Proposal for a Council Regulation on the common organisation of the markets in the sugar sector {SEC(2005) 808}
Date: 2005-06-22
Institutions: European Commission
Subjects: common organisation of markets, farm prices, farmers' income, reference price, sugar

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.6.2005 
COM(2005) 263 final 

2005/0118 (CNS) 
2005/0119 (CNS) 
2005/0120 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the common organisation of the markets in the sugar sector 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 1782/2003 establishing common rules  
for direct support schemes under the common agricultural policy  
and establishing certain support schemes for farmers 

Proposal for a 

COUNCIL REGULATION 

establishing a temporary scheme for the restructuring of the sugar industry in the 
European Community and amending Regulation (EC) No 1258/1999  
on the financing of the common agricultural policy 

(presented by the Commission) 

{SEC(2005) 808} 

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EXPLANATORY MEMORANDUM 

1. 

INTRODUCTION 

In  September  2003  the  Commission  published  a  Communication1,  with  an 
accompanying Impact Assessment on the Sugar Sector2, on the options for reform of 
the  EU  sugar  regime,  which  were  followed  in  July  2004  by  a  Communication 
outlining the Commission’s proposal for the future of the EU sugar regime3. 

From the resulting debate, the Commission has sought to take into account the views 
expressed  by  the  Council,  the  European  Parliament4,  the  European  Economic  and 
Social Committee5 and other Consultative Committees, as well as civil society, and 
to incorporate new elements into the present legislative proposal. 

Furthermore,  the  recent  findings  of  the  World  Trade  Organisation  (WTO)  panel 
challenging  the  EU  sugar  export  regime,  as  upheld  by  the  WTO  Appellate  Body6, 
make  necessary  a  number  of  changes  to  the  EU  sugar  export  regime,  in  order  to 
comply with the EU’s international commitments. 

Towards a sustainable long-term policy perspective for the EU sugar sector 

There is a clear political consensus that the EU sugar sector must:  

– 

– 

– 

– 

– 

move away from the attrition scenario under the current regime, which would 
drastically curtail sugar production under quota in both the EU’s most and least 
competitive sugar producing regions; 

be  brought  in  line  with  the  CAP  reform  process,  in  particular  the  new 
orientation  given  with  the  introduction  of  decoupling,  the  single  payment 
scheme and the application of cross-compliance rules; 

develop,  without  delaying  the  necessary  economic  adjustments,  within  a 
sustainable  market  environment,  based  upon  improved  competitiveness  and 
greater market orientation; 

attain  a  sustainable  market  balance,  in  relation  to  domestic  production  levels 
and international commitments; 

be  provided  with  a  long-term  policy  framework,  not  requiring  any  review  in 
2008. 

In this context, the Commission proposes that: 

– 

the EU institutional price, net of the restructuring amount, will be cut by 39%, 
over two years, to ensure a sustainable EU market balance, consistent with the 
EU’s international commitments; 

1 
2 
3 
4 
5 
6 

COM(2003) 554. 
SEC(2003) 1022. 
COM(2004) 499  
Final Resolution P6 – TA(2005)0079 adopted at the plenary session of 10 March 2005. 
Opinion 1646/2004 – NAT 258, adopted on 15 December 2004. 
Appellate Body Report AB-2005-2, EC-Export Subsidies on Sugar, 28 April 2005. 

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– 

– 

the  national  envelopes  for  the  farmer  direct  payments  in  each  Member  State 
will grant 60% of the estimated revenue loss from this 39% institutional price 
cut; 

the sugar quota regime will be extended until the end of the 2014/15 marketing 
year. 

Environmentally  and  socially  acceptable  competitiveness  for  the  EU  sugar 
sector  

With  regard  to  the  necessary  economic  adjustments  in  the  sector,  there  has  been 
widespread  reticence  over  the  idea  of  transferability  of  quotas  between  Member 
States.  Such  a  position  makes  compulsory  quota  cuts,  to  maintain  internal  market 
balance  as  from  2006/07,  an  unviable  proposition,  in  particular  in  the  light  of  the 
outcome of the WTO sugar panel. 

The question of the necessary tools for the restructuring of the sector has therefore 
been  reframed.  The  Commission  is  now  proposing  an  ambitious,  voluntary  and 
temporary  restructuring  scheme  for  the  EU  sugar  sector,  to  be  implemented  over  a 
four-year period. The scheme will provide: 

– 

– 

a high, degressive per-tonne restructuring aid, available to EU sugar factories, 
isoglucose  and  inulin  syrup  producers,  which  will  be  granted  for  factory 
closure and renunciation of the quota; 

a top-up payment, to ensure sugar beet growers the possibility of receiving the 
full,  final  direct  payment,  as  from  the  first  marketing  year,  in  the  event  that 
they  abandon  production,  owing  to  the  fact  that  the  factory,  with  which  they 
have sugar beet delivery rights, has closed under the restructuring scheme. 

Financing for the restructuring scheme will come from a specific amount, charged on 
all  sweetener  quota.  Full-time  sugar  refiners  and  sugar  undertakings  in  outermost 
regions will not be part of the scheme. 

The Commission also considers that developments taking place in the framework of 
the  Biofuels  Policy  represent  an  interesting  opportunity  for  the  sugar  sector.  To 
encourage these developments, before the end of 2006, the Commission will amend 
the relevant regulations to allow sugar beet to qualify for set-aside payments, when 
cultivated as a non-food crop, and also be made eligible for the energy crop aid of 
€ 45/ha provided under the 2003 CAP reform. 

Keeping the EU sugar regime in line with international commitments 

Without  prejudice  to  the  EU’s  stated  intention  to  phase-out  agricultural  export 
subsidies in the framework of the Doha Development Agenda (DDA), the report of 
the  WTO  requires  certain  changes  in  order  to  ensure  that  EC  export  subsidy 
commitments are respected. 

In  order  to  maintain  a  certain  production  level  in  current  “C”  sugar  producing 
Member States, the Commission proposes that: 

– 

– 

an  additional  amount  of  1  million  tonnes  of  quota  shall  be  made  available  to 
those Member States; 

at the time of allocation of that quota to sugar producers, a one-off, per-tonne 
amount will be charged, equal to the level of the year 1 restructuring aid. 

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The Commission considers that the duty-free imports, foreseen for Least Developed 
Countries (LDC) under the “Everything But Arms (EBA) initiative as from 2009/10, 
should be maintained and that EBA countries should also be provided with a stable, 
long-term perspective for the development of their economy. These countries should 
benefit from the same guaranteed prices as those provided in the ACP sugar protocol. 

Moreover it has to be made sure that EBA imports are not misused by shipping to the 
EU  sugar  of  non-LDC  origin.  The  best  way  to  achieve  this  is  to  negotiate  at 
international level a specific safeguard clause. 

However,  with  the  non-participation  of  EU  sugar  refiners  in  the  restructuring 
scheme, the minimum guaranteed import price for ACP Protocol sugar will move in 
line  with  the  EU  institutional  price  and  preferential  sugar  suppliers  will  therefore 
benefit from a delay in the cut of their preferential raw sugar price compared to EU 
producer prices. 

is  currently 

taking  place  with  ACP  countries,  regarding 

the 
A  dialogue 
Commission’s  Working  Paper7  for  an  “Action  Plan  on  accompanying  measures  for 
Sugar  Protocol  countries  affected  by  the  reform  of  the  EU  sugar  regime.”  These 
measures  aim  to  help  Sugar  Protocol  countries  to  adjust  to  the  changing  market 
conditions by enhancing competitiveness of their sugar sectors, by diversifying into 
other  economic  activities  or  by  addressing  broader  social,  economic  and/or 
environmental impacts of these changes. 

In addition to the ongoing dialogue with Croatia and the Former Yugoslav Republic 
of  Macedonia,  a  Tariff  Rate  Quota  (TRQ)  for  Albania,  Bosnia-Herzegovina,  and 
Serbia-Montenegro has been introduced8, as from 1 July 2005. 

The consequences of the Accession of Bulgaria and Romania have also been taken 
into account in the proposed changes to the EU sugar regime. 

These  three  key  elements  of  the  EU  sugar  regime  will  be  addressed  through  three 
legal  instruments:  proposed  measures  for  the  reform  of  the  sugar  common  market 
organisation  (CMO),  measures  for  the  restructuring  of  the  EU  sugar  sector  and 
measures for direct income support for sugar beet producers. 

2. 

PROPOSED MEASURES FOR REFORM OF THE SUGAR CMO 

2.1. 

Duration of the sugar regime 

The EU sugar regime will be prolonged until the end of the 2014/15 marketing year 
and there will be no review in 2008. 

7 
8 

SEC(2005) 61, 17.1.2005. 
Council Regulation (EC) No 374/2005 (OJ L 59, 5.3.2005, p. 1). 

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2.2. 

Prices 

Intervention and start date of the sugar campaign 

In  order  to  further  the  move  away  from  public  intervention  mechanism  for  EU 
market sectors, it is proposed to abolish the intervention mechanism and intervention 
price for sugar. 

In  order  to  ease  the  implementation  of  the  price  cuts,  it  is  proposed  to  change  the 
start  date  of  the  sugar  campaign  from  1  July  to  1  October,  starting  in  the  2007/08 
campaign. 

Reference Price 

The intervention price will be replaced by a reference price for sugar. To boost EU 
competitiveness  and  lessen  the  gap  with  the  prevailing  world  sugar  price,  the 
reference price will be set at a level 39% lower than the current intervention price. 
The  price  decrease  will  be  achieved  within  two  years,  beginning  in  the  2006/07 
campaign. 

The  reference  price  will  serve  in  the  establishment  of  the  trigger  level  for  private 
storage. 

Minimum Sugar Beet Price 

The  minimum  price  for  sugar  beet  has  been  calculated,  in  line  with  the  proposed 
reference  price  cuts,  net  of  the  restructuring  amount.  However,  in  order  to  take 
account of the move away from a rigid price support system, through the abolition of 
the  intervention  mechanism,  a  flexibility  clause  has  been  introduced,  which  would 
grant  sugar  beet  growers  the  possibility  to  negotiate  the  sugar  beet  price  down  to 
10% below that guaranteed minimum price. The schedule for the price reductions is 
given in Annex.  

Price Reporting 

A price reporting mechanism for sugar shall be put in place in time for operational 
use, as from the 2006/07 campaign. 

2.3. 

Quotas 

Setting up a Single EU Quota 

The current quota arrangements proposal will be simplified, by merging the “A” and 
“B” quotas into one single quota. An additional amount of 1 million tonnes of quota 
shall be made available to current “C” sugar producing Member States. At the time 
of  allocation  of  that  quota  to  sugar  producers,  a  one-off,  per-tonne  amount  will  be 
charged, equal to the level of the year 1 restructuring aid. 

A surplus amount mechanism will be established, to bring an overall consistency to 
the  single  quota  system,  distinguishing  clearly  the  different  sources  of  sugar  and 
ensuring the legal security of the system. 

Quota Reductions 

There  will  be  no  compulsory  quota  reductions  during  the  restructuring  period. 
Market  balance  will  be  ensured  by  the  amounts  of  sugar  quota  entering  the 

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restructuring scheme and the market balance tools proposed below. At the end of the 
restructuring period, quota cuts will be applied, if needed, on the basis of a flat-rate, 
percentage cut in the total quota of each Member State. 

Isoglucose 

Owing  to  the  relationship  between  the  isoglucose  and  sugar  markets,  the  proposed 
price reductions will also impact on the EU isoglucose sector revenue. Therefore, the 
isoglucose sector will need to be in a position to profit from economies of scale, in 
order to have a long-term prospect of economic viability. Under these circumstances, 
a  progressive  and  proportional  increase  of  isoglucose  quotas,  of  100 000  t/year  for 
three years beginning in 2006/07, is proposed. 

2.4.  Market Balance Tools 

Carry forward mechanism 

As  in  the  current  regime,  sugar  factories  will  be  allowed  to  carry  forward  any 
overshoot of quota in a given marketing year to the quota of the following marketing 
year. 

Withdrawal Mechanism 

Moreover,  the  Commission  will  retain  the  possibility  of  dealing  with  market 
imbalance,  in  a  given  marketing  year,  by  withdrawing  a  percentage  of  quota  sugar 
from the market until the beginning of the following marketing year. However, when 
setting  the  quota  for  that  following  marketing  year,  the  Commission  will  take  into 
account not only the quantities withdrawn but also the quantities renounced through 
the restructuring scheme. 

Private Storage 

A private storage scheme is proposed, in order to open the possibility of temporarily 
withdrawing  sugar  from  the  market.  It  will  be  implemented,  as  appropriate,  by  the 
Commission,  should  the  market  price  fall  below  the  reference  price.  Quantities 
withdrawn will not be eligible for private storage support. 

2.5. 

Specific measures for the chemical and pharmaceutical industries 

It is proposed that the current arrangements for excluding the sugar used for alcohol, 
including  rum,  bio-ethanol  and  yeast  production  from  the  production  quotas  will 
continue  and  will  be  extended  to  those  quantities  of  sugar  used  by  chemical  and 
pharmaceutical industries, for end products with a high utilisation of sugar. 

In view of the possibility that the chemical and pharmaceutical industries may fail to 
obtain,  during  an  extended  period,  supplies  of  sugar  at  a  price  in  line  with  world 
market prices, it is proposed that the production refund mechanism will be retained, 
in  order  to  ensure  adequate  sugar  supplies  to  these  industries.  However,  if  further 
difficulties  make  it  necessary,  the  possibility  of  opening  of  a  specific  TRQ  for  the 
chemical and pharmaceutical industries will be envisaged.  

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2.6. 

International Commitments 

Under  the  Traditional  Supply  Need  mechanism,  import  certificates  for  preferential 
sugar  for  refining  will  be  reserved  for  full-time  refiners.  A  complementary  import 
TRQ  would  be  opened,  if  necessary,  to  ensure  the  supply  of  these  refiners.  From 
2009/10,  once  the  EBA  initiative  is  fully  implemented,  the  management  of 
preferential  imports  will  be  partially  opened  to  other  operators,  including  non  full-
time refiners. 

The Commission will continue to have the possibility to ensure, if needed, that Sugar 
Protocol  commitments  on  quantities  to  be  imported  at  the  minimum  guaranteed 
import  price  up  to  2007,  or  new  ones  deriving  from  future  Economic  Partnership 
Agreements (EPA), are fulfilled. 

3. 

PROPOSED MEASURES FOR THE RESTRUCTURING OF THE EU SUGAR SECTOR 

3.1. 

Restructuring Scheme 

The Commission proposes a new, voluntary and temporary restructuring scheme for 
the EU sugar sector, which will operate for four years (2006/07 to 2009/10). 

The  restructuring  fund  has  three  main  objectives:  firstly  to  provide  incentives  to 
encourage  less  competitive  producers  to  leave  the  industry,  secondly  to  provide 
money  to  cope  with  the  social  and  environmental  impacts  of  factory  closure 
(financing  of  social  plans  or  redeployment  programs  and  reconversion  measures  to 
bring the site into good environmental condition) and thirdly to provide funds for the 
most affected regions. The conditions for having access to the restructuring fund are 
to  be  fixed  on  Community  level  in  accordance  with  the  economic,  social  and 
environmental  objectives  of  the  fund.  The  fulfilment  of  these  conditions  has  to  be 
controlled  by  the  Member  States;  restructuring  aid  can  only  be  granted  once  the 
closing factory is clearly committed to the respect of these conditions. 

Financing for the restructuring scheme will come from a specific, per-tonne amount, 
charged over three years on all sweetener quota. The restructuring amount will be set 
at € 126.40/t in 2006/07, € 91.00/t in 2007/08 and € 64.50/t in 2008/09. 

The scheme will provide a high, degressive per-tonne aid, available only to EU sugar 
factories,  isoglucose  and  inulin  syrup  producers,  wishing  to  cease  production.  In 
year 1, the aid will be set at € 730/t of quota, falling gradually to € 420/t of quota in 
year 4. In order to encourage an early uptake of the scheme, sugar factories closing 
as from 1 July 2005 will be eligible for the restructuring aid. 

Furthermore, as from 2008/09, a part of the restructuring aid may be earmarked for 
diversification  measures  in  regions  most  affected  by  the  sugar  reform.  Note  should 
also  be  taken  of  the  additional  possibilities  provided  for  by  the  instruments  of 
European Cohesion policy, to assist the economic restructuring and the retraining of 
workers in zones that are particularly hard hit by the consequences of the reform. 

3.2. 

Top-up Payment for Sugar Beet Growers 

Through  the  restructuring  scheme  budget,  sugar  beet  growers  will  receive  a  top-up 
payment, to ensure the possibility of receiving the full, final direct payment to those 

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growers,  who  have  to  abandon  production  owing  to  the  closure  of  the  factory  with 
which they have sugar beet delivery rights, from year 1 of the price cuts. 

4. 

PROPOSED MEASURES FOR DIRECT INCOME SUPPORT FOR SUGAR BEET PRODUCERS 

The Commission proposes to grant direct payments to farmers on the global base of 
those who produced sugar beet under quota in the historical reference period, 2000–
2002.  However,  Member  States  may,  for  reasons  of  fairness,  exercise  flexibility  in 
calculating the direct payment of individual farmers over a different period. 

The  national  envelopes  for  each  Member  States  for  the  direct  payments  will 
represent  60%  of  the  estimated  revenue  loss  from  the  two-step,  39%  institutional 
price  cuts.  The  revenue  loss  was  estimated  taking  into  account  the  change  in  the 
weighted minimum sugar beet price in each Member State, multiplied by the quota 
level (see Annex 2). Member States will also receive an additional envelope destined 
to  compensate  growers  in  their  territory  supplying  chicory  for  the  production  of 
inulin syrup. 

The direct payment for Outermost Regions will be brought into the single framework 
for the POSEI, currently under discussion, and will thus be excluded from the single 
payment scheme. Moreover, the French outermost regions that were the only ones to 
benefit from disposal aid will receive an additional amount corresponding to current 
disposal measures under the reference period.  

5. 

