1995R1916 — EN — 18.12.1998 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1916/95
of2August1995
layingdowndetailedrulesofapplicationfortheimportationunderpreferentialagreementsontar-
iffquotasofrawcanesugarforrefining
(OJ L 184, 3.8.1995, p. 18)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 2664/98 of 10 December 1998 L 336 18 11.12.1998
1995R1916 — EN — 18.12.1998 — 001.001 — 2
▼B
COMMISSIONREGULATION(EC)No1916/95
of2August1995
layingdowndetailedrulesofapplicationfortheimportationunder
preferentialagreementsontariffquotasofrawcanesugarforrefin-
ing
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June
1981 on the common organization of the markets in the sugar sector(1),
as last amended by Regulation (EC) No 1101/95(2), and in particular
Article 37 (6) and the second subparagraph of Article 39 thereof,
Whereas Article 37 of Regulation (EEC) No 1785/81 provides that, dur-
ing the 1995/96 to 2000/01 marketing years, in order to ensure adequatesupplies to the Community refineries, a reduced rate of duty is to belevied on imports of raw cane sugar originating in the States with whichthe Community has concluded preferential supply agreements; whereas,as a result, detailed rules of application should be laid down where such
agreements are concluded;
Whereas the quantities of special preferential sugar to be imported are
laid down in accordance with the aforementioned Article 37 on the
basis of an annual Community balance; whereas, as a result, if such abalance shows the need to import raw sugar, a tariff quota at a reducedrate of duty should be opened for all or part of the marketing year inquestion, to enable the requirements of the Communitiy refineries to bemet within the limits laid down by the aforementioned Article 37 and
under the conditions laid down by the aforementioned agreements;
Whereas, as a result of the maximum refining needs fixed for each
Member State and the resultant necessity to enable the best possible
controls to be undertaken on the distribution of the quantities of raw
sugar to be imported, it is desirable to provide that only refiners shouldbe entitled to be issued with the import licences in question, and thatthey should be able to transfer them among themselves; whereas theissue of an import licence makes it obligatory to import and refine the
quantity in question within the necessary time limits, failing which the
penalty payment laid down in Article 37 (4) of Regulation (EEC) No1785/81 is payable;
Whereas, in order to ensure sound management of the import system
and proper implementation thereof, certain other special provisionsshould be laid down for import licences; whereas, furthermore, in caseswhere the yield of the raw sugar in question differs from that of thestandard quality as defined in Council Regulation (EEC) No 431/68 of
9 April 1968 determining the standard quality for raw sugar and fixing
the Community frontier crossing point for calculating cif prices forsugar(
3), as amended by Regulation (EC) No 3290/94(4), provision
should be made for the special reduced rate of duty to be adjusted onthe basis of that difference in accordance with the rules applicable toraw sugar transactions on the world market;
Whereas unforeseeable delays may arise between the loading of a quan-
tity of special preferential raw sugar and its delivery; whereas, as a
result, a certain tolerance should be permitted to take account of such
delays; whereas it is also appropriate to provide for a certain toleranceas regards the time taken for refining;
Whereas proof of the origin of imported raw sugar may be provided by
presentation of the documents provided for to that end by Commission
(1) OJ No L 177, 1. 7. 1981, p. 4.
(2) OJ No L 110, 17. 5. 1995, p. 1.
(3) OJ No L 89, 10. 4. 1968, p. 3.
(4) OJ No L 349, 31. 12. 1994, p. 105.
1995R1916 — EN — 18.12.1998 — 001.001 — 3
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Regulation (EEC) No 2782/76 of 17 November 1976 laying down
detailed implementing rules for the importation of preferential sugar(1),
as last amended by Regulation (EEC) No 1714/88(2);
Whereas, as a result of the special nature of the imports in question,
provision should be made for certain derogations from Commission
Regulation (EC) No 1464/95 of 27 June 1995 on special detailed rulesfor the application of the system of import and export licences in thesugar sector(
3), which also applies to those imports;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
1. During the period referred to in Article 36 of Regulation (EEC)
No 1785/81, the shortfall referred to in the second subparagraph of Arti-
cle 37 (3) of that Regulation shall be fixed for each marketing year orpart thereof, on the basis of a Community forecast supply balance forraw sugar. For the purposes of determining that balance, the establisheddirect consumption to be taken into account shall not exceed the limitfor such consumption referred to in Article 37 (3) of Regulation (EC)
No 1785/81.
▼
M1
1a. Notwithstanding Article 45 of Commission Regulation (EEC) No
3719/88(4), quantities imported benefiting from the positive tolerance
provided for in Article 8(4) of that Regulation shall be deemed to have
been delivered under the quota referred to in Article 1(2) provided they
are covered by the certificate of origin referred to in Article 5.
▼B
2. The shortfall may be imported by opening tariff quotas at a special
reduced rate of duty agreed with the States referred to in Article 33 ofRegulation (EEC) No 1785/81 and other States. It may be distributedbetween the Member States on the basis of their respective maximum
presumed needs.
Article 2
1. The licences relating to these imports may be issued only within
the limits of the quotas referred to in Article 1 (2). These licences shallbe issued by the Member States referred to in Article 37 (2) of Regula-
tion (EEC) No 1785/81 only to those refiners who import for the needs
of their refineries within the meaning of Article 9 (4) of that Regula-tion.
However, the licences in question may be transferred by refiners to
other refiners within the meaning of that Article 9 (4). The obligations
to import and refine are not transferable and Article 9 of Commission
Regulation (EEC) No 3719/88(
5) continues to apply.
2. The Member States concerned shall issue licences only within the
limits of the import needs in special preferential sugar fixed, where
necessary, for their refineries.
