CELEX: 31969R0142
Language: en
Date: 1969-01-25 00:00:00
Title: Regulation (EEC) No 142/69 of the Commission of 25 January 1969 laying down certain detailed rules for the application of the quota system for sugar

18                                     Official Journal of the European Communities
 27.1.69                               Official Journal of the European Communities                          No L 20/ 1
                                 REGULATION (EEC) No 142/69 OF THE COMMISSION
                                                      of 25 January 1969
                   laying down certain detailed rules for the application of the quota system for sugar
 THE    COMMISSION          OF     THE  EUROPEAN      COM­         Whereas the production levy provided for in Article
 MUNITIES ,                                                        27 of Regulation No 1009/67/EEC can only be
                                                                   calculated after the end of the marketing year
 Having regard to the Treaty establishing the                      concerned; whereas the sugar in question is largely
 European Economic Community;                                      disposed of during the marketing year in which it is
                                                                   produced; whereas provision should therefore be
                                                                   made for the production levy to be paid during the
 Having     regard       to    Council    Regulation     No        marketing year in which it is produced within time
 1009 /67/EEC1 of 18 December 1967 on the common                   limits which would be the same for the whole
 organisation of the market in sugar, as amended by                Community ; whereas a provisional amount of the
 Regulation (EEC) No 2100/68 ,2 and in particular                  levy must be fixed to this end;
 Articles 25 (3 ), 27 (5 ), 32 (4) and 38 thereof;
                                                                  Whereas it is reasonable that the Community should
Whereas if the provisions relating to the quota system             bear the losses involved in disposal under the most
for sugar, and in particular Articles 25, 27 and 32, are          favourable conditions since the Community is already
to be correctly applied, 'the sugar production of a               responsible for all expenses incurred in disposing of
factory or undertaking' must be precisely defined;                quantities produced in excess of domestic
whereas all the white sugar, raw sugar, invert sugar              consumption up to the level of the guaranteed
and syrups expressed as white sugar actually                      quantity ;
produced in a factory or undertaking should be
treated as the production of the factory or                       Whereas the measures provided for in this Regulation
undertaking concerned; whereas, in the interests of                are in accordance with the Opinion of the
limiting sugar production, the possibility of allocating          Management Committee for Sugar;
part of one undertaking's production to another
undertaking which has had that sugar produced
                                                                  HAS ADOPTED THIS REGULATION :
under a contract to make up work from material
supplied should be restricted to specific cases ;
whereas these cases must be determined in such a                                           Article 1
way as to avoid increasing the Community's financial              1 . For the purposes of Article 25 , 27 and 32 of
burden in the sugar sector; whereas, despite this
                                                                  Regulation No 1009/67/EEC, 'sugar production'
general rule, provision should be made for the same               means the total quantity, expressed as white sugar,
allocation in cases of force majeure; whereas, in                 of :
order to ensure equal treatment of the manufacturers
concerned within the Community, the application of                ( a) white sugar ;
such cases should be decided in accordance with the
procedure laid down in Article 40 of Regulation No                ( b ) raw sugar;
1009/67/EEC ;                                                     (c) invert sugar;
Whereas, to make it possible in particular to apply               (d) — sucrose or invert sugar syrups which are at
the provisions relating to the production levy,                             least 70% pure and are produced from sugar
provisional and definitive production figures should                        beet,
be established;                                                         — sucrose or invert sugar syrups which are at
                                                                            least 75% pure and are produced from sugar
                                                                            cane,
1 OJ No 308 , 18.12.1967 , p . 1 .
2 OJ No L 309, 24.12.1968 , p. 4.                                       hereinafter called 'syrups'.
 ---pagebreak---                                     Official Journal of the European Communities                                       19
2 . The following shall however be excluded when               (b) on the basis of yield determined in accordance
the quantity referred to in paragraph 1 is being                    with Article 1 of Council Regulation (EEC) No
calculated :                                                        431/681 of 9 April 1968 determining the standard
                                                                    quality for raw sugar and fixing the Community
( a ) quantities of white sugar produced from :                     frontier crossing point for calculating c.i.f. prices
                                                                    for sugar, in the case of raw sugar production ;
      — raw sugar or
      — svrups                                                 (c) multiplied by the coefficient 1 , in the case of
                                                                    invert sugar production ;
      which were not produced in the factory or
      undertaking which manufactured such white                (d) on the basis of extractable sugar content
      sugar ;                                                       determined in accordance with the provisions of
                                                                   the second subparagraph of paragraph 4 of this
( b) quantities of white sugar produced from :                      Article, in the case of syrups produced prior to
      — raw sugar or                                                the crystallising stage;
      — syrups                                                 (e) on the basis of their content expressed in sucrose
                                                                    in accordance with Article 10 of Commission
      which were not produced during the marketing
      year in which white sugar was manufactured;                   Regulation (EEC) No 839/682 of 28 June 1968
                                                                    on detailed rules for the application of export
 (c) quantities of raw sugar produced from syrups                   refunds on sugar, in the case of syrups which are
       which were not produced in the factory or                    not produced prior to the crystallising stage.
