2002R1381 — EN — 02.08.2002 — 000.001 — 1
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►B COMMISSIONREGULATION(EC)No1381/2002
of29July2002
layingdowndetailedrulesforopeningandadministrationofthetariffquotasforrawcanesugar
forrefining,originatingintheleastdevelopedcountries,forthemarketingyears2002/03to2005/
06
(OJ L 200, 30.7.2002, p. 14)
Corrected by:
►C1Corrigendum, OJ L 302, 6.11.2002, p. 35 (1381/2002)
▼B
COMMISSIONREGULATION(EC)No1381/2002
of29July2002
laying down detailed rules for opening and administration of the
tariff quotas for raw cane sugar for refining, originating in theleastdevelopedcountries,forthemarketingyears2002/03to2005/
06
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2501/2001 of 10
December 2001 applying a scheme of generalised tariff preferencesfor the period 1 January 2002 to 31 December 2004(
1), and in parti-
cular Article 9(6) thereof,
Whereas:
(1)Article 9(5) of Regulation (EC) No 2501/2001 lays down that,
until Common Customs Tariff duties are entirely suspended, aglobal tariff quota at zero duty is to be opened for everymarketing year for products of CN code 1701 11 10, originatingin a country that according to Annex I to that Regulation, bene-fits from the special arrangements for least developed countries.
The tariff quota for the marketing year 2002/03 is to be equal to
85313 tonnes, white sugar equivalent, for products of CN code170111 10. For each of the following marketing years, thequotas shall be increased by 15 % over the quotas of theprevious marketing year.
(2)Those provisions have to be implemented within the frameworkof the common trading system established by Council Regulation(EC) No 1260/2001 of 19 June 2001 on the common organisa-tion of the markets in the sugar sector(
2), as last amended by
Commission Regulation (EC) No 680/2002(3).
(3)The quantities of raw sugar benefiting from the global tariff
quotas should be imported under conditions which meet therefining needs of the Member States referred to in Article 39(2)
of Regulation (EC) No 1260/2001.
(4)The experience gained under Commission Regulation (EC) No
1978/2001 of 10 October 2001 on opening a tariff quota forraw cane sugar for refining, originating in the least developed
countries, for the marketing year 2001/02(
4), justifies estab-
lishing detailed rules governing the opening and management ofthe quotas for a longer period. That period should cover fourmarketing years.
(5)To ensure an adequate price for the raw cane sugar exported bythe least developed countries to the Community, a minimumprice to be paid by the refiners should be fixed. The minimumprice should take into account the factors applying for themarketing years 2002/03 to 2005/06.
(6)The general rules as regards import licences of CommissionRegulation (EC) No 1291/2000 of 9 June 2000 laying downcommon detailed rules for the application of the system ofimport and export licences and advance fixing certificates for
agricultural products(
5), as last amended by Regulation (EC)
No 2299/2001(6), as well as the special detailed rules for the
sugar sector established by Commission Regulation (EC) No2002R1381 — EN — 02.08.2002 — 000.001 — 2
(1) OJ L 346, 31.12.2001, p. 1.
(2) OJ L 178, 30.6.2001, p. 1.
(3) OJ L 104, 20.4.2002, p. 26.
(4) OJ L 270, 11.10.2001, p. 9.
(5) OJ L 152, 24.6.2000, p. 1.
(6) OJ L 308, 27.11.2001, p. 19.
▼B
1464/95(1), as last amended by Regulation (EC) No 996/2002(2),
should apply. To facilitate the administration of the quotas underthe present Regulation and to ensure the respect of the annual
quota quantity, detailed rules concerning the issue of the licences
for the import of raw sugar expressed as white sugar equivalentshould be decided.
(7)The provisions concerning the proof of origin set out in Articles
67 to 97 of Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down provisions for the implementation of CouncilRegulation (EEC) No 2913/92 establishing the CommunityCustoms Code(
3), as last amended by Regulation (EC) No 444/
2002(4), establish the definition of the concept of originating
products to be used for the purposes of generalised tariff prefer-
ences.
(8)Since the Council in fixing the global tariff quotas has not
provided for a margin to exceed these quantities, the fullCommon Customs Tariff duty should apply to all quantitiesconverted into white sugar equivalent, imported in excess of
those figuring on the import licence. In order to avoid excess of
imported raw sugar in the Community from the least developedcountries, provisions are necessary to ensure that the importedquantities of sugar are effectively refined by the end of themarketing year concerned or before a certain date set by the
Member State.
