Commission Regulation (EC) No 1542/2006 of 13 October 2006 amending Regulation (EC) No 493/2006 laying down transitional measures within the framework of the reform of the common organisation of the markets in the sugar sector
Date: 2006-10-13
Institutions: European Commission
Subjects: aid to agriculture, common organisation of markets, regulation of agricultural production, sugar

L 283/24

EN

Official Journal of the European Union

14.10.2006

COMMISSION REGULATION (EC) No 1542/2006

of 13 October 2006

amending Regulation (EC) No 493/2006 laying down transitional measures within the framework of
the reform of the common organisation of the markets in the sugar sector

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 markets in
the sugar sector (1), and in particular Article 44 thereof,

Whereas:

(1)

to improve

the market balance

In order
in the
Community without creating new stocks of sugar in
the 2006/07 marketing year, Article 3 of Commission
Regulation (EC) No 493/2006 of 27 March 2006 laying
down transitional measures within the framework of the
reform of the common organisation of the markets in
the sugar sector, and amending Regulations (EC) No
1265/2001 and (EC) No 314/2002 (2) provides for a
preventive withdrawal
to reduce eligible production
under quota in respect of that marketing year. Thus,
above a certain threshold, production under quota of
each undertaking is considered withdrawn or, at
the
request of
the undertaking, as produced in excess of
the quota. The thresholds are to be calculated on the
basis of the quotas set out in Annex III to Regulation
(EC) No 318/2006, as fixed when it was adopted. Article
10 of
the
Commission to adjust the quotas set out in Annex III
by 30 September 2006 at the latest. The result of such
adjustment will be to change the quotas and reduce
eligible production under quota. In order to limit the
effect to that intended by preventive withdrawal and to
avoid any ambiguity when applying this measure, the
reference to the quotas set out in Annex III to Regulation
(EC) No 318/2006 should be replaced by a reference to
the quotas annexed to Regulation (EC) No 493/2006.

the abovementioned Regulation requires

(3)

(4)

the detailed rules

and
produced in the French overseas departments
raw
equalising the price conditions with preferential
sugar (3). However,
laid down in
Article 2 of Regulation (EC) No 1554/2001 to establish
the flat-rate amount to cover the sea transport costs will,
as from 1 July 2006, no longer be applicable following
the decision of the United Terminal Sugar Market Asso-
ciation of London to cease setting the London Daily
Price. A flat-rate amount should therefore be set based
on the April to June 2006 average value, to be applied
during the period of application of the aid provided for
in Article 4 of Regulation (EC) No 493/2006.

The transitional quotas allocated in accordance with
the
Article 9 of Regulation (EC) No 493/2006 for
2006/07 marketing year may be used only if the under-
taking concerned has been able to change in time
investment decisions already taken; certain undertakings
have not been able to do so. The Member States should
therefore be allowed to reallocate to the undertakings
concerned the remainder of the transitional quotas as
transitional quotas for the 2007/08 marketing year.

the

year or

to undertakings

current marketing

Annex V to Regulation (EC) No 318/2006 sets out the
conditions for the allocation by the Member States of
resulting from a merger or
quotas
transfer. Depending on the date of such merger or
transfer, the measures will take effect either in respect
of
following
marketing year. Where merger or transfer takes place
between 1 July and 30 September 2006, provision
should be made to allow measures to take effect, at the
request of the undertakings concerned, in respect of the
2006/07 marketing year
than the following
marketing year, as provided for in Point V of the above-
mentioned Annex, in order to take account of the fact
that the 2006/07 marketing year commences on 1 July
rather than on 1 October, like the subsequent marketing
years.

rather

the

(2)

The transitional aid granted to sugar produced in the
French overseas departments under Article 4 of Regu-
lation (EC) No 493/2006 is to be subject to Commission
Regulation (EC) No 1554/2001 of 30 July 2001 laying
down detailed rules for the application of Council Regu-
lation (EC) No 1260/2001 as regards marketing sugar

(5)

Regulation (EC) No 493/2006 should therefore be
amended accordingly.

