CELEX: 31968R0750
Language: en
Date: 1968-06-18 00:00:00
Title: Regulation (EEC) No 750/68 of the Council of 18 June 1968 laying down general rules for offsetting storage costs for sugar

Official Journal of the European Communities                                   131
 No L 137/4                          Official Journal of the European Communities                              21.6.68
                                REGULATION (EEC) No 750/68 OF THE COUNCIL
                                                    of 18 June 1968
                            laying down general rules for offsetting storage costs for7sugar
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                      whereas, given the special position of intervention
                                                                 agencies, the period for which a reimbursement is
Having regard to the Treaty establishing the                    granted should however be limited ;
 European Economic Community;
                                                                Whereas reimbursement cannot be granted unless
 Having regard to Council Regulation No 1009/67/                some measure of control is possible; whereas ware­
 EEC1 of 18 December 1967 on the common organisa­               houses must therefore be officially approved; whereas
 tion of the market in sugar, and in particular Article 8       for this reason reimbursements should be made by
 (2) thereof;                                                   the Member State on whose territory the sugar is
                                                                held in store;
Having regard to the proposal from the Commission;
                                                                Whereas calculation of the reimbursement should be
 Whereas Article 8 ( 1 ) of Regulation No 1009/67/EEC           based on periods for which the movement of stocks
provides for the reimsbursement at a flat rate of               can be checked;
 storage costs for certain sugars ; whereas, pursuant
 to Article 25 of that Regulation, these sugars must            Whereas special measures may be needed to deal
 have been produced within the maximum quota ;                  with the special situation of sugar in transit at the
                                                                beginning of a month; whereas such measures should
Whereas this flat-rate reimbursement is financed by             be adopted in the same way as the rules required for
a levy charged on manufacturers ; whereas, therefore,           the application of this Regulation, that is to say, in
the principle to be observed when the amount of this            accordance with the procedure laid down in Article
levy is being fixed should be that total reimburse­             40 of Regulation No 1009/67/EEC;
ments made should equal total levies charged ;
                                                                Whereas the purpose of the reimbursement is to
Whereas the reimbursement system is confined to                 offset storage costs necessarily incurred; whereas,
sugars manufactured from beet or cane harvested                 therefore, when the amount of the reimbursement is
within the Community; whereas control is needed to              being fixed the main charges included in storage
ensure that this rule is observed; whereas in the               costs must be taken into account;
sugar trade sugar is normally held in store by manu­
 facturers ; whereas for this reason reimbursement              Whereas effective control of manufacturing can best
 should as a general rule be restricted to manufac­             be exercised when the sugar is being disposed of;
 turers who are the owners of the sugar held in store;          whereas the levy should therefore be collected from
                                                                the manufacturer at this stage ; whereas, for
Whereas, however, in some Member States sugar is                administrative reasons, provision should be made for
 held in store by persons engaged in certain related            the levy to be collected between the date of disposal
 trades which are assimilated to manufacturing by               and the end of the following month ;
 those Member States for the purposes of the reim­
 bursement; whereas these persons cannot therefore              Whereas since some time must elapse before the
 be excluded from entitlement to the reimbursement;             exact amount of the levy can be established, this
                                                                amount must therefore be based on forecasts which
Whereas intervention agencies usually find it necess­           must be adjusted in the light of results for previous
ary to hold in store the sugar which they have                  marketing years ;
bought-in and should therefore be entitled to reim­
 bursement on the same terms as manufacturers ;                 Whereas from 1 July 1968 intervention agencies will
                                                                be required to buy in sugar offered to them by
                                                                manufacturers ; whereas the reimbursement of storage
l OJ No 308, 18.12.1967, p. 1 .                                 costs is intended to obviate, in whole or in part, the
 ---pagebreak--- 132                                   Official Journal of the European Communities
need for intervention buying; whereas reimburse­                a warehouse approved by the Member State on
ment should therefore be extended to quantities of              whose territory the warehouse is situated.
sugar in free circulation held in store by manu­                In special circumstances special provisions may be
facturers on 1 July 1968 ; whereas, for the purposes            adopted in accordance with the procedure laid down
of this Regulation, these quantities should be regar­           in Article 40 of Regulation No 1009/67/EEC to deal
ded as having been produced within the maximum                  with sugar in transit at the beginning of the period
quota for the 1968/69 marketing year; whereas,                  referred to in Article 4 (2).
therefore, the levy applicable to that marketing year
should be collected from those manufacturers when               2. Approval shall be granted under certain con­
these quantities are disposed of;                                ditions .