BUDGETARY IMPACT OF THE PROPOSALS FOR THE SUGAR REFORM 

For the period, the cost of the proposed reform respects the status quo expenditure, as 
proposed at the time of the CAP Reform proposals of January 2003. The costs of the 
new  measures  proposed  for  this  sector,  for  which  the  direct  decoupled  payment  to 
producers represents the major element, will be mainly offset by the savings resulting 
from  a  substantial  reduction  in  export  refund  expenditure  and  abolition  of  the 
refining aid. 

for  direct 

When  the  proposed  measures  for  the  sector  have  been  fully  implemented,  the 
involve  an  annual  cost  of 
envelopes 
EUR 1 542 million.  Any  costs  in  respect  of  the  private  storage  scheme  should  be 
limited and only arise if market prices risk falling significantly below the reference 
price. 

income  support  will 

With  regard  to  the  restructuring  scheme,  an  ad  hoc  restructuring  amount  will  be 
charged  to  finance  it  and  will  be  assigned  to  a  restructuring  fund.  The  amount  of 
EUR 4 225 million  will  be  charged  over  three  marketing  years  (2006/07  up  to 
2008/09)  and  the  restructuring  aid  will  be  available  for  four  marketing  years 
(2006/07 to 2009/10). 

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Annex 1 – Proposed Institutional Prices in the EU Sugar Sector 

Institutional/Reference Sugar Price, 
(EUR/t) 

Institutional/Reference Sugar Price, net of 
Restructuring Amount (EUR/t) 

Reference 
period 

2006/07 

2007/08 

2008/09 

2009/10 

631.9 

631.9 

476.5 

449.9 

385.5 

631.9 

505.5 

385.5 

385.5 

385,5 

Restructuring Amount (EUR/t) 

– 

126.4 

91.0 

64.5 

– 

Minimum Sugar Beet Price (EUR/t)* 

43.63 

32.86 

25.05 

25.05 

25.05 

* 

For the reference period the minimum sugar beet price is the weighted average for EU-15. 

Annex 2 – Envelopes for Direct Income Support for Farmers (EUR million) 

Payment steps 

in 2006/07 

from 2007/08 

in 2006/07 

from 2007/08 

B 

49 

84 

NL 

42 

74 

19 

34 

A 

19 

33 

DK 

D 

EL 

155 

278 

18 

29 

E 

60 

96 

P 
continental

FIN 

S 

4 

6 

8 

14 

21 

34 

F 
continental 

IRL 

I 

151 

270 

UK 

64 

105 

11 

18 

80 

136 

F* 
overseas 

P* 
Azores 

27 

44 

1 

CZ 

HU 

LV 

LT 

PL 

SK 

SI 

EU-25 

in 2006/07 

from 2007/08 

28 

44 

25 

40 

4 

7 

7 

10 

99 

159 

12 

19 

3 

5 

907 

1 542 

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2005/0118 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the common organisation of the markets in the sugar sector 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Articles 36 and 37 thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion from the European Parliament, 

Having regard to the opinion from the European Economic and Social Committee, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  operation  and  development  of  the  common  market  for  agricultural  products 
should  be  accompanied  by  the  establishment  of  a  common  agricultural  policy  to 
include, in particular, a common organisation of agricultural markets which may take 
various forms depending on the product. 

The sugar market in the Community is based on principles which for other common 
market organisations have been substantially reformed in the past. In order to pursue 
the objectives set out in Article 33 of the Treaty, and notably in order to stabilise the 
markets and to ensure a fair standard of living for the agricultural community within 
the sugar sector, it is necessary to fundamentally review the common organisation of 
the market in the sugar sector. 

In the light of these developments, Council Regulation (EC) No 1260/2001 of 19 June 
2001  on  the  common  organisation  of  the  markets  in  the  sugar  sector9  should  be 
repealed and replaced by a new Regulation. 

Reference prices should be fixed for standard qualities of white sugar and raw sugar. 
Such standard qualities should be average qualities representative of sugar produced in 
the Community and defined on the basis of criteria used by the sugar trade. It should 
also  be  possible  to  review  the  standard  qualities  to  take  account,  in  particular,  of 
commercial requirements and developments in technical analysis. 

9 

OJ  L  178,  30.6.2001,  p. 1.  Regulation  as  last  amended  by  Commission  Regulation  (EC)  No 39/2004 
(OJ L 6, 10.1.2004, p. 16). 

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(5) 

(6) 

(7) 

(8) 

(9) 

In order to achieve reliable information on Community market prices for sugar, a price 
reporting  system  should  be  set  up  on  the  basis  of  which  a  representative  price  for 
white sugar should be fixed. 

A minimum price should be fixed for quota beet corresponding to a standard quality 
which  should  be  defined,  in  order  to  ensure  a  fair  standard  of  living  for  the 
Community growers of sugar beet and sugar cane. 

Specific  instruments  are  needed  to  ensure  a  fair  balance  of  rights  and  obligations 
between  sugar  undertakings  and  sugar  beet  growers.  Therefore,  standard  provisions 
should be laid down to govern the contractual relations between buyers and sellers of 
sugar  beet.  The  diversity  of  natural,  economic  and  technical  situations  makes  it 
difficult  to  provide  for  uniform  purchase  terms  for  sugar  beet  throughout  the 
Community. Agreements within the trade already exist between associations of sugar 
beet  growers  and  sugar  undertakings.  Therefore,  framework  provisions  should  only 
define  the  minimum  guarantees  required  by  both  sugar  beet  growers  and  the  sugar 
industry  to  ensure  a  smooth  functioning  of  the  sugar  market  with  the  possibility  to 
derogate from some rules in the context of an agreement within the trade. 

The reasons which in the past led the Community to adopt a production quota system 
for  sugar,  isoglucose  and  inuline  syrup  still  remain  valid.  However,  due  to 
developments within the Community and internationally, it is necessary to adjust the 
production  system  in  order  to  provide  for  new  arrangements  and  reductions  of  the 
quotas. In line with the previous quota system, a Member State should allocate quotas 
to the undertakings established within its territory. The new common organisation of 
the markets in the sugar sector should maintain the legal status of the quotas in so far 
as, according to the case-law of the Court of Justice, the system of quotas constitutes a 
mechanism  for  regulating  the  market  in  the  sugar  sector  which  aims  to  ensure  the 
attainment of public interest objectives. 

Following  the  recent  decisions  on  export  subsidies  of  the  World  Trade  Organisation 
Panel  and  the  Appellate  Body  on  EU  export  subsidies  for  sugar  and  in  order  for 
Community operators to ensure a smooth change-over from the previous quota system 
to the present system, it should be possible during the marketing year 2006/2007 for 
sugar  undertakings  that  produced  C sugar  in  the  marketing  year  2004/2005  to  be 
allocated an additional quota under conditions that take the lower value of C sugar into 
account. 

(10)  To  counterbalance  the  effects  on  isoglucose  of  the  fall  in  sugar  prices,  as  well  as  to 
avoid to penalise the production of some isoglucose qualities, additional quotas should 
be allocated to the current isoglucose beneficiaries.  

(11)  To ensure that the Community’s production of sugar, isoglucose and inuline syrup is 
reduced  sufficiently,  the  Commission  should  be  entitled  to  adjust  the  quotas  to  a 
sustainable level after the termination of the restructuring fund in 2010. 

(12)  Given  the  need  to  allow  for  a  certain  national  flexibility  in  relation  to  the  structural 
adjustment of the processing industry and of beet and cane growing during the period 
in  which  the  quotas  are  to  be  applied,  Member  States  should  be  allowed  to  alter  the 
quotas of undertakings within certain limits. 

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(13)  The  sugar  quotas  are  allocated  or  reduced  following  a  merger  or  transfer  of 
undertakings,  the  transfer  of  a  factory,  or  the  lease  of  a  factory.  The  conditions  for 
adjustment by the Member States of the quotas of the undertakings in question should 
be  established  while  ensuring  that  changes  to  the  quotas  of  sugar  producing 
undertakings are not detrimental to the interests of the beet growers or cane growers 
concerned. 

(14)  Since allocating quota production to undertakings is a way of ensuring that sugar beet 
and cane growers are paid Community prices and have an outlet for their production, 
the  interests  of  all  parties  concerned,  in  particular  beet  and  cane  growers,  should  be 
taken into consideration when quotas are transferred inside production regions. 

(15)  To  expand  the  outlets  for  sugar,  isoglucose  and  inuline  syrup  on  the  Community’s 
internal market, it should be possible to consider sugar, isoglucose and inuline syrup 
used  for  manufacture  in  the  Community  of  certain  products  such  as  chemical, 
pharmaceutical, alcohol or rum, as out-of-quota production under conditions to be laid 
down. 

(16)  A part of the out of quota production should be used to ensure the adequate supply to 

the outermost regions. 

(17) 

In  the  event  that  the  production  of  sugar,  isoglucose  or  inuline  syrup  exceeds  the 
quotas, it should be possible to provide for a mechanism to carry forward the surplus 
sugar,  isoglucose  or  inuline  syrup  to  be  treated  as  quota  production  of  the  following 
marketing year, in order to avoid the surplus sugar distorting the sugar market. 

(18)  Certain mechanisms are available for out of quota production. If, for certain quantities, 
the applicable conditions are not met, a levy on the surplus should be imposed in order 
to avoid the accumulation of these quantities threatening the market situation. 

(19)  A  production  charge  should  be  introduced  to  contribute  to  the  financing  of  the 
expenditure  occurring  under  the  common  organisation  of  the  markets  in  the  sugar 
sector. 

(20) 

In  order  to  provide  for  an  efficient  control  of  the  production  of  operators  producing 
sugar,  isoglucose  or  inuline  syrup,  an  approval  system  for  operators  should  be 
established  and  detailed  information  in  relation  to  their  production  should  be 
submitted to the Member State concerned. 

(21)  New market tools to be managed by the Commission should be introduced. Firstly, if 
market prices fall below the reference price for white sugar, it should be possible for 
operators,  under  conditions  to  be  determined  by  the  Commission,  to  benefit  from  a 
private storage scheme. Secondly, to maintain the structural balance of the markets in 
sugar  at  a  price  level  close  to  the  reference  price,  it  should  be  possible  for  the 
Commission to decide to withdraw sugar from the market for as long as it takes for the 
market to rebalance. 

(22)  The  creation  of  a  single  Community  market  for  sugar  involves  the  introduction  of  a 
trading system at the external borders of the Community. That trading system should 
include  import  duties  and  export  refunds  and  should,  in  principle,  stabilise  the 

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Community market. The trading system should be based on the undertakings accepted 
under the Uruguay Round of multilateral trade negotiations. 

(23) 

In order to monitor the volume in trade in sugar with third countries, provision should 
be  made  for  an  import  and  export  licence  scheme  with  the  lodging  of  a  security  to 
ensure that the transactions for which such licences are issued are actually carried out. 

(24)  To ensure that those trading arrangements can function properly, provision should be 
made for regulating or, when the situation on the market so requires, prohibiting the 
use of inward processing arrangements. 

(25)  The  customs  duty  system  makes  it  possible  to  dispense  with  all  other  protective 
measures  at  the  external  frontiers  of  the  Community.  The  internal  market  and  duty 
mechanism could, in exceptional circumstances, prove to be inadequate. In such cases, 
in order not to leave the Community market without defence against disturbances that 
might  ensue,  the  Community  should  be  able  to  take  all  necessary  measures  without 
delay.  Such  measures  should  comply  with  the  international  obligations  of  the 
Community. 

(26)  For  the  most  part,  the  customs  duties  applicable  to  agricultural  products  under  the 
WTO  agreements  are  laid  down  in  the  common  customs  tariff.  However,  for  some 
products  falling  within  the  scope  of  this  Regulation,  the  introduction  of  additional 
mechanisms makes it necessary to provide for the possibility to adopt derogations. 

(27) 

(28) 

In  order  to  prevent  or  counteract  adverse  effects  on  the  Community  market  which 
could  result  from  imports  of  certain  agricultural  products,  imports  of  such  products 
should be subject to payment of an additional duty, if certain conditions are fulfilled. 

It is appropriate, under certain conditions, to confer on the Commission the power to 
open and administer tariff quotas resulting from international agreements concluded in 
accordance with the Treaty or from other acts of the Council. 

(29)  The  Community  has  several  preferential  market  access  arrangements  with  third 
countries  which  allow  those  countries  to  export  cane  sugar  to  the  Community  under 
favourable  conditions.  Therefore,  it  is  necessary  to  evaluate  refiners’  need  for  sugar 
for  refining  and,  under  certain  conditions,  to  reserve  import  licences  to  full-time 
refiners in the Community. 

(30)  Provisions for granting refunds on exports to third countries, based on the difference 
between prices within the Community and on the world market, and falling within the 
limits  set  by  the  EC’s  commitments  in  the  WTO,  should  serve  to  safeguard  the 
possible  Community  participation  in  international  trade  in  sugar.  Subsidised  exports 
should be subject to limits in terms of quantity and budgetary outlay . 

(31)  Compliance with the limits in terms of value should be ensured at the time when the 
export refunds are fixed through the monitoring of payments under the rules relating to 
the  European  Agricultural  Guidance  and  Guarantee  Fund.  Monitoring  can  be 
facilitated  by  the  compulsory  advance  fixing  of  export  refunds,  while  allowing  the 
possibility, in the case of differentiated refunds, of changing the specified destination 
within a geographical area to which a single export refund rate applies. In the case of a 

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change of destination, the export refund applicable to the actual destination should be 
paid, with a ceiling of the amount applicable to the destination fixed in advance. 

(32)  Compliance  with  the  quantity  limits  should  be  ensured  by  a  reliable  and  effective 
system  of  monitoring.  To  that  end,  the  granting  of  export  refunds  should  be  made 
subject  to  an  export  licence.  Export  refunds  should  be  granted  up  to  the  limits 
available, depending on the particular situation of each product concerned. Exceptions 
to that rule should be permitted only for processed products not listed in Annex I to the 
Treaty, to which volume limits do not apply. Provision should be made for derogating 
from strict compliance with management rules where exports  benefiting  from  export 
refunds are not likely to exceed the quantity laid down. 

(33)  The  proper  working  of  the  single  market  based  on  common  prices  would  be 
jeopardised  by  the  granting  of  national  aid.  Therefore,  the  provisions  of  the  Treaty 
governing  State  aid  should  apply  to  the  products  covered  by  this  common  market 
organisation. 

(34) 

It is appropriate to provide for measures to be taken when a substantial rise or fall in 
prices  disturbs  or  threatens  to  disturb  the  Community  market.  These  measures  may 
include  the  opening  of  a  quota  at  reduced  tariff  for  imports  of  sugar  from  the  world 
market for the time necessary. 

(35)  Since the common market in sugar is continuously evolving, the Member States and 

the Commission should keep each informed of relevant developments. 

(36)  The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission10. 

(37)  The  Commission should be authorised to  adopt necessary measures to solve specific 

practical problems in case of emergency. 

(38)  The  characteristics  of  sugar  production  in  the  outermost  regions  of  the  Community 
distinguish  that  production  from  sugar  production  in  the  rest  of  the  Community. 
Financial  support  should  therefore  be  given  to  the  sector  by  allocating  resources  to 
farmers in those regions after the entry into force of the support programmes to assist 
local  production  which  Member  States  draw  up  under  Council  Regulation  (EC) 
No ..../2005  of  […]  laying  down  specific  measures  for  agriculture  in  the  outermost 
regions of the Union11. 

(39)  Expenditure incurred by the Member States as a result of the obligations arising from 
the application of this Regulation should be financed by the Community in accordance 
with Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the 
common agricultural policy12. 

(40)  The  change-over  from  the  arrangements  in  Regulation  (EC)  No  1260/2001  to  those 
provided for in this Regulation could give rise to difficulties which are not dealt with 

10 
11 
12 

OJ L 184, 17.7.1999, p. 23. 
OJ L …, …, p. … 
OJ L 160, 26.6.1999, p. 103. 

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in this Regulation. In order to deal with such difficulties, the Commission should be 
enabled to adopt transitional measures, 

HAS ADOPTED THIS REGULATION: 

TITLE I 
Scope and definitions 

Article 1 
Scope 

1. 

The  common  organisation  of  the  markets  in  the  sugar  sector  established  by  this 
Regulation shall cover the following products: 

CN 

Code 

(a) 

1212 91 

1212 92 00 

Sugar beet 

Sugar cane 

Description 

(b) 

1701 

Cane or beet sugar and chemically pure sucrose, in solid form 

(c) 

1702 20 

Maple sugar and maple syrup 

1702 60 95 

1702 90 60 

1702 90 71 

1702 90 99 

2106 90 59 

Other  sugars  in  solid  form  and  sugar  syrups,  not  containing  added 
flavouring or colouring matter, but not including lactose, glucose 

Artificial honey, whether or not mixed with natural honey 

Caramel containing 50% or more by weight of sucrose in the dry matter 

Maltodextrine and isoglucose 

Flavoured  or  coloured  sugar  syrups,  other  than  isoglucose,  lactose, 
glucose and maltodextrine syrups 

(d) 

1702 30 10 

Isoglucose 

1702 40 10 

1702 60 10 

1702 90 30 

(e) 

1702 60 80 

Inuline syrup 

1702 90 80 

1703 

Molasses resulting from the extraction or refining of sugar  

2106 90 30 

Flavoured or coloured isoglucose syrups 

2303 20 

Beet pulp, bagasse and other waste of sugar undertakings 

(f) 

(g) 

(h) 

2. 

The marketing year for the products listed in paragraph 1 shall begin on 1 October 
and end on 30 September of the following year. 

However,  the  marketing  year  2006/2007  shall  begin  on  1  July  2006  and  end  on 
30 September 2007. 

