Commission Regulation (EC) No 115/2007 of 7 February 2007 amending Regulation (EC) No 60/2004, as regards the assignment to the Community budget of the amounts charged for the quantities of surplus sugar not eliminated from the market
Date: 2007-02-07
Institutions: European Commission
Subjects: Member States' contribution, accession to the European Union, financing of the EU budget, own resources, sugar, surplus stock, transitional period (EU)

8.2.2007

EN

Official Journal of the European Union

L 35/5

COMMISSION REGULATION (EC) No 115/2007

of 7 February 2007

amending Regulation (EC) No 60/2004, as regards the assignment to the Community budget of the
amounts charged for the quantities of surplus sugar not eliminated from the market

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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

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

(4)

Whereas:

Pursuant to Article 6(3)(a) of Council Regulation (EC,
Euratom) No 1150/2000 of 22 May 2000 implementing
Decision 2000/597/EC, Euratom on the system of the
Communities' own resources (4) entitlements established
in accordance with Article 2 of that Regulation are to be
entered in the accounts for own resources at the latest on
the first working day after the 19th day of the second
month following the month during which the en-
titlement was established.

According to Article 7(1) of Regulation (EC) No 60/2004
the Member States concerned had to submit proof of
elimination to the Commission by 31 March 2006. In
certain cases however, it was necessary to request sup-
plementary information with regard to the proofs
submitted. Due to the delays in the arrival of such ad-
ditional
information and the time required for their
thorough analysis it was not possible to notify the
Member States concerned of the charges to be paid by
31 October 2006. Consequently,
in order to comply
with the rules laid down in Regulation (EC, Euratom)
No 1150/2000, the deadline set by Article 7(2) of Regu-
lation (EC) No 60/2004 for the payment of the first
instalment needs to be adjusted.

(1)

(2)

Pursuant to Article 7(2) of Commission Regulation (EC)
No 60/2004 of 14 January 2004 laying down tran-
sitional measures in the sugar sector by reason of the
accession of the Czech Republic, Estonia, Cyprus, Latvia,
Slovenia
Lithuania, Hungary, Malta,
and
Slovakia (1),
charged to those
the
Member States for the surplus quantities not eliminated
from the market in accordance with Article 6(2) of that
Regulation are to be assigned to the Community budget
in four equal instalments by 31 December at the latest of
each of the years 2006, 2007, 2008 and 2009.

amount

Poland,

to be

Commission Decision 2006/776/EC of 13 November
2006 on the amounts to be charged for the quantities
of surplus sugar not eliminated (2) fixed the amounts to
be charged per Member State for the quantities of surplus
sugar determined by Commission Regulation (EC) No
832/2005 of 31 May 2005 on the determination of
surplus quantities of sugar,
isoglucose and fructose for
the Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
Hungary, Malta, Poland, Slovenia and Slovakia (3)
for
which no adequate proof of elimination has been
provided by 31 March 2006.

(1) OJ L 9, 15.1.2004, p. 8. Regulation as last amended by Regulation

(EC) No 1667/2005 (OJ L 269, 14.10.2005, p. 3).

(2) OJ L 314, 15.11.2006, p. 35.
(3) OJ L 138, 1.6.2005, p. 3.

(5)

Regulation (EC) No 60/2004 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,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 7, paragraph 2 of Regulation (EC) No 60/2004 is
replaced by the following:

(4) OJ L 130, 31.5.2000, p. 1. Regulation as amended by Regulation

(EC, Euratom) No 2028/2004 (OJ L 352, 27.11.2004, p. 1).

L 35/6

EN

Official Journal of the European Union

8.2.2007

‘2.
In case the proof of elimination from the market is not
provided in accordance with paragraph 1, for a part or the
totality of the surplus quantity, the new Member State shall
be charged an amount equal to the quantity not eliminated
multiplied by the highest export refunds applicable to white
sugar falling within CN code 1701 99 10 during the period
from 1 May 2004 to 30 November 2005. A share equal to
25 % of
assigned to the
Community budget by 31 January 2007, 31 December
2007, 31 December 2008 and 31 December 2009 at the

shall be

amount

total

the

latest. The total amount shall be taken into account for the
calculation of the production levies for the marketing year
2005/06.’

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, 7 February 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission