1.For the purposes of Title II of Regulation (EC) No 318/2006, ‘sugar production’ means the total quantity, expressed as white sugar, of:
(a)white sugar;
(b)raw sugar;
(c)invert sugar;
(d)syrups belonging to one of the following categories, hereinafter called ‘syrups’:
sucrose or invert sugar syrups which are at least 70 % pure and are produced from sugar beet,
sucrose or invert sugar syrups which are at least 75 % pure and are produced from sugar cane.
2.Sugar production shall not include:
[F1(a) quantities of white sugar produced from white sugar, raw sugar or syrups which were not produced in the undertaking which manufactured the white sugar;
(b) 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;]
(c)quantities of raw sugar produced from syrups which were not produced in the undertaking which manufactured the raw sugar;
(d)quantities of raw sugar produced from syrups which were not produced during the marketing year in which the raw sugar was manufactured;
[F1(e) quantities of white or raw sugar processed into white sugar during the marketing year in question by the undertaking which produced them;]
(f)quantities of syrups processed into sugar or invert sugar during the marketing year in question by the undertaking which produced them;
(g)quantities of sugar, invert sugar and syrups produced under inward-processing arrangements;
(h)quantities of invert sugar produced from syrups which were not produced by the undertaking which manufactured the invert sugar;
(i)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:
(a)in the case of white sugar, disregarding differences in quality;
(b)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;
(c)in the case of invert sugar, by multiplying production of invert sugar by the coefficient 1;
[F1(d) in the case of syrups on the basis of extractable sugar content determined in accordance with paragraphs 5 and 6;
(e) 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.
[F15. 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.]
[F26. 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.]
Textual Amendments
1.For the purposes of Title II of Regulation (EC) No 318/2006, ‘isoglucose production’ means the total quantity of product obtained from glucose or its polymers with a content by weight in the dry state of at least 10 % fructose irrespective of its fructose content in excess of that limit. Isoglucose production shall be expressed as dry matter and recorded in accordance with paragraph 2.
2.Isoglucose production shall be recorded as soon as the isomerisation process has terminated and before any operation to separate the glucose and fructose constituents or to produce mixtures, by physical metering of the volume of the product as such and determination of the dry matter content by refractometry.
3.All undertakings shall be required to notify without delay any of their facilities which may be used for the isomerisation of glucose or its polymers.
Notification shall be made to the Member State on whose territory each facility is situated. The Member State may require the undertaking to furnish additional information in this respect.
1.For the purposes of Title II of Regulation (EC) No 318/2006, ‘inulin syrup production’ means the quantity of product obtained after the hydrolysis of inulin or oligofructoses with a content by weight in the dry state of at least 10 % fructose in free form or as sucrose, irrespective of its fructose content in excess of that limit, which is at least 70 % pure. Inulin syrup production shall be expressed as dry matter sugar/isoglucose equivalent.
‘Purity’ means the percentage of monosaccharides and disaccharides in the dry matter, as determined by the International Commission for Uniform Methods of Sugar Analysis method, hereinafter referred to as the ‘ICUMSA method’ (ICUMSA method GS7/8/4-24).
2.Inulin syrup production shall be recorded by means of the combination of the following operations:
(a)physical metering of the volume of the product as such immediately after leaving the first evaporator after each hydrolysis and before any operation to separate the glucose and fructose constituents or to produce mixtures;
(b)determination of the dry matter content by refractometry and measurement of the fructose content by weight in the dry state, on the basis of daily representative sampling;
(c)conversion of the fructose content to 80 % by weight in the dry state by multiplying the quantity determined in dry matter by the coefficient representing the ratio between the measured fructose content of that quantity of syrup and 80 %;
(d)expression as sugar/isoglucose equivalent by applying the coefficient 1.9.
3.All undertakings shall be required to notify without delay any of their facilities which may be used for the hydrolysis of the inulin, and the annual quantities and the use of the products referred to in paragraph 1 but less than 70 % pure.
This information shall be submitted to the Member State on whose territory each facility is situated. That Member State may require undertakings to furnish additional information, in particular to ensure that the by-products referred to in the first subparagraph are not used as sweetening matter for human consumption on the Community market.
The Member State concerned shall send the Commission not later than 31 January each year a detailed report containing information on the previous year. The first report shall be sent not later than 31 January 2007.
1.For the purposes of Title II of Regulation (EC) No 318/2006, the ‘sugar, isoglucose or inulin syrup production of an undertaking’ means the sugar, isoglucose or inulin syrup, as defined in Article 3, 4 and 5 of this Regulation, actually manufactured by that undertaking.
2.For a given marketing year, the total sugar, isoglucose or inulin syrup production of an undertaking shall be the production referred to in paragraph 1:
plus the quantity of sugar, isoglucose or inulin syrup carried over to that marketing year and minus the quantity of sugar, isoglucose or inulin syrup carried over to the following marketing year, in accordance with Articles 14 and 19 of Regulation (EC) No 318/2006 respectively,
plus the quantity produced by processors under contract in accordance with paragraph 3 and minus the quantity produced by the undertaking on behalf of principals under contract in accordance with paragraph 3.
3.Where two undertakings make a signed application in writing to the Member State concerned, the quantity of sugar produced by an undertaking (hereinafter called the processor) under contract from materials supplied shall be treated as part of the production of the undertaking (hereinafter called the principal) which had the sugar produced under that contract provided that one of the following conditions is met:
(a)the total sugar production of the processor is less than its quota;
[F1(b) the total sugar production of the processor and of the principal is more than the sum of their quotas; or
for the marketing year 2006/2007, the sum of the thresholds fixed for them in accordance with Article 3(2) of Commission Regulation (EC) No 493/2006 (1) ;
for the marketing year 2007/2008, the sum of the thresholds fixed for them in accordance with Article 1(2) of Commission Regulation (EC) No 290/2007 (2) ;
from the marketing year 2008/2009, the sum of the thresholds fixed for them in accordance with Article 19(2) of Regulation (EC) No 318/2006 or where applicable with Article 19a(1) of that Regulation.]
The total sugar production, as referred to in point (b) of the first subparagraph, of an undertaking shall be the production referred to in paragraph 1 plus the quantity carried forward from the previous marketing year and the quantity produced by processors under contract on behalf of that undertaking, and minus the quantity produced by the undertaking under contract on behalf of principals.
Instead of the quantities actually produced, as referred to in the second subparagraph, the competent authorities of the Member States may, where this total is larger, use estimated production calculated on the basis of the delivery contracts signed by the undertakings.
4.Where the factories of the principal and of the processor are situated in different Member States, the application referred to in paragraph 3 shall be made to the two Member States concerned. In that case, the Member States concerned shall act in concert as regards the response to be given, and shall take the necessary steps to verify that the conditions referred to in that paragraph are observed.
5.The quantity of sugar produced by a processor may be considered to be produced by the principal if, owing to a case of force majeure recognised by the Member State, the beet, cane or molasses have to be processed into sugar in an undertaking other than that of the principal.
Textual Amendments