| CN Code | Description | |
|---|---|---|
| (a) | Sugar beet | |
| Sugar cane | ||
| (b) | Cane or beet sugar and chemically pure sucrose, in solid form | |
| (c) | Maple sugar and maple syrup | |
| Other sugars in solid form and sugar syrups, not containing added flavouring or colouring matter, but not including lactose, glucose, maltodextrine and isoglucose | ||
| Artificial honey, whether or not mixed with natural honey | ||
| Caramel containing 50 % or more by weight of sucrose in the dry matter | ||
| Flavoured or coloured sugar syrups, other than isoglucose, lactose, glucose and maltodextrine syrups | ||
| (d) | Isoglucose | |
| (e) | Inulin syrup | |
| (f) | Molasses resulting from the extraction or refining of sugar | |
| (g) | Flavoured or coloured isoglucose syrups | |
| (h) | Beet pulp, bagasse and other waste of sugar undertakings | |
Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector
Modified by
- Commission Regulation (EC) No 1585/2006of 24 October 2006amending Annex III to Council Regulation (EC) No 318/2006, 306R1585, October 25, 2006
- Council Regulation (EC) No 2011/2006of 19 December 2006adapting Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, Regulation (EC) No 318/2006 on the common organisation of the markets in the sugar sector and Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community, by reason of the accession of Bulgaria and Romania to the European Union, 306R2011, December 29, 2006
- Commission Regulation (EC) No 247/2007of 8 March 2007amending Annex III to Council Regulation (EC) No 318/2006 for the 2007/2008 marketing year, 307R0247, March 9, 2007
- Council Regulation (EC) No 1182/2007of 26 September 2007laying down specific rules as regards the fruit and vegetable sector, amending Directives 2001/112/EC and 2001/113/EC and Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1782/2003 and (EC) No 318/2006 and repealing Regulation (EC) No 2202/96, 307R1182, October 17, 2007
- Council Regulation (EC) No 1260/2007of 9 October 2007amending Regulation (EC) No 318/2006 on the common organisation of the markets in the sugar sector, 307R1260, October 27, 2007
Corrected by
- Corrigendum to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector, 306R0318R(01), August 30, 2006
-
1) "white sugars" means sugars, not flavoured or coloured or containing any other added substances, containing, in the dry state, 99,5 % or more by weight of sucrose, determined by the polarimetric method; 2) "raw sugars" means sugars, not flavoured or coloured or containing any other added substances, containing, in the dry state, less than 99,5 % by weight of sucrose, determined by the polarimetric method; 3) "isoglucose" means the product obtained from glucose or its polymers with a content by weight in the dry state of at least 10 % fructose; 4) "inulin syrup" means the immediate product obtained by hydrolysis of inulin or oligofructoses, containing in the dry state at least 10 % fructose in free form or as sucrose, and expressed as sugar/isoglucose equivalents. In order to avoid restrictions on the market for products with low sweetening power produced by inulin fibre processors without inulin syrup quota, this definition may be amended in accordance with the procedure referred to in Article 39(2); 5) "quota sugar", "quota isoglucose" and "quota inulin syrup" mean any quantity of sugar, isoglucose or inulin syrup production attributed to a specific marketing year under the quota of the undertaking concerned; 6) "industrial sugar" means any quantity of sugar production attributed to a specific marketing year over and above the sugar quantity referred to in point (5), intended for the production by the industry of one of the products referred to in Article 13(2); 7) "industrial isoglucose" and "industrial inulin syrup" mean any quantity of isoglucose or inulin syrup production attributed to a specific marketing year, intended for the production by the industry of one of the products referred to in Article 13(2); 8) "surplus sugar", "surplus isoglucose" and "surplus inulin syrup" mean any quantity of sugar, isoglucose or inulin syrup production attributed to a specific marketing year over and above the respective quantities referred to in points (5), (6) and (7); 9) "quota beet" means all sugar beet processed into quota sugar; 10) "delivery contract" means a contract concluded between a seller and an undertaking for the delivery of beet for the manufacture of sugar; 11) "agreement within the trade" means one of the following: -
(a) an agreement concluded at Community level, prior to the conclusion of any delivery contract, between a group of national undertakings' organisations on the one hand and a group of national sellers' organisations on the other; (b) an agreement concluded, prior to the conclusion of any delivery contract, between undertakings or an undertakings' organisation recognised by the Member State concerned on the one hand and a sellers' association recognised by the Member State concerned on the other; (c) in the absence of any agreement as referred to in point (a) or (b), the law on companies and the law on cooperatives, in so far as they govern the delivery of sugar beet by the shareholders or members of a company or cooperative manufacturing sugar; (d) in the absence of any agreement as referred to in point (a) or (b), the arrangements existing before the conclusion of any delivery contract, provided the sellers accepting the arrangement supply at least 60 % of the total beet bought by the undertaking for the manufacture of sugar in one or more factories;
-
12) "ACP/Indian sugar" means sugar falling within CN code 1701 originating in the States listed in Annex VI and imported into the Community under:-
Protocol 3 to Annex V to the ACP-EC Partnership Agreement, or the Agreement on cane sugar between the European Community and the Republic of India OJ L 190, 23.7.1975, p. 36 .
