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Document 32006R0218
Commission Regulation (EC) No 218/2006 of 8 February 2006 amending Regulation (EC) No 1262/2001 laying down detailed rules for implementing Council Regulation (EC) No 1260/2001 as regards the buying in and sale of sugar by intervention agencies
Commission Regulation (EC) No 218/2006 of 8 February 2006 amending Regulation (EC) No 1262/2001 laying down detailed rules for implementing Council Regulation (EC) No 1260/2001 as regards the buying in and sale of sugar by intervention agencies
Commission Regulation (EC) No 218/2006 of 8 February 2006 amending Regulation (EC) No 1262/2001 laying down detailed rules for implementing Council Regulation (EC) No 1260/2001 as regards the buying in and sale of sugar by intervention agencies
OJ L 38, 9.2.2006, p. 19–21
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
No longer in force, Date of end of validity: 30/06/2006
9.2.2006 |
EN |
Official Journal of the European Union |
L 38/19 |
COMMISSION REGULATION (EC) No 218/2006
of 8 February 2006
amending Regulation (EC) No 1262/2001 laying down detailed rules for implementing Council Regulation (EC) No 1260/2001 as regards the buying in and sale of sugar by intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1), and in particular Articles 7(5) and 9(3) thereof,
Whereas:
(1) |
Commission Regulation (EC) No 1262/2001 (2) lays down detailed rules for applying the intervention arrangements in the sugar sector. Experience has shown that adjustments are needed in order to simplify the arrangements and harmonise them with current practice for other products such as cereals and milk powder. |
(2) |
Regulation (EC) No 1260/2001 guarantees prices and disposal only for sugar produced under quota. Access to intervention should therefore be restricted to manufacturers who are holders of a quota and who, in return for the price guarantee, are required to pay the minimum price for beet, while respecting the legitimate expectations of specialist traders who have already been granted the necessary approval to offer sugar for intervention. |
(3) |
Recent experience in sugar intervention operations has shown that the criteria for the intervention storage of sugar and the approval of warehouses and silos should be made more stringent, in particular by giving the intervention agencies greater discretionary powers. It is also accepted that sugar can be stored for a very long time without risk of deterioration in quality where the storage conditions are right. Therefore the rules on the final dates for removal should be amended, whilst, to take account of legitimate expectations, the rules on sugar offered for intervention before a certain date should be maintained. |
(4) |
Intervention procedures for sugar must be brought into line with those followed in other sectors such as cereals and milk powder, in particular as regards time limits for payment from the submission of tenders for intervention. |
(5) |
Regulation (EC) No 1262/2001, as amended by Regulation (EC) No 1498/2005, lays down the requirements to be met by certain forms of packaging in which sugar bought in must be delivered. Certain clarifications are needed to ensure that this provision is properly applied. |
(6) |
In order to facilitate the day-to-day management of intervention, in particular by creating uniform lots, the minimum quantity below which the intervention agency is not obliged to accept a tender should be increased. |
(7) |
Regulation (EC) No 1262/2001 should therefore be amended accordingly. |
(8) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1262/2001 is hereby amended as follows:
1. |
Article 1 is amended as follows:
|
2. |
Article 2 is amended as follows:
|
3. |
Article 3 is amended as follows:
|
4. |
Article 4(1) is replaced by the following: ‘1. Sugar offered to intervention shall meet the following requirements:
|
5. |
the second paragraph of Article 6 is replaced by the following: ‘For the purposes of this Regulation “lot” means at least 2 000 tonnes of sugar of uniform quality and packing, all of which is stored in the same place.’; |
6. |
Article 9 is amended as follows:
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7. |
Article 10(1) is replaced by the following: ‘1. The transfer of ownership of sugar covered by a storage contract shall take place when the sugar in question is paid for.’; |
8. |
Article 16 is replaced by the following: ‘Article 16 The intervention agency shall make payment no earlier than 120 days from the day on which the offer is accepted, provided the checks to verify the weight and quality of the offered lots have been conducted.’; |
9. |
Article 17(4) is replaced by the following: ‘4. Sugar bought in shall be removed:
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10. |
Article 18 is amended as follows:
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11. |
the first sentence of Article 19(1) is replaced by the following: ‘1. At the time of removal in the case of sugar as referred to in Article 17(4)(a) and (b) and within the time limit referred to in Article 16 in the case of sugar as referred to in Article 17(4)(c), four samples shall be taken for analysis either by experts approved by the competent authorities of the Member State concerned or by experts agreed upon by the intervention agency and the seller.’; |
12. |
Article 23(2) is replaced by the following: ‘2. The price to be paid by the successful tenderer shall be:
|
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
Article 1(1)(b) and (4) to (8) shall apply to sugar offered to intervention from the date of entry into force.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 February 2006.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
(1) OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).
(2) OJ L 178, 30.6.2001, p. 48. Regulation as amended by Regulation (EC) No 1498/2005 (OJ L 240, 16.9.2005, p. 39).