REGULATION No 1043/67/EEC OF THE COMMISSION of 22 December 1967 on detailed rules for fixing basic quotas for sugar

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community;

Having regard to Council Regulation No 1009/EEC (1) of 18 December 1967 on the common organisation of the market in sugar, and in particular Article 23 (4) thereof;

Whereas Article 23 of Regulation No 1009/67/EEC provides for the fixing of basic quotas for factories or undertakings, these quotas being established by multiplying their average annual sugar production during the 1961/62 to 1965/66 marketing years by a coefficient expressing the ratio of the relevant Member State's basic quantity to the average annual sugar production of that State during the same period;

Whereas the term "production" as used in that Article must be defined;

Whereas to simplify the administrative task of calculating average production, provision should be made for converting the different types of sugar into white sugar and for expressing the quotas granted in terms of white sugar;

Whereas Member States should only make use of the possibilities offered by Article 1 of Council Regulation No 1027/67/EEC (2) of 21 December 1967 on the fixing of basic quotas for sugar to the extent that this is necessary;

Whereas 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

1. For the purposes of Article 23 of Regulation No 1009/67/EEC, "sugar production" means total manufacture of white, raw and liquid sugar from beet, cane or molasses.

2. The following shall not be regarded as sugar production for the purposes of that Article: (a) the manufacture of white sugar from raw sugar;

(b) the manufacture of liquid sugar from white or raw sugar;

(c) the manufacture of sugar under inward processing arrangements;

(d) the manufacture of sugar from molasses if the Member State concerned did not allow this sugar to be disposed of on the domestic market.

Article 2

For the purposes of calculating the average annual sugar production of a factory or undertaking referred to in Article 23 or Regulation No 1009/67/EEC: - production of white sugar shall be taken into account, disregarding differences in quality; (1) OJ No 308, 18.12.1967, p. 1. (2) OJ No 313, 22.12.1967, p. 2.

- production of raw sugar shall be expressed in terms of white sugar;

- production of liquid sugar shall be expressed in terms of white sugar.

Article 3

Member States may invoke the provisions of Article 1 of Regulation No 1027/67/EEC only to the extent that this is justified by the circumstances of a given case.

Article 4

The basic quotas allocated shall be expressed in terms of white sugar.

Article 5

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 December 1967.

For the Commission

The President

Jean REY