31969R0142

18 Official Journal of the European Communities

27.1.69 Official Journal of the European Communities No L 20 / 1

REGULATION (EEC) No 142/69 OF THE COMMISSION of 25 January 1969

laying down certain detailed rules for the application of the quota system for sugar

THE COMMISSION OF THE EUROPEAN COM­ Whereas the production levy provided for in Article MUNITIES , 27 of Regulation No 1009/67/EEC can only be calculated after the end of the marketing year concerned; whereas the sugar in question is largely Having regard to the Treaty establishing the disposed of during the marketing year in which it is European Economic Community; produced; whereas provision should therefore be made for the production levy to be paid during the Having regard to Council Regulation No marketing year in which it is produced within time 1009 / 67 /EEC 1 of 18 December 1967 on the common limits which would be the same for the whole organisation of the market in sugar, as amended by Community ; whereas a provisional amount of the Regulation (EEC) No 2100/68 ,2 and in particular levy must be fixed to this end; Articles 25 (3 ), 27 (5 ), 32 (4) and 38 thereof; Whereas it is reasonable that the Community should Whereas if the provisions relating to the quota system bear the losses involved in disposal under the most for sugar, and in particular Articles 25, 27 and 32, are favourable conditions since the Community is already to be correctly applied, 'the sugar production of a responsible for all expenses incurred in disposing of factory or undertaking' must be precisely defined; quantities produced in excess of domestic whereas all the white sugar, raw sugar, invert sugar consumption up to the level of the guaranteed and syrups expressed as white sugar actually quantity ; produced in a factory or undertaking should be treated as the production of the factory or Whereas the measures provided for in this Regulation undertaking concerned; whereas, in the interests of are in accordance with the Opinion of the limiting sugar production, the possibility of allocating Management Committee for Sugar; part of one undertaking's production to another undertaking which has had that sugar produced HAS ADOPTED THIS REGULATION : under a contract to make up work from material supplied should be restricted to specific cases ; Article 1 whereas these cases must be determined in such a way as to avoid increasing the Community's financial 1 . For the purposes of Article 25 , 27 and 32 of burden in the sugar sector; whereas, despite this Regulation No 1009/67/EEC, 'sugar production' general rule, provision should be made for the same means the total quantity, expressed as white sugar, allocation in cases of force majeure; whereas, in of : order to ensure equal treatment of the manufacturers concerned within the Community, the application of ( a ) white sugar ; such cases should be decided in accordance with the ( b ) raw sugar; procedure laid down in Article 40 of Regulation No 1009/67/ EEC ; ( c) invert sugar ;

(d) — sucrose or invert sugar syrups which are at Whereas, to make it possible in particular to apply least 70% pure and are produced from sugar the provisions relating to the production levy, beet, provisional and definitive production figures should be established ; — sucrose or invert sugar syrups which are at least 75% pure and are produced from sugar cane, 1 OJ No 308 , 18.12.1967 , p . 1 . 2 OJ No L 309 , 24.12.1968 , p . 4 . hereinafter called 'syrups'.

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2 . The following shall however be excluded when (b) on the basis of yield determined in accordance the quantity referred to in paragraph 1 is being with Article 1 of Council Regulation (EEC) No calculated : 431/681 of 9 April 1968 determining the standard quality for raw sugar and fixing the Community ( a ) quantities of white sugar produced from : frontier crossing point for calculating c.i.f. prices for sugar, in the case of raw sugar production ; — raw sugar or — svrups ( c) multiplied by the coefficient 1 , in the case of invert sugar production ; which were not produced in the factory or undertaking which manufactured such white (d) on the basis of extractable sugar content sugar ; determined in accordance with the provisions of the second subparagraph of paragraph 4 of this ( b ) quantities of white sugar produced from : Article, in the case of syrups produced prior to — raw sugar or the crystallising stage;

— syrups (e) on the basis of their content expressed in sucrose in accordance with Article 10 of Commission which were not produced during the marketing Regulation (EEC) No 839/682 of 28 June 1968 year in which white sugar was manufactured; on detailed rules for the application of export refunds on sugar, in the case of syrups which are (c) quantities of raw sugar produced from syrups not produced prior to the crystallising stage. which were not produced in the factory or undertaking which manufactured such raw sugar ; 4. Purity of syrups shall be calculated by dividing the total sugar content by the content of extractable (d) quantities of raw sugar produced from syrups sugar . which were not produced during the marketing The extractable content shall be calculated by year in which such raw sugar was manufactured ; subtracting the difference between the dry matter content and the polarimetric reading for that syrup, (e) quantities of raw sugar processed into white multiplied by 1-70, from the polarimetric reading for sugar during the marketing year in question by the syrup in question. the factory or undertaking which produced such raw sugar ; Dry matter content shall be determined in accordance with the areometric method . ( f) quantities of invert sugar and syrups processed into alcohol or rum ; Article 2 (g) quantities of syrups processed into sugar or invert sugar during the marketing year in question by 1 . Between 15 and 31 January of each year each the factory or undertaking which produced such Member State shall establish provisional sugar syrups ; production figures for the current marketing year for each factory and undertaking situated on its territory. (h) quantities of s>rups in treacle form and those to For the French departments of Guadeloupe and be processed into 'Rinse Appelstroop '; Martinique these dates shall be replaced by 15 and 30 (i ) quantities of sugar, invert sugar and syrups April. produced under inward processing arrangements ; 2 . Before 15 September of each year each Member (j ) quantities of invert sugar produced from syrups State shall establish definitive figures for sugar which were not produced by the factory or production in the preceding marketing year as at undertaking which manufactured such invert midnight on 30 June for each factory or undertaking sugar; situated on its territory.

(k) quantities of irvert sugar produced from syrups 3 . Where the production figures established which were not produced during the marketing pursuant to paragraph 2 are lower than those year in which such invert sugar was established pursuant to paragraph 1 , the quantity manufactured . carried forward pursuant to Article 32 of Regulation No 1009/67/EEC shall be adjusted by the Member 3 . Production shall be expressed in terms of white State concerned at the request of the individual sugar : ( a) differences in quality being disregarded, in the 1 OJ No L 89, 10.4.1968, p. 3 . case of white sugar production ; 2 OJ No L 151 , 30.6.1968, p . 47.

20 Official Journal of the European Communities

manufacturer within the limits of the difference marketing year in each Member State in accordance recorded . This adjustment will be retroactive to the with the criteria used by that Member State at the date on which the storage period referred to in that time of calculating the average annual sugar Article began . production of the factories or undertakings referred to in Article 23 of Regulation No 1009/67/EEC. 4 . Where the production figures established pursuant to paragraph 2 differ from those established Article 4 pursuant to paragraph 1 , and where the manufacturer has paid or should have paid a production levy in respect of that difference, the 1 . Before 1 January each year a provisional Member State shall make a retroactive adjustment to amount of the production levy shall be fixed for that the quantities subject to the production levy . year. It shall be fixed before 1 March 1969 for the 1968 /69 marketing year.

Article 3 2. ^ The provisional amount of the production levy shall be calculated for the relevant marketing year on 1 . For the purposes of Articles 25 , 27 and 32 of the basis of : Regulation No 1009/67/EEC, 'the sugar production of a factory or undertaking' means the quantity of (a ) estimated sugar production in the Community, sugar actually manufactured by that factory or by the ( b) estimated production in excess of the maximum factory or factories of that undertaking as the case quotas , may be. ( c) an estimate of quantities produced within the 2 . If, however, the two manufacturers in question maximum quotas to be carried forward to the following marketing year, make a written application to the Member State concerned, the quantity of sugar produced by an (d ) the guaranteed quantity, undertaking ( hereinafter called 'the processor') under a contract to make up work from materials supplied ( e) the sum of the basic quotas , shall be treated as part of the production of the (f) a standard amount per unit of weight to undertaking (hereinafter called 'the principal ') which compensate for losses incurred in disposing of had the sugar produced under that contract : sugar produced in excess of the guaranteed ( a) where, for reasons of force majeure, the beet, quantity . cane or molasses has to be processed into sugar in an undertaking other than that of the Article 5 principal ; or (b) where the proccessor's total sugar production is 1 . Member States shall collect from each sugar lower than his basic quota ; or manufacturer whose production is in excess of his (c) where the processor's total sugar production is basic quota in respect of that part of his production higher than his basic quota but lower than his in excess of his basic quota but within his maximum maximum quota and where the principal's total quota which is not carried forward pursuant to sugar production is higher than the basic quota ; Article 32 of Regulation No 1009/67/EEC : or ( a) before 1 April of the relevant marketing year, the (d ) where the processor's total sugar production and provisional amount of the production levy the principal's total sugar production are higher multiplied by 0-4 ; than their respective maximum quotas . (b) before the following 15 May, the provisional amount of the production levy multiplied by 0-3 ; 3 . Any sugar manufacturer wishing to invoke the provisions of paragraph 2 ( a) shall immediately (c) before the following 1 July, the provisional notify the Member State concerned giving the amount of the production levy multiplied by 0-3 . information necessary in support of his application . The Member State shall check such information . The 2 . The following dates shall however be Member State shall immediately transmit the substituted in respect of manufacturers in the French information supplied by the manufacturer and the departments of Guadeloupe and Martinique : results of its inquiries to the Commission. ( a) 1 October shall be substituted for 1 April ; 4. By way of derogation from the provisions of (b ) 15 November shall be substituted for 15 May; paragraphs 1 to 3 , the production of a factory or undertaking shall be calculated for the 1968 /69 (c) 1 January shall be substituted for 1 July.

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3 . Where the final amount of the production levy — the guaranteed quantity valid for that differs from the provisional amount, Member States marketing year, shall collect or refund the difference before the end of the second month following the entry into force of — quantities produced in excess of the the Regulation which fixes the final amount of the maximum quotas, production levy. — quantities within the maximum quota carried forward pursuant to Article 32 of Regulation 4. Where the maximum quota is fixed pursuant to No 1009 /67/EEC ; and the provisions of Article 31 of Regulation No 1009/67/EEC later than 1 April of the relevant marketing year, that portion of the production levy ( b ) a standard amount per unit of weight to collected pursuant to paragraph 1 of this Article on compensate losses incurred in disposing of that production which, by reason of the Member State's sugar . decision exceeds the maximum quota, shall be immediatelv reimbursed by that Member State. This standard amount shall be calculated on the basis of a weighted average of losses incurred in disposing of sugar during that marketing year; Article 6 losses incurred in disposing, under the most favourable conditions, of a quantity equal to the 1 . The final amount of the production levy valid difference between the guaranteed quantity and for a given marketing year shall be fixed before 1 the quantity disposed of for human consumption January of the following marketing year. within the Community during the same marketing year shall be excluded . 2 . Overall losses incurred in disposing of the quantity produced in the Community in excess of the guaranted quantity shall be calculated on the basis Article 7 of : ( a) total sugar production in the Community during This Regulation shall enter into force on the day the marketing year in question, expressed as following its publication in the Official Journal of the white sugar, minus : European Communities .

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

Done at Brussels, 25 January 1969 .

For the Commission

The President Jean REY