Commission Regulation (EC) No 967/2006 of  29 June 2006  laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards sugar production in excess of the quota
Date: 2006-06-29
Institutions: European Commission
Subjects: common organisation of markets, production quota, regulation of agricultural production, sugar, sugar product

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COMMISSION REGULATION (EC) No 967/2006

of 29 June 2006

laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards
sugar production in excess of the quota

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 318/2006 of
20 February 2006 on the common organisation of
the
sector (1), and in particular Articles
markets
13(2), 15(2) and 40(1)(c) and (2)(d) thereof,

in the sugar

Whereas:

(1)

(2)

(3)

(4)

Under Article 12 of Regulation (EC) No 318/2006,
production in excess of the quota may be used for the
processing of certain products, carried forward to the
next marketing year or used for the specific supply
arrangements for the outermost regions,
in accordance
with Council Regulation (EC) No 247/2006 laying down
specific measures for agriculture in the outermost regions
of the Union (2), or exported within certain limits.

Under Article 15 of Regulation (EC) No 318/2006, a
surplus amount is to be levied on quantities of surplus
sugar, surplus isoglucose and surplus inulin syrup not
carried forward or exported, or used for the specific
supply arrangements for the outermost regions, and on
industrial sugar, industrial isoglucose and industrial inulin
syrup for which no proof has been supplied, by a date to
be determined, that it has been processed into one of the
products referred to in Article 13(2) of that Regulation;
and on quantities withdrawn from the market
in
accordance with Article 19 of that Regulation and for
which the obligations provided for
in Article 19(3)
thereof are not met.

The levy should be fixed at a high level in order to avoid
the accumulation of quantities produced in excess of the
quota and likely to disrupt the market. A fixed amount,
equal to the level of full import duties on white sugar,
would appear appropriate to this end.

Certain provisions should be laid down for cases where
sugar, isoglucose or inulin syrup in excess of the quota
may be destroyed and/or become unrecoverable, and for

(1) OJ L 58, 28.2.2006, p. 1.
(2) OJ L 42, 14.2.2006, p. 1. Regulation as amended by Regulation (EC)

No 318/2006.

(5)

(6)

(7)

(8)

cases of force majeure making it impossible to use the
products as provided for in Article 12 of Regulation
(EC) No 318/2006.

Article 17 of Regulation (EC) No 318/2006 provides for
approval of undertakings processing sugar, isoglucose or
inulin syrup into one of the industrial products referred
to in Article 13(2) of that Regulation. The content of the
application for approval which processors must submit
the Member States
to the competent authorities of
should be specified. The commitments
these under-
takings must make in return for approval must be laid
down, in particular the obligation to keep an up-to-date
record of the quantities of raw materials entering, being
processed in and leaving the undertaking in the form of
processed products. To ensure that the arrangements for
industrial sugar, industrial isoglucose and industrial inulin
syrup operate correctly, provision must be made for the
imposition of penalties on processors who do not meet
their obligations or their commitments.

sugar,

industrial

the
Conditions should be laid down for the use of
industrial
isoglucose and industrial
inulin syrup referred in Article 12(a) of Regulation (EC)
No 318/2006 as regards, in particular, the contracts for
deliveries of raw materials between manufacturers and
processors, and the list of products referred to in that
point should be drawn up in accordance with Article
13(2) of
the
experience gained as regards supplies of sugar to the
chemicals and pharmaceutical industries.

taking into account

that Regulation,

To make the control system more effective, the use of
industrial sugar, industrial isoglucose and industrial inulin
syrup should be restricted to a direct sale between an
approved manufacturer and an approved processor.

To facilitate the use of industrial sugar and access to this
raw material by potential users, manufacturers should be
allowed to replace a quantity of their industrial sugar
with sugar produced by another manufacturer estab-
lished, if necessary, in another Member State. However,
this possibility should only be granted on condition that
additional checks on the quantities delivered and actually
used by industry are carried out correctly. The decision
on whether to grant this possibility must be left to the
discretion of the competent authorities of the Member
States concerned.

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(9)

isoglucose or inulin syrup is
To ensure that the sugar,
properly used, financial penalties must be laid down for
processors at a dissuasive level to avoid any risk of the
raw materials being used for other purposes.

(10) Under Article 14(1) of Regulation (EC) No 318/2006,
each undertaking may decide to carry forward all or
part of its production in excess of its sugar quota,
its
isoglucose quota or its inulin syrup quota to be treated as
part of the next marketing year’s production. Since a
sugar-producing undertaking may carry forward all of
its production in excess of the quota, the beet growers
concerned should be closely associated with the decision
to carry forward by means of an agreement within the
trade referred to in Article 6 of that Regulation.

(14)

(11)

Isoglucose is produced on an ongoing basis throughout
the year and is difficult to store. It should therefore be
laid down that the decision to carry forward may be
taken a posteriori by the isoglucose-producing under-
takings.

rules for the application of the system of import and
export licences and advance fixing certificates for agri-
cultural products (2) should be used as proof of export.
Member States
should carry out physical checks in
accordance with the rules laid down in Commission
Regulation (EC) No 2090/2002 laying down detailed
rules for applying Council Regulation (EEC) No 386/90
as regards physical checks carried out when agricultural
products qualifying for refunds are exported (3).

the

and

legal

sake of

transparency

clarity,
For
Commission Regulations
(EEC) No 2670/81 laying
down detailed implementing rules in respect of sugar
production in excess of the quota (4), (EEC) No 65/82
laying down detailed rules for carrying forward sugar
and (EC) No
to the
1265/2001 laying down detailed rules for the application
of Council Regulation (EC) No 1260/2001 as regards
the production refund on certain sugar
granting
industry (6) should be
products used in the chemical
repealed with effect from 1 July 2006.

following marketing year (5)

(12)

(13)

For the purposes of monitoring quantities and desti-
nations, it should be laid down that the sugar used in
the context of the specific supply arrangements for the
outermost regions must be the object of a direct sale
to the undertaking in the
from the manufacturer
outermost regions,
in accordance with the rules laid
down in Commission Regulation (EC) No 793/2006 of
12 April 2006 laying down certain detailed rules for
applying Council Regulation (EC) 247/2006 laying
down specific measures for agriculture in the outermost
regions of the Union (1). The proper application of the
two regimes requires close cooperation between the
authorities of the Member State in which the sugar is
produced who are responsible for managing surplus
sugar and the authorities in the outermost regions who
are
supply
arrangements.

for managing

responsible

specific

the

Export must be carried out under an export
licence
without refund issued in accordance with Article 23 of
Regulation (EC) No 318/2006 and,
for sugar, under
quotas to be opened by the Commission taking into
account
the
World Trade Organisation. For administrative reasons,
the export documents provided for in Commission Regu-
lation (EC) No 1291/2000 laying down common detailed

the Community’s

commitments under

(15)

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

HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE AND DEFINITIONS

Article 1

Scope

This Regulation lays down the conditions for the use or carry-
forward of quantities of sugar,
isoglucose and inulin syrup
produced in excess of the quota and the rules on the levy
charged on the surplus in accordance with Chapter 3 of Title
II of Regulation (EC) No 318/2006.

(2) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 410/2006 (OJ L 71, 10.3.2006, p. 7).

(3) OJ L 322, 27.11.2002, p. 4. Regulation as last amended by Regu-

lation (EC) No 1454/2004 (OJ L 269, 17.8.2004, p. 9).

(4) OJ L 262, 16.9.1981, p. 14. Regulation as last amended by Regu-

lation (EC) No 95/2002 (OJ L 17, 19.1.2002, p. 37).

(5) OJ L 9, 14.1.1982, p. 14. Regulation as last amended by Regulation

(EC) No 2223/2000 (OJ L 253, 7.10.2000, p. 15).

(1) OJ L 145, 31.5.2006, p. 1. Regulation as amended by Regulation

(6) OJ L 178, 30.6.2001, p. 63. Regulation as amended by Regulation

(EC) No 852/2006 (OJ L 158, 10.6.2006, p. 9).

(EC) No 493/2006 (OJ L 89, 28.3.2006, p. 11).

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Article 2

Definitions

For the purposes of this Regulation:

(a)

‘raw material’ means sugar, isoglucose or inulin syrup;

(b) ‘industrial raw material’ means industrial sugar,

isoglucose or
Article 2(6) and (7) of Regulation (EC) No 318/2006;

industrial

industrial
inulin syrup as referred to in

(c)

‘manufacturer’ means
raw
materials, approved in accordance with Article 17 of Regu-
lation (EC) No 318/2006;

an undertaking producing

(d) ‘processor’ means an undertaking processing the

raw
material
into one or more of the products referred to in
the Annex, approved in accordance with Article 5 of this
Regulation.

Article 4

Surplus subject to levy

The levy shall be charged to manufacturers in respect of
their quota for a given

1.
the surplus produced in excess of
marketing year.

However,
referred to in paragraph 1 which have been:

the levy shall not be charged on the quantities

(a) delivered to a processor before 30 November of

the
following marketing year to be used in the manufacture
of the products referred to in the Annex;

(b) carried forward in accordance with Article 14 of Regulation
(EC) No 318/2006 and, in the case of sugar, stored by the
manufacturer until the last day of the marketing year in
question;

(c) delivered before 31 December of the following marketing
year in the context of the specific supply arrangements for
the outermost regions provided for in Title II of Regulation
(EC) No 247/2006;

Quantities of raw materials and of industrial raw materials shall
be expressed in tonnes of white sugar equivalent or in tonnes of
dry matter in the case of isoglucose.

(d) exported before 31 December of the following marketing

year under an export licence;

CHAPTER II

LEVY

Article 3

Amount

The levy provided for in Article 15 of Regulation (EC)

1.
No 318/2006 shall be EUR 500 per tonne.

(e) destroyed or damaged without possibility of recovery,

in
circumstances recognised by the competent authority of
the Member State concerned.

2.
Sugar manufacturers shall communicate to the competent
authority of the Member State which approved them, before
1 February of the marketing year concerned, the quantity of
sugar produced in excess of their production quota.

Before 1 May following the marketing year in which the
2.
surplus has been produced,
the Member State shall notify
manufacturers of the total levy to be paid. This amount shall
be paid by the manufacturers in question before 1 June of the
same year.

Sugar manufacturers shall also communicate, where appro-
priate, before the end of each of the following months, the
adjustments to this production made in the course of
the
previous month of that marketing year.

3.
The quantity on which the levy has been paid shall be
considered to have been disposed of on the Community market.

3.
The Member States shall establish and communicate to the
Commission, not later than 30 June, the quantities referred to in
the second subparagraph of paragraph 1, the total surplus quan-
tities and the levies charged for the previous marketing year.

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If, in cases of force majeure, the operations referred to in
4.
paragraph 1(a),
(c) and (d) cannot be carried out within the
given deadlines, the competent authority of the Member State
on whose territory the surplus sugar, isoglucose or inulin syrup
was produced shall adopt measures appropriate to the circum-
stances cited by the party concerned.

Approval shall be granted for the production of one or
3.
more specific products. It shall be withdrawn if it is found that
one of the conditions listed in paragraph 1 is no longer met.
Approval may be withdrawn in the course of a marketing year.
It shall not have retroactive effect.

CHAPTER III

INDUSTRIAL USE

Article 5

Approvals

The competent authorities of

the Member States shall
1.
to undertakings which have the
grant approval on request
capacity to use the industrial raw material for the purposes of
manufacturing one of the products referred to in the Annex and
which undertake, in particular, to:

(a) keep records in accordance with Article 11;

(b) provide on request by these authorities any information or
supporting documents needed for checking the origin and
use made of the raw materials concerned;

Article 6

Delivery contracts

1.
The industrial raw materials shall be the subject of the
delivery contract referred in Article 13(1) of Regulation (EC)
No 318/2006 between a manufacturer and a processor who
guarantee their use in the Community for the purposes of
manufacturing the products listed in the Annex to this Regu-
lation.

