CELEX: 31968R2100
Language: en
Date: 1968-12-20
Title: Regulation (EEC) No 2100/68 of the Council of 20 December 1968 amending Regulation No 1009/67/EEC on the common organisation of the market in sugar

594                                    Official Journal of the European Communities
 No L 309/4                             Official Journal of the European Communities                             24.12.68
                                REGULATION (EEC) No 2100/68 OF THE COUNCIL
                                                     of 20 December 1968
                amending Regulation No 1009/67/EEC on the common organisation of the market
                                                            in sugar
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         Whereas Article 17 ( 1 ) of Regulation No 1009/67/
                                                                   EEC provides for an export refund to be granted on
                                                                   white sugar, raw sugar and certain syrups falling
  Having regard to the Treaty establishing the                     within headings nos 17.02 and 17.05 of the Common
  European Economic Community, and in particular                   Customs Tariff, exported in the natural §tate or
  Article 43 thereof;                                              in the form of goods listed in the Annex to that
                                                                   Regulation; whereas Article 5 ( 1 ) of Council Regula­
                                                                   tion (EEC) No 765/683 of 18 June 1968 laying down
  Having regard to the proposal from the Commission ;              general rules for the production refund on sugar
                                                                   used in the chemical industry fixed the production
  Having regard to the Opinion of the European                     refund for 100 kilogrammes of white sugar used in
  Parliament1;                                                      the manufacture of the products listed in Annex 1
                                                                   to that Regulation, and in particular in the manu­
  Whereas Article 8 of Council Regulation No 1009/67/              facture of mannitol, sorbitol and certain of their
  EEC2 of 18 December 1967 on the common organis­                  derivatives, at an amount equal to the intervention
  ation of the market in sugar provides for the reim­              price valid for the area in which the sugar is
  bursement of storage costs for white sugar and raw               processed, less 13-30 units of account; whereas the
  sugar; whereas in some instances sugar manufacturers             world market price for sugar is normally much lower
  process . beet into an intermediate liquid product,              than 13-30 units of account per 100 kilogrammes ;
  known as syrup, which can be stored; whereas this                whereas provision should therefore be made for the
  syrup is ultimately processed into white sugar;                  possibility of granting an export refund not only on
  whereas this . sugar is normally disposed of as and              mannitol and sorbitol, as provided in Regulation
• when it is manufactured so that, although it is                  No 1009/67/EEC, but also on their derivatives;
  subject to the payment of the levy charged under                 whereas the Annex to that Regulation should
  the arrangements to offset storage costs, it derives              therefore be amended accordingly;
  little benefit from the reimbursement of these costs ;
  whereas in these circumstances reimbursement of                  Whereas active natural bakers' yeasts are the only
  storage costs should be extended to the syrup                    products falling within heading No 21.06 of the
  mentioned above;                                                  Common Customs Tariff which are. obtained from
                                                                   molasses ; whereas that Annex should therefore be
  Whereas     detailed  rules    are     necessary   for  the       amended accordingly;
  application of Article 27- of Regulation No 1009/67/
  EEC, in particular with regard to the dates on which             Whereas, in view of the amendments made to the
  the levy provided for falls due;                                  nomenclature of the Common Customs Tariff, a new
                                                                    version of that Annex should be prepared ;
  Whereas in the French departments of Guadeloupe
  and Martinique the manufacturing period for sugar
                                                                    HAS ADOPTED THIS REGULATION :
  begins in January and finishes towards the end of
  June ; whereas it is therefore necessary in respect of
  these departments to specify dates other than those                                      Article 1
  specified in Article 32 of Regulation No 1009/67/
   EEC for the carry-forward from one marketing year                The following shall be substituted for Article 8 ( 1 )
   to the next;                                                     of Regulation No 1009/67/EEC:
   1 OJ No C 135 , 14.12.1968 , p. 18 .
   2 OJ No 308, 18.12.1967, p. 1 .                                  3 OJ No L 143 , 25.6.1968 , p. 1 .
 ---pagebreak---                                   Official Journal of the European Communities                                  595
    '1 Subject to the provisions of Article 32 (2),              'As far as factories or undertakings situated in
    storage costs for white sugar, raw sugar, and                the French departments of Guadeloupe and
    certain syrups produced prior to the crystallising           Martinique are concerned, however, 1 February
    stage, manufactured from beet or cane harvested              in the first indent of the first subparagraph shall
    in the Community, shall , be reimbursed at a flat            be replaced by 1 May and the period 1 February
    rate by the Member States.                                   to 31 January of the following year in the
                                                                 second indent of the same subparagraph shall be
    Member States shall charge a levy on each sugar              replaced by 1 May to 30 April of the following
    manufacturer per unit of weight of sugar                     yeaj. If final production for the marketing year
    produced.                                                    in question falls short of the estimates made
                                                                 when the decision to carry forward was taken,
    The amount of the reimbursement shall be the                 the quantity carried forward may be adjusted
    same for the whole Community. The same rule                  retroactively before 1 August of the following
                                                                 marketing year.'
    shall apply to the levy.'
