Application for approval
1. Approval may be obtained by undertakings which apply for it and which operate as:
(a)
a sugar manufacturer,
(b)
an isoglucose manufacturer,
(c)
an inulin syrup manufacturer,
(d)
a full-time refiner within the meaning of point 13 of Article 2 of Regulation (EC) No 318/2006.
The application referred to in the first subparagraph shall be lodged with the competent authority of the Member State or Member States in which the undertaking concerned operates.
An undertaking may apply for approval for one or more of the activities referred to in the first subparagraph.
2. In its application for approval, the undertaking shall communicate its name and address, its sugar, isoglucose or inulin syrup production capacity and, where appropriate, the number of production sites in the Member State with the address and production capacity of each site.
3. An undertaking which applies for approval under point (d) of the first subparagraph of paragraph 1 shall supply proof that it meets the definition in point 13 of Article 2 of Regulation (EC) No 318/2006.
Commitments
1. For the purposes of approval, the undertaking shall agree in writing to:
(a)
notify without delay to the competent authority of the Member State any amendment of the information provided for in Article 7(2);
(b)
keep records in accordance with Article 9 and the selling prices established in accordance with Article 13 available to the competent authority of the Member State;
(c)
communicate information to the Member State in accordance with Article 21;
(d)
provide at the request of the competent authority of the Member State any information or supporting document required for management and checking.
2. Approval shall take the form of an act by the competent authority accompanied by a document signed by the undertaking listing the commitments referred to in paragraph 1.
3. Approval shall be withdrawn if it is found that one of the conditions listed in paragraph 1 is no longer met. Approval may be withdrawn in the course of a marketing year. Withdrawal shall not have retroactive effect.
Records
The competent authority of the Member State shall determine the records to be kept by all undertakings approved in accordance with Articles 7 and 8, at each of their production sites, and the frequency of such record-keeping, which must be at least monthly.
These records shall be kept by the undertaking for at least three years following the current year and comprise at least the following information:
1.
the quantities of raw material received with, in the case of beet and cane, the sugar content as determined on delivery to the undertaking;
2.
where appropriate, the end products or semi-finished products received;
3.
the quantities of end products obtained, and the quantities of by-products;
4.
the wastage during processing;
5.
the quantities destroyed and the reasons for such destruction;
6.
the quantities of end products dispatched.
Checks
1. Each marketing year, the competent authority of the Member State shall carry out checks on each approved manufacturer and refiner.
2. The checks shall aim to ensure the accuracy and completeness of the information in the records referred to in Article 9 and of the communications referred to in Article 21 by means, in particular, of an analysis of the consistency between the quantities of raw materials delivered and the quantities of end products obtained, and analysis of a reconciliation of the records with the commercial documents or other relevant documents.
The checks shall verify the accuracy of the measuring instruments and laboratory analyses used to determine deliveries of raw materials and their entry into production, the products obtained and stock movements.
Checks shall include verification of the accuracy and completeness of the data used to establish the average monthly selling prices of the undertaking referred to in Article 13(2).
For sugar manufacturers, checks shall also cover compliance with the obligation to pay the minimum price to beet growers.
At least once every two years, checks shall include physical checks on stocks.
3. Where it is provided by the competent authorities of the Member State that particular elements of the check may be carried out on the basis of a sample, that sample shall guarantee a reliable and representative level of control.
4. Member States may require approved undertakings to use a certifying body for accounts, recognised in the Member State, to certify the price data referred to in Article 13.
5. Every on-the-spot check shall be the subject of an inspection report signed by the inspector giving the details of the checks carried out. Reports shall indicate in particular:
(a)
the date of the check, and the persons present;
(b)
the period checked and the quantities involved;
(c)
the checking techniques used including, where applicable, reference to sampling methods;
(d)
the results of the check and any corrective measures required;
(e)
an assessment of the seriousness, extent, permanence and duration of any faults and discrepancies found and all other elements to be taken into consideration for the purposes of applying penalties.
Each inspection report shall be archived and kept for at least three years following the year in which the check is carried out, in a way that ensures that it is readily useable by the Commission departments responsible for checks and inspections.
Penalties
1. If the competent authority of the Member State detects a discrepancy between the physical stock and the stock recorded in the records referred to in Article 9, or a lack of consistency between the quantities of raw materials and of end products obtained or between the relevant documents and the data or quantities declared or recorded, it shall determine or, where appropriate, estimate the actual production quantities and stocks for the current marketing year and, where necessary, for the previous marketing years.
Any quantity which has given rise to an incorrect declaration resulting in an unfair financial advantage shall be subject to a payment of EUR 500 per tonne of the quantity in question.
2. If the competent authority of the Member State finds that an undertaking has failed to fulfil its obligations under Article 8, and if there are no supporting documents to meet the control objectives referred to in Article 10(2), the competent authority shall impose a penalty of EUR 500 per tonne, applied to a flat-rate quantity of end product fixed by the Member State depending on the seriousness of the infringement.
3. Paragraphs 1 and 2 shall not apply where the discrepancies and inconsistencies detected are less than 5 % in weight of the quantity of end products declared or recorded and checked or where they are due to omissions or simple administrative errors, provided that corrective measures are taken to ensure that similar errors do not recur.
4. The penalties provided for in paragraphs 1 and 2 shall not be applicable in cases of force majeure .
Communications to the Commission
1. Member States shall communicate the following information to the Commission:
(a)
a list of approved undertakings;
(b)
the quota allocated to each approved manufacturer.
This list shall be sent not later than 31 January each marketing year. For the 2006/07 marketing year, this list shall be sent for the first time not later than 31 July 2006.
In the event of withdrawal of approval, Member States shall inform the Commission thereof immediately.
2. Member States shall send the Commission not later than 31 March following the marketing year concerned an annual report comprising the number of checks carried out in accordance with Article 10 and, for each check carried out, the errors found and the action taken and penalties applied.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
