CELEX: 51977PC0230
Language: en
Date: 1977-05-31
Title: Proposal for a COUNCIL REGULATION (EEC) laying down general rules for offsetting storage costs for sugar (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 230
Vol. 1977/0086
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(77) 230 final
                                              Brussels , 31 May 1977
                               Proposal for a
                         COUNCIL REGULATION (EEC)
                   laying down general rules for offsetting
                         storage costs for sugar
                   ( submitted to the Council by the Commission)
COM(77 ) 230 final
 ---pagebreak---             EXPLANATORY MEMORANDUM
Council Regulation (EEC ) Wo 750/ 68 of 18 June 1968^ laying down
general rules for offsetting storage costs for sugar^ has been
the subject of several amendments in the past . Moreover , these
rules must henceforth cover preferential sugar . Consequently , this
proposal aims at providing a new version of these rules .
 ---pagebreak---                                      Proposal for a
                               COUNCIL REGULATION ( EEC )
                 laying down general rules for offsetting storage costs
                for sugar said repealing Regulation ( EEC) No 750/68
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation ( EEC ) No 3330/74 of 19 December 1974 on the
common organisation of the market in sugar (l ), as last amended by Regulation
 ( EEC ) No     /77 (2 ) , and in particular Article 8 ( 2 ) ( a) thereof ,
Having regard to the proposal from the Commission ,
Whereas Council Regulation (EEC ) N o 750/68 of 18 June 1968 laying down general
rules for offsetting storage costs for sugar ( 3)» as last amended by Regulation
( EEC ) No I52/7I (4 )1 has been amended on several occasions ? whereas , moreover ,
these general rules must be extended to cover preferential sugar with effect
from the 1977/78 sugar marketing year } whereas , therefore , it is appropriate
to adopt a new version of these general rules !
Whereas Article 8 (l ) of Regulation ( EEC ) No 3330/74 provides for the reimburse­
ment at a flat rate of storage costs for certain sugars }
Whereas this flat rate reimbursement is financed by levies } whereas , therefore ,
the principle to be observed when the amounts of these levies is being fixed
should be that total reimbursements made should be equal to total levies charged }
Whereas this reimbursement system is confined to sugar manufactured from beet or
cane harvested in the Community , on the one hand , and to preferential sugar , on the
other } whereas control is needed to ensure that this rule is observed }
Whereas intervention agencies usually find it necessary to hold in store the sugar
which they have bought in and should therefore be entitled to reimbursement } whereas
however , given the special position of intervention agencies , the period for which
a reimbursement is granted should be limited }
1 ) O.J. No L 359 , 31.12.1974 » p.l
2 ) O.J. No L
3 ) O.J. No L 137 , 21.6.1968 , p,4
4 ) O.J , No L 22 , 28.1.1971 » P-l
 ---pagebreak---                                    - 2 -
  Whereas reimbursement cannot "be granted unless some measure of control
  is possible } whereas , therefore , warehouses must be offioially approved }
  whereas , for this reason , reimbursements should normally be made by the
  Member State in whose territory the sugar is stored }
  Whereas the calculation of the reimbursements should be based on periods
  for which the movement' of stocks can be checked }
 Whereas particular measures may be needed to deal with the special situation
  of sugar in transit at the beginning of a month } whereas such measures should
 be adopted in the same way as the rules required for the application of this
 Regulation , namely          • in accordance with the procedure laid down in
 Article 36 of Regulation (EEC ) No 333^/741
 Whereas the purpose of the reimbursement is to offset storage costs necessarily
 incurred } whereas , therefore , when the amount of the reimbursement is being
 fixed the main charges included in storage costs must be taken into account }
 Whereas effective control of manufacturing can best be
 exercised when the sugar is being disposed off whereas , therefore , the levy
 should be collected from the producer at the time of disposal }
 WVioreas a levy should be oollected at the time of importation in the case of
preferential sugar which is disposed of in the natural state , and at the time
of refining in the case of other preferential sugar ;
Whereas , since some time must elapse before the exact amount of the levies
can be established , these amounts must therefore be based on forecasts which
must be adjusted in the light of results for previous marketing years ,
HAS ADOPTED THIS REGULATION :
 ---pagebreak---                                      - 3 -
                                  Artiç]Ls 1
     Reimbursement shall be made within a specified period , in principle by the
    Member State on whose territory the sugar or the syrups referred to in the
     first and second subparagraphs of Article 8 (l ) of Regulation (EEC) No 3330/?4 ^
    is held in store .
                                  Article P
 1 •Reimbursement shall be made to !
