CELEX: 31967R1027
Language: en
Date: 1967-12-21 00:00:00
Title: Regulation No 1027/67/EEC of the Council of 21 December 1967 on the fixing of basic quotas for sugar

Official Journal of the European Communities                                     321
 No 313/2                      OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                       22.12.67
                                 REGULATION No 1027/67/EEC OF THE COUNCIL
                                                  of 21 December 1967
                                         on the fixing of basic quotas for sugar
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                       period ; whereas provision should be made for the
                                                                transfer of the production of a factory or undertaking
Having regard to the Treaty establishing the                    which    has   closed    down    to   other factories   or
European Economic Community ;                                   undertakings in cases where the one factory or
                                                                 undertaking has been taken over by the others ;
Having      regard    to    Council    Regulation     No
1009 /67/EEC1 of 18 December 1967 on the common                 Whereas, in cases where a factory or undertaking has
organisation of the market in sugar, and in particular          been unable to process all the beet intended for sugar
Article 23 (3 ) thereof;                                        manufacture because of provisions in the Member
                                                                State concerned and where a factory or undertaking
Having regard to the proposal from the Commission ;             has produced sugar from imported beet, the Member
                                                                State should be able to take such circumstances into
Whereas Article 23 (3 ) of Regulation No                        account ;
1009/67/EEC lays down that the Council should
adopt general rules and any derogations from                    Whereas provision should be made for Member
provisions concerning the distribution of basic                 States to derogate from the method of distribution
quotas ;                                                        under special         circumstances ;     whereas such
                                                                derogations should be restricted in amount to 10% of
Whereas Article 23 ( 1 ) of that Regulation contains a          the basic quantity of the Member State concerned ;
mathematical formula for fixing quotas ; whereas that
formula provides for the multiplication of the average          Whereas Member States should be able to alter the
annual sugar production of the factory or                       quotas after the first marketing year and until the end
undertaking concerned during a reference period                 of the transitional period in the light of any structural
covering the 1961/62 to 1965/66 marketing years by              changes in the sugar industry and in beet cultivation ;
a coefficient expressing the ratio of the Member                whereas, in view of the exceptional nature of such
State's basic quantity to the average annual sugar              derogation, alterations for the whole period should
production of that State during the same period ;               be restricted in amount to 5% of the basic quantity
whereas, however, in order to take into account                 of the Member State concerned ;
special cases in which economic interests require a
specific distribution, it is necessary to depart from           Whereas provision should be made that the fixing of
this strict rule and to provide for adjustments where           quotas in special cases shall not in any circumstances
they are justified by the circumstances of such cases ;         result in a discrepancy between the number of quotas
                                                                fixed and the basic quantity of the Member State
Whereas provision should be made for Member                     concerned ; whereas, moreover, in order to make the
States to use a method of calculation suitable for new          system laid down in Title III of Regulation No
factories or undertakings which commenced sugar                 1009/67/EEC effective for beet growers, Member
production only after the beginning of the reference            States must fix basic quotas before sowing takes
period ; whereas provision should be made for                   place ;
varying the calculation in cases where a factory or
undertaking has had to temporarily suspend sugar                HAS ADOPTED THIS REGULATION :
production, in whole or in part, during the reference
period ;                                                                                 Article 1
Whereas the calculation must be varied in cases
where a factory or undertaking has definitively                 Member States may fix basic quotas in derogation
ceased production after the beginning of the reference          from Article 23 ( 1 ) of Regulation No 1009/67/EEC :
                                                                ( a) if a factory or undertaking has taken over in
1 OJ No 308, 18.12.1967, p . 1 .                                     whole or in part the production of another
 ---pagebreak---  322                                    Official Journal of the European Communities
       factory or undertaking which has ceased sugar               3.    The remaining quantity may be distributed by
       production during the period from the beginning             the Member State at its own discretion .
       of the 1961/62 marketing year to 31 August
       1967 ;
                                                                                           Article 4
 ( b ) if a factory or undertaking has commenced sugar
       production after the beginning of the 1961 /62              1 . By way of derogation from the provisions of
       marketing year but before 1 September 1967 ;                Article 23 ( 1 ) of Regulation No 1009/67/EEC and of
 ( c) if, in view of special circumstances, a factory or           Article 1 of this Regulation, each Member State may
       undertaking has had to temporarily suspend                  withdraw from the basic quotas allocated a quantity
       sugar production, in whole or in part, during one           not exceeding, for the whole period of 1 July 1969 to
       or more marketing years during the period from              30 June 1975 , 5% of the basic quota allocated to the
       the beginning of the 1961/62 marketing year to              factory or undertaking concerned for the 1968/69
       the end of the 1965/66 marketing year ;                     marketing year.
  (d) if a factory or undertaking, under the provisions            2.    However, application of the provisions of
        of the Member State in question concerning the             paragraph 1 must not result in the basic quota
       processing of sugar beet for purposes other than .          allocated to a factory or undertaking being less than
       sugar production , has not processed into sugar             85% of the basic quota calculated for that factory or
        all the beet intended for that purpose ;                   undertaking in accordance with the provisions of
  (e) if a factory or undertaking has during one of the            Article 23 ( 1 ) of Regulation No 1009/67/EEC and of
        marketing years 1961/62 to 1965/66 produced                Article 1 of this Regulation.
        sugar from imported beet.
                                                                   3.    The Member State may distribute the quantity
                                                                   withdrawn at its own discretion .
                            Article 2
                                                                                           Article 5
 No basic quota shall be fixed for factories and
 undertakings which, during the period from the
  beginning of the 1961 /62 marketing year until 31                1.     Application of this Regulation must not result
  August       1967,    have   definitively   ceased   sugar       in the totality of the basic quotas for factories or
 production.                                                       undertakings of the Member State concerned being
                                                                   smaller or greater than its basic quantity.
                            Article 3                               2.    Member States shall fix the basic quotas before
                                                                    1 March 1968 .
  1 . By way of derogation from the provisions of
  Article 23 ( 1 ) of Regulation No 1009/67/EEC, each               3 . If a Member State applies the provisions of
  Member State may, when fixing the basic quotas for                Article 4 it shall fix the altered quotas before 1
  the 1968/69 marketing year, distribute a quantity                 March, to apply during the following marketing year.
  lower than its basic quantity.
, 2.      Each Member State shall, however, distribute at                                  Article 6
  least 90% of its basic quantity in accordance with the
  distribution procedure laid down in Article 23 ( 1 ) of           This Regulation shall enter into force on the third
  Regulation No 1009/67/EEC and in Article 1 of this                day following its publication in the Official Journal
  Regulation.                                                       of the European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 21 December 1967.
                                                                                          For the Council
                                                                                           The President
                                                                                            H. KATZER