CELEX: 31986R2225
Language: en
Date: 1986-07-15 00:00:00
Title: Council Regulation (EEC) No 2225/86 of 15 July 1986 laying down measures for the marketing of sugar produced in the French overseas departments and for the equalization of the price conditions with preferential raw sugar

17 . 7. 86                             Official Journal of the European Communities                               No L 194/7
                                      COUNCIL REGULATION (EEC) No 2225/86
                                                        of 15 July 1986
                 laying down measures for the marketing of sugar produced in the French
                 overseas departments and for the equalization of the price conditions with
                                                    preferential raw sugar
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           with sugar of Community origin requires the equalizing
                                                                   of the prices of raw sugar produced in the French overseas
Having regard to the Treaty establishing the European              departments with that of preferential raw sugar by means
Economic Community,                                                of aids for refining with the aim of compensating the
                                                                   effect of the storage levy, after taking account, however, of
                                                                   the reimbursement of storage costs for the part correspon­
Having regard to Council Regulation (EEC) No 1785/81               ding to the average storage period in refinery ;
of 30 June 1981 on the common organization of the
markets in the sugar sector ('), as last amended by Regula­
tion (EEC) No 934/86 (2), and in particular Articles 9 (5)         Whereas the granting of refining aids is justified only for
and 19 (6) thereof,                                                the quantities of raw sugar, originating in the French
                                                                   overseas departments, which are likely to be refined into
Having regard to the Commission proposal,                          white sugar in the various European regions of the
                                                                   Community, having regard to the quantities of such sugar
Whereas Article 9 (4) of Regulation (EEC) No 1785/81               available as shown on a balance sheet for the Community
lays down that appropriate measures are to be taken on             itself established on a regular basis ; whereas it is equally
the subject of the transport and storage costs of sugars           necessary to take into account the region from which the
produced in the French overseas departments, in order to           sugar originates by reason of differences in growing
permit those sugars to be marketed in the European                 seasons :
regions of the Community ;
Whereas, by a Joint Declaration, annexed to the Act of             Whereas, moreover, as regards preferential raw sugar,
Accession of Spain and Portugal, on supplies to the sugar          where its yield differs from that of the standard quality, a
refining industry in Portugal, it was agreed to take appro­        scale of adjustments is applied in international trade
priate measures with a view to equalizing the prices of            which differs from that laid down in the Community
Community raw sugar ; whereas, therefore, equalizing               rules for raw sugar produced in the Community ; whereas,
should apply to raw cane sugar originating in the French           in order to equalize price condition^ between these two
overseas departments with a view to enabling, in parti­            types of raw sugar, the difference resulting from the appli­
cular, Portuguese refineries to be supplied with this sugar        cation of these two scales should be covered by specific
under price conditions similar to those obtaining for              intervention in favour of the refiner of raw sugar
preferential sugars ;                                              produced in the French overseas departments ;
Whereas, under Article 5 (4) of Protocol 7 on ACP sugar
annexed to the Third ACP-EEC Convention (3), the                   Whereas, by reason of the objectives of the intervention
guaranteed price is to refer to unpacked sugar cif Euro­           measures in question, it is necessary, when an advantage
pean ports of the Community for sugar of standard                  is granted for the refining of preferential sugar in the
quality ;                                                          form of the option to fix in advance the monetary
                                                                   compensatory amounts at the time of importation of that
                                                                   sugar, to provide for a corresponding measure in the form
Whereas the most appropriate measures for achieving the            of a supplementary aid for the refining of raw sugar from
abovementioned objectives consist of the granting of flat­         the French overseas departments ; whereas, in order to
rate Community aids as a form of intervention measure              enable, if applicable, such a measure to be introduced
enabling, on the one hand, the marketing in the Euro­              promptly it is necessary to provide for such a measure to
pean regions of the Community of the raw sugar                     be taken in accordance with the procedure referred to in
produced by the French overseas departments and, on the            Article 41 of Regulation (EEC) No 1785/81 ;
other hand, the refining of that sugar in those regions ;
whereas, having regard to the existence of a uniform price
for raw sugar for all the regions of the Community and in          Whereas certain provisions should be adopted to assist the
order to enable such marketing to take place, it is neces­
sary to provide for aid for the transport of the sugar in          transition from the arrangements laid down by Council
                                                                   Regulation (EEC) No 2067/81 of 20 July 1981 laying
question to those regions ; whereas furthermore, the               down measures for the marketing of sugar produced in
supplying of refineries, particularly Portuguese refineries,       the French overseas departments (4), to the arrangements
                                                                   laid down by this Regulation,
(') OJ No L 177, 1 . 1 . 1981 , p. 4.
(2) OJ No L 87, 2. 4. 1986, p. 1 .