-
13) "full-time refiner" means a production unit: -
of which the sole activity consists of refining imported raw cane sugar, or which refined in the marketing year 2004/2005 a quantity of at least 15000 tonnes of imported raw cane sugar.
-
-
(a) EUR 631,9 per tonne for each of the marketing years 2006/2007 and 2007/2008; (b) EUR 541,5 per tonne for the marketing year 2008/2009; (c) EUR 404,4 per tonne as from the marketing year 2009/2010.
-
(a) EUR 496,8 per tonne for each of the marketing years 2006/2007 and 2007/2008; (b) EUR 448,8 per tonne for the marketing year 2008/2009; (c) EUR 335,2 per tonne as from marketing year 2009/2010.
-
(a) EUR 32,86 per tonne for the marketing year 2006/2007; (b) EUR 29,78 per tonne for the marketing year 2007/2008; (c) EUR 27,83 per tonne for the marketing year 2008/2009; (d) EUR 26,29 per tonne as from the marketing year 2009/2010.
-
quota sugar, out-of-quota sugar.
-
(a) the quantities of beet referred to in the first indent of paragraph 3, for which they have concluded pre-sowing delivery contracts and the sugar content on which those contracts are based; (b) the corresponding estimated yield.
-
(a) used for the processing of certain products as referred to in Article 13; (b) carried forward to the quota production of the next marketing year, in accordance with Article 14, (c) used for the specific supply regime for the outermost regions, in accordance with Title II of Regulation (EC) No 247/2006; or (d) exported within the quantitative limit fixed in accordance with the procedure referred to in Article 39(2) respecting the commitments resulting from agreements concluded under Article 300 of the Treaty.
-
(a) it has been subject to a delivery contract concluded before the end of the marketing year between a producer and a user which have both been granted approval under Article 17; and (b) it has been delivered to the user by 30 November of the following marketing year at the latest.
-
(a) bioethanol, alcohol, rum, live yeast and quantities of syrups for spreading and those to be processed into "Rinse appelstroop"; (b) certain industrial products without sugar content but the processing of which uses sugar, isoglucose or inulin syrup; (c) certain products of the chemical or pharmaceutical industry which contain sugar, isoglucose or inulin syrup.
-
(a) inform the Member State concerned before a date to be determined by this Member State: -
between 1 February and 30 June of the current marketing year for quantities of cane sugar being carried forward, between 1 February and 15 April of the current marketing year for others quantities of sugar or inulin syrup being carried forward;
-
(b) undertake to store such quantities at their own expense until the end of the current marketing year.
-
(a) surplus sugar, surplus isoglucose and surplus inulin syrup produced during any marketing year, except quantities carried forward to the quota production of the following marketing year and stored in accordance with Article 14 or quantities referred to in Article 12(c) and (d); (b) industrial sugar, industrial isoglucose and industrial inulin syrup for which no proof has been supplied, by a date to be determined, that it has been processed in one of the products referred to in Article 13(2); (c) sugar and isoglucose withdrawn from the market in accordance with Articles 19 and 19a and for which the obligations provided for in Article 19(3) are not met.
