Commission Regulation (EC) No 1140/2003 of 27 June 2003 amending, in the sugar sector, Regulations (EC) Nos 779/96 laying down detailed rules of application as regards communications and 314/2002 laying down detailed rules for the application of the quota system
Date: 2003-06-27
Institutions: European Commission
Subjects: common organisation of markets, exchange of information, export, import, production quota, storage, sugar, syrup

28.6.2003

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Official Journal of the European Union

L 160/33

COMMISSION REGULATION (EC) No 1140/2003

of 27 June 2003

amending, in the sugar sector, Regulations (EC) Nos 779/96 laying down detailed rules of applica-
tion as regards communications and 314/2002 laying down detailed rules for the application of the
quota system

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), as amended by Commission Regulation (EC)
No 680/2002 (2), and in particular Articles 13(3), 15(8) and the
second subparagraph of Article 41 thereof,

(5)

(6)

(7)

To simplify administrative procedures, certain provisions
of Commission Regulation (EC) No 779/96 (4), as
amended by Regulation (EC) No 995/2002 (5), which the
abovementioned modification of Regulation (EC) No
314/2002 renders obsolete or which experience has
shown to be of no utility in market management, should
be alleviated or deleted.

Regulations (EC) No 779/96 and (EC) No 314/2002
should therefore be amended accordingly.

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

Whereas:

(1)

(2)

(3)

(4)

Under Article 4 of Commission Regulation (EC) No 314/
2002 (3) Member States are to establish provisional
sugar, isoglucose and inulin syrup production figures. In
the light of experience gained, the Member States' obli-
gations under this provision should be clarified and
provision should be made for these production figures
to be notified to the Commission.

Stock figures should be notified by the Member States in
a specific way and external trade figures extracted from
the Comext database of Eurostat. Provision should there-
fore be made for notification by Member States of stocks
of the products in question based on a very precise defi-
nition of stocks that will ensure uniformity of applica-
tion in the Member States. Provision should also be
made for a breakdown by sugar type of the end-of-year
stock in order to establish the balances by Member State.

Since customs statistics do not distinguish the quantities
of C sugar exported, these will have to be deducted from
total exports of sugar in the natural state and, to this
end, provision will have to be made for monthly notifi-
cation by undertakings
to Member States and by
Member States to the Commission of the C sugar quanti-
ties exported.

Article 6(4) of Regulation (EC) No 314/2002 specifies
how the quantity of sugar, isoglucose and inulin syrup
disposed of for consumption within the Community,
referred to in Articles 15 and 16 of Regulation (EC) No
1260/2001,
is to be determined. Experience shows a
need to stipulate in that paragraph that the quantity in
question is to be obtained by totalling the quantities
produced and imported, subtracting those exported and
adjusting for stock variations.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 779/96 is hereby amended as follows:

1.

in the first subparagraph of Article 1, ‘each week in respect
of the preceding week’ is replaced by ‘when requested by it’;

2. point 1 of Article 3 is deleted;

3.

in point 1 of Article 5 ‘each week,
the
preceding week:’ is replaced by ‘each month, in respect of
the preceding month:’;

in respect of

4. Article 6 is amended as follows:

(a) in point 1, ‘each week, in respect of the preceding week:’
is replaced by ‘each month, in respect of the preceding
month:’

(b) point 2 is deleted;

5. Articles 9 and 10 are deleted;

6. Chapters V, VI and VII are deleted;

7. Annexes I, II, III, IV and V are deleted.

Article 2

Regulation (EC) No 314/2002 is hereby amended as follows.

1. Article 4 is replaced by the following:

‘Article 4

1.
For each marketing year a Community supply balance
for sugar, isoglucose and inulin syrup shall be drawn up and
also a sugar supply balance for each Member State. The
balances shall be consolidated at the end of the following
marketing year.

(1) OJ L 178, 30.6.2001, p. 1.
(2) OJ L 104, 20.4.2002, p. 26.
(3) OJ L 50, 21.2.2002, p. 40.

(4) OJ L 106, 30.4.1996, p. 9.
(5) OJ L 152, 12.6.2002, p. 11.

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2. Member States shall establish provisional sugar and
inulin syrup production figures for the current marketing
year for each undertaking located in their territories and
notify them to the Commission before 1 March each year.
Sugar production shall be broken down by month.

For the French departments of Guadeloupe and Martinique
and for Spain as regards cane sugar, the provisional produc-
tion shall be established and notified by 1 July each year.

3. Member States shall notify to the Commission before
1 June each year the areas and production of (a) beet for
production of sugar, alcohol and other products respec-
tively, and (b) chicory for production of inulin syrup, for the
them for the
current marketing year and estimates of
following year.

4.
Before 5 September each year Member States shall
determine and notify to the Commission actual A, B and C
production of sugar, isoglucose and inulin syrup respectively
in the previous marketing year by each undertaking located
in their territory. Sugar production shall be broken down by
month.

5. Where it is necessary to amend actual sugar produc-
tion on the basis of the information notified under para-
graph 4, the resulting difference shall be taken into account
in determining actual production in the marketing year
during which this difference came to light.

6.
Before 1 March each year Member States shall notify
the Commission of the A and B sugar, isoglucose and inulin
the current
syrup allocations
marketing year.’

to each undertaking for

2. The following Articles 4a, 4b and 4c are added:

‘Article 4a

1.
Before the 15th day of each month each isoglucose-
producing undertaking shall notify to the Member State on
whose territory its production took place the quantities,
expressed as dry matter, actually produced during the
previous month.

Member States shall establish the isoglucose production of
each such undertaking in each month and notify it to the
Commission before the end of the second month following.

The quantities produced under inward processing arrange-
ments shall be notified separately. They shall not count for
the purposes of the second subparagraph.

2.
Notwithstanding the first and second subparagraphs of
paragraph 1, a Member State's competent authorities may
decide, at an isoglucose-producing undertaking's substan-
tiated written request:

(a) either to combine its May and June production of the
previous marketing year and count the figure against
the current marketing year;

(b) or to combine all or part of its June production of a
marketing year with its July production of the next
marketing year and count the figure against the latter
marketing year.

In the case set out in point (b) of the first subparagraph, the
request
for combination must indicate at least the June
production quantity to be combined with the July figure.
That quantity may not exceed 7 % of the sum of the under-
taking's A and B quotas for the marketing year during
which the request for combination is made. The combined
quantity shall be considered as the first production against
the undertaking's quotas.

In reaching its decision the Member State shall take into
account the undertaking's production situation and market
demand, with particular reference to quotas and production
levies. An undertaking may benefit from only one of the
two combination types indicated in the first subparagraph
in a given marketing year.

3.
After agreement by the Member State the undertaking
shall notify to it, before the following 15 July (in the case
referred to in point (a) of the first subparagraph of para-
graph 2) or 15 August (in the case referred to in point (b)
of the first subparagraph of paragraph 2) the quantities,
expressed as dry matter, actually produced during the two-
month period, account taken as appropriate of the actual
quantity to be combined referred to in the second subpara-
graph of paragraph 2.

The Member State shall establish and notify to the
4.
Commission, before 15 October, the combined isoglucose
production of the undertaking concerned during the two
months in question that is to be counted against the current
marketing year's production, in accordance with point (a) or
(b) respectively of the first subparagraph of paragraph 2.

5.
The provisions of point (b) of the first subparagraph
of paragraph 2 shall not be applicable to the last marketing
year indicated in Article 10(1) of Regulation (EC) No 1260/
2001.

Article 4b

Each undertaking to which a sugar production quota
1.
has been granted and each refinery covered by Article 7(4)
of Regulation (EC) No 1260/2001 shall notify to the compe-
tent authority of the Member State in which production or
refining took place, before the 20th of each month, the total
the sugars and
quantities, expressed as white sugar, of
syrups indicated in Article 1(1)(a), (b), (c), and (d) of this
Regulation:

— owned by it or covered by a warrant, and

— stored in free circulation on Community territory at the

end of the previous month.

Those quantities shall be broken down by Member State of
storage into:

— sugar produced by that undertaking under A and B

quotas,

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— sugar carried forward in accordance with Article 14 of

Article 4c

Regulation (EC) No 1260/2001,

— C sugar, and

— other sugar.

2.
The authority indicated in paragraph 1 may also, for
the purposes of administrative and physical checks, require
undertakings to notify exact storage locations and purchases
and sales of sugar.

If storage is in a different Member State from the one noti-
fying the Commission, the latter Member State shall inform
the former of the quantities stored on its territory and their
locations by the end of the following month.

Each Member State shall notify to the Commission, before
the end of the second month following, the total quantity of
sugar stored at the end of each month by the undertakings
indicated in paragraph 1, broken down by sugar type as
indicated in the second subparagraph thereof.

The notification for stocks on 30 June shall however break
down each type of sugar in storage by Member State of
storage. Where the type of sugar stored outside the country
of production is not determined, this sugar is deemed to be
A and B sugar.

Before 31 August 2003 Member States shall notify the
stocks of sugar on 30 June 2002 and 30 June 2003, broken
down by Member State of storage and sugar type as indi-
cated in paragraph 1.

3.
Each undertaking to which a production quota has
been granted for isoglucose or inulin syrup shall notify to
the competent authority of the Member State in which
the quantities,
production took place, before 1 August,
expressed as white sugar equivalent, of isoglucose or inulin
syrup owned by it and stored in free circulation on Commu-
nity territory at the end of the previous marketing year,
broken down into:

— isoglucose and inulin syrup produced by it under quotas

A and B;

1.
Undertakings producing C sugar shall notify to the
competent authorities of the Member State in which it was
produced, before the end of each month, the quantities they
exported during the previous month. These shall be broken
down by Member State of export.

Member States shall notify to the Commission, before the
end of the second month following, the monthly quantity of
C sugar exported by the undertakings indicated in the first
subparagraph, broken down as specified therein.

On the basis of proof of export as indicated in Article 2 of
Commission Regulation (EEC) No 2670/81 (*), Member
States shall notify to the Commission, before 15 May, the
quantity of C sugar exported in each month of the previous
marketing year by the undertakings indicated in the first
subparagraph, broken down as specified therein.

2.
Undertakings that produced C sugar during one or
both of the marketing years 2001/02 and 2002/03 shall
before 1 August 2003 notify to the competent authorities
of the Member State in which it was produced the quantities
of it exported during the 2002/03 marketing year, broken
down by Member State of export.

Member States shall notify to the Commission, before 5
September 2003, the quantities of C sugar exported by the
above undertakings during the 2002/03 marketing year,
broken down as specified therein.

(*) OJ L 262, 16.9.1981, p. 14.’

3. Article 6(4) is replaced by the following:

‘4.
The quantities disposed of for consumption in the
Community to be recorded under Article 15(1)(b) and (2)(a)
of Regulation (EC) No 1260/2001 shall be established by
totalling the quantities, expressed as white sugar, of the
sugars and syrups indicated in Article 1(1)(a), (b), (c), and (d)
and of isoglucose and inulin syrup:

(a) stored at the beginning of the marketing year;

(b) produced under quotas A and B;

(c) imported in the natural state;

(d) contained in imported processed products;

— C isoglucose and C inulin syrup; and

— other.

subtracting the quantities referred to in the first subpara-
graph, expressed as white sugar, of sugar,
isoglucose and
inulin syrup:

(a) exported in the natural state;

Member States shall notify to the Commission, before 1
September, the quantities of isoglucose and inulin syrup
stored at the end of the previous marketing year, broken
down as specified in the first subparagraph.

(b) contained in exported processed products;

(c) stored at the end of the marketing year;

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(d) for which certificates for production refunds as indicated
in Article 7(3) of Regulation (EC) No 1260/2001 have
been issued.

Quantities as indicated in points (c) and (d) of the first
subparagraph and in points (a) and (b) of the second subpar-
agraph shall be extracted from the Eurostat databases and
shall,
if the figures for a marketing year are incomplete,
cover the most recent 12 months available. Quantities
produced under inward processing arrangements shall not
be counted.

Quantities as indicated in point (c) of the first subparagraph
and point (a) of the second subparagraph shall include those
consigned to the Canary Islands, Madeira and the Azores
covered by Article 1(1a) of Regulation (EEC) No 2670/81.

The quantities of sugar, isoglucose and inulin syrup in the
products indicated in point (d) of the first subparagraph and
point (b) of the second subparagraph shall be established on
the basis of the average sugar contents established for the
products concerned and of Eurostat figures.

Quantities as indicated in point (a) of the second subpara-
graph shall exclude C sugar, C isoglucose, C inulin syrup
and food aid.’

Article 3

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

It shall apply from 1 July 2003.

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

Done at Brussels, 27 June 2003.

For the Commission

Franz FISCHLER

Member of the Commission