      undertaking which manufactured such raw
      sugar ;                                                  4. Purity of syrups shall be calculated by dividing
                                                               the total sugar content by the content of extractable
(d) quantities of raw sugar produced from syrups               sugar .
      which were not produced during the marketing             The extractable content shall be calculated by
      year in which such raw sugar was manufactured ;          subtracting the difference between the dry matter -
                                                               content and the polarimetric reading for that syrup,
(e) quantities of raw sugar processed into white               multiplied by 1-70, from the polarimetric reading for
       sugar during the marketing year in question by          the syrup in question.
       the factory or undertaking which produced such
      raw sugar ;                                              Dry matter content shall be determined in accordance
                                                               with the areometric method .
( f) quantities of invert sugar and syrups processed
      into alcohol or rum;
                                                                                        Article 2
(g) quantities of syrups processed into sugar or invert
      sugar during the marketing year in question by           1.    Between 15 and 31 January of each year each
      the factory or undertaking which produced such           Member State shall establish provisional sugar
      syrups ;
                                                               production figures for the current marketing year for
(h) quantities of s>rups in treacle form and those to          each factory and undertaking situated on its territory.
      be processed into 'Rinse Appelstroop ';                  For the French departments of Guadeloupe and
                                                               Martinique these dates shall be replaced by 15 and 30
(i ) quantities of sugar, invert sugar and syrups              April.
      produced under inward processing arrangements ;
                                                               2.    Before 15 September of each year each Member
(j ) quantities of invert sugar produced from syrups           State shall establish definitive figures for sugar
      which were not produced by the factory or                production in the preceding marketing year as at
      undertaking which manufactured such invert               midnight on 30 June for each factory or undertaking
      sugar;                                                   situated on its territory.
(k) quantities of irvert sugar produced from syrups            3 . Where the production figures established
      which were not produced during the marketing             pursuant to paragraph 2 are lower than those
      year in which such invert sugar was                      established pursuant to paragraph 1 , the quantity
      manufactured .                                           carried forward pursuant to Article 32 of Regulation
                                                               No 1009/67/EEC shall be adjusted by the Member
3.      Production shall be expressed in terms of white        State concerned at the request of the individual
sugar :
( a) differences in quality being disregarded, in the          1 OJ No L 89, 10.4.1968, p. 3 .
      case of white sugar production ;                          2 OJ No L 151 , 30.6.1968, p . 47.
 ---pagebreak--- 20                                 Official Journal of the European Communities
manufacturer within the limits of the difference              marketing year in each Member State in accordance
recorded . This adjustment will be retroactive to the         with the criteria used by that Member State at the
date on which the storage period referred to in that          time of calculating the average annual sugar
Article began .                                               production of the factories or undertakings referred
                                                              to in Article 23 of Regulation No 1009/67/EEC.
4 . Where the production figures established
pursuant to paragraph 2 differ from those established
pursuant to paragraph 1 , and where the                                                Article 4
manufacturer has paid or should have paid a
production levy in respect of that difference, the            1 . Before 1 January each year a provisional
Member State shall make a retroactive adjustment to           amount of the production levy shall be fixed for that
the quantities subject to the production levy .               year. It shall be fixed before 1 March 1969 for the
                                                              1968 /69 marketing year.
                         Article 3
                                                              2. ^ The provisional amount of the production levy
                                                              shall be calculated for the relevant marketing year on
1.    For the purposes of Articles 25 , 27 and 32 of          the basis of :
Regulation No 1009/67/EEC, 'the sugar production
of a factory or undertaking' means the quantity of            (a ) estimated sugar production in the Community,
sugar actually manufactured by that factory or by the         ( b) estimated production in excess of the maximum
factory or factories of that undertaking as the case               quotas ,
may be.