-
(a) proves his professional production capacities; (b) agrees to provide any information and to be subject to controls related to this Regulation; (c) is not subject to suspension or withdrawal of the approval.
-
(a) the quantities of beet or cane for which a delivery contract has been concluded, as well as the corresponding estimated yields of beet or cane, and sugar per hectare; (b) data regarding provisional and actual sugar beet, sugar cane and raw sugar deliveries, and regarding sugar production and statements of sugar stocks; (c) quantities of white sugar sold and corresponding prices and conditions.
-
has been produced under quota and manufactured from beet or cane harvested in the Community, has been the subject of a storage contract concluded between the seller and the intervention agency.
-
(a) may sell sugar at a price equal to or lower than the reference price referred to in the first subparagraph if the sugar is intended: -
for use as animal feed, or for export, either without further processing or after processing into products listed in Annex I to the Treaty or into goods listed in Annex VII to this Regulation, or for industrial use referred to in Article 13.
-
(b) are to make unprocessed sugar held by them available, for human consumption on the internal market of the Community, to charitable organisations — recognised by the Member State concerned or by the Commission in cases where a Member State has not recognised any such organisation — at a price which is lower than the current reference price or free of charge for the distribution as part of individual emergency aid operations.
-
(a) surplus sugar or surplus isoglucose available to become industrial sugar or industrial isoglucose; or (b) temporary quota production of which a part may be reserved for export respecting the commitments of the Community resulting from agreements concluded in accordance with Article 300 of the Treaty.
-
(a) the levying of any charge having equivalent effect to a customs duty; (b) the application of any quantitative restriction or measure having equivalent effect.
-
raw sugar for refining falling within CN codes 17011110 and17011210 , molasses falling within CN code 1703 .
-
(a) a method based on the chronological order of the lodging of applications ("first come, first served" principle); (b) a method of distribution in proportion to the quantities requested when the applications were lodged (using the "simultaneous examination method"); (c) a method based on taking traditional trade patterns into account (using the "traditional/new arrival method").
-
198748 tonnes for Bulgaria, 296627 tonnes for France,291633 tonnes for Portugal,329636 tonnes for Romania,19585 tonnes for Slovenia,59925 tonnes for Finland,1128581 tonnes for the United Kingdom.
-
(a) by 50000 tonnes in the marketing year 2007/2008 and by100000 tonnes as from the marketing year 2008/2009. These quantities shall be made available to Italy in the marketing years 2007/2008 and 2008/2009; (b) by 30000 tonnes as from the marketing year 2006/2007 and by a supplementary35000 tonnes as from the marketing year in which the sugar quota has been reduced by at least 50 %.
-
(a) the least developed countries under the arrangements referred to in Articles 12 and 13 of Regulation (EC) No 980/2005; (b) the States listed in Annex VI to this Regulation for the complementary quantity referred to in Article 29(4).
-
(a) the refund applicable to exports of products falling within CN code 17023091 ; (b) the refund applicable to exports of the products listed in Article 1(1)(c); (c) the economic aspects of the planned exports.
-
(a) is most suited to the nature of the product and the situation on the market in question, allowing the most efficient possible use of the resources available, account being taken of the efficiency and structure of Community exports without creating discrimination between the operators concerned and notably between large and small operators; (b) is least cumbersome administratively for operators, account being taken of administration requirements.
-
(a) at regular intervals; (b) by invitation to tender for products in respect of which provision was made for that procedure in the past.
-
(a) for the destination indicated on the licence, or (b) where appropriate, for the actual destination if this differs from the destination indicated on the licence, in which case, the amount applicable shall not exceed the amount applicable to the destination indicated on the licence.
-
all measures available under the other Articles of this Regulation have been taken, and the situation is likely to continue disturbing or threatening to disturb the market,
-
(a) detailed rules for the application of Articles 3 to 6, in particular those concerning increases and reductions of prices to be applied for deviations from the standard of the reference price referred to in Article 3(3) and the minimum price referred to in Article 5(3); (b) detailed rules for the application of Articles 7 to 10; (c) detailed rules for the application of Articles 12, 13, 14 and 15, and in particular the conditions for granting production refunds, the amounts of such refunds and the eligible quantities; (d) detailed rules regarding the establishment and the communications of the amounts referred to in Articles 8, 9, 15 and 16; (e) detailed rules for the application of Articles 26, 27 and 28. These rules may include in particular: -
(i) any suspension referred to in Article 26(2) and (3) which could be determined by a tendering procedure; (ii) the specification of the products to which additional import duties may be applied under Article 27; (iii) the annual tariff quotas under Article 28(1), if necessary suitably phased over the year, and the determination of the administrative method to be used which, where appropriate, shall include: -
guarantees covering the nature, provenance and origin of the product; recognition of the document used for verifying the guarantees referred to in the first indent; the conditions under which import licences shall be issued and their term of validity;
-
-
(f) detailed rules for the application of Articles 36 and 38; (g) detailed rules for the application of the provisions of Chapter 3 of Title III. These rules may include in particular: -
(i) detailed rules on the redistribution of exportable quantities which have not been allocated or utilised; (ii) the appropriate measures as referred to in Article 35.
-
-
(a) criteria to be applied by the sugar undertakings when allocating among beet sellers the quantities of beet to be covered by pre-sowing delivery contracts as referred to in Article 6(4); (b) amendments to Annexes I and II; (c) a derogation from the dates laid down in Article 14(2); (d) detailed rules for the application of Articles 16 to 19 and, in particular: -
(i) the supplementary information to be submitted by the approved operators; (ii) the criteria for sanctions, suspensions and withdrawal of approval of the operators; (iii) the granting of aids and the amount of aids for private storage provided for in Article 18(1); (iv) the minimum quality and quantity requirements, the price increases and reductions applicable, and the procedures and requirements for taking over by the intervention agencies, and for intervention buying in provided for in Article 18(2); (v) the percentage of withdrawn quota sugar referred to in Article 19(1); (vi) the conditions for the payment of the minimum price in case the withdrawn sugar is being sold on the Community market under Article 19(4);
-
(e) rules for the application of the derogation provided for in Article 23(1); (f) detailed rules for the application of Articles 29 and 30 and, in particular, to comply with international agreements: (i) amendments to the definition provided for in Article 2(12); (ii) amendments to Annex VI;
(g) measures in application of Article 37.
-
1) The following paragraph shall be added to Article 16: "3. France may grant national aid for the sugar sector in the French outermost regions, of up to EUR 60 million for the marketing year 2005/2006 and up to EUR 90 million for the marketing years 2006/2007 onwards. Articles 87, 88 and 89 of the Treaty shall not apply to the aid referred to in this paragraph. France shall inform the Commission within 30 days of the end of each marketing year of the amount of aid actually granted." 2) Article 23(2) shall be replaced by the following: "2. The Community shall finance the measures provided for in Titles II and III of this Regulation up to an annual maximum as follows: (million EUR) Financial year 2007 Financial year 2008 Financial year 2009 Financial year 2010 and further French overseas departments 126,6 133,5 140,3 143,9 Azores and Madeira 77,9 78,0 78,1 78,2 Canary Islands 127,3 127,3 127,3 127,3"
-
(a) to facilitate the transition from the market situation in the marketing year 2005/2006 to the market situation in the marketing year 2006/2007, in particular by reducing the quantity that may be produced under quota, and the transition from the rules provided for in Regulation (EC) No 1260/2001 to those established by this Regulation, and (b) to ensure compliance by the Community with its international obligations with regard to C sugar referred to in Article 13 of Regulation (EC) No 1260/2001 while avoiding any disruption of the sugar market in the Community.
-
(a) be of sound and fair merchantable quality; (b) have a sugar content of 16 % at the reception point.
