31968R0750

Official Journal of the European Communities 131

No L 137/4 Official Journal of the European Communities 21.6.68

REGULATION (EEC) No 750/68 OF THE COUNCIL

of 18 June 1968 laying down general rules for offsetting storage costs for7sugar

THE COUNCIL OF THE EUROPEAN COMMUNITIES , whereas, given the special position of intervention agencies, the period for which a reimbursement is granted should however be limited ; Having regard to the Treaty establishing the European Economic Community ; Whereas reimbursement cannot be granted unless Having regard to Council Regulation No 1009/67/ some measure of control is possible; whereas ware­ EEC1 of 18 December 1967 on the common organisa­ houses must therefore be officially approved; whereas tion of the market in sugar, and in particular Article 8 for this reason reimbursements should be made by (2) thereof; the Member State on whose territory the sugar is held in store; Having regard to the proposal from the Commission; Whereas calculation of the reimbursement should be Whereas Article 8 ( 1 ) of Regulation No 1009/67/EEC based on periods for which the movement of stocks provides for the reimsbursement at a flat rate of can be checked; storage costs for certain sugars ; whereas, pursuant to Article 25 of that Regulation, these sugars must Whereas special measures may be needed to deal have been produced within the maximum quota ; with the special situation of sugar in transit at the beginning of a month; whereas such measures should Whereas this flat-rate reimbursement is financed by be adopted in the same way as the rules required for a levy charged on manufacturers ; whereas, therefore, the application of this Regulation, that is to say, in the principle to be observed when the amount of this accordance with the procedure laid down in Article levy is being fixed should be that total reimburse­ 40 of Regulation No 1009/67/EEC; ments made should equal total levies charged ; Whereas the purpose of the reimbursement is to Whereas the reimbursement system is confined to offset storage costs necessarily incurred; whereas, sugars manufactured from beet or cane harvested therefore, when the amount of the reimbursement is within the Community; whereas control is needed to being fixed the main charges included in storage ensure that this rule is observed ; whereas in the costs must be taken into account; sugar trade sugar is normally held in store by manu­ facturers ; whereas for this reason reimbursement Whereas effective control of manufacturing can best should as a general rule be restricted to manufac­ be exercised when the sugar is being disposed of; turers who are the owners of the sugar held in store; whereas the levy should therefore be collected from the manufacturer at this stage ; whereas, for Whereas, however, in some Member States sugar is administrative reasons, provision should be made for held in store by persons engaged in certain related the levy to be collected between the date of disposal trades which are assimilated to manufacturing by and the end of the following month ; those Member States for the purposes of the reim­ bursement; whereas these persons cannot therefore Whereas since some time must elapse before the be excluded from entitlement to the reimbursement; exact amount of the levy can be established, this amount must therefore be based on forecasts which Whereas intervention agencies usually find it necess­ must be adjusted in the light of results for previous marketing years ; ary to hold in store the sugar which they have bought-in and should therefore be entitled to reim­ bursement on the same terms as manufacturers ; Whereas from 1 July 1968 intervention agencies will be required to buy in sugar offered to them by manufacturers ; whereas the reimbursement of storage l OJ No 308 , 18.12.1967, p. 1 . costs is intended to obviate, in whole or in part, the

132 Official Journal of the European Communities

need for intervention buying; whereas reimburse­ a warehouse approved by the Member State on ment should therefore be extended to quantities of whose territory the warehouse is situated. sugar in free circulation held in store by manu­ In special circumstances special provisions may be facturers on 1 July 1968 ; whereas, for the purposes adopted in accordance with the procedure laid down of this Regulation, these quantities should be regar­ in Article 40 of Regulation No 1009/67/EEC to deal ded as having been produced within the maximum with sugar in transit at the beginning of the period quota for the 1968/69 marketing year; whereas, referred to in Article 4 (2). therefore, the levy applicable to that marketing year should be collected from those manufacturers when 2. Approval shall be granted under certain con­ these quantities are disposed of; ditions .

Whereas the introduction of the Community system Article 4 to offset storage costs will inevitably have certain 1 . Calculation of the reimbursement shall be based repercussions since some Member States do not operate such a system at present; whereas provision on monthly returns for quantities in store. must therefore be made for a transitional period in respect of reimbursements to persons other than 2. The quantity to be taken into account for any manufacturers ; one month shall be equal to the average quantities of sugar held in store at the beginning and at the end of the month in question . HAS ADOPTED THIS REGULATION :

Article 5 Article 1 The amount of the reimbursement shall be fixed Reimbursement shall be made within a specified per month and per unit of weight, insurance and period by the Member State on whose territory the specific storage costs being taken into consideration . sugar is held in store.

Article 2 Article 6 1 . Reimbursement shall be made to : 1 . The levy shall be so fixed that, in any one market­ ing year, anticipated total levies are equal to antici­ ( a ) any sugar manufacturer to whom a basic quota pated total reimbursements . has been allocated ; (b) any sugar refiner; 2. If in any one marketing year total levies collected do not equal total reimbursements made, the differ­ (c) any manufacturer of powdered, lump or candy ence shall be carried forward to a subsequent market­ sugar who has been approved by the Member ing year. State on whose territory he is established ; (d) any specialised sugar trader who has been ap­ Article 7 proved by the Member State on whose territory he The Member State shall collect the levy from each is established ; sugar manufacturer in respect of the quantities of ( e ) any intervention agency white and raw sugar produced within his maximum quota. provided that they are the owners of the sugar held in store at the beginning of the period referred to Article 8 in Article 4 (2). The levy shall be due on a date determined by the 2 . Approval shall be granted subject to certain con­ Member State concerned, within the period between ditions . the date on which the sugar in question is disposed of and the end of the month following that of dis­ posal. 3 . However, where sugar which has been the subject of intervention measures is held in store by an intervention agency, reimbursement shall be Article 9 limited to a specified maximum period . The amount of the levy per unit of weight shall be calculated as follows : Article 3 total anticipated reimbursements for the relevant 1 . Reimbursement shall only be made in respect of marketing year shall be increased or decreased as quantities of non-denatured white and raw sugar the case may be by the amounts carried forward produced within the maximum quota and stored in pursuant to Article 6 (2). The result shall be divided

Official Journal of the European Communities 133

by the anticipated quantity of sugar which will be duced within the maximum quota for the 1968/69 disposed of during that marketing year and produced marketing year. within the maximum quotas. However, this Regulation shall not apply to quan­ tities of sugar which, pursuant to Community pro­ Article 10 visions, are under customs control, or are under­ 1 . By way of derogation from the provisions of going an administrative inspection offering an Article 2, until 30 September 1968 reimbursement equivalent guarantee, on 1 July 1968 . shall only be made to sugar manufacturers who have been allocated a basic quota. Article 11

2. For the purposes of Articles 3, 7 and 9, quantities This Regulation shall enter into force on the third of sugar manufactured from beet or cane harvested day following its publication in the Official Journal within the Community and held in store on 1 July of the European Communities . 1968 by manufacturers who have been allocated a basic quota shall be regarded as having been pro­ It shall apply from 1 July 1968 .

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

Done at Brussels, 18 June 1968 .

For the Council

The ?resident

E. FAURE