                                                              ( c) an estimate of quantities produced within the
2.    If, however, the two manufacturers in question               maximum quotas to be carried forward to the
make a written application to the Member State                     following marketing year,
concerned, the quantity of sugar produced by an               (d ) the guaranteed quantity,
undertaking ( hereinafter called 'the processor') under
a contract to make up work from materials supplied            ( e) the sum of the basic quotas ,
shall be treated as part of the production of the
                                                              (f) a standard amount per unit of weight to
undertaking (hereinafter called 'the principal ') which
                                                                   compensate for losses incurred in disposing of
had the sugar produced under that contract :
                                                                   sugar produced in excess of the guaranteed
(a) where, for reasons of force majeure, the beet,                 quantity .
     cane or molasses has to be processed into sugar
     in an undertaking other than that of the
                                                                                       Article 5
     principal ; or
(b) where the proccessor's total sugar production is          1 . Member States shall collect from each sugar
     lower than his basic quota ; or                          manufacturer whose production is in excess of his
(c) where the processor's total sugar production is           basic quota in respect of that part of his production
     higher than his basic quota but lower than his           in excess of his basic quota but within his maximum
     maximum quota and where the principal's total            quota which is not carried forward pursuant to
    sugar production is higher than the basic quota ;         Article 32 of Regulation No 1009/67/EEC :
     or
                                                              ( a) before 1 April of the relevant marketing year, the
(d) where the processor's total sugar production and               provisional amount of the production levy
     the principal's total sugar production are higher             multiplied by 0-4 ;
     than their respective maximum quotas.
                                                              (b) before the following 15 May, the provisional
                                                                    amount of the production levy multiplied by 0-3 ;
3 . Any sugar manufacturer wishing to invoke the
provisions of paragraph 2 ( a) shall immediately              (c) before the following 1 July, the provisional
notify the Member State concerned giving the                        amount of the production levy multiplied by 0-3 .
information necessary in support of his application .
The Member State shall check such information . The
                                                              2.     The following dates shall however be
Member State shall immediately transmit the                   substituted in respect of manufacturers in the French
information supplied by the manufacturer and the              departments of Guadeloupe and Martinique :
results of its inquiries to the Commission.
                                                              ( a) 1 October shall be substituted for 1 April ;
4.    By way of derogation from the provisions of             (b ) 15 November shall be substituted for 15 May;
paragraphs 1 to 3, the production of a factory or
undertaking shall be calculated for the 1968/69                (c) 1 January shall be substituted for 1 July.
 ---pagebreak---                                     Official Journal of the European Communities                                        21
3.    Where the final amount of the production levy                  — the guaranteed quantity valid for that
differs from the provisional amount, Member States                       marketing year,
shall collect or refund the difference before the end of
the second month following the entry into force of                   — quantities produced        in   excess     of   the
the Regulation which fixes the final amount of the                       maximum quotas,
production levy.
                                                                     — quantities within the maximum quota carried
                                                                         forward pursuant to Article 32 of Regulation
4.    Where the maximum quota is fixed pursuant to                       No 1009/67/EEC ; and
the provisions of Article 31 of Regulation No
1009/67/EEC later than 1 April of the relevant
marketing year, that portion of the production levy            ( b ) a standard amount per unit of weight to
collected pursuant to paragraph 1 of this Article on                 compensate losses incurred in disposing of that
production which, by reason of the Member State's                    sugar .
decision exceeds the maximum quota, shall be
immediatelv reimbursed by that Member State.                         This standard amount shall be calculated on the
                                                                     basis of a weighted average of losses incurred in
                        Article 6
                                                                     disposing of sugar during that marketing year;
                                                                     losses incurred in disposing, under the most
                                                                     favourable conditions, of a quantity equal to the
1.     The final amount of the production levy valid                 difference between the guaranteed quantity and
for a given marketing year shall be fixed before 1                   the quantity disposed of for human consumption
January of the following marketing year.                             within    the  Community       during    the    same
                                                                     marketing year shall be excluded .
2.     Overall losses incurred in disposing of the
quantity produced in the Community in excess of the
guaranted quantity shall be calculated on the basis                                     Article 7
of :
( a) total sugar production in the Community during            This Regulation shall enter into force on the day
     the marketing year in question, expressed as              following its publication in the Official Journal of the
     white sugar, minus :                                      European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 25 January 1969 .
                                                                                   For the Commission
                                                                                       The President
                                                                                          Jean REY