EUR-Lex - 31968R0206 - EN

Article 1

For the purposes of this Regulation: 1. "contracting party" means: (a) a sugar manufacturer, hereinafter called a "manufacturer";

(b) a beet seller, hereinafter called a "seller";

1. "contract" means : a contract concluded between a seller and a manufacturer for the delivery of beet for the manufacture of sugar;

1. "inter-trade agreement" means: (a) an agreement concluded at Community level between a group of national manufacturers' organisations on the one hand and a group of national sellers' organisations on the other, prior to the conclusion of any contract;

(b) an agreement concluded by manufacturers or a manufacturers' organisation recognised by the Member State in question on the one hand and a sellers' association recognised by the Member State in question on the other, prior to the conclusion of any contract;

(c) the provisions of the law on companies or firms and of the law on co-operatives, in so far as they govern the delivery of sugar beet by the share holders or the members of a company, firm or co-operative manufacturing sugar;

(d) in the absence of any such agreement as is referred to in (a) or (b) the arrangements existing before the conclusion of any contract between a manufacturer and sellers, provided the sellers who accept the arrangement supply at least 60 % of the total beet bought by the manufacturer for the manufacture of sugar in one or more factories.

Article 2

1. Contracts shall be made in writing for a specified quantity of beet.

1. Contracts shall specify whether an additional quantity of beet may be supplied, and under what conditions.

Article 3

1. The provisions of this Article shall apply only if Article 30 (1) of Regulation No 1009/67/EEC applies.

1. For the quantities of beet referred to in the first part of Article 30 (1) of that Regulation, and in (a) and (b) thereof, purchase prices shall be indicated in the contract, which, (a) for the quantities mentioned under (a), must not be lower than the minimum price for beet referred to in the first indent of Article 4 (1) of that Regulation, ruling in the production area in question;

(b) for the quantities mentioned under (b), must not be lower than the minimum price for beet outside the basic quota, referred to in the second indent of Article 4 (1) of that Regulation, ruling in the production area in question.

1. Contracts shall lay down a fixed sugar content for beet. They shall include a conversion scale showing the different sugar contents and factors for converting the quantities of beet supplied into quantities corresponding to the sugar content shown in the contract.

The scale shall be based on the yields corresponding to the different sugar contents.

1. Where a seller has signed a contract with a manufacturer for the delivery of beet referred to in the first part of Article 30 (1) of Regulation No 1009/67/EEC and in (a) thereof, all deliveries by that seller, converted in accordance with paragraph 3 above, shall be considered to be within the meaning of the first part of the above-mentioned and (a) thereof up to an amount not exceeding the quantity specified for beet in the contract.

1. A manufacturer who produces a quantity of sugar lower than the basic quota from beet for which he signed pre-sowing delivery contracts in accordance with the first part of Article 30 (1) of Regulation No 1009/67/EEC and (a) thereof shall distribute among the sellers with whom he signed pre-sowing delivery contracts within the meaning of the first part of the above-mentioned Article 30 (1) and (a) and (b) thereof the quantity of beet which corresponds to any additional production up to the amount of his basic quota.

Inter-trade agreements may derogate from this provision.

1. In no case may a manufacturer require a seller to reimburse the production levy in respect of beet delivered by the seller under the terms of a contract concluded in accordance with the first part of Article 30 (1) of that Regulation and (a) thereof.

Article 4

1. Contracts shall contain provisions concerning the staggering and normal duration of beet deliveries.

1. Such provisions shall be those applicable during the 1967/68 marketing year, taking account of the level of actual production ; inter-trade agreements may derogate therefrom.

Article 5

1. Contracts shall provide for beet collection centres.

1. Where a seller and a manufacturer have already signed a contract for the 1967/68 marketing year, the collection centres agreed upon by the seller and the manufacturer for deliveries during that marketing year shall remain in operation ; inter-trade agreements may derogate from this provision.

1. Contracts shall provide that transport costs from the collection centres shall be borne by the manufacturer subject to special agreements based on local rules or usages in operation before the 1968/69 marketing year.