-
1. White sugar of the standard quality shall have the following characteristics: -
(a) be of sound, genuine and merchantable quality; dry, in homogeneous granulated crystals, free-flowing; (b) minimum polarisation: 99,7°; (c) maximum moisture content: 0,06 %; (d) maximum invert sugar content: 0,04 %; (e) the number of points determined under paragraph 2 shall not exceed a total of 22, nor: -
15 for the ash content, 9 for the colour type, determined using the method of the Brunswick Institute of Agricultural Technology (hereinafter referred to as "the Brunswick method"), 6 for the colouring of the solution, determined using the method of the International Commission for Uniform Methods of Sugar Analysis (hereinafter referred to as "the ICUMSA method").
-
-
2. One point shall correspond to: -
(a) 0,0018 % of ash content determined using the ICUMSA method at 28° Brix, (b) 0,5 units of colour type determined using the Brunswick method, (c) 7,5 units of colouring of the solution determined using the ICUMSA method.
-
3. The methods for determining the factors referred to in paragraph 1 shall be those used for determining those factors under the intervention measures.
-
1. Raw sugar of the standard quality shall be sugar with a yield in white sugar of 92 %. 2. The yield of raw beet sugar shall be calculated by subtracting from the degree of polarisation of that sugar: -
(a) its percentage ash content multiplied by four; (b) its percentage invert sugar content multiplied by two; (c) the number 1.
-
3. The yield of raw cane sugar shall be calculated by subtracting 100 from the degree of polarisation of that sugar multiplied by two.
-
(a) sugar undertakings (hereinafter referred to as "manufacturers"), and (b) beet sellers (hereinafter referred to as "sellers").
-
1. Delivery contracts shall be made in writing for a specified quantity of quota beet. 2. Delivery contracts shall specify whether an additional quantity of beet may be supplied, and under what terms.
-
1. Delivery contracts shall indicate the purchase prices for the quantities of beet referred to in the first indent and, if appropriate, second indent, of Article 6(3). In the case of the quantities referred to in the first indent of Article 6(3), those prices may not be lower than the minimum price for quota beet referred to in Article 5(1). 2. Delivery contracts shall lay down a fixed sugar content for beet. They shall include a conversion scale showing the different sugar contents and factors for converting the quantities of beet supplied into quantities corresponding to the sugar content shown in the delivery contract. The scale shall be based on the yields corresponding to the different sugar contents. 3. Where a seller has signed a delivery contract with a manufacturer for the delivery of beet as referred to in the first indent of Article 6(3), all deliveries by that seller, converted in accordance with paragraph 2 of this Point, shall be considered to be deliveries within the meaning of the first indent of Article 6(3), up to the quantity of beet specified in the delivery contract. 4. Manufacturers producing a quantity of sugar lower than their quota beet for which they have signed pre-sowing delivery contracts under the first indent of Article 6(3), shall distribute the quantity of beet corresponding to any additional production up to the amount of their quota among the sellers with whom they have signed pre-sowing delivery contracts within the meaning of the first indent of Article 6(3). Agreements within the trade may derogate from this provision.
-
1. Delivery contracts shall contain provisions concerning the staggering and normal duration of beet deliveries. 2. Provisions referred to in paragraph 1 shall be those applicable during the previous marketing year, taking account of the level of actual production; agreements within the trade may derogate therefrom.
-
1. Delivery contracts shall provide for beet collection places. 2. Where sellers and manufacturers have already signed a delivery contract for the previous marketing year, the collection places agreed upon by them for deliveries during that marketing year shall remain in operation. Agreements within the trade may derogate from this provision. 3. Delivery contracts shall provide that loading and transport costs from the collection places are to be borne by the manufacturer subject to special agreements based on local rules or usages in operation before the previous marketing year. 4. However, in Denmark, Greece, Spain, Ireland, Portugal, Finland and the United Kingdom, where beet is delivered free-at-factory, delivery contracts shall require manufacturers to contribute to loading and transport costs and shall stipulate the percentage or amounts.
-
1. Delivery contracts shall provide for reception points for beet. 2. Where sellers and manufacturers have already signed a delivery contract for the previous marketing year, the reception points agreed upon by them for deliveries during that marketing year shall remain in operation. Agreements within the trade may derogate from this provision.
