulin syrup
actually produced by an undertaking should be treated
as that undertaking's production. The possibility of allo-
cating part of the production of one undertaking to
another undertaking which has had sugar produced
under contract should be restricted to specific cases.
Without prejudice to circumstances of force majeure, such
cases must be determined so as to avoid financial
consequences in the sugar sector.

(3)

The smooth and efficient application of
the quota
system in the Community requires that the method for
recording production of sucrose syrups, isoglucose and
inulin syrup be laid down.

(1) OJ L 178, 30.6.2001, p. 1.
(2) OJ L 158, 9.6.1982, p. 17.
(3) OJ L 53, 24.2.1994, p. 7.

(5)

(6)

(7)

The production of
isoglucose is completely accom-
plished as soon as the glucose or its polymers have
undergone the process known as ‘isomerisation’. Thus,
in order to avoid arbitrary choices of the moment at
which production is recorded, such recording should
take place as soon as the isomerisation process has
ended and before any operation to separate the glucose
In
and fructose constituents or to produce mixtures.
order to make this control as effective as possible,
isoglucose manufacturers in the Community should be
required to notify the competent authorities of
the
Member State in question of every isomerisation facility
used by them.

Inulin syrup in product form generally appears as such
from the moment that the inulin or its oligofructoses
have undergone the process known as hydrolysis and
first evaporation. This means that production should be
recorded immediately after the hydrolysis and first evap-
oration process has ended and before any operation to
separate the glucose and fructose constituents or to
produce mixtures.

In order to enable the Member States to establish
correctly and unequivocally the production of
inulin
syrup, it should be specified, on the basis of past experi-
ence in particular, that this operation is to be carried out
with reference to an inulin syrup with an 80 % fructose
content and a sugar/isoglucose equivalent expressed by
application of a coefficient of 1,9.

The production levies provided for in Article 15 of
Regulation (EC) No 1260/2001 cannot be fixed until
after the end of the marketing year in view of the fact
that a large proportion of the export commitments are
made in the second half of the marketing year and that
the data serving to establish the production levies are
available only at that point. Therefore, in order to imple-
ment as soon as possible the financial responsibility of
producers, payment in advance of levies calculated on
the basis of estimates should be made well before the
end of the marketing year. Since most production of B
isoglucose does not, in general, take place until the last
months of the marketing year, advance payment of the
basic production levy only should be required in respect
of isoglucose produced before 1 March of the marketing
year in question. The levies should not be fixed or
collected until
information which is as precise as
possible,

in particular on consumption,

is to hand.

(8)

(9)

(10)

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Rules should be laid down for payment of an additional
price component for beet where the production levy is
less than the maximum amount, and provision should
also be made for an additional payment taking account,
in particular, of the period between the date of payment
for the beet and the date of payment of production
levies by the manufacturer.

detrimental to undertakings producing isoglucose and
requires provision to be made for a certain amount of
flexibility in the monthly recording of
isoglucose
production. Such flexibility should however be limited
to avoid introducing, by automatic use thereof, a
system and thus an indirect
concealed carry-over
increase in the production quotas of those undertakings.

To facilitate proper management of the quota system,
the necessary time limits for recording production and
for communicating relevant data should be laid down,
and provision should be made, as necessary, for appro-
priate control measures by the Member States.

The abolition of the system for compensating storage
costs in the sugar sector from 1 July 2001 interrupted
the availability of statistics on sugar stocks and disposal
of sugar in the Community. In view of the importance
of these statistics for the good management of the quota
system,
for determining the monthly
consumption of sugar and for drawing up supply
balances, provision should be made for Community
sugar producers and refiners to continue to provide the
Member States with monthly data on sugar stocks and
disposals.

in particular

(11) One of the characteristics of the organisation of the
sugar sector is the fact that relations between sugar
manufacturers and beet producers,
in particular as
regards the delivery of and payment for sugar beet, are
generally governed by inter-trade agreements drawn up
within the framework laid down in Community legisla-
tion. These inter-trade agreements may provide for
arrangements which take account of the specific situa-
tion in the region in which they apply. Provision should
therefore be made, with regard to the option given to
manufacturers to make beet growers contribute towards
the payment of the additional levy, for the arrangements
for this contribution to be laid down in inter-trade
agreements within the framework of Article 16(3) of
Regulation (EC) No 1260/2001.

