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Document 02006R0967-20141205
Commission Regulation (EC) No 967/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards sugar production in excess of the quota
Consolidated text: Commission Regulation (EC) No 967/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards sugar production in excess of the quota
Commission Regulation (EC) No 967/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards sugar production in excess of the quota
02006R0967 — EN — 05.12.2014 — 005.001
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COMMISSION REGULATION (EC) No 967/2006 of 29 June 2006 (OJ L 176 30.6.2006, p. 22) |
Amended by:
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Official Journal |
||
No |
page |
date |
||
L 365 |
52 |
21.12.2006 |
||
L 235 |
7 |
2.9.2008 |
||
L 256 |
15 |
30.9.2010 |
||
COMMISSION IMPLEMENTING REGULATION (EU) No 994/2013 of 16 October 2013 |
L 276 |
1 |
17.10.2013 |
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COMMISSION IMPLEMENTING REGULATION (EU) No 1278/2014 of 1 December 2014 |
L 346 |
26 |
2.12.2014 |
Corrected by:
COMMISSION REGULATION (EC) No 967/2006
of 29 June 2006
laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards sugar production in excess of the quota
CHAPTER I
SCOPE AND DEFINITIONS
Article 1
Scope
This Regulation lays down the conditions for the use or carry-forward of quantities of sugar, isoglucose and inulin syrup produced in excess of the quota and the rules on the levy charged on the surplus in accordance with Chapter 3 of Title II of Regulation (EC) No 318/2006.
Article 2
Definitions
For the purposes of this Regulation:
‘raw material’ means sugar, isoglucose or inulin syrup;
‘industrial raw material’ means industrial sugar, industrial isoglucose or industrial inulin syrup as referred to in Article 2(6) and (7) of Regulation (EC) No 318/2006;
‘manufacturer’ means an undertaking producing raw materials, approved in accordance with Article 17 of Regulation (EC) No 318/2006;
‘processor’ means an undertaking processing the raw material into one or more of the products referred to in the Annex, approved in accordance with Article 5 of this Regulation.
Quantities of raw materials and of industrial raw materials shall be expressed in tonnes of white sugar equivalent or in tonnes of dry matter in the case of isoglucose.
CHAPTER II
LEVY
Article 3
Amount
Should Member States make use of the possibility foreseen in Article 19(3), the deadlines laid down in the first subparagraph shall be 1 November and 1 December respectively.
Article 4
Surplus subject to levy
However, the levy shall not be charged on the quantities referred to in paragraph 1 which have been:
delivered to a processor on 30 November of the following marketing year at the latest to be used in the manufacture of the products referred to in the Annex;
carried forward in accordance with Article 14 of Regulation (EC) No 318/2006 and, in the case of sugar, stored by the manufacturer until the last day of the marketing year in question;
delivered before 31 December of the following marketing year in the context of the specific supply arrangements for the outermost regions provided for in Title II of Regulation (EC) No 247/2006;
exported before 31 December of the following marketing year under an export licence;
destroyed or damaged without possibility of recovery, in circumstances recognised by the competent authority of the Member State concerned.
Sugar manufacturers shall also communicate, where appropriate, before the end of each of the following months, the adjustments to this production made in the course of the previous month of that marketing year.
Should Member States make use of the possibility foreseen in Article 19(3), the deadline laid down in the first subparagraph shall be 31 December.
CHAPTER III
INDUSTRIAL USE
Article 5
Approvals
The competent authorities of the Member States shall grant approval on request to undertakings which have the capacity to use the industrial raw material for the purposes of manufacturing one of the products referred to in the Annex and which undertake, in particular, to:
keep records in accordance with Article 11;
provide on request by these authorities any information or supporting documents needed for checking the origin and use made of the raw materials concerned;
allow these authorities to carry out appropriate administrative and physical checks.
The competent authorities of the Member States shall take the necessary steps to verify the plausibility of the technical processing coefficients for the raw materials.
The coefficients shall be established on the basis of tests carried out in the processor’s undertaking. If there are no coefficients specific to that undertaking, the check shall rely on the coefficients laid down in Community legislation or, if there are no such coefficients, on those generally accepted by the processing industry concerned.
Article 6
Delivery contracts
The delivery contract for industrial raw materials shall include at least the following:
the names, addresses and approval numbers of the contracting parties;
the duration of the contract and the quantities of each of the raw materials to be delivered per delivery period;
the prices, qualities and all conditions applicable to the delivery of raw materials;
the manufacturer’s undertaking to deliver a raw material from its production in excess of the quota and the undertaking by the processor to use the quantities delivered exclusively to produce one or more of the products covered by its approval.
Article 7
Equivalence
The competent authorities of the Member States concerned shall coordinate checks and monitoring of these operations.
