COMMISSION REGULATION (EC) No 218/2006of 8 February 2006amending Regulation (EC) No 1262/2001 laying down detailed rules for implementing CouncilRegulation (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 EuropeanCommunity,Having regard to Council Regulation (EC) No 1260/2001 of 19June 2001 on the common organisation of the markets in thesugar sector (
), and in particular Articles 7(5) and 9(3) thereof,Whereas:
Commission Regulation (EC) No 1262/2001 (
) laysdown detailed rules for applying the interventionarrangements in the sugar sector. Experience has shownthat adjustments are needed in order to simplify thearrangements and harmonise them with currentpractice for other products such as cereals and milkpowder.
Regulation (EC) No 1260/2001 guarantees prices anddisposal only for sugar produced under quota. Accessto intervention should therefore be restricted to manu-facturers who are holders of a quota and who, in returnfor the price guarantee, are required to pay the minimumprice for beet, while respecting the legitimate expec-tations of specialist traders who have already beengranted the necessary approval to offer sugar for inter-vention.
Recent experience in sugar intervention operations hasshown that the criteria for the intervention storage of sugar and the approval of warehouses and silos shouldbe made more stringent, in particular by giving the inter-vention agencies greater discretionary powers. It is alsoaccepted that sugar can be stored for a very long timewithout risk of deterioration in quality where the storageconditions are right. Therefore the rules on the final datesfor removal should be amended, whilst, to take accountof legitimate expectations, the rules on sugar offered for intervention before a certain date should be maintained.
Intervention procedures for sugar must be brought intoline with those followed in other sectors such as cerealsand milk powder, in particular as regards time limits for payment from the submission of tenders for intervention.
Regulation (EC) No 1262/2001, as amended by Regu-lation (EC) No 1498/2005, lays down the requirementsto be met by certain forms of packaging in which sugar bought in must be delivered. Certain clarifications areneeded to ensure that this provision is properly applied.
In order to facilitate the day-to-day management of inter-vention, in particular by creating uniform lots, theminimum quantity below which the interventionagency is not obliged to accept a tender should beincreased.
Regulation (EC) No 1262/2001 should therefore beamended accordingly.
The measures provided for in this Regulation are inaccordance with the opinion of the ManagementCommittee for Sugar,
HAS ADOPTED THIS REGULATION:
Regulation (EC) No 1262/2001 is hereby amended as follows:1. Article 1 is amended as follows:(a) paragraph 1 is replaced by the following:
1. The intervention agency shall buy in the sugar only if it is offered by:(a) a manufacturer with a production quota:(b) a specialist sugar trader who is approved before 1March 2006 by the Member State on whoseterritory they are established.
;(b) paragraph 3 is replaced by the following:
3. Sugar may only be taken over where it is under quota and at the time of the offer is stored separately inan approved store or silo that has not been used mostrecently to store products other than sugar.
9.2.2006 Official Journal of the European Union L 38/19
) 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).(
) 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).