Whereas the introduction of the Community system                                         Article 4
to offset storage costs will inevitably have certain
repercussions since some Member States do not                    1 . Calculation of the reimbursement shall be based
operate such a system at present; whereas provision              on monthly returns for quantities in store.
must therefore be made for a transitional period in
respect of reimbursements to persons other than                 2. The quantity      to be taken into account for any
manufacturers ;                                                 one month shall     be equal to the average quantities
                                                                 of sugar held in    store at the beginning and at the
                                                                 end of the month   in question .
 HAS ADOPTED THIS REGULATION :
                                                                                         Article 5
                            Article 1
                                                                 The amount of the reimbursement shall be fixed
Reimbursement shall be made within a specified                  per month and per unit of weight, insurance and
period by the Member State on whose territory the               specific storage costs being taken into consideration .
sugar is held in store.
                            Article 2                                                    Article 6
 1 . Reimbursement shall be made to :                            1 . The levy shall be so fixed that, in any one market­
                                                                 ing year, anticipated total levies are equal to antici­
 ( a ) any sugar manufacturer to whom a basic quota              pated total reimbursements .
       has been allocated ;
 (b) any sugar refiner;                                         2. If in any one marketing year total levies collected
                                                                 do not equal total reimbursements made, the differ­
 (c) any manufacturer of powdered, lump or candy                 ence shall be carried forward to a subsequent market­
       sugar who has been approved by the Member                ing year.
       State on whose territory he is established ;
(d) any specialised sugar trader who has been ap­                                        Article 7
       proved by the Member State on whose territory he
                                                                 The Member State shall collect the levy from each
       is established ;
                                                                 sugar manufacturer in respect of the quantities of
 (e) any intervention agency                                     white and raw sugar produced within his maximum
                                                                 quota.
provided that they are the owners of the sugar held
 in store at the beginning of the period referred to                                     Article 8
 in Article 4 (2).
                                                                 The levy shall be due on a date determined by the
 2 . Approval shall be granted subject to certain con­           Member State concerned, within the period between
 ditions .                                                       the date on which the sugar in question is disposed
                                                                 of and the end of the month following that of dis­
 3 . However, where sugar which has been the                     posal.
 subject of intervention measures is held in store by
 an intervention agency, reimbursement shall be                                          Article 9
 limited to a specified maximum period .
                                                                 The amount of the levy per unit of weight shall be
                                                                 calculated as follows :
                            Article 3
                                                                 total anticipated reimbursements for the relevant
  1 . Reimbursement shall only be made in respect of             marketing year shall be increased or decreased as
 quantities of non-denatured white and raw sugar                 the case may be by the amounts carried forward
 produced within the maximum quota and stored in                 pursuant to Article 6 (2). The result shall be divided
 ---pagebreak---                                  Official Journal of the European Communities                                 133
by the anticipated quantity of sugar which will be          duced within the maximum quota for the 1968/69
disposed of during that marketing year and produced         marketing year.
within the maximum quotas.
                                                            However, this Regulation shall not apply to quan­
                      Article 10
                                                            tities of sugar which, pursuant to Community pro­
                                                            visions, are under customs control, or are under­
1 . By way of derogation from the provisions of             going an administrative inspection offering an
Article 2, until 30 September 1968 reimbursement            equivalent guarantee, on 1 July 1968 .
shall only be made to sugar manufacturers who have
been allocated a basic quota.                                                      Article 11
2. For the purposes of Articles 3, 7 and 9, quantities      This Regulation shall enter into force on the third
of sugar manufactured from beet or cane harvested           day following its publication in the Official Journal
within the Community and held in store on 1 July            of the European Communities .
1968 by manufacturers who have been allocated a
basic quota shall be regarded as having been pro­           It shall apply from 1 July 1968 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 18 June 1968 .
                                                                                      For the Council
                                                                                       The ?resident
                                                                                         E. FAURE