# COMMISSION REGULATION (EC) No 1776/2004

of 14 October 2004

fixing, for the 2003/04 marketing year, the amount to be paid by sugar manufacturers to beet sellers in respect of the difference between the maximum amount of the B levy and the amount of that levy to be charged

## Preamble

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector [^1] , and in particular Article 18(5) thereof,

Whereas:

**(1)** Article 18(2) of Regulation (EC) No 1260/2001 provides that when the amount of the B levy is less than the maximum amount referred to in Article 15(4) of that Regulation, revised where necessary in accordance with paragraph 5 of that Article, sugar manufacturers must pay beet sellers 60 % of the difference between the maximum amount of the levy in question and the amount of the levy to be charged. Article 9(1) of Commission Regulation (EC) No 314/2002 of 20 February 2002 laying down detailed rules for the application of the quota system in the sugar sector [^2] provides that the amount to be paid should be fixed at the same time as the production levies and in accordance with the same procedure.

**(2)** For the 2003/04 marketing year, Commission Regulation (EC) No 1430/2004 [^3] sets the maximum amount of the B levy at 37,5 % of the intervention price for white sugar and Commission Regulation (EC) No 1775/2004 [^4] fixes the amount of the B levy for sugar to be charged for the said marketing year at 27,050 % of the intervention price for white sugar. This difference requires, in accordance with Article 18(2) of Regulation (EC) No 1260/2001, that the amount to be paid by sugar manufacturers to beet sellers should be fixed per tonne of beet of standard quality.

**(3)** The Management Committee for Sugar has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

## **Article 1**

The amount referred to in Article 18(2) of Regulation (EC) No 1260/2001 to be paid by sugar manufacturers to beet sellers in respect of the B levy shall be fixed for the 2003/04 marketing year at EUR 5,151 per tonne of beet of standard quality.

## **Article 2**

This Regulation shall enter into force on the third day following that of its publication in the *Official Journal of the European Union* .

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 October 2004. *For the Commission* Franz FISCHLER *Member of the Commission*

[^1] [OJ L 178, 30.6.2001, p. 1](http://publications.europa.eu/resource/oj/JOL_2001_178_R_TOC) . Regulation as last amended by Regulation (EC) No 39/2004 ( [OJ L 6, 10.1.2004, p. 16](http://publications.europa.eu/resource/oj/JOL_2004_006_R_TOC) ).

[^2] [OJ L 50, 21.2.2002, p. 40](http://publications.europa.eu/resource/oj/JOL_2002_050_R_TOC) . Regulation as last amended by Regulation (EC) No 38/2004 ( [OJ L 6, 10.1.2004, p. 13](http://publications.europa.eu/resource/oj/JOL_2004_006_R_TOC) ).

[^3] [OJ L 203, 12.8.2003, p. 15](http://publications.europa.eu/resource/oj/JOL_2003_203_R_TOC) .

[^4] See p. 64 of this Official Journal.

[^1]: . Regulation as last amended by Regulation (EC) No 39/2004 ().
[^2]: . Regulation as last amended by Regulation (EC) No 38/2004 ().
[^3]: .
[^4]: See p. 64 of this Official Journal.