The delivery contract for industrial raw materials shall

2.
include at least the following:

(a)

the names,
contracting parties;

addresses

and approval numbers of

the

(b) the duration of the contract and the quantities of each of
the raw materials to be delivered per delivery period;

(c) allow these authorities to carry out appropriate adminis-

trative and physical checks.

(c)

the prices, qualities and all conditions applicable to the
delivery of raw materials;

for

approval

Applications

2.
indicate production
capacity and the technical processing coefficients for the raw
materials, and shall give a precise description of the product to
be manufactured. The data shall be broken down by industrial
site.

shall

(d) the manufacturer’s undertaking to deliver a raw material
from its production in excess of the quota and the under-
taking by the processor to use the quantities delivered exclu-
sively to produce one or more of the products covered by
its approval.

The competent authorities of the Member States shall take the
necessary steps
the technical
to verify the plausibility of
processing coefficients for the raw materials.

3.
If the manufacturer and the processor form part of the
same undertaking, that undertaking shall draw up a pro forma
specified in
containing all
delivery
paragraph 2 except for the prices.

contract

entries

the

The coefficients shall be established on the basis of tests carried
out in the processor’s undertaking. If there are no coefficients
specific to that undertaking, the check shall rely on the coeffi-
cients laid down in Community legislation or, if there are no
such coefficients, on those generally accepted by the processing
industry concerned.

4.
The manufacturer shall send the competent authorities of
the Member State which approved the processor in question a
copy of each contract, before the first delivery under that
contract. The copy need not show the prices referred to in
paragraph 2(c).

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Article 7

Equivalence

From the

start of each marketing year until

1.
their
production reaches their quota manufacturers may, under the
delivery contracts referred to in Article 6, replace the industrial
raw material with raw material produced under quota.

shall

supply proof,

to the satisfaction of

Before the end of the fifth month following each delivery,
2.
processors
the
competent authorities of the Member State, of the use of the
industrial raw materials for the purposes of manufacturing the
products in accordance with the approval referred to in Article
5 and the delivery contract referred to in Article 6. This proof
shall consist of
the computerised recording in the records
during or at the end of the manufacturing process of the quan-
tities of the products concerned.

2.
At the request of the manufacturer concerned, the raw
material produced under quota delivered in accordance with
paragraph 1 shall be entered in the accounts as industrial raw
material delivered to a processor as provided for in point (a) of
the second subparagraph of Article 4(1) for the same marketing
year.

3.
If processors have not supplied proof in accordance with
paragraph 2, they shall pay a sum of EUR 5 per tonne of the
delivery concerned and for each day of delay from the end of
the fifth month following the delivery.

3.
At the request of those concerned, the competent autho-
rities of the Member States may permit a quantity of sugar
produced in the Community by another manufacturer to be
delivered in place of industrial sugar. In this case, the sugar
delivered shall be entered in the accounts as industrial sugar
delivered to a processor as provided for in point (a) of the
second subparagraph of Article 4(1) for the same marketing
year.

4.
If processors have not supplied the proof referred to in
paragraph 2 before the end of the seventh month following
each delivery, the quantity concerned shall be considered to
be overdeclared for the purposes of applying Article 13. The
processor’s approval shall be withdrawn for a period of between
three and six months depending on the seriousness of
the
situation.

The competent authorities of the Member States concerned shall
coordinate checks and monitoring of these operations.

Communications from the Member States

The Member States shall communicate to the Commission:

Article 10

Article 8

Delivery of raw materials

Based on the delivery notes referred to in Article 9(1), manu-
facturers shall communicate each month to the competent
authority of the Member State which approved them the quan-
tities of raw materials delivered the previous month under each
the
the delivery contracts indicating, where appropriate,
of
quantities delivered in accordance with Article 7(1) or (3).