(12) Undertakings producing isoglucose, contrary to under-
takings producing sugar which rely on production of
sugar beet or sugar cane, are not authorised to use the
option of carrying over production from one marketing
year to the next.

(13)

Isoglucose is produced on a constant basis throughout
the marketing year in order to be able to respond
quickly and without
interruption to fluctuations in
demand, which is highest at the start and end of each
marketing year. However, the isoglucose produced is
difficult to stock in sufficient quantities to meet these
peaks in demand because extended storage threatens the
essential sterility of the product. Under these circum-
stances, undertakings producing isoglucose have to
discontinue production at the end of the marketing year
to avoid producing C isoglucose which cannot be
disposed of on the Community market. This situation is

(14)

In the operation of the quota system there may be some
delays in the recovery of production levies. To ensure
harmonious recovery of these sums in good time, rules
should be laid down for fixing and collecting production
levies.

(15)

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 the purposes of Articles 13 to 18 of Regulation (EC)
‘sugar production’ means the total quantity,

1.
No 1260/2001,
expressed as white sugar, of:

(a) white sugar;

(b) raw sugar;

(c) invert sugar;

(d) syrups belonging to one of the following categories, herein-

after called ‘syrups’:

— sucrose or invert sugar syrups which are at least 70 %

pure and are produced from sugar beet,

— sucrose or invert sugar syrups which are at least 75 %

pure and are produced from sugar cane.

The following shall be excluded when the quantity

2.
referred to in paragraph 1 is being calculated:

(a) quantities of white sugar produced from raw sugar or
syrups which were not produced in the undertaking which
manufactured the white sugar;

(b) quantities of white sugar produced from raw sugar, syrups
or sugar sweepings which were not produced during the
marketing year in which the white sugar was manufac-
tured;

(c) quantities of raw sugar produced from syrups which were
not produced in the undertaking which manufactured the
raw sugar;

(d) quantities of raw sugar produced from syrups which were
not produced during the marketing year in which the raw
sugar was manufactured;

(e) quantities of raw sugar processed into white sugar during
the marketing year in question by the undertaking which
produced them;

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(f) quantities of invert sugar and syrups processed into alcohol

or rum;

(g) quantities of syrups processed into sugar or invert sugar
during the marketing year in question by the undertaking
which produced them;

(h) quantities of

syrups
processed into ‘Rinse appelstroop’;

for

spreading and those to be

(i) quantities of sugar, invert sugar and syrups produced under

inward-processing arrangements;

(j) quantities of

invert sugar produced from syrups which
were not produced by the undertaking which manufactured
the invert sugar;

(k) quantities of

invert sugar produced from syrups which
were not produced during the marketing year in which the
invert sugar was manufactured.

Production shall be expressed in terms of white sugar in

3.
the following way:

(a) in the case of white sugar, disregarding differences in

quality;

(b) in the case of raw sugar, on the basis of yield determined in
accordance with Annex I to Regulation (EC) No 1260/
2001;

(c) in the case of invert sugar, by multiplying production by

the coefficient 1;

(d) in the case of syrups considered as intermediate products,
on the basis of extractable sugar content determined in
accordance with paragraph 5;

(e) in the case of syrups which are not considered as inter-
mediate products, on the basis of sugar content, expressed
as sucrose in accordance with Article 3(2) of Commission
Regulation (EC) No 2135/95 (1).

4.
Sugar sweepings from a previous sugar year shall be
expressed as white sugar in proportion to the sucrose content.

Purity of syrups shall be calculated by dividing the total

5.
sugar content by the dry matter content.

The extractable sugar content shall be calculated by subtracting
the difference between the dry matter content and the polari-
metric reading for that syrup, multiplied by 1,70, from the
polarimetric reading for the syrup in question. Dry matter
content shall be determined in accordance with the areometric
method.

