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.
document	COM(2005)263
date	February 20, 2006

ANNEX I

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

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’).

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.

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 %.

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.

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

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).

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.

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.

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

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).

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.

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.

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

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.

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.

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.

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.

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.

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.

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

–

Yoghurt:

0403 10 51 to 0403 10 99

– –	Flavoured or containing added fruit, nuts or cocoa

0403 90

–

Other:

0403 90 71 to 0403 90 99

– –	Flavoured or containing added fruit, nuts or cocoa

ex 0710

–	Vegetables (uncooked or cooked by steaming or by boiling in water), frozen:

0710 40 00

–

Sweetcorn

ex 0711

–	Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption:

0711 90

–	Other vegetables; mixtures of vegetables:

– –	Vegetables:

0711 90 30

–

Sweetcorn

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

–	Preparations for infant use, put up for retail sale

1901 20 00

–	Mixes and doughs for the preparations of bakers' wares of heading No 1905

1901 90

–

Other:

– –

Other:

1901 90 99

– – –

Other

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

–	Stuffed pasta, (whether or not cooked or otherwise prepared):

– –

Other:

1902 20 91

– – –

Cooked

1902 20 99

– – –

Other

1902 30

–	Other pasta

1902 40

–

Couscous:

1902 40 90

– –

Other

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

–	Crispbread

1905 20

–	Gingerbread and the like

1905 31

– –	Sweet biscuit

1905 32

– –	Waffles and wafers

1905 40

–	Rusks, toasted bread and similar toasted products

1905 90

–

Other:

– –

Other:

1905 90 45

– – –

Biscuits

1905 90 55

– – –

Extruded or expanded products, savoury or salted

1905 90 60

– – – –

With added sweetening matter

1905 90 90

– – – –

Other

ex 2001

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid:

2001 90

–

Other:

2001 90 30

– –	Sweetcorn (Zea mays var. saccharata)

2001 90 40

– –	Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch

ex 2004

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading No 2006:

2004 10

–

Potatoes:

– –

Other:

2004 10 91

– – –

In the form of flour, meal or flakes

2004 90

–	Other vegetables and mixtures of vegetables:

2004 90 10

– –	Sweetcorn (Zea mays var. saccharata)

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

–

Potatoes:

2005 20 10

– –	In the form of flour, meal or flakes

2005 80 00

–	Sweetcorn (Zea mays var. saccharata)

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:

–	Extracts, essences and concentrates of coffee and preparations with a basis of these products or with a basis of these extracts, essences or concentrates or with a basis of coffee:

– –	Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:

2101 12 98

– – –

Other

–	Extracts, essences and concentrates, of tea or mate, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or mate:

– –	Preparations:

2101 20 98

– – –

Other

–	Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:

– –	Roasted chicory and other roasted coffee substitutes:

2101 30 19

– – –

Other

– –	Extracts, essences and concentrates of roasted chicory and other roasted coffee substitute:

2101 30 99

– – –

Other

2105 00

Ice cream and other edible ice, whether or not containing cocoa

ex 2106

Food preparations not elsewhere specified or included:

2106 90

–

Other:

2106 90 10

– –	Cheese fondues

– –

Other:

2106 90 92

– – – – –

Containing no milk fats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5 % milk fat, 5 % sucrose or isoglucose, 5 % glucose or starch

2106 90 98

– – – – –

Other

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

–	Spirits obtained by distilling grape wine or grape marc:

2208 50 91 to 2208 50 99

Geneva

2208 70

Liqueurs and cordials

2208 90 41 to 2208 90 78

–	Other spirits and spirituous beverages

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

–	Of a kind used in the food or drink industries:

– –	Of a kind used in the drink industries:

– – –

Preparations containing all flavouring agents characterising a beverage:

– – – – –

Other (of an actual alcoholic strength by volume not exceeding 0,5 %):

3302 10 29

Other

ex Chapter 38

Miscellaneous chemical products:

3824 60

Sorbitol other than that of subheading 2905 44