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Commission Regulation (EC) No 952/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards the management of the Community market in sugar and the quota system

Commission Regulation (EC) No 952/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards the management of the Community market in sugar and the quota system

CHAPTER I INTRODUCTORY PROVISIONS

Article 1

This Regulation lays down detailed rules for the application of Regulation (EC) No 318/2006, as regards in particular the determination of production, approval of manufacturers and refiners, the price and quota system, the conditions for buying sugar into intervention and selling sugar from intervention and the private storage for the marketing year 2007/2008.

Article 2 Definitions

For the purpose of this Regulation:

  1. ‘raw material’ means beet, cane, chicory, cereals, sugar for refining or any other intermediate form of these products intended for processing into an end product;

  2. ‘end product’ means sugar, inulin syrup or isoglucose;

  3. ‘manufacturer’ means an undertaking producing end products, with the exception of refiners as defined in point 13 of Article 2 of Regulation (EC) No 318/2006;

  4. ‘place of storage’ means a silo or warehouse.

CHAPTER II ESTABLISHING PRODUCTION

Article 3 Sugar production

1.

For the purposes of Title II of Regulation (EC) No 318/2006, ‘sugar production’ means the total quantity, expressed as white sugar, of:

  1. white sugar;

  2. raw sugar;

  3. invert sugar;

  4. syrups belonging to one of the following categories, hereinafter called ‘syrups’:

    1. sucrose or invert sugar syrups which are at least 70 % pure and are produced from sugar beet,

    2. sucrose or invert sugar syrups which are at least 75 % pure and are produced from sugar cane.

2.

Sugar production shall not include:

  1. quantities of white sugar produced from white sugar, raw sugar or syrups which were not produced in the undertaking which manufactured the white sugar;

  2. quantities of white sugar produced from white sugar, raw sugar, syrups or sugar sweepings which were not produced during the marketing year in which the white sugar was manufactured;

  3. quantities of raw sugar produced from syrups which were not produced in the undertaking which manufactured the raw sugar;

  4. quantities of raw sugar produced from syrups which were not produced during the marketing year in which the raw sugar was manufactured;

  5. quantities of white or raw sugar processed into white sugar during the marketing year in question by the undertaking which produced them;

  6. quantities of syrups processed into sugar or invert sugar during the marketing year in question by the undertaking which produced them;

  7. quantities of sugar, invert sugar and syrups produced under inward-processing arrangements;

  8. quantities of invert sugar produced from syrups which were not produced by the undertaking which manufactured the invert sugar;

  9. quantities of invert sugar produced from syrups which were not produced during the marketing year in which the invert sugar was manufactured.

3.

Sugar production shall be expressed in terms of white sugar in the following way:

  1. in the case of white sugar, disregarding differences in quality;

  2. in the case of raw sugar, on the basis of yield determined in accordance with point III of Annex I to Regulation (EC) No 318/2006;

  3. in the case of invert sugar, by multiplying production of invert sugar by the coefficient 1;

  4. in the case of syrups on the basis of extractable sugar content determined in accordance with paragraphs 5 and 6;

  5. in the case of syrups from invert sugar on the basis on sugar content as determined by the High Performance Liquid Chromatography method.

4.

Sugar sweepings from a previous sugar year shall be expressed as white sugar in proportion to the sucrose content.

5.

The percentage purity of syrups shall be calculated by dividing the total sugar content by the dry matter content and multiplying the result by 100. Dry matter content shall be determined by refractometry.

6.

The extractable sugar content shall be calculated by subtracting the difference between the dry matter content and the degree of polarisation of that syrup, multiplied by 1,70, from the degree of polarisation of the syrup in question.

However, the extractable sugar content can be established, for an entire marketing year, on the basis of the real yield in syrups.

Article 4 Isoglucose production

Article 5 Inulin syrup production

Article 6 Production of an undertaking

CHAPTER III APPROVAL OF MANUFACTURERS AND REFINERS

Article 7 Application for approval

Article 8 Commitments

Article 9 Records

Article 10 Checks

Article 11 Penalties

CHAPTER IV PRICES

Article 13 Establishment of average prices

Article 14 Price information

Article 14a Additional information

Article 15 Transitional provisions for the transmission of price data

Article 15a Final provisions for the transmission of price data

Article 16 Delivery contracts

Article 16a Purchase terms for beet

Article 17 Price increases and reductions

CHAPTER V QUOTAS AND PRODUCTION CHARGE

Article 18 Additional sugar quotas

Article 19 Additional isoglucose quota

Article 20a Production charge

CHAPTER VI PUBLIC STORAGE

SECTION 1 Offers for intervention

Article 23 Offers

Article 24 Approval of the place of storage

Article 25 Minimum sugar quality

Article 26 Lots

Article 27 Content of the offer

Article 28 Examination of the offers

SECTION 2 Storage

Article 29 Storage contracts

Article 30 Transfer of ownership

Article 31 Quality and packing standards

SECTION 3 Conditions for intervention buying-in

Article 32 Intervention price for and quality of white sugar

Article 33 Intervention price for raw sugar

Article 34 Payment period

SECTION 4 Checks

Article 35 Sample for checking quality

Article 36 Disputes over quality

Article 37 Checks on the places of storage

Article 38 Checks on weight and related costs

SECTION 5 Intervention sales

Article 39 Sales

Article 40 Notice of invitation to tender

Article 41 Tender

Article 42 Terms of the tendering procedure

Article 43 Standing invitation to tender

Article 44 Submission of the tender

Article 45 Examination of tenders

Article 46 Fixing amounts

Article 47 Award of the tender

Article 48 Rights and obligations arising from awards

Article 49 Statement of award

Article 50 Removal of the sugar purchased

Article 51 Removal order

Article 52 Payment

Article 53 Transfer of ownership

Article 54 Determining the grade or yield

Article 55 Adjustment of the price of sugar

Article 56 Release of the security

Article 57 Notifications of quantities

CHAPTER VII TRANSITIONAL AND FINAL PROVISIONS

Article 58 Communications and notifications

Article 59 Repeals

Article 60 Entry into force

ANNEX I

ANNEX II