Commission Regulation (EC) No 738/2002 of 29 April 2002 concerning aid for the processing of sugar cane into sucrose syrup or agricultural rum in the French overseas departments
Date: 2002-04-29
Institutions: European Commission
Subjects: French overseas department and region, agro-industry, aid system, aid to agriculture, spirits, sucrose, sugar cane, syrup

30.4.2002

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Official Journal of the European Communities

L 113/13

COMMISSION REGULATION (EC) No 738/2002

of 29 April 2002

concerning aid for the processing of sugar cane into sucrose syrup or agricultural rum in the
French overseas departments

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

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

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1452/2001 of 28
June 2001 introducing specific measures for certain agricultural
products
the French overseas departments, amending
Directive 72/462/EEC and repealing Regulations (EEC) No 525/
77 and (EEC) No 3763/91 (Poseidom) (1), and in particular
Article 18 thereof,

for

Whereas:

(1)

(2)

(3)

(4)

(5)

the granting of Community aid for

Article 17 of Regulation (EC) No 1452/2001 provides
for
the direct
processing of sugar cane into sugar syrup, hereinafter
called ‘sucrose syrup’, or into agricultural rum as defined
in Article 1(4)(a)(2) of Council Regulation (EEC) No
1576/89 of 29 May 1989 laying down general rules on
the definition, description and presentation of spirit
drinks (2), as last amended by Regulation (EEC) No
the
3378/94 of
Council (3).

the European Parliament and of

the sugar cane
This aid is paid on condition that
producer is paid a minimum price up to the limit of a
maximum annual quantity of 75 600 hectolitres of pure
alcohol or, in the case of sucrose syrup, of a maximum
annual quantity of 250 tonnes.

A minimum price for sugar cane should be set which
takes into account the reference price for sugar cane
intended for the production of sugar applicable in the
department in question and provision should also be
made for a system to reduce, where appropriate, the
quantities of rum or sucrose syrup eligible for aid so as
to ensure that the overall quantity limit laid down by
Article 17(2) of Regulation (EC) No 1452/2001 is
observed.

Sucrose syrup, which is not sugar production within the
meaning of Articles 13 to 18 of Council Regulation (EC)
No 1260/2001 (4), should be defined.

To facilitate the application of the annual processing
limits this Regulation should apply from the beginning
of the 2002 calendar year.

(1) OJ L 198, 21.7.2001, p. 11.
(2) OJ L 160, 12.6.1989, p. 1.
(3) OJ L 366, 31.12.1994, p. 1.
(4) OJ L 178, 30.6.2001, p. 1.

HAS ADOPTED THIS REGULATION:

Article 1

Aid for the direct processing of sugar cane into sucrose
1.
syrup or agricultural rum as provided for in Article 17 of
Regulation (EC) No 1452/2001 may be paid in accordance
with the terms of this Regulation to any sucrose syrup manu-
facturer or distiller:

(a) whose plant

is located in one of

the French overseas

departments, and

(b) who produces directly from cane harvested in the same

French overseas department:

— sucrose syrup of less than 75 % purity used in the

manufacture of aperitifs, or

— agricultural rum as defined in Article 1(4)(a)(2) of Regu-

lation (EEC) No 1576/89.

2.
Aid shall be paid out each year for the quantities of sugar
cane processed directly into sucrose syrup or agricultural rum
for which the sucrose syrup manufacturer or distiller shows
proof that he has paid the sugar cane producers in question the
minimum price referred to in Article 2. This last condition
shall not apply in the case of the manufacturer or distiller's
own sugar cane production.

3.

The aid shall be:

(a) for sucrose syrup EUR 9 per 100 kilograms of sugar

expressed as white sugar;

(b) for agricultural rum EUR 64,22 per hectolitre of pure

alcohol produced.

Article 2

1.
The minimum prices referred to in the second subpara-
graph of Article 17(1) of Regulation (EC) No 1452/2001 shall
be as follows for each department:

Réunion:

Martinique:

EUR 51,01/tonne of cane

EUR 45,16/tonne of cane

Guadeloupe and French Guiana:

EUR 55,95/tonne of cane

The minimum price shall apply to cane of sound, fair and
merchantable quality and of standard sugar content. The
delivery stage shall be the sugar cane's arrival at the factory.

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The standard sugar content and the scale of increases and
2.
reductions to be applied to the minimum price when the sugar
content of the cane differs from the standard sugar content
shall be adopted by the competent authority designated by
France on the proposal of a joint committee of distillers or
syrup manufacturers and sugar cane producers.

in the years 1997 to 2001. If the overall quantities for which
aid is requested are exceeded, the percentage reductions may be
differentiated by department.

Aid applications shall be submitted to the competent

4.
authorities designated by France.

Article 3

Article 5

1.
Proof that the minimum price has been paid to the sugar
cane producer shall be established by a certificate drawn up on
unstamped paper by the syrup manufacturer or distiller. It shall
show:

(a) the name of the syrup manufacturer or distiller;

(b) the name of the sugar cane producer;

(c) the total quantities of sugar cane for which the minimum
price determined for the calendar year in question has been
paid and which have been delivered to the syrup factory or
distillery by the producer in question during that calendar
year;

(d) the quantity of product for which the minimum price is

paid.

1.
The national authorities shall take all the steps necessary
to ensure that the conditions for granting the aid provided for
in this Regulation are observed.

2.
Verification shall be by administrative and on-the-spot
controls. The administrative control shall be thorough and
include, if appropriate, cross-checks with the data in the inte-
grated administration and control system in accordance with
Council Regulation (EC) No 3508/92 (1). It shall also cover the
quantities of sugar cane delivered and shall verify compliance
with the minimum price referred to in Article 2.

Based on a risk analysis, the national authorities shall perform
on-the-spot controls on the premises of each syrup manufac-
turer and distiller by sampling at least 10 % of the quantities
delivered by the sugar cane producers.

Article 6

The certificate shall be signed by the sugar cane producer

2.
and the syrup manufacturer or distiller.

France shall notify to the Commission:

The syrup manufacturer or distiller shall keep the orig-

3.
inal. A copy shall be sent to the sugar cane producer.

A syrup manufacturer or distiller using his own sugar
4.
cane production shall keep separate stock records for that cane.

Article 4

1.
The overall quantities referred to in Article 17(2) of Regu-
lation (EC) No 1452/2001 shall be 75 600 hectolitres of agri-
cultural rum, expressed as pure alcohol, and 250 tonnes of
sugar syrup.

2. When the sum of the quantities for which aid is requested
is greater in a given calendar year than the quantity of rum or
sucrose syrup, as appropriate, a standard percentage reduction
shall be applied to each application in respect of the product in
question.

(a) within three months of the entry into force of this Regula-
tion, the additional measures adopted under Article 5;

(b) within 45 working days of the end of each calendar year:

— the total quantities of sucrose syrup and agricultural
rum for which aid has been requested, expressed as
white sugar or hectolitres of pure alcohol,

— the factories and distilleries in receipt of aid,

— the aid received and the quantity of sucrose syrup or
agricultural rum produced by each factory or distillery.

Article 7

Commission Regulation (EC) No 59/97 (2) is hereby repealed.

Article 8

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

3.
Nevertheless, France may allocate the quantity of rum
referred to in paragraph 1 by department on the basis of the
average quantity of agricultural rum sold by each department

It shall apply from 1 January 2002.

(1) OJ L 355, 5.12.1992, p. 1.
(2) OJ L 14, 17.1.1997, p. 25.

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

Done at Brussels, 29 April 2002.

For the Commission

Franz FISCHLER

Member of the Commission