Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (c. 1308)

ANNEX XU.K.PURCHASE TERMS FOR BEET DURING THE PERIODREFERRED TO IN ARTICLE 125(3)

POINT IU.K.

1.Delivery contracts shall be made in writing for a specified quantity of beet.U.K.

2.The duration of the delivery contracts may be pluriannual.U.K.

3.Delivery contracts may specify whether an additional quantity of beet may be supplied, and under what terms.U.K.

POINT IIU.K.

1.Delivery contracts shall indicate the purchase prices for the quantities of beet referred to in Point I.U.K.

2.The price referred to in paragraph 1 shall apply to sugar beet of a standard quality as defined in point B of Annex III.U.K.

The price shall be adjusted by price increases or reductions, agreed by the parties in advance, to allow for deviations from the standard quality.

3.The delivery contract shall specify how the evolution of market prices is to be allocated between the parties.U.K.

4.Delivery 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 delivery contract.U.K.

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

POINT IIIU.K.

Delivery contracts shall contain provisions concerning the staggering and normal duration of beet deliveries.

POINT IVU.K.

1.Delivery contracts shall provide for beet collection places and the conditions linked to delivery and transport.U.K.

2.Delivery contracts shall provide that responsibility for loading and transport costs from the collection places are clearly stipulated. Where delivery contracts require sugar undertakings to contribute to loading and transport costs, the percentage or amounts shall be clearly stipulated.U.K.

3.Delivery contracts shall provide that the costs incumbent upon each party are clearly specified.U.K.

POINT VU.K.

1.Delivery contracts shall provide for reception points for beet.U.K.

2.Where beet sellers and sugar undertakings have already signed a delivery contract for the previous marketing year, the reception points agreed upon by them for deliveries during that marketing year shall remain in operation. Agreements within the trade may derogate from this provision.U.K.

POINT VIU.K.

1.Delivery contracts shall provide for the sugar content to be determined using the polarimetric method or, in order to take into account technological developments, another method agreed between the two parties. A sample of the beet shall be drawn at the time of reception.U.K.

2.Agreements within the trade may provide for samples to be drawn at another stage. In such cases, the delivery contract shall provide for a correction to compensate for any drop in the sugar content between the reception and the drawing of the sample.U.K.

POINT VIIU.K.

Delivery contracts shall provide for the gross weight, tare and sugar content to be determined using procedures agreed:

(a)

jointly, by the sugar undertaking and the beet growers' trade organisation, if an agreement within the trade so provides;

(b)

by the sugar undertaking, under the supervision of the beet growers' trade organisation;

(c)

by the sugar undertaking, under the supervision of an expert recognised by the [F1Secretary of State], provided the beet seller defrays the costs thereof.

Textual Amendments

F1Words in Annex 10 Point 7(c) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(17); 2020 c. 1, Sch. 5 para. 1(1)

POINT VIIIU.K.

1.Delivery contracts shall require sugar undertakings to do one or more of the following for the whole quantity of beet delivered:U.K.

(a)

to return the fresh pulp from the tonnage of beet delivered free of charge to the beet seller, ex-factory;

(b)

to return part of that pulp, pressed, dried or dried and molassed, free of charge to the beet seller, ex-factory;

(c)

to return the pulp, pressed or dried, to the beet seller, ex-factory; in this case, the sugar undertaking may require the beet seller to pay the pressing or drying costs;

(d)

to pay the beet seller compensation which takes account of the possibilities of selling the pulp concerned.

2.When parts of the whole quantity of beet delivered are subject to different treatment, the delivery contract shall impose more than one of the obligations provided for in paragraph 1.U.K.

3.Agreements within the trade may provide for pulp to be delivered at a stage other than that referred to in points (a), (b) and (c) of paragraph 1.U.K.

POINT IXU.K.

Delivery contracts shall fix the time limits for any advance payments and for payment of the purchase price for beet.

POINT XU.K.

Where delivery contracts lay down rules covering matters which are dealt with in this Annex, or where they contain provisions governing other matters, their provisions and effects shall not conflict with this Annex.

POINT XIU.K.

1.Agreements within the trade as described in point 6 of Section A of Part II of Annex II shall contain arbitration clauses.U.K.

2.Agreements within the trade may lay down a standard template for delivery contracts compatible with this Regulation and [F2any applicable legislation].U.K.
Textual Amendments
F2Words in Annex 10 Point 11 paragraph 2 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 84(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

3.Where agreements within the trade at [F3national], regional or local level lay down rules covering matters which are dealt with in this Regulation, or where they contain provisions governing other matters, their provisions and effects shall not conflict with this Annex.U.K.
Textual Amendments
F3Word in Annex 10 Point 11 paragraph 3 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 84(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

4.Agreements referred to in paragraph 3 lay down, in particular:U.K.

(a)

the conversion scale referred to in Point II(4);

(b)

rules on the choice and supply of seeds of the varieties of beet to be produced;

(c)

the minimum sugar content of beet to be delivered;

(d)

a requirement for consultation between the sugar undertaking and the beet sellers' representatives before the starting date of beet deliveries is fixed;

(e)

the payment of premiums to beet sellers for early or late deliveries;

(f)

details of the conditions and costs relating to pulp as referred to in Point VIII;

(g)

the removal of the pulp by the beet seller;

(h)

rules on adapting prices in cases where pluriannual contracts are agreed;

(i)

rules on sampling and methods for determining gross weight, tare and sugar content.

[F45.A sugar undertaking and the beet sellers concerned may agree on value sharing clauses, including market bonuses and losses, determining how any evolution of relevant market prices of sugar or other commodity markets is to be allocated between them.]U.K.

Textual Amendments

F4Inserted by Commission Delegated Regulation (EU) 2016/1166 of 17 May 2016 amending Annex X to Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards purchase terms for beet in the sugar sector as from 1 October 2017.