CELEX: 51985PC0433
Language: en
Date: 1985-08-07
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) AMENDING REGULATION (EEC) NO 1785/81 ON THE COMMON ORGANIZATION OF THE MARKETS IN THE SUGAR SECTOR

No C 219/4                                Official Journal of the European Communities                                    29. 8. 85
                                                                 II
                                                         (Preparatory Acts)
                                                    COMMISSION
             Proposal for a Council Regulation amending Regulation (EEC) No 1785/81 on the common
                                         organization of the markets in the sugar sector
                                                        COM(85) 433 final
                                  (Submitted by the Commission to the Council on 18 July 1985)
                                                           (85/C 219/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             quota sugar for purposes other than                   human
                                                                     consumption; whereas, therefore, there would appear to
                                                                     be some justification for not calling into question the
Having regard to the Treaty establishing the European                quotas applicable to existing sugar- or isoglucose-
Economic Community, and in particular Articles 42 and                producing undertakings;
43 thereof,
                                                                     Whereas, however, neither the continued application of
Having regard to the proposal from the Commission,                   the quota system itself, nor the quota levels chosen,
                                                                     should be allowed to hinder the introduction of the
Having regard to the opinion of the European Par-                    necessary adjustments to the structure of production;
liament,                                                             whereas, accordingly, provision should be made for
                                                                      allowing greater flexibility in the fixing of the quotas, by
                                                                     limiting to 15 % instead of 10 % the extent to which the
Having regard to the opinion of the Economic and                      quotas can be transferred;
Social Committee,
                                                                     Whereas Article 28 of Regulation (EEC) No 1785/81 is
Whereas Article 23 of Council Regulation (EEC) No                     designed mainly to cover, by means of financial contri-
1785/81 ('), as last amended by Regulation (EEC) No                   butions by the producers, all the losses resulting from the
1482/85 (2), lays down that the sugar sector's production             disposal of the Community's surplus production;
quota arrangements are applicable in respect of the                  whereas, because of the heavy fall in world market prices
marketing years 1981/82 to 1985/86 and that the                       in recent years and the current ceiling on production
Council must, in good time, adopt the arrangements to                 levies, that objective has never been achieved; whereas
be applied with effect from 1 July 1986;                              the ceilings which have been applied to date should
                                                                      therefore be raised;
Whereas the measures applied to date in order to achieve
control over production should be maintained, since                   Whereas, in order to cover the disposal costs relating to
overproduction has been a constant feature of the                     the new outlets referred to above, the method of
situation on the world market in recent years, resulting              financing should be adjusted by making producers bear,
in ever rising surplus stocks, and since the Community                as part of a review of the system, the cost of granting the
has a large production potential, as shown in particular              production refunds concerned;
by the figures recorded in 1981/82; whereas the quota
arrangements should therefore be applied for a further
five-year period;                                                     Whereas the possibility of derogating from the principle
                                                                      whereby different delivery contracts are concluded in the
                                                                      case of A beet, B beet and C beet could, in the context
Whereas the quota system's basic rules and its machinery              of the present provisions, have untoward effects on the
are, as a result of enlargement, applicable to new                    quota system itself; whereas those provisions should
producers, thus appreciably reducing the foreseeable                  therefore be amended, by making the derogation subject
volume of overproduction of both A and B sugar;                       to a prior Community decision and by restricting it to a
whereas, moreover, outlets could be found within the                  single marketing year;
Community by encouraging, for instance, the use of
0) O J N o L 177, 1.7. 1981, p. 4.                                    Whereas the provisions of this Regulation should be
O O J N o L 151, 10.6. 1985, p. 1.                                    introduced in the best possible circumstances; whereas a
 ---pagebreak--- 29. 8. 85                                Official Journal of the European Communities                                No C 219/5
number of transitional measures may therefore be                     6. The second subparagraph           of Article 26 (1) is
required; whereas those measures, if any, should be                      replaced by the following:
adopted in accordance with the procedure laid down in
Article 41 of Regulation (EEC) No 1785/81,                               'Articles 8, 9, 18 and 19 shall not apply to this sugar
                                                                         or Articles 9, 18 and 19 to this isoglucose.'
HAS ADOPTED THIS REGULATION:
                                                                     7. In Article 28 (1), ' 1 . Before the end of the . . . shall
                                                                        be recorded:' is replaced by ' 1 . Before the end of
                            Article 1
                                                                        each marketing year, there shall be recorded:'.
Regulation (EEC) No 1785/81 is hereby amended as
follows:
                                                                     8. In Article 28 (2), '2. Before the end of each . . . the year
                                                                        of recording:' is replaced by '2. At the end of the
  1. Article 5 (2) is replaced by the following:                         1982/83 marketing year and of each subsequent
                                                                        marketing year there shall be recorded cumulatively
     '2.     The minimum price for A beet shall be equal                for the marketing years from 1981/82 to the year of
                                                                        recording concerned:'.
     to 97,5 % of the basic price for beet.
     Subject to Article 28 (5) the minimum price for B               9. In the second subparagraph of Article 28 (3), the
     beet shall be equal to 67,5 % of the basic price for               first indent is replaced by the following:
     beet.'
                                                                        '— on the sugar in question, an amount equal to
 2. Article 23 is replaced by the following:                                  2,5 % of the intervention price for white sugar,
                                                                              and'.
      'Article 23
                                                                    10. Article 28 (5) is replaced by the following:
      1.    Articles 24 to 32 shall apply in respect of the
     marketing years 1981/82 to 1990/91.