However, the extractable sugar content can be established, for
an entire marketing year, on the basis of the real yield in
syrups.

a content by weight in the dry state of at least 10 % fructose
irrespective of
limit,
expressed as dry matter and recorded in accordance with para-
graph 2.

its fructose content

in excess of

that

2.
Isoglucose production shall be recorded as soon as the
isomerisation process has terminated and before any operation
to separate the glucose and fructose constituents or to produce
mixtures, by physical metering of the volume of the product as
such and determination of the dry matter content by refracto-
metry.

3.
Every isoglucose manufacturer shall be required to notify
without delay any of its facilities which may be used for the
isomerisation of glucose or its polymers.

Notification shall be made to the Member State on whose
territory each facility is situated. The Member State may require
information in this
the manufacturer to furnish additional
respect.

Article 3

1.
For the purposes of Articles 13 to 18 of Regulation (EC)
No 1260/2001, ‘inulin syrup production’ means the quantity of
product obtained after the hydrolysis of inulin or oligofructoses
with a content by weight in the dry state of at least 10 %
fructose in free form or as sucrose, irrespective of its fructose
content in excess of that limit, expressed as dry matter sugar/
isoglucose equivalent, and established for each undertaking
producing inulin syrup in accordance with paragraph 2.

Inulin syrup production shall be recorded by means of

2.
the combination of the following operations:

(a) physical metering of the volume of the product as such
immediately after leaving the first evaporator after each
hydrolysis and before any operation to separate the glucose
and fructose constituents or to produce mixtures;

(b) determination of the dry matter content by refractometry
and measurement of the fructose content by weight in the
dry state, on the basis of daily representative sampling;

(c) conversion of the fructose content to 80 % by weight in the
dry state by multiplying the quantity determined in dry
matter by the coefficient representing the ratio between the
measured fructose content of that quantity of syrup and
80 %;

(d) expression as sugar/isoglucose equivalent by applying the

coefficient 1,9.

Article 4

Article 2

For the purposes of Articles 13 to 18 of Regulation (EC)
1.
No 1260/2001,
total
‘isoglucose production’ means
quantity of product obtained from glucose or its polymers with

the

(1) OJ L 214, 8.9.1995, p. 16.

1.
Before 15 February of each year Member States shall
establish provisional sugar and inulin syrup production figures
for the current marketing year for each undertaking situated on
their territories.

For the French departments of Guadeloupe and Martinique, this
production shall be recorded before 15 May each year.

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Before the 15th day of each month each isoglucose-
2.
producing undertaking shall communicate to the Member State
on whose territory production took place the quantities,
expressed as dry matter,
actually produced during the
preceding calendar month.

On the basis of these communications Member States shall
establish, in respect of each month and not later than the 15th
day of the second month thereafter, the isoglucose production
of each undertaking concerned.

In calculating the production referred to in the preceding
isoglucose produced under
subparagraph the quantities of
shall not be taken into
inward-processing arrangements
account.

3.
Notwithstanding the first and second subparagraphs of
paragraph 2, the competent authorities of the Member State
may decide, for a given isoglucose-producing undertaking, on
the basis of a duly substantiated prior request in writing from
the undertaking:

(a) either to combine the production of the months of May
and June of a marketing year for counting against the
marketing year in question;

(b) or to combine all or part of the production of the month
of June of a marketing year with that of the month of July
of the following marketing year for counting against the
latter marketing year. The request for combination must
indicate at least the quantity of the production of the
month of June to be combined with that of the month of
July. This quantity may not exceed 7 % of the sum of the A
and B quotas of the undertaking in question applicable to
the marketing year during which the request for combina-
tion is made. The quantity so combined shall be considered
as the first production within the quotas of the undertaking
concerned.

The Member State shall assess whether the request is justified,
taking into account the production situation of the undertaking
and market demand, in particular in the light of the quotas and
production levies. Only one of the combination types referred
to in the first subparagraph may be used by a given under-
taking in a given marketing year.

the

agreement by the Member State,

After
isoglucose-
producing undertaking in question shall communicate to the
Member State, before the following 15 July in the case referred
to under (a) of the first subparagraph and before the following
15 August in the case referred to under (b) thereof, the quant-
ities, expressed as dry matter, actually produced during the
relevant two-month period, account being taken where appro-
priate of the quantities to be combined referred to under (b) of
the first subparagraph.