(9)In order to respect the annual quota quantity as set out by Regu-
lation (EC) No 2501/2001, the Member States shouldcommunicate to the Commission quantities of raw sugarexpressed in white sugar equivalent.
(10)The measures provided for in this Regulation are in accordancewith the opinion of the Generalised Preferences Committee,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down the rules for opening and administration of
the tariff quotas for raw cane sugar for refining referred to in Article9(5) of Regulation (EC) No 2501/2001, for the marketing years 2002/
03, 2003/04, 2004/05 and 2005/06.
Article 2
For the purposes of this Regulation:
— ‘marketing year’ shall mean the marketing year referred to in
Article 1(2)(m) of Regulation (EC) No 1260/2001,
— ‘refiner’ shall mean a person who imports for the needs of his
refinery within the meaning of Article 7(4), fourth indent, of Regu-lation (EC) No 1260/2001.
Article 3
1. The following global tariff quotas at zero duty of products of CN
code 1701 11 10, expressed as white sugar equivalent, are opened forthe following marketing years for imports originating in a country thataccording to Annex I to Regulation (EC) No 2501/2001 benefits from
the special arrangements for least developed countries:
— 85313 tonnes for the marketing year 2002/03,
— 98110 tonnes for the marketing year 2003/04,
— 112827 tonnes for the marketing year 2004/05, and2002R1381 — EN — 02.08.2002 — 000.001 — 3
(1) OJ L 144, 28.6.1995, p. 14.
(2) OJ L 152, 12.6.2002, p. 11.
(3) OJ L 253, 11.10.1993, p. 1.
(4) OJ L 68, 12.3.2002, p. 11.
▼B
— 129751 tonnes for the marketing year 2005/06.
Each of these quotas shall bear the order No of respectively 09.4302;
09.4303; 09.4304 and 09.4305.
These quotas shall be opened on the first day of the marketing year
concerned and remain open until the last day of that marketing year.
2. All Common Customs Tariff duties, as well as any additional
duties referred to in Article 24 of Regulation (EC) No 1260/2001, onimports under these quotas are suspended.
Article 4
1. A minimum purchase price of standard quality raw sugar (cif,
free out of European ports of the Community) to be paid by the refi-
ners shall apply to imports under the quotas referred to in Article 3(1).
2. The minimum purchase price for each marketing year corre-
sponds to the intervention price for raw sugar referred to in Article2(2) of Regulation (EC) No 1260/2001, reduced by the amount, multi-plied by the yield of 0,92 for raw sugar, of the adjustment aid to therefining industry applicable for the marketing year in question, in
conformity with Article 38(1) and (4) of the said Regulation
Article 5
1. Imports under the quotas referred to in Article 3(1) shall require
an import licence issued in accordance with Regulation (EC) No 1291/2000 and Regulation (EC) No 1464/95, subject to the provisions of thisRegulation.
2. Applications for licences shall be submitted by the refiners to the
competent body of the Member States referred to in Article 39(2) of
Regulation (EC) No 1260/2001. This application shall be accompanied
by a declaration by which the refiner undertakes to refine the quantityof raw sugar in question before the end of the marketing year duringwhich it is imported.
3. Import licences may be issued only within the limits of the quotas
referred to in Article 3(1). These licences shall be issued by the
Member States of import concerned.
4. Refiners may transfer licences to other refiners. In this case, the
refiner informs without delay the competent authority of the MemberState having issued the original licences. However, the obligations toimport and refine are not transferable and Article 9 of Regulation No1291/2000 shall continue to apply.
5. Import licences shall be valid from the date on which they are
issued until the end of the marketing year in respect of which they areissued. However, where in accordance with paragraph 8 a licence isissued before the quota has been opened, the licence shall be validonly from the date of the quota opening.
6. The security relating to the licences shall be EUR 0,30 per 100 kg
net weight of sugar.
7. Import licence applications and licences themselves shall include
the following entries:
— in Section 8: the country or countries of origin (country or countries
included in the special arrangements for least developed countries
according to column H of Annex I to Regulation No 2501/2001),
— in Sections 17 and 18: the quantity of raw sugar, expressed as white
sugar equivalent,
— in Section 20: ‘Raw sugar for refining imported pursuant to Article
9(5) of Regulation (EC) No 2501/2001. Quota order No … (Noreferred to in Article 3(1))’.
8. The period during which applications for import licences may be
submitted shall start three weeks before the first day of the marketingyear concerned.2002R1381 — EN — 02.08.2002 — 000.001 — 4
▼B
9. Import licence applications shall be submitted from Monday to
Friday of each week to the competent authorities of the Member Stateof import concerned. Member States shall notify the Commission on
the first working day of the following week the quantities of raw sugar,
expressed as white sugar equivalent, for which applications of importlicences have been submitted during the preceding week, in specifyingthe quantities by countries of origin.