(3) OJ No L 86, 31 . 3. 1986, p. 164.                              (4) OJ No L 203, 23 . 7. 1981 , p. 3.
 ---pagebreak---  No L 194/8                             Official Journal of the European Communities                                  17. 7. 86
 HAS ADOPTED THIS REGULATION :                                         tion price for raw sugar for the marketing year during
                                                                       which refining took place.
                           Article 1                               2. Paragraph 1 shall apply within the limits of the
                                                                   quantities to be determined according to the regions of
 Flat-rate Community aids for the marketing, in the Euro­          the Community in which the refining is likely to take
 pean regions of the Community, of sugars produced in              place and separately according to the originating French
 the French overseas departments shall be granted as an            overseas department or departments in question.
 intervention measure under the conditions laid down in
 Articles 2, 3 and 4.                                             The quantities referred to in the first subparagraph shall
                                                                  be determined in accordance with the procedure laid
                                                                  down in Article 41 of Regulation (EEC) No 1785/81 on
                           Article 2
                                                                  the basis of a Community supply balance sheet for raw
                                                                  sugar and for their refining in the European regions of
                                                                  the Community concerned.
 Producers of the sugar referred to in Article 1 , delivered
 European ports of the Community, shall be granted aid            3. The total amount of the aid referred to in paragraph
 consisting of :                                                   1 shall be granted following an application by the under­
 (a) a flat-rate amount of 14,56 ECU per tonne of sugar           takings which refined the sugar, to be submitted to the
     expressed as white sugar, representing the transport         competent authorities of the Member State on whose
     costs from the ex factory stage to the fob stage for the     territory the refining took place.
     1986/87 marketing year. For each of the following
     marketing years, this amount shall be adjusted by a
                                                                                            Article 4
     coefficient representing the modification increase in
     the intervention price for white sugar by reference to
                                                                  1.     The aids referred to in Articles 2 and 3 shall be
     that in force during the preceding marketing year ;
     and                                                          granted only in respect of the sugar specified in Article 1
                                                                  for which the bill of lading was drawn up on or after 1
(b) a single flat-rate amount to cover the sea transport          July 1986.
     costs from the fob stage in the French overseas depart­
     ments to the cif ship's hold stage in European ports of      2. Where the bill of lading for the sugar referred to in
     the Community, and the insurance costs covering this         Article 1 was drawn up before 1 July 1986, Regulation
     transport. This amount shall be equal to the Carib­          (EEC) No 2067/81 shall remain applicable. Where such is
     bean-United Kingdom freight element as established           the case, the undertaking concerned must produce the
     by the Freight Committee of the United Terminal              said bill of lading or any other form of proof which the
     Sugar Market Association of London and incorporated          Member State concerned regards as equivalent.
     in the London Daily Price for sugar and valid on the
     day on which the bill of lading is completed for the
     sugar in question.                                                                     Article 5
The aid shall be granted at the request of the producers of       1 . Where the advance fixing of monetary compensa­
the sugar concerned, to be submitted to the competent             tory amounts in trade with third countries is made appli­
authorities of the French Republic.                               cable to the importation of preferential raw sugar and
                                                                  where this application benefits imports of this sugar, the
                                                                  aid in Article 3 shall be supplemented by a flat-rate
                           Article 3                              amount to be determined, which will re-establish to a
                                                                  corresponding degree the equilibrium in the price condi­
 1.    Without prejudice to paragraph 2, for the sugars           tions for sugar produced in the French overseas depart­
referred to in Article 1 which have been refined in a refi­       ments .
nery in the European regions of the Community, an aid
shall be granted to the undertakings concerned, consisting        2.     The calculation of the flat-rate amount referred to in
of :                                                              partagraph 1 shall be made in accordance with the proce­
                                                                  dure laid down in Article 41 of Regulation (EEC) No
(a) an amount, laid down for 100 kg of raw sugar of stan­         1785/ 81 .
     dard quality, equal to the difference between the
     storage levy referred to in the second subparagraph of
     Article 8 (2) of Regulation (EEC) No 1785/81 which                                     Article 6
     has actually been collected for the sugar in question
     and three times the amount of the monthly reimbur­           This Regulation shall enter into force on the day
     sement of storage costs referred to in the first subpara­    following its publication in the Official Journal of the
     graph of Article 8 (2) of that Regulation applicable         European Communities.
     during the refining of the sugar ; and
(b) for each tenth of a percentage point of yield over            It shall apply from 1 July 1986 ; however, Article 5 shall
     92 % , an amount equal to 0,0387 % of the interven­          apply from 1 April 1986.
 ---pagebreak--- 17. 7. 86                    Official Journal of the European Communities                        No L 194/9
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 15 July 1986.
                                                                   For the Council
                                                                     The President
                                                                      M. JOPLING