(a) not later than the end of the month following the month
raw material

the quantity of

the industrial

concerned,
delivered;

(b) not

later than the end of November for

the previous

marketing year:

The quantities referred to in the first subparagraph shall be
considered to have been delivered in accordance with point
(a) of the second subparagraph of Article 4(1).

— the quantity of industrial raw material delivered, broken
down into white sugar, raw sugar, sugar syrup and
isoglucose,

Article 9

Obligations on processors

— the quantity of industrial raw material delivered used,
broken down into white sugar, raw sugar, sugar syrup
and isoglucose, on the one hand, and into the products
referred to in the Annex on the other,

1.
For each delivery, the processor shall submit to the manu-
facturer concerned a delivery note for industrial raw materials
under the delivery contract referred to in Article 6, certifying
the quantities delivered.

— the quantities delivered pursuant to Article 7(3).

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Article 11

Processor’s records

Every on-the-spot check shall be the subject of an
3.
inspection report signed by the inspector giving the details of
the checks carried out. Reports shall indicate in particular:

The competent authority of the Member State shall specify the
records to be kept by processors and the frequency of such
record-keeping, which shall be at least monthly.

(a)

the date of the check, and the persons present;

These records, which shall be kept by the processor for at least
the three years following the current year, shall comprise at
least the following information:

(b) the period checked and the quantities involved;

(a)

the quantities of the different raw materials purchased for
processing;

(b) the quantities of raw materials processed and the quantities
and types of end products, co-products and by-products
obtained therefrom;

(c)

the wastage during processing;

(d) the

quantities destroyed and the

reasons

for

such

destruction;

(e)

the quantities and types of products sold or transferred by
the processor.

Article 12

Checks on processors

Each marketing year,

the
1.
Member States shall carry out checks on at
least 50 % of
approved processors, selected on the basis of a risk analysis.

the competent authorities of

examination of

The checks shall comprise analysis of

the processing
2.
and
chain,
physical checks on stocks to ensure that
the raw materials
delivered correspond to the end products, co-products and
by-products obtained.

commercial documents,

the

checks

shall verify the

the measuring
The
instruments and laboratory analyses used to determine deliveries
of raw materials and their entry into production, the products
obtained and stock movements.

accuracy of

Where the competent authorities of the Member States provide
that particular elements of the check may be carried out on the
basis of a sample, that sample shall guarantee a reliable and
representative level of control.

(c)

the checking techniques used including, where applicable,
reference to sampling methods;

(d) the results of the check and the recommendations made;

(e) an assessment of the seriousness, extent, permanence and
duration of any faults and discrepancies found and all other
elements to be taken into consideration for the purposes of
applying penalties.

Each inspection report shall be archived and kept for at least
three years following the year in which the check is carried out,
readily useable by the
in a way that ensures
and
Commission
inspections.

is
responsible

departments

checks

that

for

it

Article 13

Penalties

1.
If the competent authority of the Member State detects a
discrepancy between the physical stock, the stock registered in
the records and deliveries of raw materials, or the absence of
supporting documents to ensure consistency between these
elements, the processor’s approval shall be withdrawn for a
period to be determined by the Member States, which may
not be less than three months from the date of the finding.
During the period of withdrawal of approval, the processor may
not take delivery of industrial raw material, but may use any
industrial raw material delivered previously.

In the event of overdeclaration of the quantities of raw materials
used, the processor shall be required to pay a sum of EUR 500
per tonne overdeclared.

2.
Approval shall not be withdrawn in accordance with
paragraph 1 where the discrepancy between the physical stock
and the stock registered in the stock records is due to force
majeure or if it is less than 5 % in weight of the quantity of
raw materials checked or due to omissions or simple adminis-
trative errors, provided that corrective measures are taken to
ensure that similar errors do not recur.

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CHAPTER IV

CARRY FORWARD

Article 14

Quantities carried forward

Manufacturers may, under Article 14 of Regulation (EC) No
318/2006,
carry forward to the next marketing year a
quantity of raw material equal to or less than the surplus,
compared to the quota allocated, of total production in that
year, including the quantities previously carried forward to the
current marketing year in accordance with that Article or
withdrawn from the market in accordance with Article 19 of
that Regulation.

