CELEX: 51981PC0798
Language: en
Date: 1981-12-15
Title: Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 1785/81 on the common organization of the markets in the sugar sector (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 798
Vol. 1981/0224
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 ---pagebreak---     COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(81)798 final
                                                         Brussels , 15 December 1981
                                 Proposal for a
                            COUNCIL REGULATION ( EEC )
    amending Regulation ( EEC ) Nd 1785 / 81 on the common organization of the
    markets in the sugar sector
                   ( submitted to the Council by the Commission )
                                              "    \
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C0M(81 ) 798 final
 ---pagebreak---                            bXKLANATORY MEMORANDUM
   1 » Article 27 of the basic sugar regulation allows . sugar producers to carry
        forward the whole or part of their production outside their A quotas to
        the next marketing year to be treated as part of that year 's production .
        Any sugar carried forward must be stored for 12 consecutive months be­
        ginning on 1 February of the marketing year in which it was produced ,
       and it benefits from the reimbursement of storage costs during that period
       under the system provided for in Article 8 of the same regulation .
       It .should be recalled that carry-f orward arrangements were in operation
       before 1 July 1981 , when the current basic regulation entered into force ,
       but with the difference that      the maximum quantity that could previously
       be carried forward was limited to 10% of the A quota , and the reimbursement
       of storage costs during the 12-month period was specifically excluded ( 1 )„
       Article 27 of the current ' regulation discontinues that quantitative limi­
       tation but it provides for storage reimbursement . These changes were proposed
       by the Commission in order to strenghthen the means available to the
       Community of achieving a measure of compensation between good crops and
       poor ones .
      The present proposal does not involve any change of principle ,, It simply
       aims to provide all sugar producers with the possibility of using the carry
       forward provisions under the same conditions , irrespective of the time at
       which they begin to produce sugar in excess of their A quotas .
       But the present text of Article 27 does not allow the carry forward system
       to be adapted according to the way in which sugar production has evolved
       in the various regions of the Community . For example , some regions produce
       sugar above the A quota in December or in January , other produce the major
       part of such sugar in October . Now Article 27 stipulated that any decision
       to carry forward must be taken before 1 February following production ; that
       the obligatory storage period must begin on that date and end on the
       following 31 January; and that storage costs shall be reimbursed during
        that period . The overall effect is :
           - an inequality of treatment as between Community sugar producers ;
           - a lack of . incentive for some producers to use the carry forward
                            ι
              facility which , in turn , hinders the achievement of the objective
              referred to above-.
( 1 ) Article 31 of Regulation ( EEC ) No 3330 / 74 , OJ No L 359 , 31 „ 12.1974,p„1 -
       now repealed
 ---pagebreak--- The Commission is therefore proposing purely tschnicel changes t.c Article
suppression of the fixed dates of the start and snd c>f the storage , period
Leaving the requirement of a 12-month s to/ age period but with the relevant
dates to be determined in the detailed rules of aDoli cation *
In order that these changes can be effectively applied to the 1981 / 32
marketing year it is proposed that every decision to carry sugar forward
to the 1982 / 82 marketing year which is taken before 1 February 1982 may be
regarded as retroactive to the date on which the sugar concerned was decla
to have been produced . This means that the 12-month storage period and the
storage reimbursements can both be deemed to have begun on that date *
Accordingly , the Commission suggests that these proposals can be enacted
before 1 February 1982 , the Council should request consultation with
Parliament under the urgent    procedure .
Financial implications
2 . Given that these proposals involve only technical modifications to the
    carry forward system ( Article 27 of Regulation ( EEC ) No 1785 / 81 ) and do
    not change either the principles of the system or the obligatory storag
    period , t-hey do not affect the costs ( storage reimbursements ) or the
    receipts ( storage Levies ) arising from this system ,,
 ---pagebreak---                                     –:; rroDOsat Tor a     –
                                     COUNCIL REGULATION ( EEC )
               amending Regulation ( EEC ) No 1785 / 81 on the common organization
                    of the markets in the sugar sector
THE COUNCIL OF THi iUROPiAN COMMUNITIES ,
                           »
Having - regard to the Treaty establishing the European Economic Community,
and in particular Article 43 thereof .
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ,
                                .          .                    (1 )
Whereas Article 27 of Council Regulation ( EEC ) No 1785 / 81        gives sugar-Producing
undertakings the possibility to carry forward' sugar produced in a given marketing
year to be treated as part of the following year 's production ; whereas that
Article lays down for the sugar carried forward an obligatory storage period
of 12 months beginning on 1 Feb'ruary of the marketing year in which the sugar
was produced with , as a counterpart , the reimbursement of storage costs during
that period ; whereas only the French departments of Guadaloupe and Martinique
have a specific storage period corresponding to their sugar production period ;
Whereas these mandatory dates fixed for the start of the storage period no longer
       correspond to the requirements of sugar production as it has evolved in
the various regions of the Community; whereas in order to avoid inequalities
of treatment between producers in these regions according to whether they begin
their production earlier or later , and thus to allow the earlier producers to
make use of the aforesaid possibility from the moment when their production
exceeds their A quotas , the dates on which the obligatory storage period starts
should henceforth be laid down not in the said Article 27 but , without affecting
the principles involved , in the relevant detailed rules of application ;
Whereas , having regard to         production in the 1981 / 82 marketing year and to
the need felt by undertakings to carry sugar forward , it is now appropriate
for the carry-forward to the 1932 / 1983 marketing year.- to provide measures
which will retroactively allow all Community sugar-producing undertakings
to make arrangements         in this respect ,
HAS ADOPTED THIS REGULATION :
  ( 1 ) OJ no L 177, 1.7.1981 , p=4
 ---pagebreak---                                  Article 1
 Article 27 of Regulation ( EEC ) No 1785 / 81 is hereby amended es follows ;
 1 . The first and second subparagraphs of paragraph 2 shall be replaced
     by the following :
           Undertakings       which take the decision referred to in
           paragraph 1 shall :
           - inform the Member State concerned , before 1 February , of the
               quantity or quantities of sugar being carried forward ,
          and
           - undertake to store such quantity . or quantities for a period of
              12 consecutive months from a date to be determined ,, For this
              period storage cost,s , including those of any C sugar carried
              forward shall be reimbursed under the provisions of Article 8 .
           For undertakings situated in the French departments of Guadeloupe
           and Martinique the date referred to in the first indent
           of the first subparagraph shall be 1 May „"
 2 „ The following new paragraph 4 shall be added ;
     " 4 . In respect of sugar carried forward from the 1981 / 82 marketing year to
           the 1982 / 83 marketing year decisions by undertakings referred to in paragraph 1
           shall , at the request of the undertaki ngs concerned, be regarded as
           retroactive to the date ,      on which .  the Member State concerned
           determined that the sugar covered by those decisions was produced .
           In such cases the storage period referred to in the second indent
           of the first subparagraph of paragraph 2 shall begin on the date
           referred to in the preceding subparagraph ."
                                    Article 2
      This Regulation shall enter into force on the day following that of
      its publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                                         For the Council