Article 3
The special reduced rate of duty fixed for each marketing year shall
apply to raw sugar of the standard quality as defined in Article 1 ofRegulation (EEC) No 431/68.
(1) OJ No L 318, 18. 11. 1976, p. 13.
(2) OJ No L 152, 18. 6. 1988, p. 23.
(3) OJ No L 144, 28. 6. 1995, p. 14.
(4) OJ L 331, 2.12.1988, p. 1.
(5) OJ No L 331, 2. 12. 1988, p. 1.
1995R1916 — EN — 18.12.1998 — 001.001 — 4
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Whereas the polarization of the imported raw sugar deviates from 96
degrees, the special reduced rate of duty shall be increased or decreased,as the case may be, by 0,14 % for each one-tenth of a degree by whichit deviates.
Article 4
1. Notwithstanding Article 6 (1) of Regulation (EC) No 1464/95 and
without prejudice to Article 6 (1), import licences for raw sugar underthe system provided for in this Regulation shall be valid from the dataon which they are issued until the end of the marketing year in respectof which they are issued.
2. The licence applications referred to in paragraph 1 shall be sub-
mitted by the refiner to the competent body of the Member State ofimport concerned and shall be accompanied by a declaration by whichthe refiner undertakes to refine the quantity of raw sugar in question in
the marketing year in respect of which it is imported.
Without prejudice to Article 6, if the sugar in question is not refined
within the time limit laid down, the refiner who applied for the licence
shall pay an amount equal to the full rate of duty applicable to rawsugar in the marketing year in question plus, where applicable, the high-est additional rate of duty recorded during that marketing year.
The refiner who applied for the licence must show proof of relating to
the Member State which issued the licence and that is acceptable to itwithin three months of the end of the time limit laid down for refining.
3. Section [12] of import licence applications and of licences them-
selves shall include the following entry:
‘Raw sugar originating in … (name of the country or countries
referred to in Article 1 (2)) imported at a special reduced rate of
duty pursuant to Article 37 (1) of Regulation (EEC) No 1785/81’.
4. The security relating to licences as referred to in paragraph 1 shall
be ECU 0,30 per 100 kilograms net weight of sugar.
5. For the purposes of Article 37 (4) of Regulation (EEC) No 1785/
81, amounts in excess of the maximum presumed needs shall be deemed
to be the quantities of preferential raw sugar, of special preferential
sugar, of raw sugar obtained in the French Overseas Departments and,where applicable, of raw sugar from beet referred to in Article 36 (5) ofRegulation (EEC) No 1785/81, which have been actually refined in refi-neries over and above the presumed needs fixed for the Member State
in question in paragraph 2 of the aforementioned Article 37.
Article 5
1. Proof of the origin of the sugar imported from the States referred
to in Article 1 (2) shall be provided by presentation of a certificate oforigin provided for, as the case may be, in Article 6 or Article 7 ofCommission Regulation (EEC) No 2782/76(
1).
2. The certificate of origin referred to in paragraph 1 shall bear:
— the indication ‘special preferential raw sugar — Application of Reg-
ulation (EC) No 1916/95’,
— the date of loading of the sugar and the marketing year in respect of
which delivery is being made,
— the CN code of the product in question.
3. The copies provided by applicants referred to in paragraph 1 above
shall be forwarded by the Member States to the Commission.
The competent authorities of the Member States shall enter on the
copies of the certificates:
(1) OJ No L 318, 18. 11. 1976, p. 13.
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— the appropriate date, established on the basis of a shipping docu-
ment, on which loading of the sugar in the port of export was com-pleted,
— information relating to the import operation and the quantities actu-
ally imported.
Article 6
1. Except in the event of force majeure , where it has not been possi-
ble for a quantity of special preferential sugar to be delivered in suffi-cient time to enable it to be refined by the end of the marketing year inrespect of which the licence referred to in Article 4 (1) has been issued,the Member State of importation may, at the request of the refiner,extend the validity of the licence for 30 days from the beginning of the
following marketing year.
In that case, the raw sugar in question shall be refined within the time
limit referred to in paragraph 2 and shall count against and be withinthe limits of the maximum presumed needs for the preceding marketingyear.
2. Where it has not been possible to refine a quantity of special pre-
ferential sugar by the end of the marketing year in respect of which the
licence referred to in Article 4 (1) has been issued, the Member State in
question, may, at the request of the refiner, allow an additional refiningtime limit of a maximum of 90 days from the beginning of the follow-ing marketing year.
In that case, the raw sugar is question shall be refined within that time
limit and shall count against and be within the limits of the maximumpresumed needs for the preceding marketing year.
Article 7
Where the refiner pays the special reduced rate of duty referred to in
Article 3, that duty should be deducted from the minimum price laid
down in the agreement referred to in Article 37 (1) of Regulation (EEC)No 1785/81.
Article 8
The Member States concerned shall notify to the Commission:
(a) every week in respect of the preceding week, the quantity of raw
sugar by weight for which import licences as referred to in Article
4 have been issued,
(b) every month in respect of the preceding month:
— the quantity of raw sugar by weight actually imported under
licences as referred to in Article 4,
— the quantity of raw sugar in question by weight and in white
sugar equivalent refined during the month preceding that inwhich the report is made,
(c) by 31 July of each marketing year, the quantity of raw sugar by
weight intended for refining, in stock at the refineries on 1 July ofthat marketing year.
Article 9
This Regulation shall enter into force on the day following its publica-
tion in the Official Journal of the European Communities .
It shall apply from 1 July 1995.This Regulation shall be binding in its entirety and directly applicable
in all Member States.