Annexes to COM(2005)263-1 - Common organisation of the markets in the sugar sector - Main contents
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dossier | COM(2005)263-1 - Common organisation of the markets in the sugar sector. |
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document | COM(2005)263 ![]() |
date | February 20, 2006 |
STANDARD QUALITIES
POINT I
Standard quality for sugar beet
Standard quality beet shall:
(a) | be of sound and fair merchantable quality; |
(b) | have a sugar content of 16 % at the reception point. |
POINT II
Standard quality for white sugar
1. | White sugar of the standard quality shall have the following characteristics:
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2. | One point shall correspond to:
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3. | The methods for determining the factors referred to in paragraph 1 shall be those used for determining those factors under the intervention measures. |
POINT III
Standard quality for raw sugar
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:
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3. | The yield of raw cane sugar shall be calculated by subtracting 100 from the degree of polarisation of that sugar multiplied by two. |
ANNEX II
PURCHASE TERMS FOR BEET
POINT I
For the purposes of this Annex ‘Contracting Parties’ means:
(a) | sugar undertakings (hereinafter referred to as ‘manufacturers’), and |
(b) | beet sellers (hereinafter referred to as ‘sellers’). |
POINT II
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. |
POINT III
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. |
POINT IV
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. |
POINT V
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. |
POINT VI
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. |
POINT VII
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. |
POINT VIII
Delivery contracts shall provide for gross weight, tare and sugar content to be determined using one of the following procedures:
(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. |
POINT IX
1. | Delivery contracts shall require manufacturers to do one or more of the following for the whole quantity of beet delivered:
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). |
POINT X
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. |
POINT XI
Where delivery contracts lay down rules covering matters which are dealt with in this Annex, or where they contain provisions governing other matters, their provisions and effects shall not conflict with this Annex.
POINT XII
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:
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POINT XIII
Where there is no set agreement within the trade as to how the quantities of beet intended for the manufacture of sugar within the quota limits which the manufacturer offers to buy before sowing should be allocated among the sellers, the Member State concerned may itself lay down rules for such allocation.
Those rules may also grant to traditional sellers of beet to cooperatives delivery rights other than those which they would enjoy if they belonged to such cooperatives.
ANNEX III
NATIONAL AND REGIONAL QUOTAS
(tonnes) | |||
Member States or regions (1) | Sugar (2) | Isoglucose (3) | Inulin Syrup (4) |
Belgium | 819 812 | 71 592 | 215 247 |
Czech Republic | 454 862 | — | — |
Denmark | 420 746 | — | — |
Germany | 3 416 896 | 35 389 | — |
Greece | 317 502 | 12 893 | — |
Spain | 996 961 | 82 579 | — |
France (metropolitan) | 3 288 747 | 19 846 | 24 521 |
French overseas departments | 480 245 | — | — |
Ireland | 199 260 | — | — |
Italy | 1 557 443 | 20 302 | — |
Latvia | 66 505 | — | — |
Lithuania | 103 010 | — | — |
Hungary | 401 684 | 137 627 | — |
Netherlands | 864 560 | 9 099 | 80 950 |
Austria | 387 326 | — | — |
Poland | 1 671 926 | 26 781 | — |
Portugal (mainland.) | 69 718 | 9 917 | — |
The autonomous region of the Azores | 9 953 | — | — |
Slovakia | 207 432 | 42 547 | — |
Slovenia | 52 973 | — | — |
Finland | 146 087 | 11 872 | — |
Sweden | 368 262 | — | — |
United Kingdom | 1 138 627 | 27 237 | — |
Total | 17 440 537 | 507 680 | 320 718 |
ANNEX IV
POINT I
ADDITIONAL QUOTAS FOR SUGAR
(tonnes) | |
Member states | Additional quota |
Belgium | 62 489 |
Czech Republic | 20 070 |
Denmark | 31 720 |
Germany | 238 560 |
Greece | 10 000 |
Spain | 10 000 |
France (metropolitan) | 351 695 |
Ireland | 10 000 |
Italy | 10 000 |
Latvia | 10 000 |
Lithuania | 8 985 |
Hungary | 10 000 |
Netherlands | 66 875 |
Austria | 18 486 |
Poland | 100 551 |
Portugal (mainland) | 10 000 |
Slovakia | 10 000 |
Slovenia | 10 000 |
Finland | 10 000 |
Sweden | 17 722 |
United Kingdom | 82 847 |
Total | 1 100 000 |
POINT II
SUPPLEMENTARY QUOTAS FOR ISOGLUCOSE
(tonnes) | |
Member states | Supplementary quota |
Italy | 60 000 |
Lithuania | 8 000 |
Sweden | 35 000 |
ANNEX V
DETAILED RULES ON TRANSFERS OF SUGAR OR ISOGLUCOSE QUOTAS
POINT I
For the purposes of this Annex:
(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. |
POINT II
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:
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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:
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. |
POINT III
In the event of the merger or transfer of isoglucose-producing undertakings or the transfer of an isoglucose-producing factory, the Member State may allocate the quotas involved for the production of isoglucose to one or more other undertakings, whether or not they have a production quota.
POINT IV
The measures taken pursuant to Points II and III may take effect only if the following conditions are met:
(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. |
POINT V
When the merger or transfer occurs between 1 October and 30 April of the following year, the measures referred to in Points II and III shall take effect for the current marketing year.
When the merger or transfer occurs between 1 May and 30 September of the same year, the measures referred to in Points II and III shall take effect for the following marketing year.
POINT VI
Where Article 10(3) is applied, Member States shall allocate the adjusted quotas by the end of February at the latest with a view to applying them in the following marketing year.
POINT VII
Where Points II and III are applied, Member States shall inform the Commission of the adjusted quotas not later than 15 days after the expiry of the periods referred to in Point V.
ANNEX VI
STATES REFERRED TO IN ARTICLE 2(12)
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
ANNEX VII
PROCESSED PRODUCTS
CN Code | Description | ||
ex 0403 | 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: | ||
0403 10 |
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0403 10 51 to 0403 10 99 |
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0403 90 |
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0403 90 71 to 0403 90 99 |
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ex 0710 |
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0710 40 00 |
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ex 0711 |
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0711 90 |
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0711 90 30 |
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1702 50 00 | Chemically pure fructose | ||
ex 1704 | Sugar confectionery (including white chocolate), not containing cocoa, except liquorice extract of subheading No 1704 90 10 | ||
1806 | Chocolate and other food preparations containing cocoa | ||
ex 1901 | 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 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: | ||
1901 10 00 |
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1901 20 00 |
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1901 90 |
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1901 90 99 |
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ex 1902 | 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: | ||
1902 20 |
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1902 20 91 |
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1902 20 99 |
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1902 30 |
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1902 40 |
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1902 40 90 |
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1904 | 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 | ||
ex 1905 | 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: | ||
1905 10 00 |
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1905 20 |
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1905 31 |
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1905 32 |
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1905 40 |
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1905 90 |
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1905 90 45 |
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1905 90 55 |
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1905 90 60 |
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1905 90 90 |
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ex 2001 | Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: | ||
2001 90 |
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2001 90 30 |
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2001 90 40 |
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ex 2004 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading No 2006: | ||
2004 10 |
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2004 10 91 |
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2004 90 |
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2004 90 10 |
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ex 2005 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading No 2006): | ||
2005 20 |
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2005 20 10 |
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2005 80 00 |
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ex 2101 | 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: | ||
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2101 12 98 |
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2101 20 98 |
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2101 30 19 |
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2101 30 99 |
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2105 00 | Ice cream and other edible ice, whether or not containing cocoa | ||
ex 2106 | Food preparations not elsewhere specified or included: | ||
2106 90 |
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2106 90 10 |
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2106 90 92 |
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2106 90 98 |
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2202 | 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 2009 | ||
2205 | Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances | ||
ex 2208 | Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol.; spirits, liqueurs and other spirituous beverages: | ||
2208 20 |
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2208 50 91 to 2208 50 99 | Geneva | ||
2208 70 | Liqueurs and cordials | ||
2208 90 41 to 2208 90 78 |
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2905 43 00 | Mannitol | ||
2905 44 | D-glucitol (sorbitol) | ||
ex 3302 | 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: | ||
3302 10 |
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3302 10 29 | Other | ||
ex Chapter 38 | Miscellaneous chemical products: | ||
3824 60 | Sorbitol other than that of subheading 2905 44 |