-
1. Delivery contracts shall provide for the sugar content to be determined using the polarimetric method. A sample of the beet shall be drawn at the time of reception. 2. Agreements within the trade may provide for samples to be drawn at another stage. In such cases, the delivery contract shall provide for a correction to compensate for any drop in the sugar content between the reception and the drawing of the sample.
-
(a) jointly, by the manufacturer and the beet growers' trade organisation, if an agreement within the trade so provides; (b) by the manufacturer, under the supervision of the beet growers' trade organisation; (c) by the manufacturer, under the supervision of an expert recognised by the Member State concerned, provided the seller defrays the costs thereof.
-
1. Delivery contracts shall require manufacturers to do one or more of the following for the whole quantity of beet delivered: -
(a) to return the fresh pulp from the tonnage of beet delivered free of charge to the seller, ex factory; (b) to return part of that pulp, pressed, dried or dried and molassed, free of charge to the seller, ex factory; (c) to return the pulp, pressed or dried, to the seller, ex factory; in this case, the manufacturer may require the seller to pay the pressing or drying costs; (d) to pay the seller compensation which takes account of the possibilities of selling the pulp concerned.
When parts of the whole quantity of beet delivered are subject to different treatment, the delivery contract shall impose more than one of the obligations provided for in the first subparagraph. -
2. Agreements within the trade may provide for pulp to be delivered at a stage other than that referred to in paragraph 1(a), (b) and (c).
-
1. Delivery contracts shall fix the time limits for any advance payments and for payment of the purchase price for beet. 2. The time limits referred to in paragraph 1 shall be those valid during the previous marketing year. Agreements within the trade may derogate from this provision.
-
1. Agreements within the trade as described in Article 2(11)(b) shall contain arbitration clauses. 2. Where agreements within the trade at Community, regional or local level lay down rules covering matters which are dealt with in this Regulation, or where they contain provisions governing other matters, their provisions and effects shall not conflict with this Annex. 3. Agreements referred to in paragraph 2 lay down, in particular: -
(a) rules on the distribution to sellers of quantities of beet which the manufacturer decides to buy prior to sowing, for the manufacture of sugar within the limits of the quota; (b) rules on distribution as referred to in Point III(4); (c) the conversion scale referred to in Point III(2); (d) rules on the choice and supply of seeds of the varieties of beet to be produced; (e) the minimum sugar content of beet to be delivered; (f) a requirement for consultation between the manufacturer and the sellers' representatives before the starting date of beet deliveries is fixed; (g) the payment of premiums to sellers for early or late deliveries; (h) details of: -
(i) the part of the pulp referred to in Point IX(1)(b), (ii) the costs referred to in Point IX(1)(c), (iii) the compensation referred to in Point IX(1)(d);
-
(i) the removal of pulp by the seller; (j) without prejudice to Article 5(1), rules on how any difference between the reference price and the actual selling price of the sugar is to be allocated between the manufacturer and sellers.
-
| (tonnes) | |||
| Belgium | |||
| Bulgaria | — | ||
| Czech Republic | — | — | |
| Denmark | — | — | |
| Germany | — | ||
| Ireland | — | — | |
| Greece | — | ||
| Spain | — | ||
| France (metropolitan) | — | ||
| French overseas departments | — | — | |
| Italy | — | ||
| Latvia | — | — | |
| Lithuania | — | — | |
| Hungary | — | ||
| Netherlands | |||
| Austria | — | — | |
| Poland | — | ||
| Portugal (mainland) | — | ||
| Autonomous Region of the Azores | — | — | |
| Romania | — | ||
| Slovenia | — | — | |
| Slovakia | — | ||
| Finland | — | ||
| Sweden | — | — | |
| United Kingdom | — | ||
| Total | |||
| Member states | Additional quota |
|---|---|
| Belgium | |
| Czech Republic | |
| Denmark | |
| Germany | |
| Greece | |
| Spain | |
| France (metropolitan) | |
| Ireland | |
| Italy | |
| Latvia | |
| Lithuania | |
| Hungary | |
| Netherlands | |
| Austria | |
| Poland | |
| Portugal (mainland) | |
| Slovakia | |
| Slovenia | |
| Finland | |
| Sweden | |
| United Kingdom | |
| Total | |
| Member states | Supplementary quota |
|---|---|
| Italy | |
| Lithuania | |
| Sweden | |
-
(a) "merger of undertakings" means the consolidation of two or more undertakings into a single undertaking; (b) "transfer of an undertaking" means the transfer or absorption of the assets of an undertaking having quota to one or more undertakings; (c) "transfer of a factory" means the transfer of ownership of a technical unit, including all the plant required to manufacture the product concerned, to one or more undertakings, resulting in the partial or total absorption of the production of the undertaking making the transfer; (d) "lease of a factory" means the leasehold contract of a technical unit including all the plant required for the manufacture of sugar, with a view to its operation, concluded for a period of at least three consecutive marketing years, which the parties agree not to terminate before the end of the third marketing year, with an undertaking which is established in the same Member State, as the factory concerned, if, after the lease takes effect, the undertaking which rents the factory can be considered a solely sugar-producing undertaking for its entire production.
