Commission Regulation (EC) No 551/2007 of 22 May 2007 amending and correcting Regulation (EC) No 952/2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards the management of the Community market in sugar and the quota system
Date: 2007-05-22
Institutions: European Commission
Subjects: common organisation of markets, market supervision, prices policy, production quota, regulation of agricultural production, sugar industry

23.5.2007

EN

Official Journal of the European Union

L 131/7

COMMISSION REGULATION (EC) No 551/2007

of 22 May 2007

amending and correcting Regulation (EC) No 952/2006 laying down detailed rules for the
the
application of Council Regulation (EC) No 318/2006 as

the management of

regards

Community market in sugar and the quota system

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 40(1)(a), (b) and (d)
thereof,

Whereas:

(1)

including where the total

Article 6(3) of Commission Regulation (EC) No
952/2006 (2) defines the production of undertakings for
the purposes of the common organisation of the markets
in the sugar sector,
in the particular case where one
undertaking outsources production to another. This is
the principal under
deemed to be the production of
sugar
certain conditions,
production of the processor and the principal
is more
than the sum of their quotas. This provision needs to be
adapted in the light of Article 3 of Commission Regu-
lation (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 Commission Regulations (EC) No
1265/2001 and (EC) No 314/2002 (3), which provides
for a preventive withdrawal, applicable to the share of
the production under quota which exceeds the threshold
established in accordance with paragraph 2 of
that
Article. The aim of
to create an
incentive for sugar undertakings to reduce voluntarily
their production in the marketing year 2006/07. It is
also necessary to modify the definition of production
in Article 6(3)(b) of Regulation (EC) No 952/2006 so
it does not discourage producers from reducing
that
the
production. The definition of production for
marketing year 2006/07 should therefore concern the
sum of the preventive withdrawal thresholds instead of
the sum of quotas.

that measure is

(2)

Article 13(1) of Regulation (EC) No 952/2006 lays down
that the obligation of undertakings to establish monthly

(1) OJ L 58, 28.2.2006, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 247/2007 (OJ L 69, 9.3.2007,
p. 3).

(2) OJ L 178, 1.7.2006, p. 39.
(3) OJ L 89, 28.3.2006, p. 11. Regulation as last amended by Regu-

lation (EC) No 119/2007 (OJ L 37, 9.2.2007, p. 3).

(3)

(4)

(5)

prices concern quota sugar and non-quota sugar re-
spectively. However, this distinction is not relevant for
refiners, since their activity, which consists of refining
imported sugar,
is not dependent on the allocation of
quotas. The fact that the distinction between quota and
non-quota sugar does not apply to them needs to be
explicitly indicated, so as to avoid confusion.

For sugar for industrial uses, the price reporting system
established in accordance with Article 4 of Regulation
(EC) No 318/2006 should focus on transactions of a
minimum volume, since there is little interest in estab-
lishing a price indicator with regard to transactions
where the quantities are insignificant.
is therefore
appropriate to fix a minimum threshold for the appli-
cation of the requirement to establish and communicate
to the Commission the monthly average of purchase
prices.

It

The application of the transitional provisions on trans-
mission of price data to the Commission laid down in
Article 15 of Regulation (EC) No 952/2006 needs to be
extended until the first quarter of 2008 to allow for the
drawing up of a report on the operation of the system
followed by the implementation of a computerised
system.

for

and

to Articles 8(3)

The one-off amounts to be paid for additional sugar
isoglucose
quotas
quotas
supplementary
pursuant
and 9(3) of Regulation
(EC) No 318/2006 are part of the Communities' own
to Article 2(1)(a) of Council
resources pursuant
Decision 2000/597/EC, Euratom of 29 September
the European Communities'
2000 on the system of
own resources (4). The date of notification of
these
in order to
amounts to the debtor should be fixed,
determine the date of establishment of the Community's
entitlement in accordance with the second subparagraph
of Article 2(2) of Council Regulation (EC, Euratom) No
1150/2000 of 22 May 2000 implementing Decision
94/728/EC, Euratom on the system of the Communities'
own resources (5).