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Article 2 
Definitions 

For the purposes of this Regulation, the following definitions shall apply: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

“white  sugars”  means  sugars,  not  flavoured  or  coloured  or  containing  any  other 
added substances, containing, in the dry state, 99,5% or more by weight of sucrose, 
determined by the polarimetric method; 

“raw sugars” means sugars, not flavoured or coloured or containing any other added 
substances,  containing,  in  the  dry  state,  less  than  99,5%  by  weight  of  sucrose, 
determined by the polarimetric method; 

“isoglucose” means the product obtained from glucose or its polymers with a content 
by weight in the dry state of at least 10% fructose; 

“inuline  syrup”  means  the  immediate  product  obtained  by  hydrolysis  of  inuline  or 
oligofructoses,  containing  in  the  dry  state  at  least  10%  fructose  in  free  form  or  as 
sucrose, and expressed as sugar/isoglucose equivalents; 

“quota  sugar”,  “quota  isoglucose”  and  “quota  inuline  syrup”  mean  any  quantity  of 
sugar, isoglucose or inuline syrup production attributed to a specific marketing year 
under the quota of the undertaking concerned; 

“industrial  sugar”,  “industrial  isoglucose”  and  “industrial  inuline  syrup”  mean  any 
quantity  of  sugar,  isoglucose  or  inuline  syrup  production  attributed  to  a  specific 
marketing  year  over  and  above  the  respective  quantities  referred  to  in  point (5), 
intended  for  the  production  by  the  industry  of  one  of  the  products  referred  to  in 
Article 13(2); 

“surplus sugar”, “surplus isoglucose” and “surplus inuline syrup” mean any quantity 
of  sugar,  isoglucose  or  inuline  syrup  production  attributed  to  a  specific  marketing 
year over and above the respective quantities referred to in points (5) and (6); 

“quota beet” means all sugar beet processed into quota sugar; 

“delivery contract” means a contract concluded between a seller and an undertaking 
for the delivery of beet for the manufacture of sugar; 

(10) 

“agreement within the trade” means one of the following: 

(a) 

(b) 

(c) 

an  agreement  concluded  at  Community  level,  prior  to  the  conclusion  of  any 
delivery  contract,  between  a  group  of  national  undertakings'  organisations  on 
the one hand and a group of national sellers' organisations on the other, 

an  agreement  concluded,  prior  to  the  conclusion  of  any  delivery  contract, 
between  undertakings  or  a  undertakings'  organisation  recognised  by  the 
Member State concerned on the one hand and a sellers' association recognised 
by the Member State concerned on the other, 

in  the  absence  of  any  agreement  as  referred  to  in  point  (a)  or  (b),  the  law  on 
companies and the law on cooperatives, in so far as they govern the delivery of 
sugar  beet  by  the  shareholders  or  members  of  a  company  or  cooperative 
manufacturing sugar, 

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(d) 

in  the  absence  of  any  agreement  as  referred  to  in  point  (a)  or  (b),  the 
arrangements existing before the conclusion of any delivery contract, provided 
the  sellers  accepting  the  arrangement  supply  at  least  60%  of  the  total  beet 
bought  by  the  undertaking  for  the  manufacture  of  sugar  in  one  or  more 
factories; 

(11) 

“ACP/Indian  sugar”  means  sugar  falling  within  CN  code  1701  originating  in  the 
States listed in Annex VI and imported into the Community under: 

– 

– 

Protocol 3 to Annex V to the ACP-EC Partnership Agreement, or 

the  Agreement  on  sugar  cane  between  the  European  Community  and  the 
Republic of India; 

(12) 

“full-time  refiner”  means  a  production  unit  whose  sole  activity  consists  in  refining 
either  raw  sugar  or  syrups  produced  prior  to  the  crystallising  stage,  including  the 
production units that refined cane sugar in the year 2004. 

TITLE II  
INTERNAL MARKET 

CHAPTER 1 
PRICES 

Article 3 
Reference prices 

1. 

For white sugar, the reference price shall be: 

(a)  EUR 631.9 per tonne for the marketing year 2006/2007; 

(b)  EUR 476.5 per tonne for the marketing year 2007/2008; 

(c)  EUR 449.9 per tonne for the marketing year 2008/2009; 

(d)  EUR 385.5 per tonne as from the marketing year 2009/2010. 

2. 

For raw sugar, the reference price shall be: 

(a)  EUR 496.8 per tonne for the marketing year 2006/2007; 

(b)  EUR 394.9 per tonne for the marketing year 2007/2008; 

(c)  EUR 372.9 per tonne for the marketing year 2008/2009; 

(d)  EUR 319.5 per tonne as from marketing year 2009/2010. 

3. 

The reference prices referred to in paragraphs 1 and 2 shall apply to unpacked sugar, 
ex-factory,  loaded  on  to  a  means  of  transport  chosen  by  the  purchaser.  They  shall 
apply to white sugar and raw sugar of the standard quality described in Annex I. 

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Article 4 
Price reporting 

The Commission shall set up an information system on prices in the sugar market, including a 
system for the publication of representative prices for the sugar market. 

The system shall be based on information submitted by undertakings producing white sugar 
or by other operators involved in the sugar trade. 

Article 5 
Minimum beet price 

1. 

The minimum price for quota beet shall be: 

(a)  EUR 32.86 per tonne for the marketing year 2006/2007; 

(b)  EUR 25.05 per tonne as from the marketing year 2007/2008. 

However, the minimum price for quota beet may be reduced by a maximum of 10% 
by way of an agreement within the trade. 

The  minimum  price  referred  to  in  paragraph  1  shall  apply  to  sugar  beet  of  the 
standard quality described in Annex I. 

Sugar undertakings buying quota beet suitable for processing into sugar and intended 
for processing into quota sugar shall be required to pay at least the minimum price, 
adjusted  by  price  increases  or  reductions  to  allow  for  deviations  from  the  standard 
quality. 

For the quantities of sugar beet corresponding to the quantities of industrial sugar or 
surplus  sugar  that  are  subject  to  the  surplus  amount  provided  for  in  Article  15,  the 
sugar undertaking concerned shall adjust the purchase price so that it is at least equal 
to the minimum price for quota beet. 

Article 6 
Interprofessional agreements 

Agreements within the trade and delivery contracts shall conform to paragraph 3 and 
to  purchase  terms  laid  down  in  Annex  II,  in  particular  as  regards  the  conditions 
governing the purchase, delivery, taking over and payment of beet. 

The  terms  for  buying  sugar  beet  and  sugar  cane  shall  be  governed  by  agreements 
within the trade concluded between Community growers of these raw materials and 
Community sugar undertakings. 

In delivery contracts, a distinction shall be made according to whether the quantities 
of sugar to be manufactured from sugar beet will be: 

2. 

3. 

4. 

1. 

2. 

3. 

– 

– 

quota sugar, 

out-of-quota sugar. 

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4. 

Each sugar undertaking shall provide the Member State in which it produces sugar 
with the following information: 

(a) 

the  quantities  of  beet  referred  to  in  the  first  indent  of  paragraph  3,  for  which 
they  have  concluded  pre-sowing  delivery  contracts  and  the  sugar  content  on 
which those contracts are based; 

5. 

6. 

7. 

1. 

2. 

3. 

1. 

(b) 

the corresponding estimated yield. 

Member States may require additional information. 

Sugar  undertakings  which  have  not  signed  pre-sowing  delivery  contracts  at  the 
minimum price for quota beet for a quantity of beet equivalent to their quota sugar 
shall be required to pay at least the minimum price for quota beet for all the sugar 
beet they process into sugar. 

Subject to the approval of the Member State concerned, agreements within the trade 
may derogate from paragraphs 3 and 4. 

If  no  agreements  within  the  trade  exist, the  Member  State  concerned  shall  take  the 
necessary steps under this Regulation to protect the interests of the parties concerned. 

CHAPTER 2 
QUOTA PRODUCTION 

Article 7 
Quota allocation 

The  quotas  for  the  production  of  sugar,  isoglucose  and  inuline  syrup  at  national  or 
regional levels are fixed in Annex III. 

The  Member  States  shall  allocate  a  quota  to  each  undertaking  producing  sugar, 
isoglucose or inuline syrup established in its territory and approved under Article 17. 

For each undertaking, the allocated quota shall be equal to the total of the A and B 
quotas under Regulation (EC) No 1260/2001 which were allocated to the undertaking 
for the marketing year 2005/2006. 

In  case  of  allocation  of  a  quota  to  a  sugar  undertaking  having  more  than  one 
production unit, the Member States shall adopt the measures they consider necessary 
in order to take due account of the interests of sugar beet and cane growers. 

Article 8 
Additional sugar quota 

By  31  July  2006  at  the  latest,  sugar  undertakings  that  produced  C  sugar  under 
Regulation  (EC)  No  1260/2001  during  the  marketing  year  2004/2005  may  request 
from  the  Member  State  where  they  are  established  the  allocation  of  an  additional 
quota  for  a  total  as  set  out  in  Annex IV.  The  additional  quotas  shall  be  allocated 
according to objective and non discriminatory criteria. 

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2. 

3. 

4. 

5. 

If  the  demand  for  additional  quotas  exceeds  the  available  national  quantity,  the 
Member State concerned shall provide for a proportional reduction of the quantities 
to be allocated. 

A one-off amount shall be levied on the additional quotas that have been allocated to 
undertakings in accordance with paragraphs 1 and 2. This amount shall be set at an 
amount  equal  to  the  level  of  the  restructuring  aid  applicable  in  the  marketing  year 
2006/2007. It shall be collected per tonne of additional quota allocated. 

The  totality  of  the  one-off  amount  paid  in  accordance  with  paragraph  3  shall  be 
charged  by  the  Member  State  to  the  undertakings  on  its  territory  that  have  been 
allocated an additional quota. 

The payment of the one-off amount by a sugar undertaking concerned shall be made 
by a deadline to be determined by the Member States. The deadline shall not be later 
than 28 February 2007. 

If the sugar undertaking has not paid the one-off amount before 28 February 2007 the 
additional  quotas  shall  not  be  considered  as  allocated  to  the  sugar  undertaking 
concerned. 

Article 9 
Additional isoglucose quota 

In the marketing year 2006/2007 an isoglucose quota of 100 000 tonnes is added to the total 
of  the  isoglucose  quota  fixed  in  Annex  III.  In  each  of  the  marketing  years  2007/2008  and 
2008/2009 a further isoglucose quota of 100 000 tonnes is added to the quota of the preceding 
marketing year. 

Member  States  shall  allocate  the  additional  quotas  to  undertakings,  proportionately  to  the 
isoglucose quota that have been allocated in accordance with Article 7(2). 

Article 10 
Quota management 

1. 

2. 

In  accordance  with  the  procedure  referred  to  in  Article  39(2),  the  quotas  set  out  in 
Annex III shall be adjusted by 30 September 2006 at the latest for the marketing year 
2006/2007 and by the end of February at the latest of the previous marketing year for 
each of the marketing years 2007/2008, 2008/2009, 2009/2010 and 2010/2011. The 
adjustments shall include the results from the application of Article 8, of paragraph 2 
of  this  Article,  of  Article  14  and  Article  19  of  this  Regulation  and  of  Article 3  of 
Council Regulation (EC) No …./2005 (restructuring Regulation). 

Taking into account the results of the restructuring scheme provided for in Council 
Regulation  (EC)  No …./2005  (restructuring  scheme),  the  Commission  shall  decide 
by the end of February 2010 at the latest, in accordance with the procedure referred 
to in Article 39(2), the common percentage needed to reduce the existing quotas for 
sugar, isoglucose and inuline syrup per Member State or region with a view to avoid 
market imbalances in the marketing years as from 2010/2011. 

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3. 

The Member States shall adjust the quota of each undertaking accordingly.  

Article 11 
National quota reallocation 

1. 

2. 

Member  States  may  transfer  quotas  between  undertakings  in  accordance  with  the 
rules laid down in Annex V and taking into consideration the interests of each of the 
parties concerned, particularly sugar beet and cane growers. 

However,  a  Member  State  shall  not  reduce  the  quota  of  an  undertaking  producing 
sugar  or  isoglucose-,  established  in  its  territory,  by  more  than  10%  of  the  quota  as 
allocated. 

The quantities withdrawn pursuant to paragraph 1 shall be allocated by the Member 
State in question to one or more undertakings in its territory, whether or not holding 
a quota. 

CHAPTER 3 
OUT-OF-QUOTA PRODUCTION 

Article 12 
Scope 

The  sugar,  isoglucose  or  inuline  syrup  produced  during  a  marketing  year  in  excess  of  the 
quota referred to in Article 7 shall be: 

(a) 

(b) 

(c) 

used for the processing of certain products as referred to in Article 13; 

carried  forward  to  the  quota  production  of  the  next  marketing  year,  in  accordance 
with Article 14, or 

used  for  the  specific  supply  regime  for  the  outermost  regions,  in  accordance  with 
Title II of Regulation (EC) No …../2005. 

Other quantities shall be subject to the surplus amount referred to in Article 15. 

Article 13 
Industrial sugar 

1. 

Industrial sugar, industrial isoglucose or industrial inuline syrup shall be reserved for 
the production of one of the products referred to in paragraph 2 when: 

(a) 

it  has  been  subject  to  a  delivery  contract  concluded  before  the  end  of  the 
marketing  year  between  a  producer  and  a  user  which  have  both  been  granted 
approval under Article 17; 

(b) 

it has been delivered to the user by 30 November of the following marketing 
year at the latest. 

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2. 

In accordance with the procedure referred to in Article 39(2) the Commission shall 
draw  up  a  list  of  products  for  the  production  of  which  industrial  sugar,  industrial 
isoglucose or industrial inuline syrup is used. 

The list shall in particular include: 

(a) 

alcohol, rum, live yeast and “Rinse appelstroop”; 

(b) 

(c) 

industrial  products  without  sugar  content  but  the  processing  of  which  uses  a 
quantity of sugar, isoglucose or inuline syrup higher than 50% of the weight of 
the final product; 

products  of  the  chemical  or  pharmaceutical  industry  for  which  the  content  of 
sugar, isoglucose or inuline syrup is higher than 50% of the weight of the final 
product. 

3. 

A production refund may be granted on the products listed in Article 1(1)(b) to (e) if 
surplus sugar, surplus isoglucose or surplus inuline syrup is not available at a price 
corresponding  to  the  world  price  for  the  manufacturing  of  products  referred  to  in 
paragraph 2 points (b) and (c) of this Article. 

Only  sugar,  isoglucose  or  inuline  syrup  used  for  the  production  of  the  products 
referred to in paragraph 2 points (b) and (c) of this Article which are not exported to 
third countries shall be eligible for the production refund. 

The  production  refund  shall  be  fixed  taking  into  account  in  particular  the  costs 
arising from the use of imported sugar which the industry would have to bear in the 
event of supply on the world market and the price of the surplus sugar available on 
the Community market or the reference price if there is no surplus sugar. 

Article 14 
Carry forward of surplus sugar 

1. 

Each undertaking may decide to carry forward all or part of its production in excess 
of its sugar quota , its isoglucose quota or its inuline syrup quota to be treated as part 
of  the  next  marketing  year’s  production.  Without  prejudice  to  paragraph  3,  that 
decision shall be irrevocable. 

2. 

Undertakings which take the decision referred to in paragraph 1 shall: 

(a) 

inform  the  Member  State  concerned  by  31  January  of  the  current  marketing 
year at the latest, of the quantities of sugar, isoglucose or inuline syrup being 
carried forward; 

(b)  undertake to store such quantities at its own expense until the end of the current 

marketing year. 

However,  the  date  of  31  January  referred  to  in  point  (a)  of  the  first  subparagraph 
shall be replaced: 

(a) 

for  undertakings  established  in  Spain,  by  15  April  in  the  case  of  beet-sugar 
production and by 20 June in the case of cane-sugar production; 

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(b) 

for undertakings established in the United Kingdom, by 15 February; 

(c) 

for undertakings established in the French overseas departments of Guadeloupe 
and Martinique, by 30 April. 

If  an  undertaking’s  definitive  production  in  the  marketing  year  concerned  was  less 
than the estimate made when the decision in accordance with paragraph 1 was taken, 
the  quantity  carried  forward  may  be  adjusted  retroactively  by  31  October  of  the 
following marketing year at the latest. 

The  quantities  carried  forward  shall  be  deemed  to  be  the  first  quantities  produced 
under the quota of the following marketing year. 

3. 

4. 

Article 15 
Surplus amount 

1. 

A surplus amount shall be levied on quantities of: 

(a) 

(b) 

(c) 

surplus  sugar,  surplus  isoglucose  and  surplus  inuline  syrup  produced  during 
any marketing year, except quantities carried forward to the quota production 
of  the  following  marketing  year  and  stored  in  accordance  with  Article 14  or 
quantities referred to in Article 12(c); 

industrial sugar, industrial isoglucose and industrial inuline syrup for which no 
proof has been supplied, by a date to be determined, that it has been processed 
in one of the products referred to in Article 13(2); 

sugar, isoglucose and inuline syrup withdrawn from the market in accordance 
with Article 19 and for which the obligations provided for in Article 19(3) are 
not met. 

2. 

3. 

The  surplus  amount  shall  be  fixed  in  accordance  with  the  procedure  referred  to  in 
Article 39(2)  at  a  sufficiently  high  level  in  order  to  avoid  the  accumulation  of 
quantities referred to in paragraph 1.  

The  surplus  amount  paid  in  accordance  with  paragraph  1  shall  be  charged  by  the 
Member  State  to  the  undertakings  on  its  territory  according  to  the  quantities  of 
production referred to in paragraph 1 that have been established for the undertakings 
for the marketing year concerned. 

CHAPTER 4 
MARKET MANAGEMENT 
Article 16 
Production charge  

1. 

As  from  the  marketing  year  2007/2008,  a  production  charge  shall  be  levied  on  the 
sugar quota, the isoglucose quota and the inuline syrup quota held by undertakings 
producing sugar, isoglucose or inuline syrup. 

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2. 

3. 

4. 

1. 

The  production  charge  shall  be  set  at  EUR 12.00  per  tonne  of  the  quota  sugar  and 
quota inuline syrup. For isoglucose, the production charge shall be set at 50% of the 
charge applicable to sugar. 

The  totality  of  the  production  charge  paid  in  accordance  with  paragraph  1  shall  be 
charged  by  the  Member  State  to  the  undertakings  on  its  territory  according  to  the 
quota held during the marketing year concerned. 

Payments shall be made by the undertakings by the end of February of the relevant 
marketing year at the latest. 

Community  sugar  and  inuline  syrup  undertakings  may  require  sugar-beet  or  sugar-
cane growers or chicory suppliers to bear 50% of the production charge concerned. 

Article 17 
Approved operators 

On  request,  Member  States  shall  grant  an  approval  to  an  undertaking  producing 
sugar, isoglucose or inuline syrup or to an operator that processes these products into 
a product included in the list referred to in Article 13(2) provided that the operator: 

(a) 

proves his professional production capacities; 

(b) 

agrees to provide any information and to be subject to controls provided for in 
this Regulation; 

(c) 

is not subject to suspension or withdrawal of the approval. 

2. 

The  approved  undertakings  shall  provide  the  Member  State  in  whose  territory  the 
harvest of beet, cane or the refining takes place, with the following information: 

(a) 

the quantities of beet or cane for which a delivery contract has been concluded, 
as  well  as  the  corresponding  estimated  yields  of  beet  or  cane,  and  sugar  per 
hectare; 

(b)  data  regarding  provisional  and  actual  sugar  beet,  sugar  cane  and  raw  sugar 
deliveries, and regarding sugar production and statements of sugar stocks; 

(c) 

quantities of white sugar sold and corresponding prices and conditions. 

Article 18 
Private storage 

If the average Community price recorded is below the reference price, during a representative 
period, and is likely to remain at that level, taking into account the market situation, aid for 
private  storage  of  white  sugar  may  be  granted  to  undertakings  which  are  allocated  a  sugar 
quota. 

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1. 

2. 

3. 

Article 19 
Withdrawal of sugar  

In  order  to  preserve  the  structural  balance  of  the  market  at  a  price  level  which  is 
close  to  the  reference  price,  taking  into  account  the  obligations  of  the  Community 
resulting from agreements concluded in accordance with Article 300 of the Treaty, a 
percentage,  common  to  all  Member  States,  of  quota  sugar,  quota  isoglucose  and 
quota  inuline  syrup  may  be  withdrawn  from  the  market  until  the  beginning  of  the 
following marketing year. 

In that case, the traditional supply need for refining imported raw sugar referred to in 
Article 29(1)  of  this  Regulation  shall  be  reduced  by  the  same  percentage  for  the 
marketing year concerned. 

The  withdrawal  percentage  referred  to  in  paragraph  1  shall  be  determined  by 
31 October  of  the  marketing  year  concerned  at  the  latest  on  the  basis  of  expected 
market trends during that marketing year. 

Each  undertaking  provided  with  a  quota  shall  store  at  its  own  expense  during  the 
period of withdrawal the quantities of sugar corresponding to the application of the 
percentage referred to in paragraph 1 to its production under quota for the marketing 
year concerned. 

The sugar quantities withdrawn during a marketing year shall be treated as the first 
quantities produced under quota for the following marketing year. However, taking 
into account the expected sugar market trends, it may be decided, in accordance with 
the  procedure  referred  to  in  Article  39(2),  to  consider,  for  the  current  and/or  the 
following  marketing  year,  all  or  part  of  the  withdrawn  sugar,  isoglucose  or  inuline 
syrup as: 

– 

– 

surplus sugar, surplus isoglucose or surplus inuline syrup available to become 
industrial sugar, industrial isoglucose or industrial inuline syrup, or 

supplementary quota production; 

4. 

If  sugar  supply  on  the  Community  is  inadequate,  it  may  be  decided,  in  accordance 
with the procedure referred to in Article 39(2), that a certain quantity of withdrawn 
sugar, isoglucose and inuline syrup may be sold on the Community market before the 
end of the period of withdrawal. 

Article 20  
Storage under different measures 

Sugar  stored  under  one  of  the  measures  referred  to  in  Article  14,  Article  18  or  Article 19 
during a marketing year may not be subject to storage under any other of those provisions. 

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TITLE III 
TRADE WITH THIRD COUNTRIES 

CHAPTER 1  
COMMON PROVISIONS ON IMPORTS AND EXPORTS 

Article 21 
Combined Nomenclature 

The  general  rules  for  interpreting  the  Combined  Nomenclature  and  the  special  rules  for  its 
application shall apply to the tariff classification of products covered by this Regulation. The 
tariff nomenclature resulting from the application of this Regulation shall be included in the 
Common Customs Tariff. 

Article 22 
General principles 

Unless  otherwise  provided  for  in  this  Regulation  or  in  provisions  adopted  pursuant  thereto, 
the following shall be prohibited in trade with third countries: 

(a) 

(b) 

1 

2. 

the levying of any charge having equivalent effect to a customs duty; 

the application of any quantitative restriction or measure having equivalent effect. 

Article 23 
Export and import licences 

Imports  into  the  Community,  or  exports  therefrom,  of  any  of  the  products  listed  in 
Article 1(1) shall be subject to presentation of an import or export licence. However, 
derogations may be provided for if licences are not required for the management of 
certain imports of sugar. 

Licences  shall  be  issued by the Member States to any  applicant,  irrespective of  his 
place  of  establishment  in  the  Community, and  without  prejudice to  measures  taken 
for  the  application  of  Articles  28  and  32  of  this  Regulation,  of  Article 9(5)  of 
Regulation  (EC)  No 2501/2001  and  the  application  of  agreements  concluded  in 
accordance with Article 133 or Article 300 of the Treaty. 

3. 

Import and export licences shall be valid throughout the Community. 

Licences  shall  be  issued  subject  to  the  lodging  of  a  security  guaranteeing  that  the 
products are imported or exported during the term of validity of the licence. Except 
in  cases  of  force  majeure,  the  security  shall  be  forfeited  in  whole  or  in  part  if  the 
import or export is not carried out, or is carried out only partially, within that period. 

4. 

The terms of validity of the licences shall be fixed in accordance with the procedure 
referred to in Article 39(2). 

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Article 24 
Inward processing arrangements 

To the extent necessary for the proper functioning of the common organisation of the markets 
in  the  sugar  sector,  the  use  of  inward-processing  arrangements  for  the  products  listed  in 
Article 1(1) may be fully or partially prohibited in accordance with the procedure referred to 
in Article 39(2). 

Article 25  
Safeguard measure 

1. 

If,  by  reasons  of  imports  or  exports,  the  Community  market  in  one  or  more  of  the 
products  listed  in  Article  1(1)  is  affected  by,  or  is  threatened  with,  serious 
disturbance  likely  to  jeopardise  the  achievement  of  the  objectives  set  out  in 
Article 33  of  the  Treaty,  appropriate  measures  respecting  the  Communities’ 
international  engagements  may  be  applied  in  trade  until  such  disturbance  or  threat 
has ceased. 

2. 

If the situation referred to in paragraph 1 arises, the Commission shall, at the request 
of a Member State or on its own initiative, decide upon the necessary measures. 

3. 

4. 

1. 

2. 

If the Commission receives a request from a Member State, it shall take a decision 
thereon within three working days following receipt of the request. 

The Member States shall be notified of such measures, which shall be immediately 
applicable. 

Measures decided on by the Commission pursuant to paragraph 2 may be referred to 
the  Council  by  any  Member  State  within  three  working  days  of  the  day  on  which 
they were notified. The Council shall meet without delay. It may, acting by qualified 
majority, amend or repeal the measures in question within one month following the 
date on which they were referred to the Council. 

However  measures  applying  to  Members  of  the  WTO  adopted  pursuant  to  this 
Article shall be applied on the basis of Council Regulation (EC) No 3285/94. 

CHAPTER 2 
PROVISIONS APPLICABLE TO IMPORTS 

Article 26 
Import duties 

Unless this Regulation provides otherwise, the rates of import duty in the Common 
Customs Tariff shall apply to the products listed in Article 1(1). 

Notwithstanding paragraph 1, the Commission may suspend in whole or in part for 
certain quantities the application of import duties on the following products to ensure 
that  the  Community  market  is  adequately  supplied  by  means  of  imports  from  third 
countries: 

– 

raw sugar for refining falling within CN codes 1701 11 10 and 1701 12 10, 

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3. 

1. 

– 

molasses falling within CN code 1703. 

If the production refund provided for in Article 13(3) does not guarantee the supply 
necessary  for  the  manufacturing  of  products  referred  to  in  Article  13(2),  the 
Commission may suspend in whole or in part for certain quantities the application of 
import  duties  on  white  sugar  falling  within  CN  code  1701  and  isoglucose  falling 
within codes 1702 30 10, 1702 40 10, 1702 60 10 and 1702 90 30. 

Article 27 
Management of import 

In  order  to  prevent  or  counteract  adverse  effects  on  the  market  of  the  Community 
which may result from imports of certain products listed in Article 1(1), imports of 
one or more of such products at the rate of duty laid down in the Common Customs 
Tariff shall be subject to the payment of an additional import duty if the conditions to 
be  determined  pursuant  to  Article 40(1)(e)  are  fulfilled,  unless  the  imports  are 
unlikely  to  disturb  the  Community  market,  or  where  the  effects  would  be 
disproportionate to the intended objective. 

2. 

Imports  made  at  a  price  below  the  level  notified  by  the  Community  to  the  World 
Trade Organisation ("the trigger price") may be subject to an additional import duty. 

The import prices to be taken into consideration for imposing that additional import 
duty  shall  be  determined  on  the  basis  of  the  cif  import  prices  of  the  consignment 
under consideration. 

Cif import prices shall be checked to that end against the representative prices for the 
product on the world market or on the Community import market for that product. 

If  the  volume  of  imports  in  any  year  in  which  the  adverse  effects  referred  to  in 
paragraph  1  arise  or  are  likely  to  arise  exceeds  a  level  based  on  market  access 
opportunities defined as the percentage of the corresponding domestic consumption 
during the three previous years ("the trigger volume"), an additional import duty may 
also be imposed. 

Article 28 
Tariff quotas 

Tariff quotas for imports of products listed in Article 1(1) resulting from agreements 
concluded in accordance with Article 300 of the Treaty or from any other act of the 
Council  shall  be  opened  and  administered  by  the  Commission  under  detailed  rules 
adopted  in  accordance  with  the  procedure  referred  to  in  Article  39(2)  of  this 
Regulation. 

Tariff  quotas  shall  be  administered  in  a  manner  which  avoids  any  discrimination 
between  the  operators  concerned,  by  applying  one  of  the  following  methods  or  a 
combination of them or another appropriate method: 

(a) 

a method based on the chronological order of the lodging of applications ("first 
come, first served" principle); 

3. 

1. 

2. 

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3. 

1. 

2. 

3. 

(b) 

(c) 

a  method  of  distribution  in  proportion  to  the  quantities  requested  when  the 
applications were lodged (using the "simultaneous examination method"); 

a  method  based  on  taking  traditional  trade  patterns  into  account  (using  the 
"traditional/new arrival method"). 

The  method  of  administration  adopted  shall, where appropriate,  give due weight to 
the  supply  requirements  of  the  Community  market  and  the  need  to  safeguard  the 
equilibrium of that market. 

Article 29 
Traditional supply need for refining 

Notwithstanding Article 19(1), a traditional supply need ofsugar for refining is fixed 
for the Community at 1 796 351 tonnes per marketing year, expressed in white sugar. 

Import  licences  for  sugar  for  refining  shall  be  issued  only  to  full-time  refiners 
provided that the concerned quantities are below the traditional supply need referred 
to in paragraph 1. The licences in question shall be issued for 75% of the ACP/Indian 
sugar  before  being  available  for  any  other  sugar.  They  may  be  transferred  only 
between full-time refiners and their validity expires at the end of the marketing year 
for which they have been issued. 

This  paragraph  shall  apply  for  the  marketing  years  2006/2007,  2007/2008  and 
2008/2009, and for the first three months of each of the following marketing years. 

The  application  of  import  duties  on  cane  sugar  for  refining  falling  within  CN code 
1701 11 10 originating in the States referred to in Annex VI shall be suspended for 
the complementary quantity which is needed to allow an adequate supply of the full-
time refiners for each of the marketing years 2006/2007, 2007/2008 and 2008/2009. 

The complementary quantity shall be fixed in accordance with the procedure referred 
to in Article 39(2), based on the balance between the traditional supply need referred 
to  in  paragraph  1  and  the  forecast  supply  of  raw  sugar  for  the  marketing  year 
concerned. This balance may be revised in accordance with the procedure referred to 
in  Article 39(2)  during  the  marketing  year  and  may  be  based  on  historic  flat-rate 
estimates of the raw sugar intended for consumption. 

Article 30 
Guaranteed price 

1. 

The  guaranteed  prices  fixed  for  the  ACP/Indian  sugar  shall  apply  for  import  of 
standard quality raw and white sugar from: 

(a) 

(b) 

the least developed countries under the arrangements referred to in Article 9 of 
Regulation (EC) No 2501/2001; 

the  States  referred  to  in  Annex  VI  to  this  Regulation  for  the  complementary 
quantity referred to in Article 29(3). 

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2. 

Applications for import licences for sugar benefiting from a guaranteed price shall be 
accompanied by an export licence issued by the authorities of the exporting country 
certifying the compliance of the sugar with the rules provided for in the agreements 
concerned. 

Article 31 
Sugar Protocol Commitments 

In  accordance  with  the  procedure  referred  to  in  Article  39(2),  measures  may  be  adopted  to 
ensure that the ACP/Indian sugar is imported into the Community under the conditions set out 
in Protocol 3 to Annex V to the ACP-EC Partnership Agreement and the Agreement on sugar 
cane  between  the  European  Community  and  the  Republic  of  India.  Those  measures  may,  if 
necessary, derogate from Article 29 of this Regulation. 

CHAPTER 3 
PROVISIONS APPLICABLE TO EXPORTS 

Article 32 
Scope of export refunds 

1. 

2. 

3. 

4. 

To the extent necessary to enable the products listed in Article 1(1) (b) and (c) to be 
exported  without  further  processing  or  in  the  form  of  processed  products  listed  in 
Annex VII, on the basis of world market quotations or prices of sugar and within the 
limits  resulting  from  agreements  concluded  in  accordance  with  Article  300  of  the 
Treaty,  the  difference  between  those  quotations  or  prices  and  prices  in  the 
Community may be covered by export refunds. 

Provision  may  be  made  for  export  refunds  to  be  granted  on  the  products  listed  in 
Article 1(1)(d), (e) and (g) and exported without further processing or in the form of 
processed products listed in Annex VII. 

In that case, the amount of the refund per 100 kg of dry matter shall be fixed taking 
particular account of: 

(a) 

the refund applicable to exports of products falling within CN code 1702 30 91, 

(b) 

the refund applicable to exports of the products listed in Article 1(1)(c), 

(c) 

the economic aspects of the planned exports. 

The export refund for raw sugar of the standard quality defined in Annex I may not 
exceed  92%  of  that  granted  for  white  sugar.  However,  this  limit  shall  not  apply  to 
export refunds to be fixed for candy sugar. 

Export refunds on the products exported in the form of processed products listed in 
Annex VII  may  not  be  higher  than  those  applicable  to  the  same  products  exported 
without further processing. 

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Article 33 
Export refund fixation 

1. 

The quantities which may be exported with an export refund shall be allocated by the 
method which: 

(a) 

is  most  suited  to  the  nature  of  the  product  and  the  situation  on  the  market  in 
question,  allowing  the  most  efficient  possible  use  of  the  resources  available, 
account  being  taken  of  the  efficiency  and  structure  of  Community  exports 
without  creating  discrimination  between  the  operators  concerned  and  notably 
between large and small operators; 

(b) 

is  least  cumbersome  administratively  for  operators,  account  being  taken  of 
administration requirements. 

2. 

Export  refunds  shall  be  the  same  for  the  whole  Community.  They  may  vary 
according  to  destination,  where  the  world  market  situation  or  the  specific 
requirements of certain markets make this necessary.  

Export  refunds  shall  be  fixed  in  accordance  with  the  procedure  referred  to  in 
Article 39(2). 

Refunds may be fixed: 

(a) 

at regular intervals; 

(b)  by invitation to tender for products in respect of which provision was made for 

that procedure in the past. 

Export  refunds  fixed  at  regular  intervals,  may,  if  necessary,  be  amended  in  the 
interval  by  the  Commission,  at  the  request  either  of  a  Member  State  or  on  its  own 
initiative. 

3. 

Export refunds on products referred to in Article 32(1) and (2) and exported without 
further  processing  shall  be  granted  only  on  application  and  on  presentation  of  an 
export licence. 

The export refund applicable to products referred to in Article 32(1) and (2) exported 
without further processing shall be that applicable on the day of application for the 
licence and, in the case of a differentiated refund, that applicable on the same day: 

(a) 

for the destination indicated on the licence, 

or, 

(b)  where appropriate, for the actual destination if this differs from the destination 
indicated on the licence, in which case, the amount applicable shall not exceed 
the amount applicable to the destination indicated on the licence. 

4. 

The  scope  of  paragraphs  1  and  2  of  this  Article  may  be  extended  to  apply  to  the 
products  in  question  that  are  exported  in  the  form  of  processed  products  listed  in 
Annex VII, in accordance with the procedure referred to in Article 16(2) of Council 

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Regulation  (EC)  No  3448/9313.  Detailed  implementing  rules  shall  be  adopted  in 
accordance with that procedure. 

Article 34 
Export limits 

Observance  of  the  volume  commitments  resulting  from  the  agreements  concluded  in 
accordance with Article 300 of the Treaty shall be ensured on the basis of the export licences 
issued for the reference periods which apply to the products concerned. 

Article 35 
Export restrictions 

1. 

2. 

When the  quotations  or  prices  on the world  market  of  one  or  more  of  the  products 
listed in Article 1(1) reach a level that disrupts or threatens to disrupt the availability 
of supply on the Community market and where that situation is likely to continue and 
deteriorate, appropriate measures may be taken in case of extreme emergency. 

Measures  adopted  pursuant  to  this  Article  shall  be  applied  having  regard  to  the 
obligations arising from agreements concluded in accordance with Article 300(2) of 
the Treaty. 

TITLE IV 
GENERAL AND FINAL PROVISIONS 

CHAPTER 1 
GENERAL PROVISIONS 

Article 36 
State aid 

Unless this Regulation provides otherwise, Articles 87, 88 and 89 of the Treaty shall apply to 
the production of and trade in the products listed in Article 1(1). 

Article 37 
Disturbance clause 

When, in case of a substantial rise or fall in prices is recorded on the Community market and: 

–  all measures available under the other articles of this regulation have been taken, 

–  the situation is likely to continue disturbing or threatening to disturb the market,  

further necessary measures may be taken. 

13 

OJ L 318, 20.12.1993, p. 18. 

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Article 38 
Communication 

Member States and the Commission shall provide each other with any information necessary 
for  the  application  of  this  Regulation  and  for  complying  with  the  international  obligations 
concerning the products referred to in Article 1(1). 

Article 39 
Management Committee for Sugar 

1. 

2. 

The  Commission  shall  be  assisted  by  a  Management  Committee  for  Sugar 
(hereinafter referred to as ‘the Committee’). 

Where  reference  is  made  to  this  paragraph,  Articles  4  and  7  of  Decision 
1999/468/EC shall apply. 

The period laid down in Article 4(3) shall be set at one month. 

3. 

The Committee shall adopt its rules of procedures. 

Article 40 
Implementing rules 

1. 

In accordance with the procedure referred to in Article 39(2) detailed rules shall be 
adopted for the implementation of this Regulation. They shall include in particular: 

(a) 

detailed  rules  for  applying  Articles  3  to  6,  in  particular  those  concerning 
increases  and  reductions  of  prices  to  be  applied  for  deviations  from  the 
standard  of  the  reference  price  referred  to  in  Article  3(3)  and  the  minimum 
price referred to in Article 5(3); 

(b)  detailed rules for applying Articles 7 to 10; 

(c) 

detailed  rules  for  applying  Articles  13,  14  and  15,  and  in  particular  the 
conditions  for  granting  production  refunds,  the  amounts  of  such  refunds  and 
the eligible quantities; 

(d)  detailed  rules  regarding  the  establishment  and  the  communications  of  the 

amounts referred to in Articles 8, 15 and 16; 

(e) 

detailed  rules  for  the  application  of  Articles  26,  27  and  28.  These  rules  may 
include in particular: 

(i) 

any  suspension  referred  to  in  Article  26(2)  and  (3)  which  could  be 
determined by a tendering procedure; 

(ii) 

the specification of the products to which additional import duties may be 
applied under Article 27; 

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(iii) 

the annual tariff quotas under Article 28(1), if necessary suitably phased 
over the  year,  and the  determination of the administrative  method to  be 
used which, where appropriate, shall include: 

– 

– 

– 

guarantees  covering  the  nature,  provenance  and  origin  of  the 
product; 

recognition  of  the  document  used  for  verifying  the  guarantees 
referred to in the first indent; 

the conditions under which import licences shall be issued and their 
term of validity; 

(f) 

detailed rules for the application of Article 38; 

(g)  detailed rules for applying the provisions of Chapter 3 of Title III. These rules 

may include in particular: 

(i) 

detailed  rules  on  the  redistribution  of  exportable  quantities  which  have 
not been allocated or utilised; 

(ii) 

the appropriate measures as referred to in Article 35; 

2. 

Furthermore,  in  accordance  with  the  procedure  referred  to  in  Article 39(2)  the 
following may be adopted: 

(a) 

criteria  to  be  applied  by  the  sugar  undertakings  when  allocating  among  beet 
sellers the quantities of beet to be covered by pre-sowing delivery contracts as 
referred to in Article 6(4); 

(b) 

amendments to Annexes I and II; 

(c) 

detailed rules for applying Articles 16 to 19 and, in particular: 

(i) 

(ii) 

the  supplementary  information  to  be  submitted  by  the  approved 
operators; 

the criteria for sanctions, suspensions and withdrawal of approval of the 
operators; 

(iii) 

the granting of aids and the amount of aids for private storage provided 
for in Article 18; 

(iv) 

the percentage of withdrawn quota sugar referred to in Article 19(1); 

(v) 

the  conditions  for  the  payment  of  the  minimum  price  in  case  the 
withdrawn  sugar  is  being  sold  on  the  Community  market  under 
Article 19(4); 

(d) 

rules for applying the derogation provided for in Article 23(1); 

(e) 

detailed rules for applying Articles 29 and 30 and, in particular, to comply with 
international agreements: 

(i) 

amendments to the definition provided for in Article 2(11); 

EN 

34 

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(ii) 

amendments to Annex VI; 

(f) 

detailed rules for applying Article 37. 

[Article 41  
Amendment to Regulation (EC) No ..../2005 

In Article 24 of Regulation (EC) No ……/2005, paragraph 2 is replaced by the following: 

"2. 

The Community shall finance the measures provided for in Titles II and III up to the 
following annual maxima: 

(million EUR) 

Financial year 2007 

Financial year 2008 and further 

French overseas departments: 

Azores and Madeira: 

Canary Islands: 

126.6 

77.9 

127.3 

143.9 

78.2 
127.3"]14 

Article 42 
Specific measures 

Measures  which  are  both  necessary  and  justifiable  in  an  emergency,  in  order  to  resolve 
practical specific problems shall be adopted  in accordance  with the procedure referred to in 
Article 39(2). 

Such measures may derogate from provisions of this Regulation, but only to the extent that, 
and for such a period, as is strictly necessary. 

Article 43 
Financial provisions 

Regulation  (EC)  No  1258/1999  and  the  provisions  adopted  for  the  implementation  thereof 
shall apply to the expenditure incurred by the Member States in carrying out obligations under 
this Regulation. 

CHAPTER 2 
TRANSITIONAL AND FINAL PROVISIONS 

Article 44 
Transitional measures 

In  accordance  with  the  procedure  referred  to  in  Article  39(2),  transitional  measures  may  be 
adopted  to  facilitate  the  transition  from  the  rules  provided  for  in  Regulation  (EC) 
No 1260/2001 to those established by this Regulation. 

14 

[Awaiting the adoption of the proposed Council Regulation (EC) No .…/2005 on the financing of the 
common agricultural policy.] 

EN 

35 

   EN 

 
                                                 
Regulation (EC) No 1260/2001 is repealed. 

Article 45 
Repeal 

Article 46 
Entry into force 

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

It  shall  apply  from  the  marketing  year  2006/2007.  Title  II  shall  apply  until  the  end  of 
marketing year 2014/2015. 

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

Done at Brussels,  

For the Council 
The President 

EN 

36 

   EN 

 
 
 
ANNEX I 

STANDARD QUALITIES 

Point I 

Standard quality for sugar beet 

Standard quality beet shall: 

(a) 

(b) 

be of sound and fair merchantable quality; 

have a sugar content of 16% at the reception point. 

Point II 

Standard quality for white sugar 

1. 

White sugar of the standard quality shall have the following characteristics: 

(a) 

be  of  sound,  genuine  and  merchantable  quality;  dry,  in  homogeneous 
granulated crystals, free-flowing, 

(b)  minimum polarisation 99.7°, 

(c)  maximum moisture content 0.06%, 

(d)  maximum invert sugar content: 0.04%, 

(e) 

the  number  of  points  determined  under  paragraph  2  shall  not  exceed  a  total 
of 22, nor: 

– 

– 

– 

15 for the ash content, 

9  for  the  colour  type,  determined  using  the  method  of  the  Brunswick 
Institute  of  Agricultural  Technology,  hereinafter  called  the  ‘Brunswick 
method’, 

6  for  the  colouring  of  the  solution,  determined  using  the  method  of  the 
International  Commission  for  Uniform  Methods  of  Sugar  Analysis, 
hereinafter called the ‘ICUMSA method’. 

2. 

One point shall correspond to: 

(a) 

0.0018% of ash content determined using the ICUMSA method at 28° Brix, 

(b)  0.5 units of colour type determined using the Brunswick method, 

(c) 

7.5 units of colouring of the solution determined using the ICUMSA method. 

3. 

The  methods  for  determining  the  factors  referred  to  in  paragraph  1  shall  be  those 
used for determining those factors under the intervention measures. 

EN 

37 

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Point III 

Standard quality for raw sugar 

1. 

2. 

Raw sugar of the standard quality shall be sugar with a yield in white sugar of 92%. 

The  yield  of  raw  beet  sugar  shall  be  calculated  by  subtracting  from  the  degree  of 
polarisation of that sugar: 

(a) 

its percentage ash content multiplied by four, 

(b) 

its percentage invert sugar content multiplied by two, 

(c) 

the number 1. 

3. 

The yield of raw cane sugar shall be calculated by subtracting 100 from the degree of 
polarisation of that sugar multiplied by two. 

EN 

38 

   EN 

 
ANNEX II 

PURCHASE TERMS FOR BEET 

Point I 

For the purposes of this Annex:, “Contracting Parties” means: 

(a) 

(b) 

1. 

2. 

1. 

2. 

3. 

4. 

sugar undertakings, hereinafter called «manufacturers», 

beet sellers, hereinafter called «sellers»; 

Point II 

Delivery contracts shall be made in writing for a specified quantity of quota beet. 

Delivery  contracts  shall  specify  whether  an  additional  quantity  of  beet  may  be 
supplied, and under what terms. 

Point III 

Delivery  contracts  shall  indicate  the  purchase  prices  for  the  quantities  of  beet 
referred to in the first indent and, if appropriate, second indent, of Article 6(3). In the 
case of the quantities referred to in the first indent of Article 6(3), those prices may 
not be lower than the minimum price for quota beet referred to in Article 5(1). 

Delivery contracts shall lay down a fixed sugar content for beet. They shall include a 
conversion scale showing the different sugar contents and factors for converting the 
quantities of beet supplied into quantities corresponding to the sugar content shown 
in the delivery contract. 

The scale shall be based on the yields corresponding to the different sugar contents. 

Where a seller has signed a delivery contract with a manufacturer for the delivery of 
beet  as  referred  to  in  the  first  indent  of  Article  6(3),  all  deliveries  by  that  seller, 
converted  in  accordance  with  paragraph  2  of  this  Point,  shall  be  considered  to  be 
deliveries within the meaning of the first indent of Article 6(3), up to the quantity of 
beet specified in the delivery contract. 

Manufacturers  producing  a  quantity  of  sugar  lower  than  their  quota  beet  for  which 
they have signed pre-sowing delivery contracts under the first indent of Article 6(3), 
shall distribute the quantity of beet corresponding to any additional production up to 
the amount of their quota among the sellers with whom they have signed pre-sowing 
delivery contracts within the meaning of the first indent of Article 6(3). 

Agreements within the trade may derogate from this provision. 

1. 

Delivery  contracts  shall  contain  provisions  concerning  the  staggering  and  normal 
duration of beet deliveries. 

Point IV 

EN 

39 

   EN 

 
 
2. 

1. 

2. 

3. 

4. 

1. 

2. 

1. 

2. 

Provisions  referred  to  in  paragraph  1  shall  be  those  applicable  during  the  previous 
marketing year, taking account of the level of actual production; agreements within 
the trade may derogate therefrom. 

Delivery contracts shall provide for beet collection places. 

Point V 

Where  sellers  and  manufacturers  have  already  signed  a  delivery  contract  for  the 
previous  marketing  year,  the  collection  places  agreed  upon  by  them  for  deliveries 
during  that  marketing  year  shall  remain  in  operation.  Agreements  within  the  trade 
may derogate from this provision. 

Delivery contracts shall provide that loading and transport costs from the collection 
places  are  to  be  borne  by  the  manufacturer  subject  to  special  agreements  based  on 
local rules or usages in operation before the previous marketing year. 

However,  in  Denmark,  Greece,  Spain,  Ireland,  Portugal,  Finland  and  the  United 
Kingdom,  where  beet  is  delivered  free-at-factory,  delivery  contracts  shall  require 
manufacturers  to  contribute  to  loading  and  transport  costs  and  shall  stipulate  the 
percentage or amounts. 

Delivery contracts shall provide for reception points for beet. 

Point VI 

Where  sellers  and  manufacturers  have  already  signed  a  delivery  contract  for  the 
previous  marketing  year,  the  reception  points  agreed  upon  by  them  for  deliveries 
during  that  marketing  year  shall  remain  in  operation.  Agreements  within  the  trade 
may derogate from this provision. 

Point VII 

Delivery  contracts  shall  provide  for  the  sugar  content  to  be  determined  using  the 
polarimetric method. A sample of the beet shall be drawn at the time of reception. 

Agreements within the trade may provide for samples to be drawn at another stage. 

In such cases, the delivery contract shall provide for a correction to compensate for 
any drop in the sugar content between the reception and the drawing of the sample. 

Point VIII 

Delivery  contracts  shall  provide  for  gross  weight,  tare  and  sugar  content  to  be  determined 
using one of the following procedures: 

(a) 

jointly, by the manufacturer and the beet growers' trade organisation, if an agreement 
within the trade so provides; 

(b) 

by the manufacturer, under the supervision of the beet growers' trade organisation; 

EN 

40 

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(c) 

by the manufacturer, under the supervision of an expert recognised by the Member 
State concerned, provided the seller defrays the costs thereof. 

1. 

Delivery contracts shall require manufacturers to do one or more of the following for 
the whole quantity of beet delivered: 

Point IX 

(a) 

(b) 

(c) 

(d) 

to return the fresh pulp from the tonnage of beet delivered free of charge to the 
seller, ex factory; 

to return part of that pulp, pressed or dried and molassed, free of charge to the 
seller, ex factory; 

to  return  the  pulp,  pressed  or  dried,  to  the  seller,  ex  factory;  in  this  case,  the 
manufacturer may require the seller to pay the pressing or drying costs; 

to  pay  the  seller  compensation  which  takes  account  of  the  possibilities  of 
selling the pulp concerned. 

When parts of the whole quantity of beet delivered are subject to different treatment, 
the delivery  contract  shall impose more  than  one of  the obligations provided for in 
the first subparagraph. 

Agreements  within  the  trade  may  provide  for  pulp  to  be  delivered  at  a  stage  other 
than that referred to in paragraph 1(a), (b) and (c). 

Point X 

Delivery  contracts  shall  fix  the  time  limits  for  any  advance  payments  and  for 
payment of the purchase price for beet. 

The  time  limits  referred  to  in  paragraph  1  shall  be  those  valid  during  the  previous 
marketing year. Agreements within the trade may derogate from this provision. 

2. 

1. 

2. 

Point XI 

Where delivery contracts lay down rules covering matters which are dealt with in this Annex, 
or  where  they  contain  provisions  governing  other  matters,  their  provisions  and  effects  must 
not conflict with this Annex. 

Point XII 

1. 

2. 

Agreements  within  the  trade  as  described  in  Point  I(3)(b)  shall  contain  arbitration 
clauses. 

Where agreements within the trade at Community, regional or local level lay down 
rules covering matters which are dealt with in this Regulation, or where they contain 
provisions  governing  other  matters,  their  provisions  and  effects  must  not  conflict 
with this Annex. 

3. 

Agreements referred to in paragraph 2 lay down, in particular: 

EN 

41 

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(a) 

rules on the distribution to sellers of quantities of beet which the manufacturer 
decides to buy prior to sowing, for the manufacture of sugar within the limits 
of the quota; 

(b) 

rules on distribution as referred to in Point III(4); 

(c) 

the conversion scale referred to in Point III(2); 

(d) 

rules on the choice and supply of seeds of the varieties of beet to be produced; 

(e) 

the minimum sugar content of beet to be delivered; 

(f) 

a  requirement  for  consultation  between  the  manufacturer  and  the  sellers' 
representatives before the starting date of beet deliveries is fixed; 

(g) 

the payment of premiums to sellers for early or late deliveries; 

(h)  details of: 

(i) 

the part of the pulp referred to in Point IX(1)(b), 

(ii) 

the costs referred to in Point IX(1)(c), 

(iii) 

the compensation referred to in Point IX(1)(d); 

(i) 

the removal of pulp by the seller; 

(j)  without  prejudice  to  Article  5(1),  rules  on  how  any  difference  between  the 
reference  price  and  the  actual  selling  price  of  the  sugar  is  to  be  allocated 
between the manufacturer and sellers. 

Point XIII 

Where there is no set agreement within the trade as to how the quantities of beet intended for 
the manufacture of sugar within the quota limits which the manufacturer offers to buy before 
sowing  should  be  allocated  among  the  sellers,  the  Member  State  concerned  may  itself  lay 
down rules for such allocation. 

Those rules may also grant to traditional sellers of beet to cooperatives delivery rights other 
than those which they would enjoy if they belonged to such cooperatives. 

EN 

42 

   EN 

 
ANNEX III 

NATIONAL AND REGIONAL QUOTAS 

Member States or regions 
(1) 

Belgium 

Czech Republic 

Denmark 

Germany 

Greece 

Spain 

France (metropolitan) 

French overseas departments 

Ireland 

Italy 

Latvia 

Lithuania 

Hungary 

Netherlands 

Austria 

Poland 

Portugal (mainland.) 

The autonomous region of the Azores 

Slovakia 

Slovenia 

Finland 

Sweden 

United Kingdom 

TOTAL 

SUGAR 
(2) 

819 812 

454 862 

420 746 

3 416 896 

317 502 

996 961 

3 288 747 

480 245 

199 260 

1 557 443 

66 505 

103 010 

401 684 

864 560 

387 326 

1 671 926 

69 718 

9 953 

207 432 

52 973 

146 087 

368 262 

1 138 627 

17 440 537 

ISOGLUCOSE 
(3) 

INULINE SYRUP
(4) 

71 592 

215 247 

- 

- 

35 389 

12 893 

82 579 

19 846 

- 

- 

20 302 

- 

- 

137 627 

9 099 

- 

26 781 

9 917 

- 

42 547 

- 

11 872 

- 

27 237 

507 680 

- 

- 

- 

- 

- 

24 521 

- 

- 

- 

- 

- 

80 950 

- 

- 

- 

- 

- 

- 

- 

- 

- 

320 718 

EN 

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   EN 

 
 
 
 
ANNEX IV 

ADDITIONAL QUOTAS FOR SUGAR 

Member states 

Additional quota 

Belgium 

Czech Republic 

Denmark 

Germany 

France (metropolitan) 

Lithuania 

Netherlands 

Austria 

Poland 

Sweden 

United Kingdom 

62 489 

20 070 

31 720 

238 560 

351 695 

8 985 

66 875 

18 486 

100 551 

17 722 

82 847 

TOTAL 

1 000 000 

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DETAILED RULES ON TRANSFERS OF SUGAR OR ISOGLUCOSE QUOTAS 

ANNEX V 

For the purposes of this Annex: 

Point I 

(a) 

(b) 

(c) 

(d) 

‘merger of undertakings’ means the consolidation of two or more undertakings into a 
single undertaking; 

‘transfer  of  an  undertaking’  means  the  transfer  or  absorption  of  the  assets  of  an 
undertaking having quota to one or more undertakings; 

‘transfer of a factory’ means the transfer of ownership of a technical unit, including 
all  the  plant  required  to  manufacture  the  product  concerned,  to  one  or  more 
undertakings,  resulting  in  the  partial  or  total  absorption  of  the  production  of  the 
undertaking making the transfer; 

‘lease of a factory’ means the leasehold contract of a technical unit including all the 
plant required for the manufacture of sugar, with a view to its operation, concluded 
for a period of at least three consecutive marketing years, which the parties agree not 
to terminate before the end of the third marketing year, with an undertaking which is 
established  in  the  same  Member  State,  as  the  factory  concerned,  if,  after  the  lease 
takes  effect,  the  undertaking  which  rents  the  factory  can  be  considered  a  solely 
sugar-producing undertaking for its entire production. 

Point II 

1. 

Without  prejudice  to  paragraph  2,  in  the  event  of  the  merger  or  transfer  of  sugar-
producing undertakings or the transfer of sugar factories, the quota shall be adjusted 
as follows: 

(a) 

(b) 

(c) 

in the event of the merger of sugar-producing undertakings, the Member States 
shall allocate to the undertaking resulting from the merger a quota equal to the 
sum  of  the  quotas  allocated  prior  to  the  merger  to  the  sugar-producing 
undertakings concerned; 

in the event of the transfer of a sugar-producing undertaking, the Member State 
shall  allocate  the  quota  of  the  transferred  undertaking  to  the  transferee 
undertaking for the production of sugar or, if there is more than one transferee 
undertaking, the allocation shall be made in proportion to the sugar production 
absorbed by each of them; 

in the  event of the transfer of a  sugar  factory,  the  Member  State  shall  reduce 
the  quota  of  the  undertaking  transferring  ownership  of  the  factory  and  shall 
increase  the  quota  of  the  sugar-producing  undertaking  or  undertakings 
purchasing the factory in question by the quantity deducted in proportion to the 
production absorbed. 

2. 

Where  a  number  of  the  sugar-beet  or  cane  growers  directly  affected  by  one  of  the 
operations referred to in paragraph 1 expressly show their willingness to supply their 
beet or cane to a sugar-producing undertaking which is not party to those operations, 

EN 

45 

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the Member State may make the allocation on the basis of the production absorbed 
by the undertaking to which they intend to supply their beet or cane. 

3. 

In the event of closure, in circumstances other than those referred to in paragraph 1, 
of: 

(a) 

a sugar-producing undertaking, 

(b)  one or more factories of a sugar-producing undertaking, 

the Member State may allocate the part of the quotas involved in such closure to one 
or more sugar-producing undertakings. 

Also in the case referred to in point (b) of the preceding subparagraph, where some 
of the producers concerned expressly show their willingness to supply their beet or 
cane  to  a  given  sugar-producing  undertaking,  the  Member  State  may  allocate  the 
proportion  of  the  quotas  corresponding  to  the  beet  or  cane  concerned  to  the 
undertaking which they intend to supply with those products 

Where  the  derogation  referred  to  in  Article  6(6)  is  invoked,  the  Member  State 
concerned  may  require  the  beet  growers  and  the  sugar  undertakings  concerned  by 
that  derogation  to  include  in  their  agreements  within  the  trade  special  clauses 
enabling the Member State to apply paragraphs 2 and 3 of this Point. 

In the event of the lease of a factory belonging to a sugar-producing undertaking, the 
Member State may reduce the quota of the undertaking offering the factory for rent 
and  allocate  the  portion  by  which  the  quota  was  reduced  to  the  undertaking  which 
rents the factory in order to produce sugar in it. 

If  the  lease  is  terminated  during  the  period  of  three  marketing  years  referred  to  in 
Point  I  (d)  the  adjustment  of  quota  under  the  first  subparagraph  of  this  paragraph 
shall be cancelled retroactively by the Member State as at the date on which the lease 
took  effect.  However,  if  the  lease  is  terminated  by  reason  of  force  majeure,  the 
Member State shall not be bound to cancel the adjustment. 

Where  a  sugar-producing  undertaking  can  no  longer  ensure  that  it  meets  its 
obligations under Community Regulations towards the sugar-beet or cane producers 
concerned,  and  where  that  situation  has  been  ascertained  by  the  competent 
authorities  of  the  Member  State  concerned,  the  latter  may  allocate  for  one  or  more 
marketing  years  the  part  of  the  quotas  involved  to  one  or  more  sugar-producing 
undertakings in proportion to the production absorbed.  

Where  a  Member  State  grants  a  sugar  producing  undertaking  price  and  outlet 
guarantees  for  processing  sugar  beet  into  ethyl  alcohol,  the  Member  State  may,  in 
agreement with that undertaking and the beet growers concerned, allocate all or part 
of  the  sugar  production  quotas  to  one  or  more  undertakings  for  one  or  more 
marketing years.  

4. 

5. 

6. 

7. 

In the event of the merger or transfer of isoglucose-producing undertakings or the transfer of 
an isoglucose-producing factory, the Member State may allocate the quotas involved for the 

Point III 

EN 

46 

   EN 

 
production  of  isoglucose  to  one  or  more  other  undertakings,  whether  or  not  they  have  a 
production quota. 

Point IV 

The  measures  taken  pursuant  to  Points  II  and  III  may  take  effect  only  if  the  following 
conditions are met: 

(a) 

(b) 

(c) 

the interests of each of the parties concerned are taken into consideration; 

the Member State concerned considers that they are likely to improve the structure of 
the beet, cane and sugar-manufacturing sectors; 

they concern undertakings established in the same territory for which the quota is set 
in Annex III. 

Point V 

When the merger of transfer occurs between 1 October and 30 April of the following year, the 
measures referred to in Points II and III shall take effect for the current marketing year. 

When the merger of transfer occurs between 1 May and 30 September of the same year, the 
measures referred to in Points II and III shall take effect for the following marketing year.  

Point VI 

Where Article 10(3) is applied, Member States shall allocate the adjusted quotas by the end of 
February at the latest with a view to applying them in the following marketing year. 

Where  Points  II  and  III  are  applied,  Member  States  shall  inform  the  Commission  of  the 
adjusted quotas not later than 15 days after the expiry of the periods referred to in Point V. 

Point VII 

EN 

47 

   EN 

 
ANNEX VI 

STATES REFERRED TO IN ARTICLE 2(11) 

Barbados 

Belize 

Côte d’Ivoire 

Congo 

Fiji 

Guyana 

India 

Jamaica 

Kenya 

Madagascar 

Malawi 

Mauritius 

Mozambique 

Saint Kitts and Nevis – Anguilla 

Suriname 

Swaziland 

Tanzania 

Trinidad and Tobago 

Uganda 

Zambia 

Zimbabwe 

EN 

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   EN 

 
 
ANNEX VII 

PROCESSED PRODUCTS 

Description 

Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and 
cream,  whether  or  not  concentrated or  containing  added sugar  or other sweetening  matter  or 
flavoured or containing added fruit, nuts or cocoa: 

CN Code 

ex 

0403 

0403 10 

-  Yoghurt 

0403 10 51 to 
0403 10 99 

Flavoured or containing added fruit, nuts or cocoa 

0403 90 

-  Other 

0403 90 71 to 
0403 90 99 

-  -  Flavoured or containing added fruit, nuts or cocoa 

ex 

0710 

-  Vegetables (uncooked or cooked by steaming or by boiling in water), frozen: 

0710 40 00 

-  Sweetcorn 

ex 

0711 

-  Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur 
water  or  in  other  preservative  solutions),  but  unsuitable  in  that  state  for  immediate 
consumption: 

0711 90 

-  Other vegetables; mixtures of vegetables: 

-  -  Vegetables: 

0711 90 30 

-  Sweetcorn 

1702 50 00 

Chemically pure fructose 

ex 

1704 

Sugar confectionery (including white chocolate), not containing cocoa, except liquorice extract 
of subheading No 1704 90 10 

1806 

Chocolate and other food preparations containing cocoa 

ex 

1901 

Malt extract: food preparations of flour, meal, starch or malt extract, not containing cocoa or 
containing  less  than  40%  by  weight  of  cocoa  calculated  on  a  totally  defatted  basis,  not 
elsewhere specified or included; food preparations of goods of heading Nos 0401 to 0404, not 
containing cocoa or containing less than 5% by weight of cocoa calculated on a totally defatted 
basis, not elsewhere specified or included. 

1901 10 00 

-  Preparations for infant use, put up for retail sale 

1901 20 00 

-  Mixes and doughs for the preparations of bakers’ wares of heading No 1905 

1901 90 

-  Other: 

-  -  Other: 

1901 90 99 

-  - 

-  Other 

ex 

1902 

Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, 
such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether 
or not prepared: 

1902 20 

-  Stuffed pasta, (whether or not cooked or otherwise prepared): 

-  -  Other 

1902 20 91 

-  - 

-  Cooked 

1902 20 99 

-  - 

-  Other 

1902 30 

1902 40 

-  Other pasta 

-  Couscous: 

1902 40 90 

-  -  Other 

EN 

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CN Code 

1904 

ex 

1905 

Description 

Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, 
cornflakes);  cereals  (other  than  maize  (corn))  in  grain form  or  in  the  form  of flakes or other 
worked  grains  (except  flour  and  meal),  pre-cooked,  or  otherwise  prepared,  not  elsewhere 
specified or included: 

Bread,  pastry,  cakes,  biscuits  and  other  bakers’  wares,  whether  or  not  containing  cocoa; 
communion wafers,  empty  cachets of  a kind  suitable for pharmaceutical  use,  sealing wafers, 
rice paper and similar products: 

1905 10 00 

-  Crispbread 

1905 20 

1905 31 

1905 32 

1905 40 

1905 90 

-  Gingerbread and the like 

-  -  Sweet biscuit 

-  -  Waffles and wafers 

-  Rusks, toasted bread and similar toasted products 

-  Other: 

-  -  Other: 

1905 90 45 

-  - 

-  Biscuits 

1905 90 55 

-  - 

-  Extruded or expanded products, savoury or salted 

1905 90 60 

1905 90 90 

-  - 

-  - 

- 

- 

-  With added sweetening matter 

-  Other 

ex 

2001 

Vegetables,  fruit,  nuts  and  other  edible  parts  of  plants,  prepared  or  preserved  by  vinegar  or 
acetic acid: 

2001 90 

-  Other 

2001 90 30 

-  -  Sweetcorn (Zea mays var. saccharata) 

2001 90 40 

-  -  Yams, sweet potatoes and similar edible parts of plants containing 5% or more by weight 

of starch 

ex 

2004 

2004 10 

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other 
than products of heading No 2006: 

-  Potatoes: 

-  -  Other 

2004 10 91 

-  - 

- 

In the form of flour, meal or flakes 

2004 90 

-  Other vegetables and mixtures of vegetables: 

2004 90 10 

-  -  Sweetcorn (Zea mays var. saccharata) 

ex 

2005 

Other  vegetables  prepared  or  preserved  otherwise  than  by  vinegar  or  acetic  acid,  not  frozen, 
other than products of heading No 2006): 

2005 20 

-  Potatoes: 

2005 20 10 

-  - 

In the form of flour, meal or flakes 

2005 80 00 

-  Sweetcorn (Zea mays var. saccharata) 

ex 

2101 

Extracts,  essences  and  concentrates  of  coffee,  tea  or  mate  and  preparations  with  a  basis  of 
these products or with a basis of coffee, tea or mate; roasted chicory and other roasted coffee 
substitutes, and extracts, essences and concentrates thereof: 

-  Extracts, essences and concentrates of coffee and preparations with a basis of these products 

or with a basis of these extracts, essences or with a basis of coffee: 

-  -  Preparation  with  a  basis  of  these  extracts,  essences  or  concentrates  or  with  a  basis  of 

coffee: 

2101 12 98 

-  - 

-  Other: 

EN 

50 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN Code 

Description 

-  Extracts, essences and concentrates , of tea or mate, and preparations with a basis of these 

extracts, essences or concentrates, or with a basis of tea or mate: 

-  -  Preparations 

2101 20 98 

-  - 

-  Other 

-  Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates 

thereof: 

-  -  Roasted chicory and other roasted coffee substitutes: 

2101 30 19 

-  - 

-  Other 

-  -  Extracts, essences and concentrates of roasted chicory and other roasted coffee substitute: 

2101 30 99 

-  - 

-  Other 

2105 00 

Ice cream and other edible ice, whether or not containing cocoa: 

ex 

2106 

Food preparations not elsewhere specified or included: 

2106 90 

-  Other: 

2106 90 10 

-  -  Cheese fondues 

-  -  Other: 

2106 90 92 

-  - 

- 

- 

-  Containing no milk fats, sucrose, isoglucose, glucose or starch or containing, by 
weight, less than 1,5% milk fat, 5% sucrose or isoglucose, 5% glucose or starch 

2106 90 98 

-  - 

- 

- 

-  Other 

2202 

Waters,  including  mineral  waters  and  aerated  waters,  containing  added  sugar  or  other 
sweetening  matter  or  flavoured,  and  other  non-alcoholic  beverages,  not  including  fruit  or 
vegetable juices of heading No 2009 

2205 

Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances: 

ex 

2208 

Undenatured  ethyl  alcohol of  an  alcoholic  strength by  volume  of  less  than  80% vol.;  spirits, 
liqueurs and other spirituous beverages: 

2208 20 

-  Spirits obtained by distilling grape wine or grape marc: 

2208 50 91 to 
2208 50 99 

Geneva 

2208 70 

Liqueurs and cordials: 

2208 90 41 to 
2208 90 78 

-  Other spirits and spirituous beverages: 

2905 43 00 

Mannitol 

2905 44 

D-glucitol (sorbitol) 

ex 

3302 

Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of 
one or more of these substances of a kind used as raw materials in industry; other preparations 
based on odoriferous substances, of a kind used for the manufacture of beverages: 

3302 10 

-  Of a kind used in the food or drink industries: 

-  -  Of a kind used in the drink industries: 

-  - 

-  Preparations containing all flavouring agents characterising a beverage: 

-  - 

- 

- 

-  Other (of an actual alcoholic strength by volume not exceeding 0,5%) 

3302 10 29 

Other 

ex  Chapter 38 

Miscellaneous chemical products: 

3824 60 

Sorbitol other than that of subheading 2905 44 

EN 

51 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2005/0119 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 1782/2003 establishing common rules  
for direct support schemes under the common agricultural policy  
and establishing certain support schemes for farmers 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular  the 
third subparagraph of Article 37(2) thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament, 

Having regard to the opinion of the European Economic and Social Committee, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

15 
16 

Council Regulation (EC) No ……/2005 (sugar reform) on the common organisation of 
the  markets  in  the  sugar  sector15  provides  for  an  important  reform  of  the  sugar 
common  market  organisation.  The  measures  introduced  by  that  Regulation  include  a 
significant  reduction  in  the  institutional  support  price  for  Community  sugar  in  two 
steps. 

As  a  consequence  of  reduced  market  support  in  the  sugar  sector,  income  support 
measures for sugar beet growers should be introduced. That measure should take the 
form of a payment to sugar beet and chicory growers the overall level of which should 
develop in parallel with the gradual reduction of market supports. 

The de-coupling of direct producer support and the introduction of the single payment 
scheme  are  essential  elements  in  the  process  of  reforming  the  common  agricultural 
policy aimed at moving away from a policy of price and production support to a policy 
of farmer income support. Council Regulation (EC) No 1782/200316 introduced those 
elements for a variety of agricultural products. 

In  order  to  meet  the  objectives  underlying  the  reform  of  the  common  agricultural 
policy, the support for sugar beet should be de-coupled and integrated into the single 
payment scheme. 

OJ L …, …, p. … 
OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 118/2005 
(OJ L 24, 27.1.2005, p. 15). 

EN 

52 

   EN 

 
                                                 
(5) 

(6) 

(7) 

Consequently,  the  rules  on  direct  support  schemes  laid  down  in  Regulation  (EC) 
No 1782/2003 should be adapted. 

Sugar  beet  and  chicory  growers  in  the  new  Member  States  have  benefited  since 
accession  from  price  support  in  the  framework  of  Regulation  (EC)  No 1260/2001  of 
19 June  2001  on  the  common  organisation  of  the  markets  in  the  sugar  sector17. 
Therefore,  the  sugar  payment  and  the  sugar  and  chicory  components  in  the  single 
payment scheme should not be subject to the application of the schedule of increments 
provided for in Article 143a. 

The  level  of  individual  income  support  should  be  calculated  on  the  basis  of  the 
average number of hectares under sugar beet or chicory used for the production of A 
and B sugar or inuline syrup covered by a delivery contract concluded, in accordance 
with  Article  19  of  Council  Regulation  (EC)  No 1260/2001,  with  a  sugar  or  inuline 
syrup  undertaking  for  one  or  more  marketing  years  to  be  determined  by  Member 
States. 

(8) 

To  ensure  the  proper  application  of  the  support  scheme  and  for  reasons  of  budget 
control, provision should be made for keeping the overall income support within the 
limit of national envelopes calculated on the basis of a historical reference year. 

(9)  Member  States  that  have  opted  or  will  opt  for  applying  the  single  payment  scheme 
only as from 1 January 2007 should be enabled to grant income support to growers of 
sugar beet and chicory used for the production of inuline syrup in 2006 in the form of 
a payment based on the number of hectares of sugar beet or chicory delivered. As for 
the calculation of the sugar beet and chicory component in the single payment scheme, 
Member  States  should  have  the  possibility  to  determine  the  marketing  years  to  be 
taken into account on a representative basis. 

(10) 

(11) 

(12) 

In order to solve, where the case may be, problems arising from the change-over from 
the current regime to the single payment scheme, it is appropriate to confer the power 
on  the  Commission  to  adopt  the  relevant  transitional  rules  by  way  of  amendment  of 
the current Article 155 of Regulation (EC) No 1782/2003. 

In order to earmark the sugar payment provided for in Article 110p as direct payments 
Annex I to Regulation (EC) No 1782/2003 should be amended accordingly. 

In order to take account of the amount of income support provided for with regard to 
the sugar payment, the national ceilings provided for in Annexes II, VIII and VIIIa to 
Regulation (EC) No 1782/2003 should be adapted accordingly. 

(13)  Regulation (EC) No 1782/2003 should therefore be amended accordingly, 

17 

OJ  L  178,  30.6.2001,  p. 1.  Regulation  as  last  amended  by  Commission  Regulation  (EC)  No  39/2004 
(OJ L 6, 10.1.2004, p. 16). 

EN 

53 

   EN 

 
                                                 
HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 1782/2003 is amended as follows: 

(1) 

In Article 37(1) the following subparagraph is added: 

“For  sugar  beet  and  chicory  used  for  the  production  of  inuline  syrup  the  reference 
amount shall be calculated and adjusted in accordance with Annex VII, point K.” 