     (a) any sugar manufacturer to whom a basic quota has been allocated !
     (b) any sugar refiner }
     (c ) any manufacturer of powdered , lump or candy sugar who has been approved
           by the Member State on whose territory he is established }
     (d ) any specialised sugar trader who has been approved by the Member State
           on whose territory he is established }
     ( e ) any intervention agency,
     provided that they are the owners of the sugar or , as the case may be , of
    the syrups , held in store at the beginning of the period referred to in
     Article 4 ( 2 ).
2 . Approval shall be granted subject to certain conditions .
 3 . However , where sugar which has been the subject of intervention measures
     is held in store by an intervention agency reimbursement shall be limited
     to a specified maximum period .
                                  ArU?ls
 1 . Reimbursement shall be made in respect of
       – undenatured white and raw sugar and syrups    produced within
          the maximum quota ,
       - white and raw preferential sugar
        stored in a warehouse approved by the Member State in whose territory
       the warehouse is situated .
        Approval shall be granted on certain conditions .
2 . In special circumstances special provisions may be adopted in accordance
      with the procedure laid down in Article 36 of Regulation (EEC) No 333^/74
      to deal with sugar in transit at the beginning of the period referred to
      in Article A ( 2 ).
 ---pagebreak---                                     - 4 -
                                   Articls 4
1 . The calculation of "the reimbursements shall be based on monthly returns
     of quantities in store .
2 . The quantity to be taken into account for any one month shall be equal
     to the arithmetic mean of the quantities held in store at the beginning
     and at the end of the month in question .
3 . For payment of the reimbursement raw sugar and syrup shall be converted
      into a white sugar equivalent on the basis of yield or sugar content .
      The reimbursement of storage costs for syrups may be limited to a certain
      period .
                                    Vtigls 'î
The amount of the reimbursement shall be fixed jgr month and per unit of weight ,
 insurance and specific storage costs being taken into consideration .
                                    Article 6
 1 . The levy to be charged in the case referred to under ( a) of the third
       subparagraph of Article 8 (l ) of Regulation ( EEC ) No 333^/74 Bhall be BO fixed
          that , for any sugar marketing year , the estimated total of the levies
       shall be equal to the estimated total of the reimbursements referred to in
      the first subparagraph of Article 8 (l ) thereof .
 2 . When , for any sugar marketing year , the total of the levies collected is
       not equal to the total of the reimbursements made , the difference shall
       be carried forward to a subsequent sugar marketing year .
  3 . The amount of the levy per unit of weight shall be calculated as follows :
       total estimated reimbursements for the sugar marketing year in question shall
       be increased or decreased , as the case may be , by the amounts carried forward
      under         paragraph 2 . The result shall be divided by the estimated
       quantity of sugar which will be disposed of during that marketing year and
       produced within the maximum quotas .
 4 . The Member State shall collect the levy from each sugar manufacturer in respect
       of the white and raw sugar and of the syrups, referred to under ( a )
       of the third subparagraph of Article 8 (l ) of Regulation ( EEC) No 3330/74 ,
       produced and disposed of within his maximum quota . Nevertheless , the levy
       shall not be collected when the white or raw sugar is bought in by an inter­
       vention agency .
 ---pagebreak---                                    Article 7
1 . The levy to "be collected in the cases referred to under (b ) and ( c ) of
    the third subparagraph of Article 8 (L ) of Regulation (EEC ) N O 3330/74
    shall be so fixed that , for any sugar marketing year , the estimated total
    of the levies shall be equal to the estimated total of the reimbursements
    referred to in the second subparagraph of Article 8 (l ) of the sane Regulation .
2 . When , for any sugar marketing year , the total of the levies collected is not
    equal to the total of the reimbursements made , the difference shall be carried
    forward to a subsequent sugar marketing year .
3 . The amount of the levy per unit of weight shall be calculated as follows :
    total estimated reimbursements for the sugar marketing year in question
    shall be increased or decreased , as the case may be , by the amounts carried
    forward pursuant to paragraph 2 . The result shall be divided by the estimated
    quantities of sugar which will be imported or refined during the same period .
4 . The Member State shall collect the levy from
     - each importer of preferential sugar which is disposed of in its
       natural state ,
     - each refiner of preferential sugar .
                                   Article 8
Regulation (EEC ) U Q 75O/ 68 is hereby repealed with effect from 30 June 1977 •
                                   Article 9
This Regulation shall enter into force on the third day following its
publication in the Official Journ.il of the European Communities .
It shall apply with effect from 1 July 1977 *
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at                                                      For the Council