The provisions under (b) of the first subparagraph shall not be
applicable to the last marketing year included in the period
referred to in Article 10(1) of Regulation (EC) No 1260/2001.

4.
Before 15 September of each year Member States shall
isoglucose and inulin syrup
establish final figures for sugar,
production by each undertaking situated on their territories in
the preceding marketing year.

5. Where differences are found after the establishment of
final production figures for the sugar referred to in paragraph
4, such differences shall be taken into account when final
production figures are established for the marketing year in
which the differences are found.

6.
Before the 25th day of each month, each sugar manufac-
turer shall communicate to the competent authority of the
Member State on whose territory production takes place or to
the authority of the Member State in question competent for
indi-
intervention on the market in the product concerned,
cating the quantities which are its property or otherwise:

(a) the quantities of sugar, expressed as white sugar, stored in
the facilities at its disposal at the end of the preceding
calendar month;

(b) the quantities of sugar, expressed as white sugar, which left
the facilities at its disposal during the preceding calendar
month.

This communication should specify the breakdown of
the
quantities concerned between sugar produced within the A and
B quotas, sugar carried forward in accordance with Article 14
of Regulation (EC) No 1260/2001, and C sugar.

The authority referred to in the first subparagraph may request
the communication of additional data on stocks held by the
manufacturer and on quantities leaving its facilities.

Before the 25th day of each month each refiner of raw
7.
sugar shall communicate to the competent authority of the
Member State on whose territory refining takes place or to the
authority of the Member State in question competent for inter-
vention on the market for the product concerned, indicating
the quantities which are its property or otherwise:

(a) the quantities of sugar, expressed as white sugar, stored in
the facilities at its disposal at the end of the preceding
calendar month;

(b) the quantities of sugar, expressed as white sugar, which left
the facilities at its disposal during the preceding calendar
month.

This communication must distinguish quantities subject
inward processing arrangements.

to

The authority referred to in the first subparagraph may request
the communication of additional data on stocks held by the
refiner and on quantities leaving the facilities in question.

On the basis of these communications the Member State shall
establish the combined isoglucose production of the under-
taking concerned during the two months in question to be
counted against
the marketing year
concerned in accordance with (a) or (b), as the case may be, of
the first subparagraph. The Member State shall communicate
this production to the Commission.

the production of

Article 5

1.
For the purposes of Articles 13 to 18 of Regulation (EC)
No 1260/2001 and subject to paragraphs 2 to 5 of this Article,
the sugar or isoglucose production of an undertaking means
the quantity of sugar or isoglucose actually manufactured by
that undertaking.

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For a given marketing year, the total sugar production of
2.
an undertaking shall be the production referred to in paragraph
1 plus the quantity carried over to that marketing year and
minus the quantity carried over to the following marketing
year.

In the case of the French departments of Guadeloupe and
Martinique and of Spain,
these
advance payments shall be fixed before 15 August of the
current marketing year.

in respect of cane sugar,

3. Where two manufacturers make a signed application in
writing to the Member State concerned, the quantity of sugar
produced by an undertaking (hereinafter called ‘the processor’)
under contract from materials supplied shall be treated as part
of the production of the undertaking (hereinafter called ‘the
principal’) which had the sugar produced under that contract
provided that one of the following conditions is met:

(a) the total sugar production of the processor is less than it's a

quota;

(b) the total sugar production of the processor is more than it's
a quota but less than the sum of it's a and B quotas and the
principal's total sugar production is more than it's a quota;

(c) the total sugar production of the processor and of the
principal is more than the sum of their respective A and B
quotas.

4. Where the factories of the principal and of the processor
are situated in different Member States, the application referred
to in paragraph 3 must be made to the two Member States
concerned. In that case the Member States concerned shall act
in concert as regards the response to be given, and shall take
the necessary steps to verify that the conditions referred to in
paragraph 3 are observed.