(2) 

Point (a) of Article 43(2) is replaced by the following: 

"(a) 

in  case  of  potato  starch,  dried  fodder,  seed,  olive  groves,  tobacco  and  sugar 
beet  and  chicory  aids  listed  in  Annex VII,  the  number  of  hectares  whose 
production  has  been  granted  the  aid  or,  in  the  case  of  sugar  beet  and  chicory 
used for the production of inuline syrup, the amount of support in the reference 
period as calculated in points B, D, F, H, I and K of Annex VII;"; 

(3) 

In Section 1 of Chapter 5 of Title III, the following Article is added: 

"Article 63a 
Sugar beet and chicory payments 

In relation to the inclusion of the sugar beet and chicory payments component in the 
single  payment  scheme,  Members  States  may  decide  to  apply  the  derogation 
provided for in Article 63(3) by 1 March 2006.”  

(4) 

Article 71c is replaced by the following: 

" Article 71c  
Ceiling 

The national ceilings of the new Member States shall be those listed in Annex VIIIa. 
Except  the  sugar  and  chicory  component  thereof,  the  ceilings  are  calculated  taking 
account of the schedule of increments provided for in Article 143a, and therefore do 
not need to be reduced.” 

(5) 

In Title IV, the following Chapter is inserted: 

« CHAPTER 10e 
SUGAR PAYMENT 

Article 110p 
Sugar payment 

1. 

In  case  of  application  of  Article  71,  for  2006,  growers  of  sugar  beet  and 
chicory  used  for  the  production  of  inuline  syrup  shall  qualify  for  a  sugar 
payment.  It  shall  be  granted  for  the  average  number  of  hectares  under  sugar 
beet  or  chicory  used  for  the  production  of  A  and  B  sugar  or  inuline  syrup 
covered by the delivery contracts concluded by the grower in accordance with 

EN 

54 

   EN 

 
Article  19  of  Council  Regulation  (EC)  No  1260/2001*  for  a  representative 
period of one or more marketing years as from the marketing years 2000/2001, 
to be determined by the Member State concerned in accordance with objective 
and non-discriminatory criteria. 

2.  Without prejudice to Article 71(2), for the purpose of calculating the amount of 
the sugar payment the average number of hectares under sugar beet or chicory 
referred to in paragraph 1 of this Article, shall be multiplied by the respective 
amount per tonne listed for the year 2006 in point K of Annex VII. 

3.  Articles 143a and 143c shall not apply to the sugar payment.” 
______________________ 
(*)  OJ L 178, 30.6.2001, p. 1”. 

(6) 

The following point (d) b is inserted in Article 145: 

"(d) b  detailed rules relating to the inclusion of sugar beet and chicory support in the 

single payment scheme; " 

(7) 

Article 155 is replaced by the following: 

"Article 155 
Other transitional rules 

Further measures required to facilitate the transition from the arrangements provided 
for  in  the  Regulations  referred  to  in  Articles  152  and  153  and  in  Regulation  (EC) 
No 1260/2001  to  those  established  by  this  Regulation,  notably  those  related  to  the 
application of Articles 4 and 5 and the Annex of Regulation (EC) No 1259/1999 and 
Article  6  of  Regulation  (EC)  No 1251/1999  and  from  the  provisions  related  to  the 
improvement plans provided for in Regulation (EEC) No 1035/72 to those referred to 
in  Articles  83  to  87  of  this  Regulation,  may  be  adopted  in  accordance  with  the 
procedure  referred  to  in  Article 144(2)  of  this  Regulation.  Regulations  and  Articles 
referred  to  in  Articles  152  and  153  shall  continue  to  apply  for  the  purpose  of  the 
establishment of the reference amounts referred to in Annex VII.” 

(8) 

The Annexes are amended in accordance with the Annex to this Regulation. 

Article 2 

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

It shall apply as from 1 January 2006. 

EN 

55 

   EN 

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

Done at Brussels,  

For the Council 
The President 

EN 

56 

   EN 

 
 
 
ANNEX 

The Annexes to Regulation (EC) No 1782/2003 are amended as follows: 

(1) 

In Annex I after the line for hops the following line is inserted: 

“sugar  beet  and  chicory  used 
for inuline syrup production 

Title  IV,  Chapter  10e  of 
this Regulation (*****) 

Production aid” 

(2) 

Annex II is replaced by the following: 

"ANNEX II 
National ceilings referred to in Article 12(2) 

Member State 

2005 

2006 

2007 

2008 

2009 

2010 

2011 

2012 

(EUR million) 

Belgium 

Denmark 

Germany 

Greece 

Spain 

France 

Ireland 

Italy 

Luxembourg 

Netherlands 

Austria 

Portugal 

Finland 

Sweden 
United 
Kingdom 

4,7 

7,7 

40,4 

45,4 

56,9 

51,4 

15,3 

62,3 

0,2 

6,8 

12,4 

10,8 

8 

6,6 

17,7 

6,3 

10,4 

54,7 

61,1 

77,1 

68,7 

20,4 

84,7 

0,3 

9,6 

17,1 

14,6 

10,8 

8,8 

23,6 

7,9 

13 

68,4 

76,7 

96,4 

85,9 

25,6 

7,9 

13 

68,4 

76,7 

96,4 

85,9 

25,6 

7,9 

13 

68,4 

76,7 

96,4 

85,9 

25,6 

7,9 

13 

68,4 

76,7 

96,4 

85,9 

25,6 

7,9 

13 

68,4 

76,7 

96,4 

85,9 

25,6 

7,9 

13 

68,4 

76,7 

96,4 

85,9 

25,6 

106,6 

106,6 

106,6 

106,6 

106,6 

106,6 

0,4 

12,1 

21,3 

18,3 

13,6 

11,0 

29,5 

0,4 

12,1 

21,3 

18,3 

13,6 

11 

29,5 

0,4 

12,1 

21,3 

18,3 

13,6 

11 

29,5 

0,4 

12,1 

21,3 

18,3 

13,6 

11 

29,5 

0,4 

12,1 

21,3 

18,3 

13,6 

11 

29,5 

0,4 

12,1 

21,3 

18,3 

13,6 

11 

29,5 

". 

(3) 

The following row is added to Annex VI: 

Regulation (EC) No 1260/2001 

“Sugar  beet  and 
chicory  used  for 
the  production  of 
inuline syrup 

Payment  to  sugar  beet  growers  and 
producers  of  chicory  used  for  the 
production  of 
inuline  syrup  (as 
applied  according  to  Annex  VII, 
point K, to this Regulation)” 

EN 

57 

   EN 

 
 
 
 
 
 
 
 
 
(4) 

The following is added to Annex VII: 

"K.  Sugar beet and chicory 

Member States shall calculate the amount to be included in the reference amount of 
farmers by multiplying the average number of hectares under sugar beet or chicory 
used for the production of A or B sugar or inuline syrup and covered by a delivery 
contract concluded in accordance with Article 19 of Regulation (EC) No 1260/2001 
for  a  representative  period  of  one  or  more  marketing  years  as  from  the  marketing 
year  2000/2001,  to  be  determined  by  Member  States  in  accordance  with  objective 
and non-discriminatory criteria, by the relevant following amount: 

Member State 

2006 
EUR/hectare 
Sugar payments 

2007 and thereafter 
EUR/hectare 
Sugar payments 

BE 

DK 

DE 

EL 

ES 

FR (cont) 

IE 

IT 

NL 

AT 

PT (cont) 

FI 

SE 

UK 

CZ 

HU 

LV 

LT 

PL 

SK 

SI 

415.5 

323.7 

334.6 

404.6 

477.0 

396.4 

351.8 

321.6 

360.2 

420.7 

562.7 

255.3 

371.6 

422.3 

422.0 

403.7 

299.2 

231.6 

290.9 

352.6 

382.1 

716.0 

577.8 

600.7 

662.8 

761.5 

708.4 

576.3 

547.6 

634.4 

730.9 

921.7 

418.1 

608.6 

691.7 

670.4 

633.5 

469.2 

363.0 

467.7 

575.8 

625.8 

Where the totality of the amounts to be included in the reference amount of farmers 
calculated  in  accordance  with  the  first  paragraph  exceeds  the  limits  of  the  ceilings 
referred  to  in  the  table  hereafter  expressed  in  thousands  of  euros,  the  amounts  per 
farmer shall be reduced accordingly. 

EN 

58 

   EN 

 
Member State 

Belgium  

Czech Republic 

Denmark  

Germany  

Greece  

Spain  

France  

Hungary 

Ireland  

Italy  

Latvia 

Lithuania 

Netherlands  

Austria  

Poland 

Portugal  

Slovakia 

Slovenia 

Finland  

Sweden  

United Kingdom  

2006 

48 588 

27 849 

19 312 

154 780 

17 939 

60 267 

151 144 

25 433 

11 258 

79 854 

4 219 

6 547 

42 027 

18 929 

99 125 

3 939 

11 812 

2 993 

8 254 

20 807 

64 333 

(EUR ‘000) 

2007 and 
subsequent 

83 729 

44 245 

34 478 

277 946 

29 384 

96 203 

270 081 

39 912 

18 441 

135 994 

6 616 

10 260 

74 013 

32 891 

159 392 

6 452 

19 289 

4 902 

13 520 

34 082 

105 376 

EN 

59 

   EN 

 
 
 
(5) 

Annex VIII is replaced by the following: 

"ANNEX VIII 
National ceilings referred to in Article 41 

Member State 

2005 

2006 

2007, 2008  
and 2009 

(EUR ‘000) 

2010 and  
subsequent  

Belgium 

Denmark 

Germany 

Greece 

Spain 

France 

Ireland 

Italy 

Luxembourg 

Netherlands  

Austria 

Portugal 

Finland 

Sweden 

411 053 

943 369 

5 148 003 

838 289 

3 266 092 

7 199 000 

1 260 142 

2 539 000 

33 414 

386 586 

613 000 

452 000 

467 000 

637 388 

579 161 

1 015 477 

5 646 981 

1 719 228 

4 125 330 

7 382 144 

1 333 563 

3 544 371 

36 602 

428 613 

632 929 

496 939 

475 254 

670 915 

613 782 

1 030 478 

5 769 946 

1 752 673 

4 359 266 

8 361 081 

1 340 521 

3 599 994 

37 051 

853 599 

744 891 

565 452 

565 520 

763 082 

613 782 

1 030 478 

5 769 946 

1 752 673 

4 359 266 

8 361 081 

1 340 521 

3 599 994 

37 051 

853 599 

744 891 

565 452 

565 520 

763 082 

United Kingdom 

3 697 528 

3 934 753 

3 975 849 

3 975 849 

EN 

60 

   EN 

 
 
(6) 

Annex VIIIa is replaced by the following: 

"Annex VIIIa 
National ceilings referred to in Article 71c 

(EUR 1000)

Calendar 
year 

Czech 
Republic 

Estonia  Cyprus 

Latvia 

Lithuania Hungary  Malta 

Poland  Slovenia Slovakia 

2005 

228 800  23 400 

8 900

33 900

92 000

350 800

670 

724 600  35 800

97 700

2006 

294 549  27 300  12 500

43 819

113 847

445 633

830 

980 825  44 893

127 212

2007 

387 845  40 400  16 300

62 216

157 160

548 212

1 640  1 300 192  61 002

165 889

2008 

473 445  50 500  20 400

76 116

193 860

674 812

2 050  1 585 292  75 002

202 489

2009 

559 145  60 500  24 500

90 016

230 560

801 512

2 460  1 870 392  89 002

238 989

2010 

644 745  70 600  28 600

103 916

267 260

928 112

2 870  2 155 492  103 002

275 489

2011 

730 445  80 700  32 700

117 816

303 960 1 054 812

3 280  2 440 492  117 002

312 089

2012 

816 045  90 800  36 800

131 716

340 660 1 181 412

3 690  2 725 592  131 002

348 589

subsequent 
years 

901 745  100 900  40 900

145 616

377 360 1 308 112

4 100  3 010 692  145 102

385 189

". 

EN 

61 

   EN 

 
2005/0120 (CNS) 

Proposal for a 

COUNCIL REGULATION 

establishing a temporary scheme for the restructuring of the sugar industry in the 
European Community and amending Regulation (EC) No 1258/1999  
on the financing of the common agricultural policy 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 37 thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion from the European Parliament, 

Having regard to the opinion from the European Economic and Social Committee, 

Whereas: 

(1) 

Due  to  developments  within  the  Community  and  at  international  level  the  sugar 
industry in the Community is faced with structural problems which could seriously put 
at stake the competitiveness and even the viability of the industry as a whole. These 
problems  cannot  be  addressed  effectively  by  using  the  market  management 
instruments as provided for in the common market organisation (CMO) for sugar. To 
bring the Community system of sugar production and trading in line with international 
requirements  and  ensure  its  competitiveness  in  the  future  it  is  necessary  to  launch  a 
profound  restructuring  process  leading  to  a  significant  reduction  of  unprofitable 
production  capacity  in  the  Community.  To  this  end,  as  a  precondition  for  the 
implementation  of  a  functioning  new  common  market  organisation  for  sugar  a 
separate and autonomous temporary scheme for the restructuring of the sugar industry 
in the Community should be established. Under this scheme quotas should be reduced 
in a manner that takes account of the legitimate interests of the sugar industry, sugar 
beet and chicory growers and consumers in the Community. 

(2) 

A temporary restructuring fund should be set up in order to finance the restructuring 
measures  for  the  Community  sugar  industry.  For  reasons  of  sound  financial 
management the fund  should form part of the Guarantee Section of the EAGGF and 
thus  be  governed  by  the  procedures  and  mechanisms  of  Council  Regulation  (EC) 
No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy18. 

18 

OJ L 160, 26.6.1999, p. 103. 

EN 

62 

   EN 

 
                                                 
(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

Owing  to  the  fact  that  outermost  regions  are  currently  the  object  of  development 
programmes  aimed  at  improving  their  competitiveness  in  raw  sugar  production  and 
also produce raw cane sugar in competition with third countries, which are not subject 
to  the  temporary  restructuring  amount,  undertakings  in  outermost  regions  should  not 
fall under the scope of this regulation. 

The  restructuring  measures  provided  for  by  this  Regulation  should  be  financed  by 
raising  temporary  amounts  from  those  sugar,  isoglucose  and  inuline  syrup  producers 
which  will  eventually  benefit  from  the  restructuring  process.  As  this  amount  falls 
outside  the  scope  of  the  charges  traditionally  known  in  the  framework  of  the  sugar 
CMO,  the  proceeds  resulting  from  its  collection  should  be  considered  as  “assigned 
revenue”  as  provided  for  by  Council  Regulation  (EC,  Euratom)  No  1605/2002  of 
25 June  2002  on  the  Financial  Regulation  applicable  to  the  general  budget  of  the 
European Communities19. 

An important economic incentive for sugar undertakings with the lowest productivity 
to give up their quota production in the form of an adequate restructuring aid during a 
limited period should be introduced. To this effect, a restructuring aid should be set up 
that creates an incentive to abandon production and renounce the quotas concerned, at 
the  same  time  allowing  to  take  into  due  account  the  respect  of  social  and 
environmental  commitments  linked  to  the  abandon  of  production.  The  aid  should  be 
available during four marketing years with the aim to reduce production to the extent 
necessary to reach a balanced market situation in the Community. 

In  the  regions  most  concerned  by  the  restructuring  process  it  might  prove  to  be 
appropriate  to  encourage  the  development  of  alternatives  to  sugar  beet  growing  and 
sugar  production.  To  this  effect  Member  States  should  have  the  possibility  at  a  later 
stage  in  the  process  to  allocate  a  certain  part  of  the  money  available  from  the 
restructuring fund to diversification measures compatible with should be compatible in 
particular with the objectives of the structural funds. 

Full direct income support for sugar beet and chicory growers will only be available as 
from the marketing year 2007/2008. To adequately support growers that have to give 
up production already in the marketing year 2006/2007 due to the closure of factories 
they had supplied previously with sugar beet or chicory an additional payment to the 
growers concerned should be foreseen. 

The temporary restructuring fund will finance measures which due to the nature of the 
restructuring mechanism do not fall under the categories of expenditure referred to in 
Articles 1(2),  2  and  3  of  Regulation  (EC)  No  1258/1999.  It  is  therefore  necessary  to 
amend that Regulation accordingly, 

19 

OJ L 248 of 16.9.2002, p. 1. 

EN 

63 

   EN 

 
                                                 
HAS ADOPTED THIS REGULATION: 

Article 1 
Temporary restructuring fund 

1. 

2. 

3. 

This  Regulation  establishes  a  temporary  fund  for  the  restructuring  of  the  sugar 
industry 
to  hereinafter:  “temporary 
restructuring fund”). This regulation shall not apply to the outermost regions. 

the  European  Community  (referred 

in 

The  temporary  restructuring  fund  shall  form  part  of  the  Guarantee  Section  of  the 
EAGGF. 

The  fund  shall  finance  the  expenditure  resulting  from  the  measures  provided  for 
under Articles 3 and 4 of this Regulation. 

The  proceeds  resulting  from  the  collection  of  the  temporary  restructuring  amount 
referred to in Article 6 shall be revenue assigned to the temporary restructuring fund 
in accordance with Article 18(2) of Regulation (EC, Euratom) No 1605/2002. 

Any amounts that may be available in the fund after the financing of the expenditure 
referred to in paragraph 2 shall be assigned to the Guarantee Section of the EAGGF. 

Article 2 
Definitions 

For the purposes of this Regulation, the following definitions shall apply: 

(1) 

(2) 

“isoglucose” means the product obtained from glucose or its polymers with a content 
by weight in the dry state of at least 10 % fructose; 

“inuline  syrup”  means  the  immediate  product  obtained  by  hydrolysis  of  inuline  or 
oligofructoses,  containing  in  the  dry  state  at  least  10 %  fructose  in  free  form  or  as 
sucrose, and expressed as sugar/isoglucose equivalents; 

(3) 

“agreement within the trade” means one of the following: 

(a) 

(b) 

(c) 

an  agreement  concluded  at  Community  level,  prior  to  the  conclusion  of  any 
delivery  contract,  between  a  group  of  national  undertakings'  organisations  on 
the one hand and a group of national sellers' organisations on the other, 

an  agreement  concluded,  prior  to  the  conclusion  of  any  delivery  contract, 
between  undertakings  or  a  undertakings'  organisation  recognised  by  the 
Member State concerned on the one hand and a sellers' association recognised 
by the Member State concerned on the other, 

in  the  absence  of  any  agreement  as  referred  to  in  point  (a)  or  (b),  the  law  on 
companies and the law on cooperatives, in so far as they govern the delivery of 
sugar  beet  by  the  shareholders  or  members  of  a  company  or  cooperative 
manufacturing sugar, 

(d) 

in  the  absence  of  any  agreement  as  referred  to  in  point  (a)  or  (b),  the 
arrangements existing before the conclusion of any delivery contract, provided 

EN 

64 

   EN 

 
the  sellers  accepting  the  arrangement  supply  at  least  60 %  of  the  total  beet 
bought  by  the  undertaking  for  the  manufacture  of  sugar  in  one  or  more 
factories. 