Article 15

Carry-forward of sugar

1.
The conditions for carrying forward sugar in accordance
with Article 14 of Regulation (EC) No 318/2006 shall be laid
down by an agreement within the trade as referred to in Article
6 of that Regulation and shall concern in particular the quantity
of beet corresponding to the quantity of sugar to be carried
this quantity among beet
forward and the breakdown of
producers.

2.
Beet which corresponds to the quantity of sugar carried
forward shall be paid for by the undertaking in question at a
price which is at least equal to the minimum price and under
the terms applicable to beet delivered as part of the quota
is
production of
carried forward.

to which the sugar

the marketing year

Article 16

Carry-forward of isoglucose

Isoglucose manufacturers which decide to carry forward in a
particular marketing year shall communicate their decision to
the competent authorities of the Member State which approved
them by 31 October of the following marketing year.

Article 17

Communications from the Member States

Member States shall communicate the following information to
the Commission:

(a) not later than 1 May, the quantities of beet sugar and inulin
syrup from the current marketing year to be carried forward
to the next marketing year;

(b) not later than 15 July, the quantities of cane sugar from the
current marketing year to be carried forward to the next
marketing year;

(c) not later than 15 November, the quantities of isoglucose

carried forward from the previous marketing year.

CHAPTER V

SPECIFIC SUPPLY ARRANGEMENTS AND EXPORT

Article 18

Outermost regions

Surplus raw materials used for the purposes of the specific
1.
supply arrangements for the outermost regions in accordance
with Article 12(c) of Regulation (EC) No 318/2006 and within
the quantitative limits set in the programmes referred to in
Article 24(1) of Regulation (EC) No 247/2006 shall be the
subject of a contract of direct sale from the manufacturer
which produced them to an operator entered in one of the
registers
to in Article 9 of Regulation (EC)
No 793/2006.

referred

The contract referred to in paragraph 1 shall provide in

2.
particular for the transmission between the parties of:

(a) a statement by the manufacturer of the quantity of surplus

raw materials delivered under the contract; and

(b) a statement by the operator concerned that the quantity in
the specific supply

question has been delivered under
arrangements.

For surplus raw materials, the application for the aid certificate
referred to in Article 7(4) of Regulation (EC) No 793/2006 shall
be accompanied by the statement by the producer referred to in
paragraph 2(a) of this Article. Box 20 of the aid certificate shall
contain the entry ‘C sugar: no aid’ as referred to in Part F of
Annex I to Regulation (EC) No 793/2006.

The competent authorities who issued the aid certificate shall
send a copy of that certificate to the competent authorities of
the Member State in which the manufacturer was approved.

The quantities of raw materials for which the manufacturer
presents the statement referred to in paragraph 2(b), and for
which the Member State concerned has copies of the aid certi-
ficate, shall be considered to have been delivered under the
specific supply arrangements, as provided for in point (c) of
the second subparagraph of Article 4(1).

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Article 19

Export

(a)

for the levy referred to in Article 3, on the first day of the
marketing year in which the surplus was produced;

1.
The export licences referred to in point (d) of the second
subparagraph of Article 4(1) shall be issued within the quanti-
tative limits on export without
refund to be set by the
Commission in accordance with the procedure referred to in
Article 39(2) of Regulation (EC) No 318/2006.

(b) for the amounts to be paid as referred to in Article 9(3) and
Article 13(1), on the first day of the month in which they
apply.