5.
In accordance with the procedure laid down in Article
42(2) of Regulation (EC) No 1260/2001, the quantity of sugar
produced by a processor may be considered to be produced by
the principal if, owing to a case of force majeure, the beet, cane
or molasses have to be processed into sugar in an undertaking
other than that of the principal.

In the case of sugar and inulin syrup, the advance payment
shall be determined:

(a) by applying to the provisional production of A sugar and A
inulin syrup and B sugar and B inulin syrup, determined
pursuant to Article 4(1), the unit amount fixed for the
advance payment in respect of the basic production levy;

(b) by applying to the provisional production of B sugar and B
inulin syrup, determined pursuant to Article 4(1), the unit
amount fixed for the advance payment in respect of the B
levy.

In the case of isoglucose, the advance payment shall be deter-
mined by applying to the production between 1 July and the
end of the following February for the current marketing year
the unit amount fixed for the advance payment in respect of
the basic production levy on isoglucose.

3. Member States shall collect
before 1 June of the current marketing year.

these advance payments

In the case of the French departments of Guadeloupe and
Martinique and of Spain,
these
advance payments shall be collected before 1 September of the
current marketing year.

in respect of cane sugar,

4.
The quantity to be determined under Article 15(1)(b) of
Regulation (EC) No 1260/2001 shall be established on the
basis of the sum of the following quantities:

(a) the quantities of

isoglucose and inulin syrup
disposed of in the Community for direct consumption or
for consumption after processing by the user industries;

sugar,

Article 6

(b) the quantities of denatured sugar;

Before 1 April the following action shall be taken in

1.
respect of the current marketing year:

(a) the basic production levy and B levy for sugar shall be
estimated in accordance with Article 15 of Regulation (EC)
No 1260/2001;

(b) the unit amounts, determined in accordance with Article 7
of this Regulation, to be paid by sugar manufacturers,
isoglucose manufacturers and inulin syrup manufacturers
as advance payments in respect of the levy shall be fixed in
accordance with the procedure laid down in Article 42(2)
of Regulation (EC) No 1260/2001.

2.
Before 15 April of the current marketing year Member
States shall establish the advance payments for that marketing
year to be made by each sugar-producing undertaking, each
isoglucose-producing undertaking and each inulin syrup-
producing undertaking.

(c) the quantities of

isoglucose and inulin syrup
imported from non-member countries as processed prod-
ucts.

sugar,

There shall be subtracted from the sum referred to in the first
subparagraph the sum of the quantities of sugar,
isoglucose
and inulin syrup exported to non-member countries as
processed products and the quantities of basic products
expressed as white sugar for which certificates for the produc-
tion refunds referred to in Article 7(3) of Regulation (EC) No
1260/2001 have been issued.

5.
The following shall be regarded within the meaning of
Article 15(1)(d) of Regulation (EC) No 1260/2001 as export
obligations to be fulfilled during the current marketing year:

(a) all quantities of sugar to be exported in the natural state
with export refunds or levies fixed by means of tenders
opened in respect of that marketing year;

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(b) all quantities of sugar, isoglucose and inulin syrup to be
exported in the natural state with export refunds or levies
fixed periodically on the basis of export licences issued
during that marketing year;

(c) all foreseeable exports of sugar, isoglucose and inulin syrup
in the form of processed products with export refunds or
levies fixed for that purpose during that marketing year,
such quantities being spread evenly over the marketing
year.

For the calculation of the foreseeable average loss referred to in
Article 15(1)(d) of Regulation (EC) No 1260/2001, the produc-
tion refunds for the quantities of basic products expressed as
white sugar for which certificates for the production refunds
referred to in Article 7(3) of that Regulation have been issued
during the course of the marketing year in question shall also
be taken into account.

balance of the levies outstanding in the case of each sugar-
producing undertaking, each isoglucose-producing undertaking
and each inulin syrup-producing undertaking.