-
1. Without prejudice to paragraph 2, in the event of the merger or transfer of sugar-producing undertakings or the transfer of sugar factories, the quota shall be adjusted as follows: -
(a) in the event of the merger of sugar-producing undertakings, the Member States shall allocate to the undertaking resulting from the merger a quota equal to the sum of the quotas allocated prior to the merger to the sugar-producing undertakings concerned; (b) in the event of the transfer of a sugar-producing undertaking, the Member State shall allocate the quota of the transferred undertaking to the transferee undertaking for the production of sugar or, if there is more than one transferee undertaking, the allocation shall be made in proportion to the sugar production absorbed by each of them; (c) in the event of the transfer of a sugar factory, the Member State shall reduce the quota of the undertaking transferring ownership of the factory and shall increase the quota of the sugar-producing undertaking or undertakings purchasing the factory in question by the quantity deducted in proportion to the production absorbed.
-
2. Where a number of the sugar-beet or cane growers directly affected by one of the operations referred to in paragraph 1 expressly show their willingness to supply their beet or cane to a sugar-producing undertaking which is not party to those operations, the Member State may make the allocation on the basis of the production absorbed by the undertaking to which they intend to supply their beet or cane. 3. In the event of closure, in circumstances other than those referred to in paragraph 1, of: -
(a) a sugar-producing undertaking; (b) one or more factories of a sugar-producing undertaking,
the Member State may allocate the part of the quotas involved in such closure to one or more sugar-producing undertakings. Also in the case referred to in point (b) of the preceding subparagraph, where some of the producers concerned expressly show their willingness to supply their beet or cane to a given sugar-producing undertaking, the Member State may allocate the proportion of the quotas corresponding to the beet or cane concerned to the undertaking which they intend to supply with those products. -
4. Where the derogation referred to in Article 6(6) is invoked, the Member State concerned may require the beet growers and the sugar undertakings concerned by that derogation to include in their agreements within the trade special clauses enabling the Member State to apply paragraphs 2 and 3 of this Point. 5. In the event of the lease of a factory belonging to a sugar-producing undertaking, the Member State may reduce the quota of the undertaking offering the factory for rent and allocate the portion by which the quota was reduced to the undertaking which rents the factory in order to produce sugar in it. If the lease is terminated during the period of three marketing years referred to in Point I (d) the adjustment of quota under the first subparagraph of this paragraph shall be cancelled retroactively by the Member State as at the date on which the lease took effect. However, if the lease is terminated by reason of force majeure , the Member State shall not be bound to cancel the adjustment.6. Where a sugar-producing undertaking can no longer ensure that it meets its obligations under Community legislation towards the sugar-beet or cane producers concerned, and where that situation has been ascertained by the competent authorities of the Member State concerned, the latter may allocate for one or more marketing years the part of the quotas involved to one or more sugar-producing undertakings in proportion to the production absorbed. 7. Where a Member State grants a sugar producing undertaking price and outlet guarantees for processing sugar beet into ethyl alcohol, that Member State may, in agreement with that undertaking and the beet growers concerned, allocate all or part of the sugar production quotas to one or more other undertakings for one or more marketing years.
-
(a) the interests of each of the parties concerned are taken into consideration; (b) the Member State concerned considers that they are likely to improve the structure of the beet, cane and sugar-manufacturing sectors; (c) they concern undertakings established in the same territory for which the quota is set in Annex III.
Barbados Belize Côte d'Ivoire Republic of the Congo Fiji Guyana India Jamaica Kenya Madagascar Malawi Mauritius Mozambique Saint Kitts and Nevis — Anguilla Suriname Swaziland Tanzania Trinidad and Tobago Uganda Zambia Zimbabwe
| CN Code | Description |
|---|---|
| Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa: | |
| Chemically pure fructose | |
| Sugar confectionery (including white chocolate), not containing cocoa, except liquorice extract of subheading No | |
| Chocolate and other food preparations containing cocoa | |
| Malt extract: food preparations of flour, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of heading Nos | |
| Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: | |
| Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, cornflakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included | |
| Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: | |
| Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: | |
| Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading No | |
| Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading No | |
| Extracts, essences and concentrates of coffee, tea or mate and preparations with a basis of these products or with a basis of coffee, tea or mate; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: | |
| Ice cream and other edible ice, whether or not containing cocoa | |
| Food preparations not elsewhere specified or included: | |
| Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading No | |
| Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances | |
| Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol.; spirits, liqueurs and other spirituous beverages: | |
| Geneva | |
| Liqueurs and cordials | |
| Mannitol | |
| D-glucitol (sorbitol) | |
| Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages: | |
| Other | |
| ex Chapter 38 | Miscellaneous chemical products: |
| Sorbitol other than that of subheading |
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(a) "percentage at Member State level" means the percentage to be established in accordance with point 2 for the purpose of determining the total quantity to be reduced at the level of the Member State concerned; (b) "common percentage" means the common percentage established by the Commission in accordance with the first subparagraph of Article 10(2); (c) "reduction" means the figure obtained by dividing the total renunciation of quotas in the Member State by the national quotas as fixed in Annex III to this Regulation in the version applicable on 1 July 2006 . For those Member States which were not members of the Community on1 July 2006 , the reference to Annex III concerns the version applicable on the date of their accession to the Community.
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(a) "applicable percentage" means the percentage to be established in accordance with point 2 and applicable to the quota allocated to the undertaking concerned; (b) "common percentage at Member State level" means the percentage calculated for the Member State concerned as: Qty / Σ [(1 – R/K) × Q] with Qty the quantity to be reduced at the level of the Member State referred to in Annex VIII point 1(a), R renunciation referred under (c) for a given undertaking, Q the quota of the same given undertaking available at the end of February 2010, K the figure calculated under (d), Σ refers to the sum of the product of (1 – R/K) × Q calculated for each undertaking holding a quota in the territory of the Member State; when the product is below zero, it shall be equal to zero; (c) "renunciation" means the figure obtained by dividing the quantity of quotas renounced by the undertaking concerned by its quota as allocated in accordance with Article 7 and paragraphs 1 to 3 of Article 11; (d) "K" is calculated in each Member State by dividing the total reduction of quota in that Member State (voluntary renunciations plus the quantity to be reduced at the level of Member State referred to in Annex VIII point 1(a)) by its initial quota as fixed in Annex III to this Regulation in the version applicable on 1 July 2006 . For those Member States which were not members of the Community on1 July 2006 , the reference to Annex III concerns the version applicable on the date of their accession to the Community.
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(a) "coefficient at Member State level" means the coefficient to be established in accordance with point 2; (b) "reduction" means the figure obtained by dividing the total renunciation of sugar quotas in the Member State, including renunciations in the marketing year to which the withdrawal applies, by the national sugar quotas as fixed in Annex III to this Regulation in the version applicable on 1 July 2006 ; for those Member States which were not members of the Community on1 July 2006 , the calculation should take account of the version of Annex III applicable on the date of their accession to the Community;(c) "coefficient" means the coefficient established by the Commission in accordance with Article 19(2).