# L_2017156EN.01001901.xml

| 20.6.2017 | EN | Official Journal of the European Union | L 156/19 |
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20.6.2017

EN

Official Journal of the European Union

L 156/19

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COMMISSION IMPLEMENTING REGULATION (EU) 2017/1085

of 19 June 2017

amending Regulation (EC) No 891/2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 (1), and in particular Article 187 thereof,

Whereas:

| (1) | An Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union (2) (‘the Agreement’) was signed on 25 November 2016. Its signature on behalf of the European Union was authorised by Council Decision (EU) 2016/1995 (3) and its conclusion by Council Decision (EU) 2017/730 (4). |
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(1)

An Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union (2) (‘the Agreement’) was signed on 25 November 2016. Its signature on behalf of the European Union was authorised by Council Decision (EU) 2016/1995 (3) and its conclusion by Council Decision (EU) 2017/730 (4).

| (2) | Under the terms of the Agreement, the European Union is to allocate an additional 78 000 tonnes to the present allocation for Brazil under the EU tariff rate quota ‘Raw Cane sugar, for refining’, tariff item 1701.13.10 and 1701.14.10, maintaining the present in quota rate of EUR 98 per tonne, and to allocate an additional 36 000 tonnes to the present allocation under the ‘Any third country’ part of the EU tariff rate quota ‘Raw Cane sugar, for refining’, tariff item 1701.13.10 and 1701.14.10, maintaining the present in quota rate of EUR 98 per tonne. |
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(2)

Under the terms of the Agreement, the European Union is to allocate an additional 78 000 tonnes to the present allocation for Brazil under the EU tariff rate quota ‘Raw Cane sugar, for refining’, tariff item 1701.13.10 and 1701.14.10, maintaining the present in quota rate of EUR 98 per tonne, and to allocate an additional 36 000 tonnes to the present allocation under the ‘Any third country’ part of the EU tariff rate quota ‘Raw Cane sugar, for refining’, tariff item 1701.13.10 and 1701.14.10, maintaining the present in quota rate of EUR 98 per tonne.

| (3) | As regards the volume of 78 000 tonnes allocated to Brazil under the EU tariff rate quota, the Agreement further provides that the European Union is to autonomously apply an in quota rate of no more than EUR 11 per tonne for the first six years during which this volume is available and an in quota rate of no more than EUR 54 per tonne in the seventh year. |
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(3)

As regards the volume of 78 000 tonnes allocated to Brazil under the EU tariff rate quota, the Agreement further provides that the European Union is to autonomously apply an in quota rate of no more than EUR 11 per tonne for the first six years during which this volume is available and an in quota rate of no more than EUR 54 per tonne in the seventh year.

| (4) | Commission Regulation (EC) No 891/2009 (5) provides for the opening and the administration of tariff quotas in the sugar sector, including those originating in Brazil and Any third country. To implement the tariff quotas for sugar laid down in the Agreement, it is therefore necessary to amend that Regulation accordingly. |
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(4)

Commission Regulation (EC) No 891/2009 (5) provides for the opening and the administration of tariff quotas in the sugar sector, including those originating in Brazil and Any third country. To implement the tariff quotas for sugar laid down in the Agreement, it is therefore necessary to amend that Regulation accordingly.

| (5) | The proposed amendments should apply from the date of entry into force of the Agreement. |
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(5)

The proposed amendments should apply from the date of entry into force of the Agreement.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets, |
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(6)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 891/2009 is amended in accordance with the Annex to this Regulation.

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.

It shall apply from the date of entry into force of the Agreement.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 June 2017.

For the Commission

The President

Jean-Claude JUNCKER

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(1)  
  OJ L 347, 20.12.2013, p. 671.

1

(2)  Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union (OJ L 108. 26.4.2017, p. 3).

2

(3)  Council Decision (EU) 2016/1995 of 11 November 2016 on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union (OJ L 308, 16.11.2016, p. 1).

3

(4)  Council Decision (EU) 2017/730 of 25 April 2017 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union (OJ L 108, 26.4.2017, p. 1).

4

(5)  Commission Regulation (EC) No 891/2009 of 25 September 2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector (OJ L 254, 26.9.2009, p. 82).

5

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ANNEX

In Annex I to Regulation (EC) No 891/2009, Part I: CXL concessions sugar is replaced by the following:

‘Part I: CXL concessions sugar

| Third country | Order number | CN code | Quantities (tonnes) | In quota rate (EUR/tonne) |
| --- | --- | --- | --- | --- |
| Australia | 09.4317 | 1701 13 10 and 1701 14 10 | 9 925 | 98 |
| Cuba | 09.4319 | 1701 13 10 and 1701 14 10 | 68 969 | 98 |
| Any third country | 09.4320 | 1701 13 10 and 1701 14 10 | 289 977  (1) | 98 |
| India | 09.4321 | 1701 | 10 000 | 0 |

Third country

Order number

CN code

Quantities (tonnes)

In quota rate (EUR/tonne)

Australia

09.4317

1701 13 10 and 1701 14 10

9 925

98

Cuba

09.4319

1701 13 10 and 1701 14 10

68 969

98

Any third country

09.4320

1701 13 10 and 1701 14 10

289 977  (1)

98

India

09.4321

1701

10 000

0

| Third country | Order number | CN code | Marketing Year | Quantities (tonnes) | In quota rate (EUR/tonne) |
| --- | --- | --- | --- | --- | --- |
| Brazil | 09.4318 | 1701 13 10 and 1701 14 10 | 2016/2017 until 2023/2024 | 334 054 | 98 |
| 09.4318 | 1701 13 10 and 1701 14 10 | From
  2024/2025 | 412 054 | 98 |
| 09.4329 | 1701 13 10 and 1701 14 10 | 2016/2017 | 19 500 | 11 |
| 2017/2018 | 78 000 | 11 |
| 2018/2019 | 78 000 | 11 |
| 2019/2020 | 78 000 | 11 |
| 2020/2021 | 78 000 | 11 |
| 2021/2022 | 78 000 | 11 |
| 2022/2023 | 58 500 | 11 |
| 09.4330 | 1701 13 10 and 1701 14 10 | 2022/2023 | 19 500 | 54 |
| 2023/2024 | 58 500 | 54’ |

Third country

Order number

CN code

Marketing Year

Quantities (tonnes)

In quota rate (EUR/tonne)

Brazil

09.4318

1701 13 10 and 1701 14 10

2016/2017 until 2023/2024

334 054

98

09.4318

1701 13 10 and 1701 14 10

From

2024/2025

412 054

98

09.4329

1701 13 10 and 1701 14 10

2016/2017

19 500

11

2017/2018

78 000

11

2018/2019

78 000

11

2019/2020

78 000

11

2020/2021

78 000

11

2021/2022

78 000

11

2022/2023

58 500

11

09.4330

1701 13 10 and 1701 14 10

2022/2023

19 500

54

2023/2024

58 500

54’

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(1)  For the marketing year 2016/2017, the quantity shall be 262 977 tonnes.

1

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