10. The licences shall be issued on the fourth working day following
that of the notification referred to in paragraph 9, provided that theCommission has not objected.
11. The Commission shall draw upa weekly total of the quantities
for which import licences have been submitted. Where licence applica-
tions exceed the quota quantity for the current marketing year, the
Commission shall limit the issue of licences pro rata to the quantityremaining and, if appropriate, shall inform the Member States that themaximum quantity of the quota concerned has been reached.
Article 6
1. Proof of the originating status of the imports under the quota
referred to in Article 3(1) shall be furnished by a certificate of originForm A issued in accordance with Articles 67 to 97 of Regulation(EEC) No 2454/93.
2. The certificate of origin form A shall bear, in box 4:
— the phrase ‘Quota order No … (No referred to in Article 3(1)) —
Regulation (EC) No 1381/2002’,
— the date of loading of the sugar in the exporting beneficiary
country, and the marketing year in respect of which delivery is
being made,
— CN code 1701 1110.
3. The customs authorities of the importing Member State shall indi-
cate on the certificate of origin form A:
— the date, established on the basis of a shipping document, on which
loading of the sugar in the port of export was completed,
— information relating to the import operation and the quantities of
raw sugar actually imported.
4. Where refiners transfer import licences to other refiners pursuant
to Article 5(4), the Member State shall collect the completed certifi-cates of origin form A and send a copy of the certificates to theMember State which initially issued the import licence.
Article 7
1. Each Member State shall keepthe record of the quantities actu-
ally imported with the certificates of origin referred to in Article 6 ofraw sugar and shall convert these quantities in white sugar equivalent
on the basis of the polarisation stated, applying the provisions under
point II(3) of Annex I to Regulation (EC) No 1260/2001.
2. Pursuant to Article 50(1) of Regulation (EC) No 1291/2000, the
full Common Customs Tariff duty applicable on the date of releasefor free circulation shall apply to all quantities, converted in white
sugar equivalent, imported in excess of those shown on the import
licence referred to in Article 5.
3. The refiner who applied for the licence must, within three months
following that of the end of the time limit for refining according to
Article 5(2), show to the Member State which issued the licence proof
of refining acceptable to it.
4. Except in the event of force majeure, if the sugar is not refined
within the time limit, the refiner who applied for the licence shall payan amount equal to the full duty applicable to raw sugar in that2002R1381 — EN — 02.08.2002 — 000.001 — 5
▼C1
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marketing year plus, where applicable, the highest additional rate of
duty recorded during that marketing year.
5. Except in the event of force majeure, where it has not been
possible for a quantity of sugar to be delivered in sufficient time to
enable it to be refined by the end of the marketing year concerned,the Member State of importation may, at the request of the refiner,extend the validity of the licence for 30 days from the beginning ofthe following marketing year. In that case the raw sugar in questionshall count against and be within the limits of the quota for the
preceding marketing year.
6. Where it has not been possible to refine a quantity of sugar by the
end of a marketing year, the Member State in question may, at therequest of the refiner, extend the time limit by a maximum of 90 daysfrom the beginning of the following marketing year. In that case, theraw sugar in question shall be refined within that extended time limit
and shall count against and be within the limits of the quota for the
preceding marketing year.
Article 8
Member States referred to in Article 39(2) of Regulation (EC) No
1260/2001 shall communicate to the Commission:
(a) at the beginning of the marketing year, the provisional quantities of
raw sugar to be imported from the different countries concerned;
(b) every month in respect of the preceding month, the quantities of
raw sugar by weight expressed in white sugar equivalent for which
import licences referred to in Article 5 have been issued;
(c) every month:
— the quantities of raw ‘tel quel’ sugar by weight and in white
sugar equivalent actually imported three months before underlicences referred to in Article 5, broken down by country oforigin,
— the quantities of raw ‘tel quel’ sugar by weight and in white
sugar equivalent refined three months before;
(d) before 1 November:
— the quantity of raw ‘tel quel’ sugar by weight and in white
sugar equivalent actually imported with licences referred to inArticle 5 during the preceding marketing year, broken downby country of origin,
— the quantity of raw ‘tel quel’ sugar by weight and in white
sugar equivalent refined that is counted against the quota of
the preceding marketing year.
Article 9
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply until 30 June 2006.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2002R1381 — EN — 02.08.2002 — 000.001 — 6