31967R1027

Official Journal of the European Communities 321

No 313/2 OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES 22.12.67

REGULATION No 1027/67/EEC OF THE COUNCIL of 21 December 1967

on the fixing of basic quotas for sugar

THE COUNCIL OF THE EUROPEAN COMMUNITIES , period ; whereas provision should be made for the transfer of the production of a factory or undertaking Having regard to the Treaty establishing the which has closed down to other factories or European Economic Community ; undertakings in cases where the one factory or undertaking has been taken over by the others ; Having regard to Council Regulation No 1009 /67/EEC1 of 18 December 1967 on the common Whereas, in cases where a factory or undertaking has organisation of the market in sugar, and in particular been unable to process all the beet intended for sugar Article 23 (3 ) thereof; manufacture because of provisions in the Member State concerned and where a factory or undertaking Having regard to the proposal from the Commission ; has produced sugar from imported beet, the Member State should be able to take such circumstances into Whereas Article 23 (3 ) of Regulation No account ; 1009/67/EEC lays down that the Council should adopt general rules and any derogations from Whereas provision should be made for Member provisions concerning the distribution of basic States to derogate from the method of distribution quotas ; under special circumstances ; whereas such derogations should be restricted in amount to 10% of Whereas Article 23 ( 1 ) of that Regulation contains a the basic quantity of the Member State concerned ; mathematical formula for fixing quotas ; whereas that formula provides for the multiplication of the average Whereas Member States should be able to alter the annual sugar production of the factory or quotas after the first marketing year and until the end undertaking concerned during a reference period of the transitional period in the light of any structural covering the 1961/62 to 1965/66 marketing years by changes in the sugar industry and in beet cultivation ; a coefficient expressing the ratio of the Member whereas , in view of the exceptional nature of such State's basic quantity to the average annual sugar derogation, alterations for the whole period should production of that State during the same period ; be restricted in amount to 5% of the basic quantity whereas, however, in order to take into account of the Member State concerned ; special cases in which economic interests require a Whereas provision should be made that the fixing of specific distribution , it is necessary to depart from quotas in special cases shall not in any circumstances this strict rule and to provide for adjustments where result in a discrepancy between the number of quotas they are justified by the circumstances of such cases ; fixed and the basic quantity of the Member State Whereas provision should be made for Member concerned ; whereas, moreover, in order to make the States to use a method of calculation suitable for new system laid down in Title III of Regulation No factories or undertakings which commenced sugar 1009 / 67/EEC effective for beet growers , Member production only after the beginning of the reference States must fix basic quotas before sowing takes period ; whereas provision should be made for place ; varying the calculation in cases where a factory or undertaking has had to temporarily suspend sugar HAS ADOPTED THIS REGULATION : production, in whole or in part, during the reference period ; Article 1 Whereas the calculation must be varied in cases where a factory or undertaking has definitively Member States may fix basic quotas in derogation ceased production after the beginning of the reference from Article 23 ( 1 ) of Regulation No 1009/67/EEC :

( a) if a factory or undertaking has taken over in 1 OJ No 308, 18.12.1967, p . 1 . whole or in part the production of another

322 Official Journal of the European Communities

factory or undertaking which has ceased sugar 3 . The remaining quantity may be distributed by production during the period from the beginning the Member State at its own discretion . of the 1961/62 marketing year to 31 August 1967 ; Article 4 ( b ) if a factory or undertaking has commenced sugar production after the beginning of the 1961 /62 1 . By way of derogation from the provisions of marketing year but before 1 September 1967 ; Article 23 ( 1 ) of Regulation No 1009/67/EEC and of ( c) if, in view of special circumstances , a factory or Article 1 of this Regulation, each Member State may undertaking has had to temporarily suspend withdraw from the basic quotas allocated a quantity sugar production, in whole or in part, during one not exceeding, for the whole period of 1 July 1969 to or more marketing years during the period from 30 June 1975 , 5% of the basic quota allocated to the the beginning of the 1961 /62 marketing year to factory or undertaking concerned for the 1968/69 the end of the 1965 /66 marketing year ; marketing year.

(d) if a factory or undertaking, under the provisions 2 . However, application of the provisions of of the Member State in question concerning the paragraph 1 must not result in the basic quota processing of sugar beet for purposes other than . allocated to a factory or undertaking being less than sugar production , has not processed into sugar 85% of the basic quota calculated for that factory or all the beet intended for that purpose ; undertaking in accordance with the provisions of (e) if a factory or undertaking has during one of the Article 23 ( 1 ) of Regulation No 1009/67/EEC and of marketing years 1961/62 to 1965/66 produced Article 1 of this Regulation . sugar from imported beet. 3 . The Member State may distribute the quantity withdrawn at its own discretion . Article 2

Article 5 No basic quota shall be fixed for factories and undertakings which, during the period from the beginning of the 1961 /62 marketing year until 31 1 . Application of this Regulation must not result August 1967, have definitively ceased sugar in the totality of the basic quotas for factories or production. undertakings of the Member State concerned being smaller or greater than its basic quantity.

Article 3 2 . Member States shall fix the basic quotas before 1 March 1968 . 1 . By way of derogation from the provisions of Article 23 ( 1 ) of Regulation No 1009/67/EEC, each 3 . If a Member State applies the provisions of Member State may, when fixing the basic quotas for Article 4 it shall fix the altered quotas before 1 the 1968 /69 marketing year, distribute a quantity March, to apply during the following marketing year. lower than its basic quantity.

Article 6 , 2 . Each Member State shall, however, distribute at least 90% of its basic quantity in accordance with the distribution procedure laid down in Article 23 ( 1 ) of This Regulation shall enter into force on the third Regulation No 1009/67/EEC and in Article 1 of this day following its publication in the Official Journal Regulation. of the European Communities .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 21 December 1967.

For the Council

The President H. KATZER