{
  "url": "https://openlegislation.uk/eu-regulation-2004-60/introduction",
  "json_url": "https://openlegislation.uk/eu-regulation-2004-60/introduction.json",
  "legislation": "eur/2004/60",
  "legislation_title": "Commission Regulation (EC) No 115/2007 of 7 February 2007 amending Regulation (EC) No 60/2004, as regards the assignment to the Community budget of the amounts charged for the quantities of surplus sugar not eliminated from the market",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2004-60",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Regulation (EC) No 115/2007\nof 7 February 2007\namending Regulation (EC) No 60/2004, as regards the assignment to the Community budget of the amounts charged for the quantities of surplus sugar not eliminated from the market\nTHE COMMISSION OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Community,\nHaving regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 2(3) thereof,\nHaving regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular the first subparagraph of Article 41 thereof,\nWhereas:\n(1)\nThe rules concerning production and trade arrangements for the sugar market inserted in Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector by the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (hereinafter referred to as the Act of Accession), will be applicable as from 1 May 2004, which is two months before the expiry of the marketing year 2003/2004. Transitional measures are therefore required to change over from the production and trade arrangements in force in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (hereinafter referred to as the new Member States) to those provided for in Regulation (EC) No 1260/2001.\n(2)\nFor the marketing year 2003/2004, the entire sugar production of the new Member States is produced under national arrangements, and the main quantities of their production will be disposed of before 1 May 2004. Consequently, the provisions on prices, inter-professional agreements and self-financing provided for in Articles 2 to 6 and 10 to 21 of Regulation (EC) No 1260/2001 should not apply before 1 July 2004. The non application of the self-financing arrangements and the provision on prices to sugar produced before 1 July 2004 means that the export refund arrangement provided for in Articles 27 to 31 of Regulation (EC) No 1260/2001 and the intervention and production refund arrangements provided for in Articles 7, 8 and 9 of that Regulation should not apply before 1 July 2004.\n(3)\nIn the case of isoglucose, production is steady and in keeping with demand and it is therefore necessary to determine an appropriate share of the basic isoglucose quantities defined for the new Member States producing isoglucose in order to facilitate the transition and to ensure the balance between production and consumption in the enlarged Community. However, for the purposes of ensuring the same treatment for isoglucose and sugar, Articles 2 to 21 and 27 to 31 of Regulation (EC) No 1260/2001 should only become applicable to isoglucose in the new Member States from 1 July 2004.\n(4)\nThe Act of Accession defines a maximum supply need for the sugar-producing undertaking in Slovenia of 19 585 tonnes. In order to guarantee the supply of that undertaking with raw sugar for refining between 1 May and 30 June 2004, an appropriate share of the maximum supply need should be determined for that period.\n(5)\nThere is a considerable risk of disruption on the markets in the sugar sector by products being introduced into the new Member States before their accession for speculation purposes. Provisions facilitating the transition should therefore be made to avoid such speculative movements in view of the accession of the new Member States. Similar provisions have already been taken in respect of trade in agricultural products on account of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia by Regulation (EC) No 1972/2003. Separate rules are necessary in order to take into account the particularities of the sugar sector.\n(6)\nChapter 5 of Annex IV to the Act of Accession foresees that goods which are under different types of suspensive regime on the date of accession are exempted from customs duties when released for free circulation provided that certain circumstances are complied with. However, in the sugar sector there is a high risk that this possibility will be used for speculative purposes. In addition, it would allow operators to circumvent the obligation laid down in this regulation to eliminate from the market at their expense the quantities of surplus sugar or isoglucose identified by the authorities of the new member States or to pay charges of the proof of elimination of these quantities cannot be provided. Products which present such a risk should therefore be subject to import duties on the date of release for free circulation.\n(7)\nFurthermore, and in accordance with the Act of Accession, quantities of stocks of sugar or isoglucose exceeding the normal carry-over stock should be eliminated from the market at the expense of the new Member States. Determination of the surplus stocks will be carried out by the Commission on the basis of trade developments, production and consumption trends in the new Member States during the period of 1 May 2000 to 30 April 2004. For this procedure, besides sugar and isoglucose, other products with a significant sugar equivalent content should be also considered as they could also be possible targets of speculation. In case the determined surplus quantity of sugar and isoglucose is not eliminated from the Community market by 30 April 2005 at the latest, the new Member State concerned will be made financially responsible for the relevant quantity. The amount to be charged for a new Member State and payable for the Community budget in case of non elimination of surplus stocks should be the highest export refund applicable during the period of 1 May 2004 and 30 April 2005.\n(8)\nIt is the interest of both the Community and the new Member States to preferably prevent the accumulation of surplus stocks and in any case be able to identify those operators or individuals involved in major speculative trade movements. For that purpose new Member States should dispose of a system on 1 May 2004 that enables them to identify those responsible for such developments.\n(9)\nFor the determination of surplus stocks and the elimination of identified surplus stocks new Member States should provide for the Commission most recent statistics of trade, production and consumption of the products considered, as well as proof of elimination from market of the identified surplus stocks by the set deadline.\n(10)\nThe measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,\nHAS ADOPTED THIS REGULATION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 178, 30.6.2001, p. 1. Regulation as last amended by the Act of Accession."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 293, 11.11.2003, p. 3."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2004/60/introduction",
    "retrieved_at": "2026-11-01T14:55:46.001818+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}