Commission Regulation (EC) No 651/2005 of 28 April 2005 amending Regulation (EC) No 60/2004 laying down transitional measures in the sugar sector by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
Date: 2005-04-28
Institutions: European Commission
Subjects: accession to the European Union, agricultural trade, common organisation of markets, sugar, transitional period (EU)

29.4.2005

EN

Official Journal of the European Union

L 108/3

COMMISSION REGULATION (EC) No 651/2005

of 28 April 2005

amending Regulation (EC) No 60/2004 laying down transitional measures in the sugar sector by
reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

view of the need to use the information resulting from
the elimination of surplus quantities for the determi-
the marketing year
nation of production levies
2004/2005 before 15 October 2005 and for
the
decision on quota declassification before 1 October
2005.

for

Having regard to the Treaty of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia,

(4)

the potentially important

In view of
financial conse-
quences that a new Member State may face in case its
surplus
is
justified to extend over four years the period for the
payment of the charge due by the new Member States.

is not eliminated appropriately,

sugar

it

Having regard to the Act of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia, and in particular the first subparagraph
of Article 41 thereof,

Whereas:

(1)

(2)

of Commission Regulation
(EC) No
Section
2
60/2004 (1)
lays down transitional measures to avoid
speculation in the sugar sector due to the accession of
the Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
Hungary, Malta, Poland, Slovenia and Slovakia (new
Member States) to the European Union. That Section
specifies a number of deadlines in relation to the deter-
mination of surplus quantities of sugar, to their elimi-
nation and for the respective proof to be provided by
either the responsible operator or the new Member State
concerned. It also fixes the periods for the values to be
used for the calculation of charges for operators and new
are not
Member States
eliminated.

surplus quantities

in case

Due to delays in the arrival of additional information on
the surplus quantities in the new Member States and the
time required for the thorough analysis of that infor-
mation and
States
concerned,
it was not possible for the Commission to
determine surplus quantities of sugar by 31 October
2004, as provided for by the first subparagraph of
Article 6(1) of Regulation (EC) No 60/2004.

discussion with

the Member

(3)

The deadlines fixed by Regulation (EC) No 60/2004 need
to be adjusted accordingly and, to the extent possible, in

(1) OJ L 9, 15.1.2004, p. 8.

(5)

Regulation (EC) No 60/2004 should therefore be
amended accordingly.

(6)

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 60/2004 is amended as follows:

1. Article 6 is amended as follows:

(a)

the first subparagraph of paragraph 1 is replaced by the
following:

‘The Commission shall determine by 31 May 2005 at the
latest, for each new Member State,
in accordance with
the procedure referred to in Article 42(2) of Regulation
(EC) No 1260/2001, the quantity of sugar as such or in
processed products,
isoglucose and fructose exceeding
the quantity considered as being normal carry-over
stock at 1 May 2004 and which has to be eliminated
from the market at the expense of the new Member
States.’;

L 108/4

EN

Official Journal of the European Union

29.4.2005

(b) the introductory phrase of paragraph 2 is replaced by the

following:

(e)

the fourth subparagraph of paragraph 4 is replaced by
the following:

‘The new Member State concerned shall ensure the elim-
ination from the market of a quantity of sugar or
isoglucose, without Community intervention, equal to
the surplus quantity referred to in paragraph 1, by 30
November 2005 at the latest:’;

‘The export licence referred to in point (a) of the first
subparagraph shall be valid from the date of its issue
until 30 November 2005.’;

2. Article 7 is replaced by the following:

(c)

the second and third subparagraphs of paragraph 3 are
replaced by the following:

‘Article 7

‘The new Member State shall use that system to compel
the operators concerned to eliminate from the market at
their own expense an equivalent quantity of sugar or
isoglucose of
surplus
determined
quantity. The operators concerned shall provide the
proof,
the new Member State,
that products were eliminated from the market by 30
November 2005 at the latest.

to the satisfaction of

individual

their

In case such proof is not provided, the new Member
State shall charge an amount equal to the quantity in
question multiplied by the highest
import charges
applicable to the product concerned during the period
from 1 May 2004 to 30 November 2005, increased by
EUR 1,21/100 kg in white
sugar or dry matter
equivalent.’;

(d) the introductory phrase of

the first subparagraph of

paragraph 4 is replaced by the following:

sugar or

‘When the
eliminated in
accordance with
operators
the
concerned shall provide the proof of export by 28
February 2006 at the latest by the presentation of:’;

isoglucose

paragraph

2(a),

is

Proof of elimination by new Member States

By 31 March 2006 at the latest, the new Member
1.
States shall provide proof
the
surplus quantity referred to in Article 6(1) was eliminated
from the market in accordance with Article 6(2) and specify
for each method the quantity eliminated.

to the Commission that

In case the proof of elimination from the market is not
2.
provided in accordance with paragraph 1, for a part or the
totality of the surplus quantity, the new Member State is
charged an amount equal to the quantity not eliminated
multiplied by the highest export
refunds applicable to
white sugar falling within CN code 1701 99 10 during the
period from 1 May 2004 to 30 November 2005. A share
equal to 25 % of the total amount will be assigned to the
Community budget by 31 December at the latest of each of
the following years, 2006, 2007, 2008 and 2009. The total
amount will be taken into account for the calculation of the
production levies for the marketing year 2004/2005.’

Article 2

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

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

Done at Brussels, 28 April 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission