Regulation 2018/264 - Fixing of the production levies and the coefficient for calculating the additional levy in the sugar sector for the 1999/2000 marketing year and fixing the production levies in the sugar sector for the 2000/2001 marketing year - Main contents
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official title
Council Regulation (EU) 2018/264 of 19 February 2018 fixing the production levies and the coefficient for calculating the additional levy in the sugar sector for the 1999/2000 marketing year and fixing the production levies in the sugar sector for the 2000/2001 marketing year| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2018/264 |
| Original proposal | COM(2017)619  |
| CELEX number i | 32018R0264 |
| Document | 19-02-2018; Date of adoption |
|---|---|
| Publication in Official Journal | 23-02-2018; OJ L 51 p. 1-4 |
| Effect | 13-10-2000; Application Partial application See Art 3 12-10-2001; Application Partial application See Art 3 24-02-2018; Entry into force Date pub. +1 See Art 3 |
| Deadline | 30-09-2018; At the latest See Art 2.1 |
| End of validity | 31-12-9999 |
23.2.2018 |
EN |
Official Journal of the European Union |
L 51/1 |
COUNCIL REGULATION (EU) 2018/264
of 19 February 2018
fixing the production levies and the coefficient for calculating the additional levy in the sugar sector for the 1999/2000 marketing year and fixing the production levies in the sugar sector for the 2000/2001 marketing year
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
Articles 33(8) and 34(5) of Council Regulation (EC) No 2038/1999 (1) empowered the Commission to adopt detailed rules on the basic production levies and the coefficient for the calculation of the additional levy, to be collected from quota holders operating in the framework of the common organisation of markets in the sugar sector. |
(2) |
Commission Regulations (EC) No 2267/2000 (2) and (EC) No 1993/2001 (3) established the production levies and the coefficient for calculating the additional levy in the sugar sector. |
(3) |
In the framework of the reform of the common market organisation for the sugar sector, Council Regulation (EC) No 1260/2001 (4) repealed and replaced Regulation (EC) No 2038/1999. Council Regulation (EC) No 318/2006 (5) repealed and replaced Regulation (EC) No 1260/2001. Regulation (EC) No 318/2006, which was subsequently repealed and incorporated into Council Regulation (EC) No 1234/2007 (6), replaced the variable sugar production levy system of self-financing the production quota regime by a new production charge aimed at contributing to the financing of the expenditure occurring in the sugar sector under the common market organisation for sugar. Pursuant to Regulation (EU) No 1308/2013 of the European Parliament and of the Council (7), which repealed and replaced Regulation (EC) No 1234/2007, this temporary production charge remained applicable until 30 September 2017. |
(4) |
In its Judgment of 9 February 2017 in Case C-585/15, Raffinerie Tirlemontoise (8), the Court of Justice declared invalid Regulations (EC) No 2267/2000 and (EC) No 1993/2001. In that judgment, the Court held that Article 33(1) of Regulation (EC) No 2038/1999 must be interpreted as meaning that, for the purpose of calculating the average loss, it is necessary to divide the total amount of the actual expenditure for export refunds for products which come under that provision by the total amount of the quantities of those products which were exported, regardless of whether or not refunds have in fact been paid in respect of the latter. |
(5) |
Furthermore, the Court also stated that Article 33(2) of Regulation (EC) No 2038/1999 must be interpreted as meaning that, for the purpose of the overall calculation of the production levies, it is necessary to take into account the average loss calculated by dividing the total amount of the actual expenditure for export refunds for products which come under that provision by the total amount of the quantities exported, regardless of whether or not refunds have in fact been paid in respect of the latter. |
(6) |
In order to comply with the Court's judgement, the production levies and the additional levies should therefore be fixed at the appropriate level. |
(7) |
In particular, the ‘average loss’ is to be calculated by dividing the actual total refunds paid by the total exported quantities for products which were eligible to refunds, regardless whether they were exported with or without a refund. The application of the method indicated by the Court leads to a substantial decrease in the ‘average loss’ and the ‘overall loss’ to be covered by the levies for the 1999/2000 and 2000/2001 marketing years. |
(8) |
The revision of the production... |
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