(6)

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

(1) OJ L 58, 28.2.2006, p. 1.
(2) OJ L 89, 28.3.2006, p. 11. Regulation as amended by Regulation

(EC) No 769/2006 (OJ L 134, 20.5.2006, p. 19).

(3) OJ L 205, 31.7.2001, p. 18. Regulation as amended by Regulation

(EC) No 1442/2002 (OJ L 212, 8.8.2002, p. 5).

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Official Journal of the European Union

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HAS ADOPTED THIS REGULATION:

Article 1

However, where the sum of the coefficients exceeds 1,0000,
the threshold shall be equal to the quota referred to in
paragraph 1.’;

Regulation (EC) No 493/2006 is hereby amended as follows:

2. The following subparagraph shall be added to Article 4(2):

1. In Article 3, paragraph 1 and 2 are replaced by the

following:

‘The flat-rate amount mentioned in Article 2(1)(b) of Regu-
lation (EC) No 1554/2001 is hereby fixed for the period
from 1 July to 30 October 2006 at EUR 34,19 per tonne.’;

‘1.
For each undertaking, the share of the production of
sugar, isoglucose or inulin syrup in the 2006/07 marketing
the quota allocated in
year which is produced under
accordance with the quotas laid down in Annex IV and
which exceeds the threshold established in accordance with
paragraph 2 of this Article shall be considered withdrawn
within the meaning of Article 19 of Regulation (EC) No
318/2006 or, at the request of the undertaking concerned
submitted before 31 January 2007, shall be considered fully
or partially to be produced in excess of the quota within the
meaning of Article 12 of that Regulation.

For each undertaking,

2.
the threshold mentioned in
paragraph 1 shall be calculated by multiplying its quota
mentioned in paragraph 1 by the sum of the following
coefficients:

(a)

the coefficient
Annex I;

laid down for

the Member State in

(b) the coefficient obtained by dividing the sum of

the
quotas renounced in the 2006/07 marketing year in
the Member State concerned under Article 3 of Regu-
lation (EC) No 320/2006 by the quota fixed for that
Member State in Annex IV to this Regulation. The
Commission shall fix this coefficient not later than 15
October 2006.

3. The following subparagraph is added to Article 9(1):

for a given undertaking,

‘Where,
the transitional quotas
allocated
in accordance with this paragraph exceed
production in respect of the 2006/07 marketing year, the
Member State may allocate to such an undertaking the
remainder of those quotas for the 2007/08 marketing year.’;

4. The following Article 10a is added to the end of Chapter I:

‘Article 10a

Merger or transfer of undertakings

By way of derogation from Point V of Annex V to Regu-
lation (EC) No 318/2006, where merger or transfer occurs
between 1 July and 30 September 2006,
the measures
mentioned in Points II and III of that that annex shall, at
the request of the undertakings concerned, take effect for the
2006/07 marketing year.’;

5. The Annex to this Regulation is added as Annex IV.

Article 2

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

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

Done at Brussels, 13 October 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

L 283/26

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Official Journal of the European Union

14.10.2006

ANNEX

‘ANNEX IV

(Quotas referred to in Article 3)

Member State or regions

(1)

Belgium

Czech Republic

Denmark

Germany

Greece

Spain

France (metropolitan)

France (Overseas Departments)

Ireland

Italy

Latvia

Lithuania

Hungary

Netherlands

Austria

Poland

Portugal (mainland)

Portugal (Azores)

Slovenia

Slovakia

Finland

Sweden

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

52 973

207 432

146 087

368 262

United Kingdom

1 138 627

Isoglucose

Inulin syrup

(3)

71 592

—

—

35 389

12 893

82 579

19 846

—

—

20 302

—

—

137 627

9 099

—

26 781

9 917

—

—

42 547

11 872

—

27 237

(4)

215 247

—

—

—

—

—

24 521

—

—

—

—

—

—

80 950

—

—

—

—

—

—

—

—

—’