Article 6

1. Contracts shall provide for reception points for beet.

1. Where a seller and a manufacturer have already signed a contract for the 1967/68 marketing year, the reception points agreed upon by the seller and the manufacturer for deliveries during that marketing year shall remain in operation ; inter-trade agreements may derogate from this provision.

Article 7

1. Contracts shall provide for the determination of the sugar content in accordance with the polarimetric method. A sample of the beet shall be drawn at the time of reception.

1. Inter-trade agreements may provide for samples to be drawn at another stage.

In such a case, the contract shall provide for a correction to compensate for any drop in the sugar content between the reception and the drawing of the sample.

Article 8

Contracts shall provide for the determination of gross weight, tare and sugar content in accordance with one of the following procedures: (a) jointly, by the manufacturer and the beet producers' trade organisation, if an inter-trade agreement so provides;

(b) by the manufacturer, under the supervision of the beet producers' trade organisation;

(c) by the manufacturer, under the supervision of an expert recognised by the Member State in question provided the seller defrays the costs thereof;

(d) by the manufacturer, if local rules or usages in operation before the 1968/69 marketing year so provide.

Article 9

1. Contracts shall impose an obligation on the manufacturer to do one or more of the following in respect of the whole quantity of beet delivered ; when parts of that quantity are subject to different treatment, the contract shall impose more than one such obligation: (a) to return free of charge to the seller, ex factory, the fresh pulp from the tonnage of beet delivered;

(b) to return free of charge to the seller, ex factory, part of such pulp in the dried state, or dried and molassed;

(c) to return to the seller, ex factory, the pulp in the dried state ; in such case, the manufacturer may require the seller to pay the drying costs;

(d) to pay the seller compensation which takes into account the possibilities of selling the pulp in question.

1. Inter-trade agreements may provide for the delivery of pulp at a stage other than that referred to in paragraph 1 (a), (b) and (c).

Article 10

1. Subject to the provisions adopted pursuant to the first indent of Article 32 (3) of Regulation No 1009/67/EEC, contracts shall fix the time limits for any advance payments and for the settlement of the purchase price for beet.

1. Such time limits shall be those valid during the 1967/68 marketing year ; inter-trade agreements may derogate from this provision.

Article 11

Detailed rules for the application of Articles 4 and 10 may be adopted in accordance with the procedure laid down in Article 40 of Regulation No 1009/67/EEC.

Article 12

Where contracts lay down rules concerning matters which are dealt with in this Regulation, or where they contain provisions governing other matters, their provisions and their effects must not conflict with this Regulation.

Article 13

1. Inter-trade agreements as described in Article 1 (3) (b) shall contain arbitration clauses.

1. Where inter-trade agreements at Community, regional or local level lay down rules concerning matters which are dealt with in this Regulation, or where they contain provisions governing other matters, their provisions and their effects must not conflict with this Regulation.

1. Such inter-trade agreements may provide in particular for: (a) rules concerning the distribution to sellers of quantities of beet which the manufacturer decides to buy prior to sowing, for the manufacture of sugar within the limits of the basic quota;

(b) rules concerning the distribution referred to in Article 3 (5);

(c) the conversion scale referred to in Article 3 (3);

(d) provisions concerning choice and supply of seeds of the varieties of beet to be produced;

(e) the minimum sugar content of beet to be delivered;

(f) provision for consultation between the manufacturer and the sellers' representatives before the starting date of beet deliveries is fixed;

(g) the payment of premiums to sellers for early or late deliveries;

(h) information concerning: - the part of the pulp referred to in Article 9 (1) (b);

• the costs referred to in Article 9 (1) (c);

• the compensation referred to in Article 9 (1) (d);

(i) the removal of pulp by the seller;

(k) rules concerning the distribution to the manufacturer and sellers of any difference between the intervention price and the actual selling price of the sugar.

Article 14

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, 20 February 1968.

For the Council

The President

E. FAURE