31970R0442

140 Official Journal of the European Communities

No L 55/ 10 Official Journal of the European Communities 10.3.70

REGULATION (EEC) No 442/70 OF THE COMMISSION

of 9 March 1970 laying down detailed rules for the application of the system of offsetting storage costs for sugar

THE COMMISSION OF THE EUROPEAN COM­ the conditions for granting that approval are not MUNITIES , fulfilled and when it cannot be excepted that they will be fulfilled in the future ; Having regard to the Treaty establishing the European Economic Community ; Whereas each Member State has its own particular situation and should therefore be given additional discretion to impose further conditions and, on the Having regard to Council Regulation No 1009/67/EEC 1 of 18 December 1967 on the common basis of these, to withdraw its approval; organisation of the market in sugar, as last amended by Regulation (EEC) No 2485 /69,2 and in particular Whereas, pursuant to Regulation (EEC) No 750/68 , Article 8 ( 3 ) thereof; reimbursements are granted only for quantities of white and raw sugar produced within the maximum Whereas Council Regulation (EEC) No 750/683 of 18 quota and stored in a warehouse approved by the Member State on whose territory the warehouse is June 1968 laying down general rules for offsetting storage costs for sugar, as last amended by situated ; whereas, therefore, it is necessary to limit Regulation (EEC) No 1394/69,4 provides for the approval in relation to the facilities for supervision reimbursement of storage costs not only to every by Member States and to compel those entitled to sugar manufacturer to whom a basic quota has been reimbursements to facilitate such supervision ; allocated and to every sugar refiner, but also to every manufacturer of powdered, lump or candy sugar or Whereas, inclusion in the system of offsetting storage specialised sugar trader who has been approved by costs of certain syrups within the meaning of Article the Member State on whose territory he is 8 of Regulation No 1009/67/EEC, which must later established ; be processed under supervision into sugar in the solid state, necessitates such syrups being stored in special Whereas the extension of reimbursement to include reservoirs ; these trades makes it neccessary to define the concepts of a manufacturer of powdered, lump or candy sugar Whereas, in order not to favour manufacturers and 0 a specialised sugar trader; whereas, for this producing part of their sugar from syrup rather than purpose, it is necessary to lay down certain objective those who produce it only from beet which has been criteria to be used for assessment, in particular as stored sometimes for a period of up to one month, regards substantial participation in storing; reimbursement should not be granted for such syrups for the month of production ; Whereas, in order not to hinder possible development of these activities, any applicant likely to fulfil the Whereas the reimbursements and the levies for syrups required conditions in the future should be approved ; should be calculated according to the extractable sugar content in order to avoid reimbursement for Whereas, in order to avoid abuse, approval must be the storing of the molasses contained in those syrups ; withdrawn, where appropriate retroactively, when whereas the extractable sugar content is determined according to the standard method fixed uniformly for the Community in Article 1 (4) of Commission 1 OJ No 308, 18.12.1967, p. 1 . Regulation (EEC) No 142/695 of 25 January 1969 2 OJ No L 314, 15.12.1969, p. 6. 3 OJ No L 137, 21.6.1968, p. 4. 4 OJ No L 179, 21.7.1969, p . 3 . 5 OJ No L 20, 27.1.1969, p. 1 .

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laying down certain detailed rules for the application practices in force in Member States, a maximum time of the quota system for sugar ; limit of three months should be taken as a basis ;

Whereas it is not the object of the system of Whereas the reimbursement of storage costs applies offsetting storage costs to offset the costs of packing only to the quantities of white sugar, of raw sugar the sugar; whereas, therefore, it is the net weight of and of syrups within the meaning of Article 8 of quantities stored or disposed of that should be taken Regulation No 1009/67/EEC produced within the into account with regard to reimbursements and limit of the maximum quota; whereas, however, in a levies ; case where the provisions of Article 30 of Regulation No 1009/67/EEC are not applicable it is only known towards the end of the sugar marketing season Whereas the method of calculating reimbursements and levies must not, in the case of raw sugar, give whether any quantities of sugar have been produced in excess of the maximum quota; whereas, for that rise to distortion of competition between that sugar reason, the manufacturers have been able, and white sugar; whereas, to this end, raw sugar meanwhile, to benefit from a reimbursement to should be expressed in terms of white sugar, taking which they were not entitled; whereas, therefore, account of the yield formula laid down in Council measures should be taken for the repayment of such Regulation (EEC) No 431 /68 1 of 9 April 1968 laying reimbursement for the quantities in question ; down the standard quality for raw sugar and fixing the Community frontier crossing point for calculating c.i.f. prices for sugar; Whereas Article 8 of Regulation (EEC) No 750/68 lays down that the levy shall be due on a date within the period between the date on which the sugar in Whereas the second subparagraph of Article 3 (1) of question is disposed of and the end of the month Regulation (EEC) No 750/68 provides that, in special following that of disposal ; whereas the concept circumstances, special provisions may be adopted to 'disposal' should be more clearly defined; deal with sugar in transit at the beginning of a month; whereas such special circumstances prevail in respect of raw sugar produced in French overseas Whereas a manufacturer may be required to pay the departments, in that practically none of the levy while at the same time being entitled to collect production is consumed on the spot; whereas the the reimbursement; whereas consequently manufac­ long distance between these departments and Europe turers should have the right to set off levies and, means that transport takes several weeks ; whereas, reimbursements; therefore, it is unavoidable that such sugar, as a general rule, should be in transit on the first day of a Whereas, to enable Member States to exercise calendar month; whereas, in view of the minimum effective supervision every claimant must time taken up in transport, reimbursement should be communicate the necessary information to the limited to less than one month; Member State ;

Whereas, under Article 5 of Regulation (EEC) No Whereas the measures provided for in this Regulation 750/68, financing costs are to be taken into account are in accordance with the Opinion of the for fixing the amount of reimbursement; whereas Management Committee for Sugar; therefore it is appropriate not to grant the reimbursement of storage costs when the refund in respect of the sugar has been financed in advance HAS ADOPTED THIS REGULATION : pursuant to Council Regulation (EEC) No 441/692 of 4 March 1969 laying down further general rules on Article 1 granting export refunds for products coming under a common price system, exported in the natural state 1 . Approval as referred to in Article 2 ( 1 ) of or in the form of goods not listed in Annex II to the Regulation (EEC) No 750/68 shall be granted by Treaty, as last amended by Regulation (EEC) No Member States to any manufacturer of powdered, 1905/693 ; lump or candy sugar or any specialised sugar trader within the meaning of this Regulation. Whereas claimants should be able to collect reimbursements as soon as possible; whereas, 2. For the purposes of this Regulation : therefore, rapid payment of reimbursements should be envisaged; whereas in view of administrative (a) 'a manufacturer of powdered, lump or candy sugar' means a person : 1 OJ No L 89, 10.4.1968, p. 3 . — who is engaged in making from sugar in the 2 OJ No L 59, 10.3.1969, p. 1 . unaltered state only sugars falling within 3 OJ No L 247, 1.10.1969, p. 1 . heading No 17.01 or 17.02 of the Common

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Customs Tariff which have different physical can be carried out and on condition that the owner characteristics from the sugar used in the of the sugar or syrup ensures that such supervision is process ; and always possible.

— whose stocks during a marketing year, recorded at the end of each month in Article 3 approved warehouses, are on average not less , than 200 metric tons ; The reimbursement and the levy shall be fixed per (b) 'a specialised sugar trader' means a person: 100 kg of white sugar. They shall be uniform for each unit of weight whatever the quality of the white — one of whose main activities consists of sugar in question . wholesale dealing in sugar and who purchases a minimum quantity of 10 000 metric tons of Community sugar in each marketing year ; Article 4

— who does not carry on a retail business in 1 . To calculate the reimbursement for raw cane sugar ; and sugar, this sugar shall be converted into white sugar — whose stocks during a marketing year, by multiplying the quantity of raw sugar by the coefficient 0*98 . recorded at the end of each month in approved warehouses, are on average not less than 500 metric tons . To calculate the reimbursement for raw beet sugar, this sugar shall be converted into white sugar Member States may impose additional conditions for according to one of the following methods at the granting the approval. ' . choice of the Member State concerned :

( a) by multiplying the quantity of raw sugar by the 3 . Approval shall be granted to any applicant who coefficient 0-92 ; or is likely to fulfil in the future the conditions set out in paragraph 2. (b) on the basis of its yield ascertained according to the provisions of Article 1 of Regulation (EEC) No 431 /68 . 4. From the end of the marketing year 1970/71 onwards, except in cases of force majeure, approval shall be withdrawn with retroactive effect for the last 2. To calculate the contribution for raw sugar, this marketing year; sugar shall be converted into white sugar on the basis (a) from manufacturers of powdered, lump or candy of its yield ascertained according to the provisions of sugar whose stocks, recorded at the end of each Article 1 of Regulation (EEC) No 431/68 . month in approved warehouses, are on average less than 160 metric tons for such last marketing 3 . To calculate the reimbursement and the levy, year ; the net weight of the quantity of sugar shall be taken as a basis . (b) from specialised sugar traders whose stocks recorded at the end of each month in approved warehouses, are on average less than 400 metric tons, for such last marketing year. Article 5

Except where the conditions referred to in paragraph 1 . Reimbursement of storage costs shall be granted 3 are fulfilled, approval shall be withdrawn when, for in respect of cane sugar from the French overseas the last sugar season, the conditions referred to in departments, which is in transit at 0.00 hours on the the first subparagraph of paragraph 2 have not been first day of a calendar month and which, on arrival, fulfilled. Approval may be withdrawn whenever the is stored in an approved warehouse. Reimbursement conditions set out in the second subparagraph of shall be granted only to claimants coming within paragraph 2 are not fulfilled. Article 2 ( 1 ) of Regulation (EEC ) No 750/68 who were the owners of the sugar at the time of storage as referred to in the preceding paragraph. Article 2

Approval as referred to in Article 3 ( 1 ) of Regulation 2. However, for the sugar referred to in paragraph (EEC) No 750/68 shall only be granted by Member 1 , reimbursement shall be limited to a period equal to States to warehouses where the necessary supervision three quarters of one month.

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Article 6 (a) exit of the sugar from the factory in which it was made, where the sugar does not enter an 1 . The reimbursement and the levy for syrups approved warehouse of the manufacturer of the within the meaning of Article 8 of Regulation No sugar ; 1009/67/EEC shall be calculated on the basis of their (b) exit from the approved warehouse of the sugar extractable sugar content. manufacturer; however, transfer of the sugar The extractable sugar content shall be determined from one approved warehouse to another according to the provisions of Article 1 (4) of approved warehouse of the same manufacturer Regulation (EEC) No 142/69. shall not be considered as disposal;

( c) transfer of property rights to the sugar to another 2. For reimbursement for syrup, the quantity to be claimant for reimbursement of storage costs taken into consideration for one month shall equal without exit of the sugar from the approved the arithmetical average of the quantities held in store warehouse of the manufacturer; at the beginning and at the end of the month in question, the latter quantity having the quantity (d) processing by the manufacturer of the sugar and produced during the month in question deducted syrups into products other than those falling from it. If the quantity produced during the month in within heading No 17.01 of the Common question is greater than the amount held in store at Customs Tariff; the end of that month, the latter quantity shall be considered as being equal to zero. (e) denaturing of the sugar;

(f) exit, as a result of transfer of ownership, of 3 . For the purposes of Article 8 of Regulation No syrups from the reservoirs of the manufacturer 1009/67/EEC, 'certain syrups produced prior to the referred to in Article 6? crystallising stage' means syrups falling within heading No 17.02 of the Common Customs Tariff (g) the moment at which the sugar or syrups become which are later processed into sugar in the solid state subject to one of the systems referred to in under customs control or an administrative control Article 2 or 3 of Regulation (EEC ) No 441 /69 . providing equivalent security and which are stored in special reservoirs separated from the sugar manufacturing plant. 3 . Each manufacturer may set off his reimbursements against his levies.

Article7¶

Article 10 Reimbursement shall not be granted for products subject to one of the systems referred to in Articles 2 1 . All claimants for reimbursement shall and 3 of Regulation (EEC) No 441/69. communicate at the latest on the fifteenth day of each month to the Member State in question : Article 8 ( a) the total of the net quantities of sugar and syrup qualifying for the reimbursement held in his store Where a Member State decides that the provisions of at midnight on the last day of the month Article 30 of Regulation No 1009/67/EEC shall not preceding that of the communication; apply to its territory, it shall demand repayment of any reimbursement made for the quantities of sugar (b) a breakdown of the quantities referred to in ( a) which, by reason of its decision, are found to have among the various warehouses in which his sugar been produced in excess of the maximum quota. and syrups are stored.

Article 9 2. Each manufacturer shall communicate, together with the information referred to in paragraph 1, and 1 . Reimbursement of storage costs shall be made broken down according to the provisions of Article 9 at the latest at the end of the third month following (2), the quantities disposed of during the month that for which the reimbursement is due. preceding that of the communication and produced within his maximum quota . 2. For calculating sums relating to the levy and as long as the latter is not already due, 'disposal', for the purposes of Article 8 of Regulation (EEC) No 3 . Member States may require additional 750/68 , means : information to be communicated to them.

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Article11¶

Commission Regulation (EEC) No 774/68 1 of 24 This Regulation shall come into force on the third June 1968 establishing detailed rules of application day following its publication in the Official Journal for offsetting storage costs for sugar, as last amended of the European Communities. by Regulation (EEC) No 2565/69,2 is hereby repealed.

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

Done at Brussels, 9 March 1970.

For the Commission

The President

Jean REY

1 OJ No L 142, 25.6.1968, p. 6. 2 OJ No L 321 , 23.12.1969, p. 17.