CELEX: 51992PC0403
Language: en
Date: 1992-09-28
Title: Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 1785/81 on the common organization of the markets in the sugar sector

14 . 10 . 92                               Official Journal of the European Communities                                No C 265 / 3
              Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1785/81 on the
                                       common organization of the markets in the sugar sector
                                                            (92 /C 265/03)
                                                          COM(92) 403 final
                                         (Submitted by the Commission on 28 September 1992 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              and in particular the Portuguese industry, on the basis of
                                                                       a Commissio.n report and, if necessary, proposals to
                                                                      enable the Council, where appropriate, to decide upon
Having regard to the Treaty establishing the European                 the measures to be applied ;
Economic Community, and in particular Article 43
thereof,
                                                                      Whereas the Community must also determine before
                                                                       1 January 1993 the production system to apply
                                                                      throughout the sector from 1 July 1993 ; whereas it is
Having regard to the proposal from the Commission,                    advisable, therefore, in order not to anticipate the system
                                                                      to be chosen, to determine at the same time the rules for
                                                                      future supply to Portuguese and other Community
Having regard to the opinion of the European                          refineries ;
Parliament,
                                                                      Whereas, in order not to interrupt supplies to Portuguese
                                                                      refineries when the preferential scheme in Article 303 of
Having regard to the opinion of the Economic and                      the Act of Accession comes to an end on 31 December
Social Committee,                                                     1992, the said scheme should be rolled forward by
                                                                      including its provisions in Regulation (EEC) No
                                                                      1785/81 , with the appropriate changes, so as to cover
Whereas Article 303 of the Act of Accession of Spain                  the period until the new production system in the sugar
and Portugal provides for a preferential system for the               sector comes into effect,
adequate supply of raw sugar to the Portuguese
refineries during a seven-year period following
accession ; whereas this involves the application of a                HAS ADOPTED THIS REGULATION :
reduced levy for imports of raw sugar from third
countries for that purpose and the use of available
supplies of raw cane and beet sugar harvested in the                                              Article 1
Community eligible under the arrangements laid down
by Council Regulation (EEC) No 2225/86 of 15 July                     Regulation (EEC) No 1785 / 81 is hereby amended as
1986 laying down measures for the marketing of sugar                  follows :
produced in the French overseas departments and for the
equalization of the price conditions with preferential raw            1 . Article 9 (4c) is replaced by the following :
sugar (') and available supplies of preferential raw sugar
as referred to in Article 33 of Council Regulation (EEC)
No 1785 / 81 of 30 June 1981 on the common organ­                         'From 1 January 1993 to 30 June 1993, an adjustment
ization of the markets in the sugar sector (2), as                        aid shall be paid as an intervention measure to the
last amended by Regulation (EEC) No 61 /92 (3) ;                          refining industry in Portugal on quantities of raw
whereas the abovementioned transitional period ends on                    sugar imported from third countries pursuant to the
31 December 1992 ;                                                        terms of Article 16a.';
                                                                      2 . the following Article is added :
Whereas, under the terms of the Declaration of the
European Economic Community on supplies to the sugar
                                                                          'Article 16a
refining industry in Portugal annexed to the Act of
Accession of Spain and Portugal, the Community is
prepared to examine, before the .end of the transitional                  1 . From 1 January 1993 to 30 June 1993 , a reduced
period, the whole of the Community refining industry                      levy shall be charged on raw cane sugar originating in
                                                                          Cote d'lvoire, Malawi , Zimbabwe and Swaziland
O OJ No L 194, 17 . 7 . 1986 , p . 7 .                                    which is imported into mainland Portugal , up to a
O OJ No L 177 , 1 . 7 . 1981 , p . 4 .                                    maximum quantity of 37 500 tonnes of white-sugar
O OJ No L 6, 11 . 1 . 1992 , p . 19 .                                     equivalent.
 ---pagebreak--- No C 265 / 4                          Official Journal of the European Communities                                  14 . 10 . 92
  2. Where, during the period referred to in                       Where the sugar concerned is not refined within the
  paragraph 1 , the Community's forward raw sugar                  prescribed time limit, the importer shall pay a sum
  supply balance indicates that the raw sugar available is         equal to the difference between the threshold price
  insufficient to ensure adequate supplies to the                  and the intervention price for raw sugar which is
  Portuguese refining industry, Portugal shall be auth­            applicable at the time of importation of the sugar.
  orized to import a quantity equivalent to the
  estimated shortfall from third countries at a reduced
                                                                   8.     Applications for certificates and the certificates
  levy in respect of the said period.                              themselves shall include in box 12 the following entry :
                                                                   "Raw sugar originating in . . . (name of the country
  3 . The reduced levy referred to in paragraph 1                  or countries referred to in paragraph 1 ) imported at
  shall be equal to :                                              reduced levy pursuant to Article 16a of Regulation
                                                                   (EEC) No 1785 / 81 ".
  (a) the intervention price for raw sugar referred to in
      Article 3 (2) in force at the time of importation,           9.     The security relating to certificates as referred to
      less                                                         in parag^ph 2 shall be ECU 0,25 per 100 kilograms
                                                                   net weight of sugar.
  (b) an amount equal to the average spot price for raw
      sugar quoted on the London Stock Exchange                     10 .   Portugal shall report to the Commission :
      delivered, where appropriate, to the cif stage over
      the first 20 days of the month preceeding the                (a) every month in respect of the preceding month :
      month for which the levy is fixed.
                                                                         — the quantity of raw sugar by weight for which
                                                                            import certificates as referred to in para­
  4. Where the polarization of the imported raw                             graph 6 have been issued,
  sugar deviates from 96° , the levy shall be increased or
  decreased, as the case may be, by 0,14 % for each                      — the quantity of raw sugar by weight actually
  one-tenth of a degree by which it deviates.                               imported under certificates as referred to in
                                                                            paragraph 6 ;
  5.    Each    month   the   Commission     shall fix the         (b) every quarter the quantity of raw sugar by weight
  reduced levy for the following month. The levy to be                   and in white-sugar equivalent refined during the
  collected shall be that applicable on the day of                       quarter prior to the quarter in which the report is
  importation .                                                          made .
                                                                   1 1 . Detailed rules for the application of this Article
  6. Certificates for the import of raw sugar under                and in particular the quantities, nature and, where
  the system provided for in this Article shall be valid           appropriate, the origin of the raw sugars which may
  from their date of issue until the end of the period             be imported pursuant to this Article shall be adopted
  referred to in paragraph 1 .                                     in accordance with the procedure laid down in
                                                                   Article 41 .'
  7 . Applications for the certificates referred to in
  paragraph 6 shall be submitted to the competent                                          Article 2
  agency in Portugal and be accompanied by a
  declaration from a refiner to the effect that the latter      This Regulation shall enter into force on 1 January 1993 .
  undertakes to refine the quantity of raw sugar
  concerned in Portugal in the six months following             This Regulation shall be binding in its entirety and
  importation .                                                 directly applicable in all Member States .