Article 8
Delivery of raw materials
Based on the delivery notes referred to in Article 9(1), manufacturers shall communicate each month to the competent authority of the Member State which approved them the quantities of raw materials delivered the previous month under each of the delivery contracts indicating, where appropriate, the quantities delivered in accordance with Article 7(1) or (3).
The quantities referred to in the first subparagraph shall be considered to have been delivered in accordance with point (a) of the second subparagraph of Article 4(1).
Article 9
Obligations on processors
Article 10
Communications from the Member States
Each Member State shall inform the Commission:
by the end of May, of the quantity of industrial raw material delivered between the previous 1 October and 31 March by the manufacturers it has approved;
by the end of November for the previous marketing year:
Article 11
Processor’s records
The competent authority of the Member State shall specify the records to be kept by processors and the frequency of such record-keeping, which shall be at least monthly.
These records, which shall be kept by the processor for at least the three years following the current year, shall comprise at least the following information:
the quantities of the different raw materials purchased for processing;
the quantities of raw materials processed and the quantities and types of end products, co-products and by-products obtained therefrom;
the wastage during processing;
the quantities destroyed and the reasons for such destruction;
the quantities and types of products sold or transferred by the processor.
Article 12
Checks on processors
The checks shall verify the accuracy of the measuring instruments and laboratory analyses used to determine deliveries of raw materials and their entry into production, the products obtained and stock movements.
Where the competent authorities of the Member States provide that particular elements of the check may be carried out on the basis of a sample, that sample shall guarantee a reliable and representative level of control.
Every on-the-spot check shall be the subject of an inspection report signed by the inspector giving the details of the checks carried out. Reports shall indicate in particular:
the date of the check, and the persons present;
the period checked and the quantities involved;
the checking techniques used including, where applicable, reference to sampling methods;
the results of the check and the recommendations made;
an assessment of the seriousness, extent, permanence and duration of any faults and discrepancies found and all other elements to be taken into consideration for the purposes of applying penalties.
Each inspection report shall be archived and kept for at least three years following the year in which the check is carried out, in a way that ensures that it is readily useable by the Commission departments responsible for checks and inspections.
Article 13
Penalties
In the event of overdeclaration of the quantities of raw materials used, the processor shall be required to pay a sum of EUR 500 per tonne overdeclared.
CHAPTER IV
CARRY FORWARD
Article 14
Quantities carried forward
Manufacturers may, under Article 14 of Regulation (EC) No 318/2006, carry forward to the next marketing year a quantity of raw material equal to or less than the surplus, compared to the quota allocated, of total production in that year, including the quantities previously carried forward to the current marketing year in accordance with that Article or withdrawn from the market in accordance with Article 19 of that Regulation.
Article 15
Carry-forward of sugar
Article 16
Carry-forward of isoglucose
Isoglucose manufacturers which decide to carry forward in a particular marketing year shall communicate their decision to the competent authorities of the Member State which approved them by 31 October of the following marketing year.
Article 17
Communications from the Member States
Member States shall communicate the following information to the Commission:
not later than 15 September, the quantities of beet sugar, inulin syrup and cane sugar from the current marketing year to be carried forward to the next marketing year;
not later than 15 November, the quantities of isoglucose carried forward from the previous marketing year.
CHAPTER V
SPECIFIC SUPPLY ARRANGEMENTS AND EXPORT
Article 18
Outermost regions
The contract referred to in paragraph 1 shall provide in particular for the transmission between the parties of:
a statement by the manufacturer of the quantity of surplus raw materials delivered under the contract; and
a statement by the operator concerned that the quantity in question has been delivered under the specific supply arrangements.
For surplus raw materials, the application for the aid certificate referred to in Article 7(4) of Regulation (EC) No 793/2006 shall be accompanied by the statement by the producer referred to in paragraph 2(a) of this Article. Box 20 of the aid certificate shall contain the entry ‘C sugar: no aid’ as referred to in Part F of Annex I to Regulation (EC) No 793/2006.
The competent authorities who issued the aid certificate shall send a copy of that certificate to the competent authorities of the Member State in which the manufacturer was approved.
The quantities of raw materials for which the manufacturer presents the statement referred to in paragraph 2(b), and for which the Member State concerned has copies of the aid certificate, shall be considered to have been delivered under the specific supply arrangements, as provided for in point (c) of the second subparagraph of Article 4(1).
Article 19
Export
Surplus quantities shall be considered to have been exported within the meaning of point (d) of the second subparagraph of Article 4(1) of this Regulation where:
the product has been exported without refund as white sugar, unprocessed isoglucose or unprocessed inulin syrup;
the Member State of export has accepted the relevant export declaration before 1 January following the end of the marketing year during which the surplus raw material was produced;
the manufacturer has submitted to the competent authority of the Member State, before 1 April following the marketing year in which the surplus was produced:
the export licence issued to it in accordance with Article 23 of Regulation (EC) No 318/2006;
the documents referred to in Articles 31 and 32 of Regulation (EC) No 376/2008 and, if certain destinations are not eligible for exports of out-of-quota sugar and/or isoglucose, the documents referred to in Article 4c of Regulation (EC) No 951/2006, required to release the security;
a statement that the quantities exported have been entered in the accounts as the surplus quantities referred to in point (d) of the second subparagraph of Article 4(1) of this Regulation.
CHAPTER VI
GENERAL AND FINAL PROVISIONS
▼M1 —————
Article 21
Checks and national implementing measures
Member States shall carry out physical checks on at least 5 % of:
the quantities of sugar carried forward as referred to in Article 14;
the quantities of raw materials delivered in the context of the specific supply arrangements for the outermost regions referred to in Article 18;
the export declarations referred to in Article 19 in accordance with the detailed rules laid down in Regulation (EC) No 2090/2002.
Article 22
Repeal
Regulations (EEC) No 65/82, (EEC) No 2670/81 and (EC) No 1265/2001 are hereby repealed with effect from 1 July 2006.
Regulations (EEC) No 2670/81 and (EC) No 1265/2001 will, however, continue to apply to production in the 2005/06 marketing year.
Article 23
Entry into force
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 July 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
CN code |
Description of goods |
1302 32 |
– – Mucilages and thickeners, whether or not modified, derived from locust beans, locust bean seeds or guar seeds: |
1302 39 00 |
– – Other |
ex 1702 90 95 ex 2106 90 59 |
– – Syrups for spreading and for the production of ‘Rinse appelstroop’. |
2102 10 |
– Active yeasts |
ex 2102 20 |
– – Inactive yeasts |
2207 10 00 |
– Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher (bioethanol) |
ex 2207 20 00 |
– Ethyl alcohol, denatured, of any strength (bioethanol) |
ex 2208 40 |
– Rum |
|
Preparations of a kind used in animal feed: |
ex 2309 90 |
– Products with a dry matter content of not less than 60 % lysine |
29 |
Organic chemical products excluding products of subheadings 2905 43 00 and 2905 44 |
3002 90 50 |
– – Cultures of micro-organisms |
3003 |
Medicaments (excluding goods of heading 3002 , 3005 or 3006 ) consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses, not put up in measured doses or in forms or packings for retail sale |
3004 |
Medicaments (excluding goods of heading 3002 , 3005 or 3006 ) consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale |
3006 |
Pharmaceutical goods specified in note 4 to this Chapter |
3203 00 10 |
– Colouring matter of vegetable origin and preparations based thereon |
3203 00 90 |
– Colouring matter of animal origin and preparations based thereon |
ex 32 04 |
– Synthetic organic colouring matter and preparations as specified in note 3 to this Chapter based thereon |
ex 3307 90 00 |
Hair-removal waxes |
ex 35 |
Albuminoidal substances; modified starches; glues; enzymes, excluding products falling within heading 3501 and subheadings 3505 10 10 , 3505 10 90 and 3505 20 |
ex 38 |
Miscellaneous chemical products except those of headings 3809 , other than fabric softeners falling within CN code ex 3809 91 00 , and subheading 3824 60 |
3901 to 3914 |
– Primary forms |
ex 68 09 |
Articles of plaster or of compositions based on plaster: – boards, sheets, panels, tiles and similar articles |
( 1 ) OJ L 58, 28.2.2006, p. 1.
( 2 ) OJ L 42, 14.2.2006, p. 1. Regulation as amended by Regulation (EC) No 318/2006.
( 3 ) OJ L 145, 31.5.2006, p. 1. Regulation as amended by Regulation (EC) No 852/2006 (OJ L 158, 10.6.2006, p. 9).
( 4 ) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 410/2006 (OJ L 71, 10.3.2006, p. 7).
( 5 ) OJ L 322, 27.11.2002, p. 4. Regulation as last amended by Regulation (EC) No 1454/2004 (OJ L 269, 17.8.2004, p. 9).
( 6 ) OJ L 262, 16.9.1981, p. 14. Regulation as last amended by Regulation (EC) No 95/2002 (OJ L 17, 19.1.2002, p. 37).
( 7 ) OJ L 9, 14.1.1982, p. 14. Regulation as last amended by Regulation (EC) No 2223/2000 (OJ L 253, 7.10.2000, p. 15).
( 8 ) OJ L 178, 30.6.2001, p. 63. Regulation as amended by Regulation (EC) No 493/2006 (OJ L 89, 28.3.2006, p. 11).
( 9 ) OJ L 228, 1.9.2009, p. 3.