                        Article 2
                                                                                     Article 4
1 . The second subparagraph of Article 27 (2) of
Regulation No 1009/67/EEC is hereby repealed.                The text of the Annex to this Regulation shall be
                                                             substituted for that of the Annex to Regulation
                                                             No 1009/67/EEC.
2. The following paragraph 5 shall be added to
Article 27 of Regulation No 1009/67/EEC :
    '5 Detailed rules for the application of this                                    Article 5
    Article shall be adopted in accordance with the
    procedure laid down in Article 40.'                      1 . This Regulation shall enter into force on the
                                                             third day following its publication in the Official
                        Article 3                            Journal of the European Communities.
The following shall be added to Article 32 (2) of            2. The provisions of Article 1 shall take effect on
Regulation No 1009/67/EEC :                                  1 July 1968 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 20 December 1968 .
                                                                                  For the Council
                                                                                   The President
                                                                                 V. LATTANZIO
 ---pagebreak--- 596                Official Journal of the European Communities
                                            ANNEX
           CCT
         heading                                 Description of good s
           No
       17.04     Sugar confectionery, not containing cocoa :
                 B. Chewing gum
                 C. White chocolate
                 D. Not specified
    ex 18.06     Chocolate and other food preparations containing cocoa and sugar (sucrose
                 or invert sugar)
    ex 19.02     Preparations of flour, starch or malt extract, of a kind used as infant food
                 or for dietetic or culinary purposes, containing less than 50% by weight
                 of cocoa , containing sugar (sucrose or invert sugar)
    ex 19.08     Pastry, biscuits, cakes and other fine bakers' wares, whether or not containing
                 cocoa in any proportion , containing sugar (sucrose or invert sugar)
       21.06     Natural yeasts (active or inactive); prepared baking powders :
                 A. Active natural yeasts :
                     II. Bakers' yeast
    ex 21.07     Food preparations not elsewhere specified or included, containing sugar
                 (sucrose or invert sugar)
    ex 22.02     Lemonade, flavoured spa waters and flavoured aerated waters , and other
                 non-alcholic beverages, containing sugar (sucrose or invert sugar), not
                 including fruit and vegetable juices falling within heading No 20.07
       22.09     Spirits (other than those of heading No 22.08 ) ; liqueurs and other spirituous
                 beverages ; compound alcoholic preparations (known as 'concentrated
                 extracts') for the manufacture of beverages :
                 C. Spirituous beverages :
                     ex V. Other, containing sugar (sucrose or invert sugar)
       29.04     Acyclic alcohols and their halogenated, sulphonated , nitrated or nitrosated
                 derivatives :
                 C. Polyhydric 1 alcohols :
                      II . Mannitol
                     III. Sorbitol
       29.16     Alcohol-acids, aldehyde-acids, ketone-acids, phenol-acids and other single
                 or complex oxygen-function acids, and their anhydrides, acid halides, acid
                 peroxides and peracids, and their halogenated, sulphonated, nitrated or
                 nitrosated derivatives :
                 ex A. Mannitol or sorbitol esters ;
                           glyceric acid, glycollic acid,
                           saccharonic acid, heptasaccharic acid,
                           and their salts and esters
       29.35     Heterocyclic compounds ; nucleic acids :
                 ex T. Other, anhydric compounds of mannitol or sorbitol (as, for example,
                           sorbitans) not including maltol and isomaltol
       29.43     Sugars, chemically pure, other than sucrose, glucose and lactose ; sugar
                 ethers and sugar esters, and their salts, other than products of headings
                 Nos 29.39 , 29.41 and 29.42 :
                 ex B. Other, sorbose, its salts and esters ;
                           methyl glucosides
        38.19    Chemical products and preparations of the chemical or allied industries
                 (including those consisting of mixtures of natural products), not elsewhere
                 specified or included ; residual products of the chemical or allied industries,
                 not elsewhere specified or included.
                 R. Foundry core binders based on synthetic resins
                 ex T. Other, sorbitol cracking products