Commission Regulation (EC) No 1460/2003 of 18 August 2003 setting for the 2003/2004 to 2005/2006 marketing years rules of application for Council Regulation (EC) No 1260/2001 as regards the presumed maximum raw sugar supply needs of refineries
Date: 2003-08-18
Institutions: European Commission
Subjects: production quota, raw sugar, sugar industry, supply, tariff quota

L 208/12

EN

Official Journal of the European Union

19.8.2003

COMMISSION REGULATION (EC) No 1460/2003

of 18 August 2003

setting for the 2003/2004 to 2005/2006 marketing years rules of application for Council Regulation
(EC) No 1260/2001 as regards the presumed maximum raw sugar supply needs of refineries

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 Article 39(6) and the second
paragraph of Article 41 thereof,

(e) raw sugar of the tariff quotas opened for the least devel-
oped countries under Commission Regulation (EC) No
1381/2002 (4);

(f) any raw beet sugar for which use has been made of Article

38(5) of Regulation (EC) No 1260/2001;

that are actually refined in excess of the presumed maximum
needs set in Article 39(2) of Regulation (EC) No 1260/2001 or
as reduced under paragraph 5 of that Article.

Whereas:

(1)

(2)

(3)

Article 39 of Regulation (EC) No 1260/2001 contains
provisions on adequacy of supply to Community refi-
neries as defined in the fourth subparagraph of Article
7(4) of
these include the measures
applicable when the presumed maximum needs of refi-
neries are exceeded.

that Regulation;

the provisions

So that
relating to the presumed
maximum needs set in Article 39(2) of Regulation (EC)
No 1260/2001 can be respected it is necessary to stipu-
late the action to be taken by Member States to record
the relevant data and send it to the Commission.

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

1.
For the purposes of application of the penalty stipulated
in Article 39(4) of Regulation (EC) No 1260/2001 the excess
on presumed maximum needs means the total of the quantities
of:

(a) ACP-India preferential raw sugar imported under Title II of

Commission Regulation (EC) No 1159/2003 (3);

(b) special preferential sugar imported under Title III of Regula-

tion (EC) No 1159/2003;

(c) CXL concessions sugar imported under Title IV of Regula-

tion (EC) No 1159/2003;

(d) raw sugar obtained in the French Overseas Departments;

(1) OJ L 178, 30.6.2001, p. 1.
(2) OJ L 104, 20.4.2002, p. 26.
(3) OJ L 162, 1.7.2003, p. 25.

2.
The Member States indicated in Article 39(2) of Regula-
tion (EC) No 1260/2001 shall before 1 November of each
marketing year record converting into white sugar equivalent
the quantities of raw sugar indicated in paragraph 1, the quan-
refined in connection with the previous
tities of
marketing year by the refineries indicated in Article 7(4) of
Regulation (EC) No 1260/2001.

sugar

The above conversion shall be made as specified at Point II.3 of
Annex I to Regulation (EC) No 1260/2001 and, on the basis of
the actual polarisation of the raw sugar, verified as necessary
by the national authorities using the polarimetric method with
the degree expressed to six decimal places.

Article 2

1.
Before 1 December of each marketing year the Member
States indicated in Article 39(2) of Regulation (EC) No 1260/
2001 shall notify to the Commission:

(a) the quantities of sugar as indicated in Article 1(1) above
that were actually refined in connection with the previous
marketing year, expressed by weight of sugar in the natural
state and as white sugar equivalent in line with Article 1(2)
above;

(b) any quantities for which the penalty specified in Article

39(4) of Regulation (EC) No 1260/2001 was applied.

2.
The notifications indicated in paragraph 1 shall be made
electronically using the forms sent by the Commission to the
Member States for that purpose.

Article 3

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

(4) OJ L 200, 30.7.2002, p. 14.

19.8.2003

EN

Official Journal of the European Union

L 208/13

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

Done at Brussels, 18 August 2003.

For the Commission

Franz FISCHLER

Member of the Commission