Balances due from the undertaking or from the Member State
referred to in the first subparagraph shall be paid before 15
December
for determining those
balances.

following the deadline

3.
If a coefficient is adopted in accordance with Article
16(2) of Regulation (EC) No 1260/2001 the Member States
in accordance with the provisions of that paragraph,
shall,
determine for each sugar-producing undertaking,
for each
isoglucose-producing undertaking and for each inulin syrup-
producing undertaking, before 1 November in respect of the
preceding marketing year, the additional levy to be paid by the
manufacturers in question. This levy shall be collected at the
same time as the balance of the production levies for that
marketing year.

Article 7

1. Where the estimate of the basic production levy on sugar
and inulin syrup is at least 60 % of the maximum amount
referred to in Article 15(3) of Regulation (EC) No 1260/2001,
the unit amount of the advance payment shall be 50 % of that
maximum amount.

4.
If the sum of the levies due by a producing undertaking
has not been correctly established, the correct amount to be
paid or balance due by the producing undertaking in question
must be established within a period of 30 days from the date
on which the Member State has noticed this situation and is
able to calculate the amount legally due.

that maximum
Where the estimate is less than 60 % of
amount, the unit amount of the advance payment shall be
80 % of that estimate.

Paragraph 1 shall also apply for determining the unit
2.
amount of the advance payment in respect of the B levy on
sugar and inulin syrup, taking into account the maximum
amount referred to in Article 15(4) and (5) of Regulation (EC)
No 1260/2001.

3.
The unit amount of the advance payment in respect of
the basic production levy on isoglucose shall be 40 % of the
unit amount of the basic production levy on sugar estimated in
accordance with Article 6(1)(a) of this Regulation.

Article 8

1.
There shall be fixed for sugar, isoglucose and inulin syrup
before 15 October, in respect of the preceding marketing year:

(a) the amounts of the basic production levy and the B levy;

(b) if required, the coefficient referred to in Article 16(2) of

Regulation (EC) No 1260/2001.

Member States shall collect the amounts referred to in the first
subparagraph within 30 days of the date on which they are
established.

Article 9

1.
The amounts referred to in Article 18(2) of Regulation
(EC) No 1260/2001 shall be fixed at the same time as the levies
referred to in Article 8(1) of this Regulation and in accordance
with the same procedure.

2. Where the price paid by a sugar manufacturer to the beet
seller is lower than the basic price for beet, the manufacturer
shall, to the extent of the difference in question, allow the beet
seller a share of the increased value of the sugar in the light of
the intervention price.

For the purpose of calculating the amount corresponding to
this share, the manufacturer shall take into account:

2.
Before 1 November in respect of the preceding marketing
year and taking into account the advance payments collected
to Article 6, Member States shall determine the
pursuant

(a) the periods between the dates of payment for the beet and
the dates laid down for the advance payments and payment
of the balances in respect of the production levies and the
additional

levy;

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(b) the European Central Bank's interest rate for main refi-
nancing operations in the periods referred to in point (a).
For a Member State which is not participating in the third
stage of economic and monetary union, the reference rate
shall be the equivalent rate set by its national central bank;

Article 10

Member States shall take all the measures necessary to establish
the controls required for recording production of the products
covered by this Regulation.

(c) the percentage laid down in Article 18(2) of Regulation

Article 11

(EC) No 1260/2001;

(d) the yield of the beet in question, without prejudice to

Article 5(1) of Regulation (EC) No 1260/2001.

3.
The amounts referred to in paragraph 1 and the amount
corresponding to the share referred to in paragraph 2 shall be
paid to the beet seller by the sugar manufacturer within four
weeks following the date on which the levies referred to in
Article 8(1) are fixed.

The reimbursement
referred to in the second and third
subparagraphs of Article 16(3) of Regulation (EC) No 1260/
2001 may, without prejudice to these provisions, be made in
accordance with rules defined by an inter-trade agreement.

Regulation (EEC) No 1443/82 is hereby repealed.

Article 12

Article 13

Inter-trade agreements may derogate from the provisions

4.
of paragraphs 2 and 3.

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

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

Done at Brussels, 20 February 2002.

For the Commission

Franz FISCHLER

Member of the Commission