(4) OJ L 253, 7.10.2000, p. 42.
(5) 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).

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Official Journal of the European Union

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(6)

(7)

(8)

(9)

Pursuant to Article 16 of Regulation (EC) No 318/2006,
a production charge shall be levied each marketing year
from 2007/08 on the quota allocated for the marketing
year concerned. The production charge is part of the
Communities' own resources pursuant to Article 2(1)(a)
of Council Decision 2000/597/EC, Euratom. The date of
notification of these amounts to the debtor should be
fixed in order to determine the date of establishment
of the Community's entitlement in accordance with the
second subparagraph of Article 2(2) of Regulation (EC,
Euratom) No 1150/2000.

It
is necessary to correct Article 21(1) of Regulation
(EC) No 952/2006, which erroneously refers to Article
2(1) of
that Regulation where it should instead be
referred to Article 3(1).

Regulation (EC) No 952/2006 should therefore be
amended accordingly.

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

Regulation (EC) No 952/2006 is amended as follows:

1.

in the first subparagraph of Article 6(3), point (b) is replaced
by the following:

‘(b) the total sugar production of the processor and of the
principal is more than the sum of their quotas or, for the
marketing year 2006/07, the sum of the thresholds fixed
for them in accordance with Article 3(2) of Commission
Regulation (EC) No 493/2006 (*).

___________
(*) OJ L 89, 28.3.2006, p. 11.’;

2. Article 13 is amended as follows:

(a)

in paragraph 1, the following subparagraph is added:

3.

in Article 15, the first paragraph is replaced by the following:

‘Not later than 20 October 2006, 20 January 2007, 20 April
2007, 20 July 2007, 20 October 2007, 20 January 2008
and 20 April 2008, undertakings approved in accordance
with Articles 7 and 8 of this Regulation and processors
approved in accordance with Article 17(1) of Regulation
(EC) No 318/2006 shall communicate to the Commission
the prices established in accordance with Article 13(1) of this
Regulation during the previous three months.’

4. the title of Chapter V is replaced by the following:

‘CHAPTER V

QUOTAS AND PRODUCTION CHARGE’;

5.

in Article 18, the following paragraph 3 is added:

‘3. Member States shall communicate to the Commission
the deadline for the payment of the one-off amount referred
to in Article 8(4) of Regulation (EC) No 318/2006 within 10
working days of their decision on that deadline.

Member States
shall notify to each sugar undertaking
concerned the amount due at least one month before the
deadline referred to in the first subparagraph and on 31
January 2008 at the latest.’;

6.

in Article 19, the following paragraph 3 is added:

‘3. Member States shall communicate to the Commission
the deadline referred to in paragraph 2 within 10 working
days of their decision on that deadline.

Member States shall notify to each isoglucose undertaking
concerned the amounts due at least one month before the
deadline referred to in paragraph 2 and on 30 November of
the marketing year from which the quota is allocated at the
latest.’;

‘The distinction between quota sugar and non-quota
sugar does not apply for refiners.’;

7. the following Article 20a is inserted:

(b) the following paragraph 3 is added:

‘Article 20a

Production charge

‘3.
The provisions laid down in paragraphs 1 and 2
shall not apply to processors whose purchase of sugar
does not exceed 2 000 tonnes per calendar year.’;

From the marketing year 2007/08, Member States shall, on
31 January each year at the latest, notify to each approved
sugar and isoglucose producer the production charge to be
paid for the current marketing year.’;

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8.

in Article 21(1), the introductory phrase is replaced by the following:

‘Each approved manufacturer and refiner shall notify to the competent authority of the Member State in
which the production or refining took place, before the 20th of each month, the total quantities,
expressed as white sugar, of the sugars and syrups indicated in Article 3(1)(a), (b), (c) and (d):’.

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

Article 2

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

Done at Brussels, 22 May 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission