Consolidated TEXT: 31975R0825 — EN — 01.01.1998

REGULATION (EEC) No 825/75 OF THE COMMISSION

of 25 March 1975

laying down special detailed rules for the application of export levies on sugar

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community;

Having regard to Council Regulation No 1009/67/EEC ( 1 ) of 18 December 1967 on the common organization of the market in sugar, as last amended by Regulation (EEC) No 2476/74 ( 2 ), and in particular Article 16 (4) and (5) thereof;

Whereas Article 16 of Regulation No 1009/67/EEC provides for an export levy, or where appropriate a special export levy, to be charged in certain circumstances; whereas the relevant general rules and detailed implementing rules are contained in Council Regulation (EEC) No 608/72 ( 3 ) of 23 March 1972 laying down rules to be applied in cases of considerable price rises on the world sugar market, and in Regulation (EEC) No 645/75 ( 4 ) laying down common detailed rules for the application of the export levies and charges on agricultural products;

Whereas Regulation (EEC) No 645/75 repealed the Regulations laying down detailed rules for the application of the export levy or special export levy on sugar without re-enacting certain provisions specifically applicable to that sector; whereas it is necessary to re-enact these specific provisions in a Regulation laying down the special detailed rules to be applied;

Whereas it is necessary, where there is a difference between the yield of the raw sugar concerned and that of raw sugar of the standard quality, to apply the same corrective factor as is applied, pursuant to Council Regulation (EEC) No 431/68 ( 5 ) of 9 April 1968 determining the standard quality for raw sugar and fixing the Community frontier crossing point for calculating cif prices for sugar, in the case of imports;

Whereas the determination of sucrose content, including other sugars expressed as sucrose, should be carried out in accordance with Commission Regulation (EEC) No 394/70 ( 6 ) of 2 March 1970 on detailed rules for granting export refunds on sugar;

Whereas, since trade in the products specified in Article 1 (1) (b) of Regulation No 1009/67/EEC is of a seasonal nature, it appears sufficient that the special export levy be in principle fixed only once each sugar marketing year for such products; whereas this levy should be charged per metric ton of product; whereas in calculating this levy account should be taken on a flat rate basis of the difference, per 100 kg of white sugar, between the average cif price of white sugar during a certain period and the threshold price of such sugar at the time when the special levy is fixed; whereas this difference must be multiplied by appropriate coefficients, which will in general correspond to the natural sucrose content, as recorded over the Community as a whole, of the relevant products;

Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

The object of this Regulation is to lay down special detailed rules for the application of export levies or special export levies on:

— beet sugar and cane sugar, solid, as specified in Annex I hereto,

— sugar syrups and other sugars, as specified in Annexes II and III hereto,

— sugar beet and sugar cane, as specified in Annex IV hereto.

Article 2

Where the yield of the raw sugar exported, as determined in accordance with Article 1 of Regulation (EEC) No 431/68, differs from the yield laid down for the standard quality, the levy to be charged per 100 kg of the said raw sugar shall be calculated by multiplying the export levy on standard quality raw sugar by a corrective factor. The corrective factor shall be obtained by dividing the percentage yield of the raw sugar exported by 92.

Article 3

1. In respect of the products specified in Annex II the special export levy shall in principle be fixed at regular intervals. The amount of such levy shall be fixed by reference to the amount of the special export levy applicable to white sugar taking into account the economic and technical aspects of the products concerned. The amount so fixed shall constitute the basic amount of the special export levy. Such basic amount shall be fixed per kilogramme of sucrose content, including the content of other sugars expressed as sucrose. Such contents shall be determined in accordance with Article 13 (1) to (3) of Regulation (EEC) No 394/70.

2. The special export levy per 100 kg of products as specified in Annexes II and III to this Regulation shall be equal to the basic amount multiplied by the measured sucrose content, including where appropriate the content of other sugars expressed as sucrose.

Article 4

1. In respect of the product specified in Annex IV the special export levy shall in principle be fixed, in units of account per metric ton, once for each sugar marketing year.

2. The amount of the levy shall be determined per metric ton of product by multiplying the difference, per 100 kg of white sugar, between the average cif price recorded during the three months preceding the month in which the said levy is fixed and the threshold price in force on the day of such fixing by a coefficient of:

(a) 1.6 in the case of fresh sugar beet, whole or sliced,

(b) 5.5 in the case of dried sugar beet, whole, sliced or powdered,

(c) 1.1 in the case of sugar cane.

Article 5

This Regulation shall enter into force on 31 March 1975.

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

ANNEX I

CN code	Description
ex17 01	Cane or beet sugar and chemically pure sucrose, in solid form:
	- Raw sugar not containing added flavouring or colouring:
ex17 01 11	- - Cane sugar exluding candy sugar
ex17 01 12	- - Beet sugar excluding candy sugar
	- Other:
ex17 01 99	- - Other:
1701 99 10	- - - White sugar

ANNEX II

CN code	Description
ex170191 00	Flavoured or coloured sugars, exluding sugar flavoured with vanilla, contained in immediate packing of a net weight not exceeding 2,5 kg
ex17 02	Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel:
ex170290 71	- - Caramel made from beet sugar or cane sugar:
	- - - Containing 50 % or more by weight of sucrose in the dry matter
1702 90 99	- Other, including invert (or inverted) sugar:
	- - Invert sugar and other syrups, excluding sucrose syrups with a purity (1) of not more than 97 % in immediate packings of a net content not exceeding 25 kg
ex210690 59	Flavoured or coloured sugar syrups, excluding syrups contained in immediate packings of a net content not exceeding 2,5 kg
(1) The purity of syrups shall be determined in accordance with the provisions of Article 13 (2) of Regulation (EEC) No 394/70.

ANNEX III

CN code	Description
ex170191 00	Sugar flavoured with vanilla, contained in immediate packings of a net content not exceeding 2,5 kg
ex17 02	Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel:
ex170260 95	- Other fructose and fructose syrup, containing in the dry state more than 50 % by weight of fructose
1702 90 60	- - Artificial honey, whether or not mixed with natural honey
ex170290 99	- Other, excluding invert sugar:
	- - Sucrose syrups with a purity (1) of not more than 97 % in immediate packings of a net content not exceeding 25 kg
ex210690 59	Flavoured or coloured sugar syrups, in immediate packings of a net content not exceeding 2,5 kg
(1) The purity of syrups shall be determined in accordance with the provisions of Article 13 (2) of Regulation (EEC) No 394/70.

ANNEX IV

CN code	Description
ex12 12	Locust beans, seaweeds and other algae, sugar beet and sugar cane, freh (SIC! fresh) or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included:
	- Other:
ex12 12 91	- - Sugar beet:
	- - - Fresh:
ex121291 10	- Of a sugar content equal to or greater than 2,5 %
1212 91 90	- - - Dried or powdered
1212 92 00	- - Sugar cane

( 1 ) OJ No 308, 18. 12. 1967, p. 1.

( 2 ) OJ No L 264, 1. 10. 1974, p. 70.

( 3 ) OJ No L 75, 28. 3. 1972, p. 5.

( 4 ) OJ No L 67, 14. 3. 1975, p. 16.

( 5 ) OJ No L 89, 10. 4. 1968, p. 3.

( 6 ) OJ No L 50, 4. 3. 1970, p. 1.

Regulation (EEC) No 825/75 of the Commission of 25 March 1975 laying down special detailed rules for the application of export levies on sugar

Corrected by