Commission Regulation (EC) No 3300/94 of 21 December 1994 laying down transitional measures in the sugar sector following the accession of Austria, Finland and Sweden

COMMISSION REGULATION (EC) No 3300/94 of 21 December 1994 laying down transitional measures in the sugar sector following the accession of Austria, Finland and Sweden
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Norway, Austria, Finland and Sweden, hereinafter referred to as the 'Act', and in particular Article 149 (1) thereof,
Whereas the Act and therefore the Community rules introduced for the production and trade in agricultural products apply from 1 January 1995; whereas, accordingly, the production arrangements laid down in particular in Council Regulation (EEC) No  1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (1), as last amended by the Act (2), will not be applicable until that date, that is to say during the course of the 1994/95 marketing year; whereas transitional  measures within the meaning of Article 149 (1) of the Act are required in order to enable Austria, Finland and Sweden to change over, from 1 January 1995 from the production arrangements in force in Austria, Finland and Sweden to those laid down in  Regulation (EEC) No 1785/81;
Whereas in order to ensure the best possible application of the production and self-financing arrangements particular to the sugar sector, the conditions applicable to the quantities likely to form part of the normal carry-over stocks should be  determined from the moment the accession of the new Member States takes place;
Whereas, for the 1994/95 marketing year, the entire sugar output of Austria, Finland and Sweden was produced under national arrangements and much of the sugar they produced was disposed of before 1 January 1995; whereas, accordingly, retroactive action  on delivery contracts concluded in respect of that production between sugar beet or cane producers and sugar manufacturers must be ruled out; whereas there are grounds therefore, for not applying the provisions on self-financing laid down in Articles 28  and 28a of Regulation (EEC) No 1785/81 to sugar produced before 1 July 1995; whereas, in the case of the production of isoglucose in Finland, the normal carry-over stocks as at 1 January 1995 are not very large, since production tends to be steady and  in keeping with demand; whereas, for the purposes of ensuring the same treatment for isoglucose and sugar, the said Articles 28 and 28a should not apply to isoglucose produced before 1 July 1995, the date on which the new 1995/96 marketing year begins;
Whereas, for the period 1 January to 30 June 1995, Austria, Finland and Sweden have already produced their sugar in respect of the quotas for the 1994/95 marketing year and whereas demand during that period must be met from normal carry-over stocks;  whereas, in the case of isoglucose production, taking into account the characteristics described above and in order to avoid jeopardizing one of the main objectives of the quota system, namely achieving a certain balance in the Community between  production and outlets, provision should be made for satisfying demand in Austria, Finland and Sweden during the period 1 January to 30 June 1995 on the basis of the quantities produced during that period; whereas the basic quantities of A and B  isoglucose applicable in Finland during the period from 1 January to 30 June 1995 should be limited to the quantities corresponding to the share of the Community's average recorded production before accession during the months between January and June,  reference being made to the basic annual quantities for Finland;
Whereas the non-application of the self-financing arrangements covered by Articles 28 and 28a of Regulation (EEC) No 1785/81 to sugar and isoglucose in respect of production during the period from 1 January to 30 June 1995 in Austria, Finland and Sweden  means that the export refund arrangements referred to in Article 19 of Regulation (EEC) No 1785/81 and the production refund arangements referred to in Article 9 (3) of that same Regulation should not apply to sugar and isoglucose in the said Member  States during that period;
Whereas Article 16a (2a) of Regulation (EEC) No 1785/81 lays down that a specified quantity of raw sugar may be imported at a reduced levy into Finland; whereas it is necessary to specify the relevant conditions of application and in particular those  relating to the granting of an adjustment aid to the refining industry in Finland corresponding to the aid arrangements foreseen for Portugal;
Whereas pursuant to Article 145 (2) of the Act, normal carry-over stocks shall be defined for each product on the basis of criteria and objectives peculiar to each common market organization; whereas the stock of sugar and isoglucose in free circulation  in Austria, Finland and Sweden on 1 January 1995 should accordingly be determined in the case of the sugar sector, together with the normal carry-over stock and the conditions for the elimination by those Member States of the quantities exceeding the  said normal carry-over stock;
Whereas provision should accordingly be made for these Member States to undertake a survey; whereas, to this end, the rules laid down in Council Regulation (EEC) No 431/68 of 9 April 1968 determining the standard quality for raw sugar and fixing the  Comminiy frontier crossing point for calculating cif prices for sugar (3) and Commission Regulation (EEC) No 1443/82 of 8 June 1982 laying down detailed rules for the application of the quota system in the sugar sector (4), as last amended by Regulation  (EC) No 392/94 (5), should be applied for the conversion of the various types of sugar into white sugar;
Whereas, to determine the quantities of sugar and isoglucose to be eliminated from the market the normal carry-over stock considered necessary, should be defined for each of these products allowing for consumption, production, traditional exports and  operating stocks for refineries; whereas the granting of the reimbursement of storage costs for the quantities of sugar in normal carry-over stocks is justified to the extent that the storage levy is incurred from 1 January 1995 in accordance with
Article 12
of Commission Regulation (EEC) No 1998/78 of 18 August 1978 laying down detailed rules for the offsetting of storage costs for sugar (6), as last amended by Regulation (EEC) No 1758/93 (7);
Whereas, in view of the features of the markets for sugar and isoglucose which overall are in surplus, the disposal of quantities in excess of normal carry-over stocks must be carried out under certain conditions by export outside the Community either  in the natural state or in the form of processed products in accordance with Commission Regulation (EC) No 1222/94 of 30 May 1994 laying down common detailed rules for the application of the system of granting export refunds on certain agricultural  products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds (8), as last amended by Regulation (EC) No 2296/94 (9); whereas, to that end, certain provisions of Commission  Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advanced fixing certificates for agricultural products (10), as last amended by Regulation (EC) No  2746/94 (11), should be referred to as regards evidence for export;
Whereas quantities in excess of the normal carry-over stock in question which have not been exported before the date laid down and therefore have not been eliminated from the market must be considered as being disposed of on the Community internal  market and being imported from third countries; whereas, under these conditions, provision should rightly be made for levying an amount equal to the import levy for the product in question in force on the final day of the time limit laid down for  export; whereas the agricultural rate aplicable on the date should be used to convert that amount into national currency;
Whereas Austria, Finland and Sweden are each responsible for elimininating their respective quantities in excess of the normal carry-over stock under Article 145 (2) of the Act; whereas it is thus for those Member States to ensure that the quantities in  question are indeed exported outside the Community and it is their responsibility therefore to take all necessary measures for that end;
Whereas, for good management of the markets for sugar, provision must be made for the new Member States to provide notification of the level of their recorded stocks and of quantities considered as being disposed of on the internal market;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,