Article 3 
Restructuring aid 

1. 

Any undertaking producing sugar, isoglucose or inuline syrup to which a quota has 
been  allocated  prior  to  the  application  of  this  Regulation  shall  be  entitled  to  a 
restructuring aid per tonne of quota renounced, provided that it abandons production 
during one of the marketing years 2006/2007, 2007/2008, 2008/2009 and 2009/2010. 
Abandonment of production during the marketing year 2005/2006 shall be deemed to 
have taken place in the marketing year 2006/2007. 

The  restructuring  aid  shall  be  paid  for  the  quantity  of  quota  renounced.  However, 
where  the  quantity  actually  produced  under  quota  in  the  factory  concerned  did  not 
reach the level of quota during one of the five marketing years preceding that of the 
closure of the factory, the restructuring aid shall be paid for the quantity effectively 
produced in the last marketing year prior to that closure.  

2. 

Abandonment of production shall require: 

(a) 

the renunciation of the relevant quota after consultations to be conducted in the 
framework of the relevant agreements within the trade, 

(b) 

the definitive and total stop of production in at least one factory, 

(c) 

(d) 

the closure of the factory or the factories concerned and the dismantling of the 
production facilities thereof, and 

the restoring of the good  environmental conditions of the factory site and the 
facilitation of redeployment of the workforce. 

3. 

Applications  for  restructuring  aid  shall  be  submitted  to  the  Member  State  by 
31 January of the year preceding the marketing year during which the production is 
to  be  abandoned  at  the  latest.  However,  applications  shall  be  submitted  by  31 July 
2006 at the latest for production to be abandoned in the marketing year 2006/2007.  

Applications for restructuring aid shall include:  

(a) 

a commitment to renounce the relevant quota; 

(b) 

a  commitment  to  abandon  definitively  and  totally  production  in  at  least  one 
factory  during  the  marketing  year  concerned.  The  marketing  year  2006/2007 
shall be deemed to be the following marketing year for applications submitted 
before 1 August 2006; 

(c) 

a commitment to meet the requirements provided for in paragraphs 2(c) and (d) 
within a period of time to be determined by the Member State. 

The respect of these commitments shall be subject to a decision granting the aid as 
referred to in paragraph 7. 

EN 

65 

   EN 

 
4. 

5. 

Restructuring  aid  shall  be  granted  exclusively  for  the  marketing  year  during  which 
the production is abandoned in accordance with paragraph 2(b). 

The amount of restructuring aid per tonne of renounced quota shall be set at: 

– 

– 

– 

– 

EUR 730 for the marketing year 2006/2007, 

EUR 625 for the marketing year 2007/2008, 

EUR 520 for the marketing year 2008/2009, 

EUR 420 for the marketing year 2009/2010. 

6. 

The restructuring aid shall be paid in two instalments: 

– 

– 

40% in June of the marketing year concerned and 

60% in February of the following marketing year. 

7. 

8. 

1. 

2. 

3. 

4. 

1. 

By the end of February preceding the marketing year concerned at the latest Member 
States shall decide on the granting of restructuring aid. However, the decision for the 
marketing year 2006/2007 shall be adopted by 31 August 2006 at the latest. 

In the marketing years 2008/2009 and 2009/2010, part of the restructuring aid may 
be earmarked for diversification measures in regions most affected by the measures 
under this Regulation. In the marketing year 2008/2009 the amount concerned shall 
not  exceed  20%  of  the  restructuring  aid.  In  the  marketing  year  2009/2010,  any 
remaining finance from the restructuring aid may be affected to these measures. 

Article 4 
Additional payment to sugar beet growers 

Sugar  beet  growers  shall  be  entitled  to  an  additional  payment,  provided  that  they 
have  ceased  the  delivery  of  sugar  beet  to  a  factory  that  has  abandoned  sugar 
production during the marketing year 2006/2007 in accordance with Article 3(1). 

Applications  for  additional  payments  shall  be  submitted  to  the  Member  State  by 
31 October 2006 at the latest. 

Member States shall pay additional payments in June 2007. 

The amount of additional payment shall be set at EUR 4,68 per tonne of the quantity 
of A and B sugar beet delivered under Regulation (EC) No 1260/2001 to the factory 
concerned during the last marketing year of production.  

Article 5 
Financial limits 

Restructuring aid  claimed for any  of  the marketing years referred to in Article 3(1) 
and additional payments, as provided for in Article 4, claimed for the marketing year 
2006/2007 shall only be granted within the limits of the appropriations available in 
the temporary restructuring fund for the marketing year concerned. 

EN 

66 

   EN 

 
Where,  on  the  basis  of  the  applications  submitted  for  a  marketing  year  and  found 
eligible by the Member State concerned, the overall amount of restructuring aid and 
additional  payments  related  thereto  to  be  granted  on  the  basis  of  the  quota  to  be 
renounced  exceeds  that  limit,  the  granting  of  restructuring  aid  and  additional 
payments for the marketing year concerned shall be based on the chronological order 
of  the  lodging  of  applications  for  restructuring  aid  (“first  come,  first  served” 
principle). 

Applications  that  have  been  excluded  from  the  benefit  from  restructuring  aid 
pursuant to paragraph 1 in respect of the marketing years 2006/2007, 2007/2008 or 
2008/2009  shall  be  taken  into  account  for  the  granting  of  aid  in  respect  of  the 
following marketing year. However, no additional payments shall be granted for any 
marketing year after 2006/2007. 

Article 6 
Temporary restructuring amount 

A  temporary  restructuring  amount  is  hereby  introduced  on  the  quotas  held  by  the 
undertakings producing sugar, isoglucose or inuline syrup during the marketing years 
2006/2007, 2007/2008 and 2008/2009. 

Quotas that have been renounced by an undertaking during a given marketing year in 
accordance  with  Article  3(2)(a)  shall  not  be  subject  to  the  payment  of  a  temporary 
restructuring  amount  for  the  marketing  year  concerned  and  subsequent  marketing 
years. 

2. 

1. 

2. 

The temporary restructuring amount shall be set at  

– 

– 

– 

EUR 126.40 per tonne of quota for the marketing year 2006/2007, 

EUR 91.00 per tonne for the marketing year 2007/2008 and 

EUR 64.50 per tonne for the marketing year 2008/2009. 

3. 

Member  States  shall  be  liable  to  the  Community  for  the  temporary  restructuring 
amount to be collected on their territory.  

Member  States  shall  pay  the  temporary  restructuring  amount  to  the  temporary 
restructuring fund in two instalments: 

– 

– 

60% by 31 March of the marketing year concerned at the latest and 

40% by 30 November of the following marketing year at the latest. 

4. 

If  the  temporary  restructuring  amount  is  not  paid  before  the  due  date,  the 
Commission shall, after consultation of the Committee of the European Agricultural 
Guidance and Guarantee Fund, deduct a sum equivalent to the unpaid restructuring 
amount from the monthly advances on the provision for expenditure effected by the 
Member  State  concerned,  referred  to  in  Article  5(1)  and  Article  7(2)  of  Regulation 
(EC)  No 1258/1999.  Before  taking  its  decision,  the  Commission  shall  give  the 
Member  States  the  opportunity  to  submit  its  observations  within  a  period  of  two 
weeks. The provisions of Article 14 of Council Regulation (EC) No 2040/2000 shall 
not apply. 

EN 

67 

   EN 

 
5. 

The  totality  of  the  temporary  restructuring  amounts  to  be  paid  in  accordance  with 
paragraph  3  shall  be  allocated  by  the  Member  State  among  the  undertakings  on  its 
territory according to the allocated quota during the marketing year concerned. 

Undertakings shall pay the temporary restructuring amounts in two instalments: 

– 

– 

60% by the end of February of the marketing year concerned at the latest, 

40% by 31 October of the following marketing year at the latest. 

Article 7 
Detailed rules 

Detailed  rules  for  the  implementation  of  this  Regulation  and,  in  particular  as  regards  the 
requirements provided for in Article 3(2) and the measures necessary to resolve transitional 
difficulties,  shall  be  adopted  in  accordance  with  the  procedure  referred  to  in  Article  13  of 
Regulation (EC) No 1258/1999.  

Article 8 
Specific measures 

Measures  which  are  both  necessary  and  justifiable  in  an  emergency,  in  order  to  resolve 
practical specific problems shall be adopted  in accordance  with the procedure referred to in 
Article 13 of Regulation (EC) No 1258/1999. 

Such measures may derogate from certain parts of this Regulation, but only to the extent that, 
and for such a period, as is strictly necessary. 

Article 9 
Amendments to Regulation (EC) No 1258/1999 

(1) 

Regulation (EC) No 1258/1999 is amended as follows: 

(a) 

In Article 1(2) the following point (f) is inserted: 

“(f) 

temporary  restructuring  aid  and  additional  payments  to  sugar  beet 
growers  provided  for  in  Articles  3  and  4  of  Regulation  (EC) 
No …../2005.” 

(b) 

In Article 3 the following paragraph is inserted: 

“(3a) temporary  restructuring  aid  and  additional  payments  to  sugar  beet 
growers provided for in Articles 3 and 4 of Regulation (EC) No …../2005 
granted  in  accordance  with  Community  rules  shall  be  financed  under 
Article 1(2)(f).” 

[(2) 

Regulation (EC) No ……./2005 is amended as follows: 

(a) 

In Article 3(1) the following is added: 

EN 

68 

   EN 

 
“(e)  temporary  restructuring  aid  and  additional  payments  to  sugar  beet 
growers provided for in Articles 3 and 4 of Regulation (EC) No …../2005 
granted in accordance with Community rules.” 

(b) 

In Article 34: 

– 

the following point (c) is added to paragraph 1: 

“(c) 

temporary  restructuring  amounts  to  be  collected  under  Regulation 
(EC) No ……/2005.” 

– 

in  paragraph  2  the  words  “The  amounts  referred  to  in  paragraph 1(a) 
and (b)” are replaced by “The amounts referred to in paragraph 1(a), (b) 
and (c)”. 

– 

the following is added: 

“(3)  The  provisions  of  this  Regulation  shall  apply  mutatis  mutandis  to 
assigned revenue referred to in paragraph 1 of this Article.”]∗ 

Article 10 
Entry into force 

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

It shall apply from the marketing year 2006/2007. 

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

Done at Brussels,  

For the Council 
The President 

∗ 

[Awaiting the adoption of the proposed Council Regulation (EC) No .…/2005 on the financing of the 
common agricultural policy.] 

EN 

69 

   EN 

 
 
 
                                                 
FINANCIAL STATEMENT 

1. 

BUDGET HEADING: (nomenclature 2006) 

110-112-115-116 
05 02 05 
05 03 01 
05 03 02 
TITLE: 
Council regulation on the common organisation of the markets in the sugar sector 

APPROPRIATIONS 
(PDB 2006): 
M Eur 556 
M Eur 1 498 
M Eur 16 375 
M Eur 18 118 

Council regulation amending Regulation (EC) No 1782/2003 establishing common rules for direct 
support schemes under the common agricultural policy and establishing certain support schemes for 
farmers  

Council regulation establishing a temporary scheme for the restructuring of the sugar industry in the 
European Community and amending Council Regulation (EC) n°1258/1999 on the financing of the 
common agricultural policy 

LEGAL BASIS: 
Articles 36 and 37 of the Treaty 
AIMS: 
Following the CAP reform of 2003, this proposal aims at : 
- improving the competitiveness of the sugar sector; 
- promoting the sustainability and market orientation of the sugar sector; 
- ensuring the restructuring of the sector in good conditions for the economic operators while respecting 
environmental criteria. 

2. 

3. 

4. 

5. 

FINANCIAL IMPLICATIONS 

5.0 

EXPENDITURE CHARGED TO THE EU 
BUDGET 

FINANCIAL 
YEAR 
2007 

FINANCIAL 
YEAR 
2008 

FINANCIAL 
YEAR 
2009 

(EUR million) 
-195 

(EUR million) 
52 

(EUR million) 
22 

5.1  REVENUE OWN RESOURCES OF THE EU 

232 

-324 

-334 

(see annex 1) 

5.0.1  EXPENDITURE CHARGED TO THE EU 

BUDGET 

5.1.1  REVENUE OWN RESOURCES OF THE EU
5.2  METHOD OF CALCULATION: 

See annex 2 

2010 
22 

-344 

2011 
11 

-344 

2012 
22 

-344 

2013 
22 

-344 

6.0  CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE 

RELEVANT CHAPTER OF THE CURRENT BUDGET? 

YES NO 

6.1  CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF 

THE CURRENT BUDGET? 

6.2  WILL A SUPPLEMENTARY BUDGET BE NECESSARY? 
6.3  WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? 
OBSERVATIONS: 
This proposal does not have any impact on staff and administrative expenditure managing this sector. 

YES NO 
YES NO 
YES NO 

EN 

70 

   EN 

 
 
 
 
 
 
 
 
 
 
 
  
  
 
 
 
 
 
 
 
 
 
 
FINANCIAL STATEMENT – ANNEX 1- : 

IMPACT ON THE REVENUE SIDE 

NAME OF THE PROPOSAL : 

1.  
Council regulation on the common organisation of the markets in the sugar sector 

2. 

BUDGET LINES : 

Chapter and Article : 
Chapter 11- article 110- sugar production levies 
Chapter 11- article 112 – isoglucose production levies 
Chapter 11- article 115 – production levy for inulin syrup 
Chapter  11-  article  116  –  additional  levies  provided  for  in  Council  Regulation 
(EEC) n°1107/88 

Amount budgeted for the year concerned (PDB 2006) : 
Chapter 11- article 110 : 547 M€ 
Chapter 11- article 112 : 7 M€ 
Chapter 11- article 115 : 2 M€ 
Chapter 11- article 116 : 0 M€ 

3. 

FINANCIAL IMPACT  

(cid:133) 

Proposal has no financial implications 

Proposal has no financial impact on expenditure but has a financial impact 

(cid:133) 
on revenue – the effect is as follows: 

Budget line 

Revenue1 

Article 110 

Impact on own resources 

Article 112 

Impact on own resources 

Article 115 

Impact on own resources 

Article 116 

Impact on own resources 

TOTAL 

Impact on own resources 

12 month period, 
starting 01/01/2007
240

-6

-2

0

232

(€ million) 

2008 

-320 

-2 

-2 

0 

-324 

1 Regarding traditional own resources (agricultural duties, sugar levies, customs duties)  the amounts 
indicated must be net amounts, i.e. gross amounts after deduction of 25 % of collection costs 

1 

71 

EN 

   EN 

 
 
 
 
 
 
 
 
 
  
 
 
 
 
                                                 
 
2009 

Situation following action 
2010 

2011 

2012 

2013 

Article 110 

-331

-341

-341

-341

-341 

Article 112 

Article 115 

Article 116 

-1

-2

0

-1

-2

0

-1

-2

0

-1

-2

0

-1 

-2 

0 

TOTAL 

-334

-344

-344

-344

-344 

4. 

ANTI-FRAUD MEASURES 

5. 

 OTHER REMARKS  

EN 

72 

   EN 

 
 
 
 
 
  
 
 
 
  
 
 
 
Restructuring scheme 
Cumulative balance (*)

1

2 -> revenues assigned to restructuring fund
3 temporary restructuring amount 

4 -> restructuring expenditure
5 restructuring aid 
6 additional payment to sugar beet growers 

ANNEXE 2

status quo

2007

2008

2009

2010

2011

2012

2013

812

1.937
1.937

1.125
1.010

115

359

1.313
1.313

1.765
1.765

0

665

876
876

571
571

0

227

0
0

438
438

0

11

0
0

217
217

0

0

0
0

0
0

0

0

0
0

0
0

0

(*) any amounts that may be available after the financing shall be assigned to EAGGF- section Guarantee-

status quo

2007

2008

2009

2010

2011

2012

2013

Market measures expenditure

7 Export refunds
8 Production refunds for chemical ind.
9 Aid for sugar refining

10 Direct aid (compensation 60%)
11 POSEI include
12
13
14 Securing refiners supply
15 Private storage scheme

Aid. DOM 
Direct aid (compensation 60%)

1.253 
223 
41 

18 

396 
22 
0 
880 
42 

15 
27 

p.m.
p.m.

30 
p.m.
0 
1.497 
60 

15 
45 

p.m.
p.m.

0 
p.m.
0 
1.497 
60 

15 
45 

p.m.
p.m.

0 
p.m.
0 
1.497 
60 

15 
45 

p.m.
p.m.

0 
p.m.
0 
1.497 
60 

15 
45 

p.m.
p.m.

0 
p.m.
0 
1.497 
60 

15 
45 

p.m.
p.m.

0 
p.m.
0 
1.497 
60 

15 
45 

p.m.
p.m.

16 TOTAL 1 
17 Impact on EAGGF

1.535 

1.340 
-195 

1.587 
52 

1.557 
22 

1.557 
22 

1.546 
11 

1.557 
22 

1.557 
22 

Revenue

18 production levies
19 one-off amount
20 production charge
21 surplus amount
22 TOTAL 2 
23 Impact on revenue

EN 

status quo

2007

2008

2009

2010

2011

2012

2013

498 

498 

0 
730 
0 
p.m.
730 
232 

0 
0 
174 
p.m.
174 
-324 

0 
0 
164 
p.m.
164 
-334 

0 
0 
154 
p.m.
154 
-344 

0 
0 
154 
p.m.
154 
-344 

0 
0 
154 
p.m.
154 
-344 

0 
0 
154 
p.m.
154 
-344 

73 
EN