Article 4Surplus subject to levy
1.The levy shall be charged to manufacturers in respect of the surplus produced in excess of their quota for a given marketing year.
However, the levy shall not be charged on the quantities referred to in paragraph 1 which have been:
(a)delivered to a processor before 30 November of the following marketing year to be used in the manufacture of the products referred to in the Annex;
(b)carried forward in accordance with Article 14 of Regulation (EC) No 318/2006 and, in the case of sugar, stored by the manufacturer until the last day of the marketing year in question;
(c)delivered before 31 December of the following marketing year in the context of the specific supply arrangements for the outermost regions provided for in Title II of Regulation (EC) No 247/2006;
(d)exported before 31 December of the following marketing year under an export licence;
(e)destroyed or damaged without possibility of recovery, in circumstances recognised by the competent authority of the Member State concerned.
2.Sugar manufacturers shall communicate to the competent authority of the Member State which approved them, before 1 February of the marketing year concerned, the quantity of sugar produced in excess of their production quota.
Sugar manufacturers shall also communicate, where appropriate, before the end of each of the following months, the adjustments to this production made in the course of the previous month of that marketing year.
3.The Member States shall establish and communicate to the Commission, not later than 30 June, the quantities referred to in the second subparagraph of paragraph 1, the total surplus quantities and the levies charged for the previous marketing year.
4.If, in cases of force majeure, the operations referred to in paragraph 1(a), (c) and (d) cannot be carried out within the given deadlines, the competent authority of the Member State on whose territory the surplus sugar, isoglucose or inulin syrup was produced shall adopt measures appropriate to the circumstances cited by the party concerned.