Surplus quantities

2.
shall be considered to have been
exported within the meaning of point (d) of the second subpar-
agraph of Article 4(1) of this Regulation where:

Article 21

(a)

the product has been exported without refund as white
sugar, unprocessed isoglucose or unprocessed inulin syrup;

(b) the Member State of export has accepted the relevant export
declaration before 1 January following the end of
the
marketing year during which the surplus raw material was
produced;

(c)

the manufacturer has submitted to the competent authority
of the Member State, before 1 April following the marketing
year in which the surplus was produced:

Checks and national implementing measures

1. Member States shall carry out physical checks on at least
5 % of:

(a)

the quantities of sugar carried forward as referred to in
Article 14;

(b) the quantities of raw materials delivered in the context of
the specific supply arrangements for the outermost regions
referred to in Article 18;

(i)

the export
licence issued to it
Article 23 of Regulation (EC) No 318/2006;

in accordance with

(c)

export declarations

the
referred to in Article 19 in
accordance with the detailed rules laid down in Regulation
(EC) No 2090/2002.

(ii)

the documents referred to in Articles 32 and 33 of
Regulation (EC) No 1291/2000 required to release the
guarantee;

(iii) a statement

the quantities exported have been
that
the surplus quantities
entered in the accounts as
referred to in point (d) of the second subparagraph of
Article 4(1) of this Regulation.

CHAPTER VI

GENERAL AND FINAL PROVISIONS

Article 20

Exchange rate

In the Member States which have not adopted the euro, the
exchange rate to be used is the exchange rate applicable:

2. Member States shall send the Commission not later than
30 March following the marketing year concerned an annual
report showing the number of checks carried out, in particular
those referred to in paragraph 1 of this Article and in Article
12, specifying,
the number of
for each check carried out,
significant and insignificant deficiencies found and the action
taken and penalties applied.

3.
The Member States shall adopt all measures necessary to
ensure that this Regulation is applied properly and may impose
appropriate national penalties on operators involved in the
procedure.

4.
The Member States shall assist one another to ensure
effective controls, and to ensure the check on the authenticity
of documents
the data
exchanged.

submitted and/or

the accuracy of

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EN

Official Journal of the European Union

30.6.2006

Article 22

Repeal

Article 23

Entry into force

Regulations (EEC) No 65/82, (EEC) No 2670/81 and (EC) No
1265/2001 are hereby repealed with effect from 1 July 2006.

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

Regulations (EEC) No 2670/81 and (EC) No 1265/2001 will,
however, continue to apply to production in the 2005/06
marketing year.

It shall apply from 1 July 2006.

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

Done at Brussels, 29 June 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

30.6.2006

EN

Official Journal of the European Union

L 176/31

ANNEX

CN code

Description of goods

1302 32

– – Mucilages and thickeners, whether or not modified, derived from locust beans, locust bean seeds

or guar seeds:

1302 39 00

– – Other

ex 1702 60 95

– – Syrups for spreading and for the production of rinse applestroop

2102 10

– Active yeasts

ex 2102 20

– – Inactive yeasts

2207 10 00

– Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher (bioethanol)

ex 2207 20 00

– Ethyl alcohol, denatured, of any strength (bioethanol)

ex 2208 40

– Rum

ex 2309 90

– Products with a dry matter content of not less than 60 % lysine

29

Organic chemical products excluding products of subheadings 2905 43 00 and 2905 44

3002 90 50

– – Cultures of micro-organisms

3003

3004

Medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of two or more consti-
tuents which have been mixed together for therapeutic or prophylactic uses, not put up in measured
doses or in forms or packings for retail sale

Medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of mixed or unmixed
products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for
retail sale

3006

Pharmaceutical goods specified in note 4 to chapter 30 of the combined nomenclature

3203 00 90

– Colouring matter of vegetable or animal origin and preparations based thereon

ex 3204

– Synthetic organic colouring matter and preparations as specified in note 3 to chapter 32 of the

combined nomenclature based thereon

ex 35

ex 38

ex 39

Albuminoidal substances; modified starches; glues; enzymes, excluding products falling within
heading 3501 and subheadings 3505 10 10, 3505 10 90 and 3505 20

Miscellaneous chemical products except those of headings 3809 60 and 3824 60 00

Plastics and articles thereof:

3901 to 3914 – Primary forms

ex 6809

Articles of plaster or of compositions based on plaster
– boards, sheets, panels, tiles and similar articles