Commission Regulation (EC) No 1410/2002 of 1 August 2002 concerning aid for the processing of sugar cane into sugar syrup or agricultural rum on Madeira
Date: 2002-08-01
Institutions: European Commission
Subjects: Madeira, aid system, aid to agriculture, spirits, sugar, sugar cane, syrup

L 205/24

EN

Official Journal of the European Communities

2.8.2002

COMMISSION REGULATION (EC) No 1410/2002

of 1 August 2002

concerning aid for the processing of sugar cane into sugar syrup or agricultural rum on Madeira

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1453/2001 of 28
June 2001 introducing specific measures for certain agricultural
products for the Azores and Madeira and repealing Regulation
(EEC) No 1600/92 (Poseima) (1), and in particular Article 19
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Article 18 of Regulation (EC) No 1453/2001 provides
that Community aid is to be granted for the direct
processing of sugar cane produced on Madeira into sugar
syrup or 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 (EC) No 3378/94 of
the
European Parliament and of the Council (3).

This aid is paid on condition that
the sugar-cane
producer is paid a minimum price, up to a maximum
annual quantity of 2 500 hectolitres of agricultural rum
in the case of sugar syrup, a maximum
at 71,8° or,
annual quantity of 250 tonnes. The aid is calculated in
such as way that the ratio between the two aid amounts
takes account of the quantities of raw material used. In
the interests of clarity the amounts for rum should be
expressed as pure alcohol.

A minimum price should be fixed for sugar cane
intended for the manufacture of sugar syrup or rum
which takes account of the consultations held by the
Government of the Autonomous Region of Madeira with
sugar-cane producers and the businesses processing the
cane into syrup and rum.

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

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

HAS ADOPTED THIS REGULATION:

Article 1

1.
Aid for the direct processing of sugar cane into sugar
syrup or agricultural rum as provided for in Article 18 of Regu-
lation (EC) No 1453/2001 shall be paid in accordance with this
Regulation to any syrup manufacturer or distiller whose facil-

(1) OJ L 198, 21.7.2001, p. 26.
(2) OJ L 160, 12.6.1989, p. 1.
(3) OJ L 366, 31.12.1994, p. 1.

ities are located on the territory of Madeira and who directly
processes cane harvested on Madeira.

2.
Aid shall be paid out each year for the quantities of sugar
cane processed directly into sugar syrup or agricultural rum for
which the syrup manufacturer or distiller shows proof that the
sugar-cane producers concerned have been paid the minimum
price referred to in Article 2.

3.

The aid shall be:

(a) for sugar syrup: EUR 53 per 100 kilograms of sugar

expressed as white sugar;

(b) for agricultural rum: EUR 90 per hectolitre of pure alcohol

produced.

Article 2

The minimum price referred to in the second subpara-
1.
graph of Article 18(1) of Regulation (EC) No 1453/2001 shall
be EUR 78,9 per tonne of cane of sound and fair marketable
quality, of standard sugar content and delivered in bulk to the
processor/distiller.

2.
The standard sugar content and the scale of increases and
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 regional authority on the
proposal of a joint committee of distillers, syrup manufacturers
and sugar-cane producers.

Article 3

1.
Proof that the minimum price has been paid to the sugar-
cane producer shall be established by means of a certificate
drawn up on unstamped paper by the syrup manufacturer or
distiller. The certificate 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 fixed for the calendar year concerned has been paid
and which have been delivered to the syrup factory or
distillery by the producer concerned during that calendar
year;

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

been paid.

The certificate shall be signed by the sugar-cane producer

2.
and the syrup manufacturer or distiller.

The syrup manufacturer or distiller shall keep the original.

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

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Official Journal of the European Communities

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Article 4

Article 6

1. When the sum of the quantities covered by aid applica-
tions in a given calendar year is greater than the maximum
annual quantity of rum or sugar syrup referred to in Article
18(2) of Regulation (EC) No 1453/2001, as the case may be, a
standard percentage reduction shall be applied to each applica-
tion for the product concerned.

Aid applications shall be submitted to the competent

2.
authorities designated by Portugal.

Article 5

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 complied with.

2.
Verification shall be by administrative and on-the-spot
checks. The administrative check shall be thorough and include,
if appropriate, cross-checks with the data in the integrated
administration and control system in accordance with Council
Regulation (EEC) No 3508/92 (1), as last amended by Commis-
sion Regulation (EC) No 495/2001 (2). It shall also cover the
quantities of cane delivered and compliance with the minimum
price referred to in Article 2.

Based on a risk analysis, the national authorities shall perform
on-the-spot checks on the premises of each syrup manufacturer
and distiller by sampling at least 10 % of the quantities deliv-
ered by the sugar-cane producers.

Portugal shall notify the Commission:

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

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

— of the total quantities of sugar syrup and agricultural
rum covered by aid applications, expressed as white
sugar or hectolitres of pure alcohol, as the case may be,

— of the factories and distilleries in receipt of aid,

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

Article 7

Commission Regulation (EEC) No 2627/93 (3)
repealed.

is hereby

Article 8

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

It shall apply from 1 January 2002.

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

Done at Brussels, 1 August 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 355, 5.12.1992, p. 1.
(2) OJ L 72, 14.3.2001, p. 6.

(3) OJ L 240, 25.9.1993, p. 19.