29.4.2005 EN Official Journal of the European Union L 108/3
COMMISSION REGULATION (EC) No 651/2005
of 28 April 2005
amending Regulation (EC) No 60/2004 laying down transitional measures in the sugar sector by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,
Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular the first subparagraph of Article 41 thereof,
Whereas:
(1) Section 2 of Commission Regulation (EC) No 60/2004 (1) lays down transitional measures to avoid speculation in the sugar sector due to the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (new Member States) to the European Union. That Section specifies a number of deadlines in relation to the determination of surplus quantities of sugar, to their elimination and for the respective proof to be provided by either the responsible operator or the new Member State concerned. It also fixes the periods for the values to be used for the calculation of charges for operators and new Member States in case surplus quantities are not eliminated.
(2) Due to delays in the arrival of additional information on the surplus quantities in the new Member States and the time required for the thorough analysis of that information and discussion with the Member States concerned, it was not possible for the Commission to determine surplus quantities of sugar by 31 October 2004, as provided for by the first subparagraph of Article 6(1) of Regulation (EC) No 60/2004.
(3) The deadlines fixed by Regulation (EC) No 60/2004 need to be adjusted accordingly and, to the extent possible, in view of the need to use the information resulting from the elimination of surplus quantities for the determination of production levies for the marketing year 2004/2005 before 15 October 2005 and for the decision on quota declassification before 1 October 2005.
(4) In view of the potentially important financial consequences that a new Member State may face in case its surplus sugar is not eliminated appropriately, it is justified to extend over four years the period for the payment of the charge due by the new Member States.
(5) Regulation (EC) No 60/2004 should therefore be amended accordingly.
(6) The Management Committee for Sugar has not delivered an opinion within the time limit set by its Chairman,
Regulation (EC) No 60/2004 is amended as follows:
1. Article 6 is amended as follows:
(a) the first subparagraph of paragraph 1 is replaced by the following:
(b) the introductory phrase of paragraph 2 is replaced by the following:
(c) the second and third subparagraphs of paragraph 3 are replaced by the following:
(d) the introductory phrase of the first subparagraph of paragraph 4 is replaced by the following:
(e) the fourth subparagraph of paragraph 4 is replaced by the following:
2. Article 7 is replaced by the following:
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.