Examples of using Exportable surplus in English and their translations into Polish
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The USA has had an annual exportable surplus of up to 5 million tons.
The exportable surplus is calculated on the basis of sugar quantities disposed of for consumption within the Community.
Sugar- Production levies- Detailed rules for the application of the quota system- Calculation of the exportable surplus- Calculation of the average loss.
I am accordingly of the view that, when determining the exportable surplus, account should be taken only of those export quantities of sugar in respect of which export refunds have actually been paid.
The estimate of the total loss is, according to Article 15(1)(e) of that regulation, calculated by multiplying the exportable surplus by the average loss.
As the exportable surplus is the difference between Community production under quotas A and B and consumption within the Community, the latter is not intended to include the quantities of exported products, regardless of whether they have or have not benefited from export refunds.
No objective justification for using two different quantities for the purpose of calculating the exportable surplus and the average loss per tonne of sugar.
Pursuant to Article 15(1)(c) of Regulation No 1260/2001, for the purpose of calculating the exportable surplus, all the quantities of exported products which fall under that article must, regardless of whether or not refunds have actually been paid, be subtracted from consumption;
The estimate of overall loss is, according to Article 15(1)(e)of Regulation No 1260/2001, obtained by multiplying the exportable surplus by the average loss.
Is Article 15 of[Regulation No 1260/2001] to be interpreted as meaning that,when determining the exportable surplus, account should be taken only of those export quantities of sugar, isoglucose and inulin syrup in respect of which export refunds have actually been paid?
It will be recalled that in accordance with Article 15 of the basic regulation the overall loss, which determines the rate of the production levy,is the product of the exportable surplus and the average loss.
Is Article 15 of[the basic regulation] to be interpreted as meaning that,when determining the exportable surplus, account should be taken only of those export quantities of sugar, isoglucose.
First, Jülich submitted, when calculating the exportable surplus the Commission had wrongly included the quantity of 504 205 tonnes of sugar exported from the Community in the form of processed goods, in respect of which no export refunds had been paid, since, moreover, the Community budget had suffered no loss in respect of that quantity.
The Commission submits that the basic regulation gives it no choice butto take into account when calculating the exportable surplus all exports, including those which have not benefited from export refunds.
Exportable surplus' within the meaning of Article 15 of the basic regulation as requiring the inclusion in the export quantities used in determining the‘quantities disposed of for consumption in the Community' only of those export quantities in respect of which export refunds have actually been paid in the relevant marketing year.
As Jülich submits, the term‘overall loss' in Article 15(1)(e) is hierarchically superior to the subordinate terms‘exportable surplus' and‘average loss' and must therefore colour the interpretation of the latter terms.
If, however, Article 15 of the basic regulation requires that, when calculating the exportable surplus, all the export quantities of sugar are to be taken into account- regardless of the fact that no export refunds have been paid in respect of a portion of those quantities- the question would arise whether that must also be the case when calculating the average loss per tonne of sugar.
The applicants and the French, Greek and Italian Governments submit, in essence, that in accordance with Article 15 of the basic regulation account should be taken,when determining the exportable surplus, only of those exports of sugar in respect of which export refunds have actually been paid.
If Question 1 is to be answered in the negative: is Article 15 of[Regulation No 1260/2001] to be interpreted as meaning that,when determining both the exportable surplus and the average loss per tonne of sugar, all exports are to be taken into account, even where no export refunds were paid in respect of a portion of those exports in the relevant marketing year?
Article 15(1)(d) of that regulation is to be interpreted as meaning that all the quantities of exported products which fallunder that article must, regardless of whether or not refunds have actually been paid, be taken into account for the purpose of calculating both the exportable surplus and the average loss per tonne of product;
In the light of the foregoing, Article 15(1)(c) of Regulation No 1260/2001 must be interpreted as meaning that, for the purpose of calculating the exportable surplus, all the quantities of exported products which fall under that article, regardless of whether or not refunds have actually been paid, are to be subtracted from consumption.
Joined Cases C-5/06 and C-23/06 to C-36/06: Zuckerfabrik Jülich AG, formerly Jülich AG v Hauptzollamt Aachen and Saint Louis Sucre SNC and Others v Directeur général des douanes et droits indirects andReceveur principal des douanes et droits indirects de Gennevilliers(Sugar- Production levies- Detailed rules for the application of the quota system- Calculation of the exportable surplus- Calculation of the average loss) Reference for a preliminary ruling from the Finanzgericht Düsseldorf and from the Tribunal de grande instance de Nanterre.
Pursuant to Article 15(1)(c) of Regulation No 1260/2001 on the common organisation of the markets in the sugar sector, for the purpose of calculating the exportable surplus, all the quantities of exported products which fall under that article must, regardless of whether or not refunds have actually been paid, be subtracted from consumption.
The first question in both Jülich and Saint Louis Sucre asks essentially whether Article 15 of the basic regulation requires account to be taken,when determining the exportable surplus, only of those export quantities in respect of which export refunds have in fact been paid.
Pursuant to Article 15(1)(c) of Council Regulation(EC)No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector, for the purpose of calculating the exportable surplus, all the quantities of exported products which fall under that article must, regardless of whether or not refunds have actually been paid, be subtracted from consumption.
For example, the quantities of products which may be in stock at the end of the marketing year must be entered in the accounts as unconsumed quantities for the purpose of establishing the exportable surplus even though, by definition, they have not, at that stage, benefited from disposal support measures.
In Case C-5/06 Jülich, the producer complains essentially that the Commission,in determining the quantities of sugar disposed of for consumption within the Community used when calculating the exportable surplus, should not have included, sugar exported from the Community in the form of processed goods in respect of which no export refunds were paid, since no loss resulted to the Community budget from those exports.
Consequently, the applicants in the main proceedings challenge the validity of Article 6(4) of Regulation No 314/2002, which, they claim,in the version as amended by Regulation No 1140/2003, gives too wide a definition to the concept of exportable surplus, contrary to the principles of proportionality, the hierarchy of norms and the limitation of the Commission's implementing powers.
It should be pointed out that the estimate of the total loss, as defined in Article 15(1)(e) of Regulation No 1260/2001, is not identical to the total amount of refunds for the marketing year concerned, butis made up of the product of the exportable surplus and the estimate of the average loss per tonne of sugar for export obligations to be fulfilled during the current marketing year.
The applicants in the main proceedings claim that the relevant Community legislation laid down different accounting for sugar exported in the form of processed products not eligible for export refunds, first,by including it in the exportable surplus to be financed and, second, by excluding it from‘the export obligations in question' which enable‘the average loss' to be calculated in order to finance effectively the disposal of that surplus. .