                                                                        '5.     When      the    maximum       permitted       basic
                                                                        production levy and the maximum permitted B levy
     2.     For the marketing years from 1986/87 to                     do not fully cover the overall loss referred to in the
      1990/91 the A and B quotas of each sugar-                         first subparagraph of paragraph 3, the maximum
     producing undertaking and each isoglucose-                         percentage referred to in the first indent of
     producing undertaking shall, without prejudice to                  paragraph 4 shall be adjusted within a limit which
     Article 25, be those which were applicable in 1985/                would enable such percentage to be increased up to
     86.'                                                               47 %. The percentage referred to in the second sub-
                                                                        paragraph of Article 5 (2) shall be revised in line
                                                                        with this adjustment.
 3. Article 24 (c) is replaced by the following:
     '(c) "C sugar" and "C isoglucose" mean any                         The Council shall, acting by a qualified majority on
           quantity of sugar or isoglucose the production               a proposal from the Commission adopt the revised
           of which is attributable to a specific marketing             percentages referred to in the first subparagraph.
           year and which is produced either by the under-              Those revised percentages shall apply in the
           taking concerned outside the sum of its A and B              marketing year immediately following that in which
           quotas or by an undertaking which has no                     the balance of uncovered losses was recorded.
           quota.'
                                                                        The Council may, in accordance with the procedure
 4. The first subparagraph of Article 25 (2) is replaced                specified in the second subparagraph, decide that all
     by the following:                                                  or part of the losses arising from any production
                                                                        refunds granted pursuant to Article 9 (3) should be
                                                                        taken into account when determining the total loss
     'Member States may reduce the A quota and the B                    referred to in paragraph 1 (e) of this Article.'
     quota of each sugar-producing undertaking or each
     isoglucose-producing undertaking situated in their
     territories. However, the remaining A quota or B               11. Article 30 (3) is replaced by the following:
     quota may not be less than 85 % of the A quota or
     B quota, as the case may be, which was applicable
                                                                        '3.     The Council may, in accordance with the
     during the 1985/86 marketing year.'
                                                                        procedure laid down in paragraph 4, authorize a
                                                                        Member State to approve for a given marketing year
 5. In the second subparagraph of Article 25 (2), 'The                  an agreement within the trade which derogates from
     limit of 10 % ' is replaced by 'The limit'.                        paragraphs 1 and 2.'
 ---pagebreak--- No C 219/6                                Official Journal of the European Communities                                   29.8.85
12. Article 48 is replaced by the following:                                                     Article 2
      'Article 48                                                     This Regulation shall enter into force on the day of its
                                                                      publication in the Official Journal of the European
     Transitional measures may be adopted in accordance
                                                                      Communities.
     with the procedure laid down in Article 41 of Regu-
     lation (EEC) No 1785/81.                                         It shall apply from 1 July 1986.
     Such measures shall be applicable until 30 June 1987             This Regulation shall be binding in its entirety and
     at the latest.'                                                  directly applicable in all Member States.
                Proposal for a Council Directive on the harmonization of the laws, regulations and
                administrative provisions relating to the application of the principles of good laboratory practice
                             and the verification of their application for tests on chemical substances
                                                         COM(85) 380 final
                                  (Submitted by the Commission to the Council on 24 July 1985)
                                                           (85/C 219/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              Whereas the Council of the Organization for Economic
                                                                      Cooperation and Development took a decision on
Having regard to the Treaty establishing the European                 12 May 1981 on the mutual acceptance of data for the
Economic Community, and in particular Article 100                     evaluation of chemical products; whereas it issued a
thereof,                                                              recommendation on 26 July 1983 concerning the mutual
                                                                      recognition of compliance with good laboratory practice;
Having regard to the proposal from the Commission,
                                                                      Whereas it is necessary to set up a procedure allowing
Having regard to the opinion of the European Par-                     rapid adaptation of the principles of good laboratory
liament,                                                              practice;
Having regard to the opinion of the Economic and
                                                                      HAD ADOPTED THIS DIRECTIVE:
Social Committee,
Whereas Council Directive 67/548/EEC of 27 June                                                  Article 1
1967 on the approximation of laws, regulations and
administrative provisions relating to the classification,             For the tests specified in Directive 67/548/EEC the
packaging and labelling of dangerous substances ('), as               Member States shall take all measures necessary to
last amended by Directive 84/449/EEC (2), requires tests              ensure that laboratories apply the principles of good
to be carried out on chemical substances;                             laboratory practice specified in Annex 2 to the Decision
                                                                      of 12 May 1981 of the Council of the Organization for
                                                                      Economic Cooperation and Development on the mutual
"Whereas the methods to be used for these are laid down
                                                                      acceptance of data for the calculation of chemical
in Annex V to Directive 67/548/EEC;
                                                                      products.
Whereas it is necessary to comply with the principles of
good laboratory practice in carrying out the tests laid                                          Article 2
down by Directive 67/548/EEC so as to ensure that the
results are comparable and of high quality;                           1.    When submitting results, the laboratories referred
                                                                      to in Article 1 shall certify that the tests have been
Whereas the resources devoted to the tests must not be                carried out in compliance with the principles of good
wasted by having to repeat tests owing to differences in              laboratory practice.
laboratory practice from one Member State to another;
                                                                      2.    To verify compliance with the principles of good
                                                                      laboratory practice, the Member States shall carry out
0) OJ 196, 16. 8. 1967, p. 1.                                         on-the-spot inspections and verifications of studies using
(2) OJ No L 251, 19. 9. 1984, p. 1.                                   procedures that they shall establish for that purpose.