1996R1507 — EN — 01.07.1997 — 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)No1507/96
of29July1996
openingandprovidingfortheadministrationofcertaintariffimportquotasforthesupplyofraw
canesugartoCommunityrefineries
(OJ L 189, 30.7.1996, p. 82)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 385/97 of 28 February 1997 L 60 51 1.3.1997
►M2Commission Regulation (EC) No 1250/97 of 30 June 1997 L 173 92 1.7.1997
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COMMISSIONREGULATION(EC)No1507/96
of29July1996
opening and providing for the administration of certain tariff
importquotasforthesupplyofrawcanesugartoCommunityrefi-
neries
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 Commission Regulation (EC) No 1126/96(2), and
in particular Article 16 (1), Article 37 (6) and Article 39 thereof,
Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996
on the implementation of the concessions set out in Schedule CXLdrawn up in the wake of the conclusion of the GATT XXIV:6 negotia-
tions(
3), and in particular Article 1 thereof,
Whereas, following the accession of Austria, Finland and Sweden and
in the framework of the conclusion of the negotiations under Article
XXIV of the General Agreement on Tariffs and Trade (GATT), theCommunity has undertaken to import, as from 1 January 1996, a quan-tity of raw cane sugar from third countries and intended for refining ata duty of ECU 98 per tonne; whereas, in view of the delay in imple-menting that undertaking, provision should be made for a total
quantity, including the quantity which could have been imported during
the period 1 January 1996 to 30 June 1996, to be set for the first periodof application 1 July 1996 to 30 June 1997;
Whereas, in order to ensure that these quantities are imported in line
with traditional import patterns, the quantities should be allocated onthe basis of the origin of imports over a reference period covering threeyears;
Whereas the imports should be administered by means of import
licences; whereas, to that end, the detailed rules covering the submis-sion of applications and the information to appear therein, in
particular, should be defined;
Whereas the application of the tariff quota implies a strict supervision
of imports and effective control of their use and destination; whereas
the import must consequently take place in the Member State which
issued the import licence;
Whereas the rules laid down in Article 37 of Regulation (EEC) No
1785/81 apply to raw sugar imported under this Regulation for thesupply of Community refineries; whereas detailed implementing rulesshould therefore be laid down along the lines of those in CommissionRegulation (EC) No 1916/95(
4) to apply mutatis mutandis to such
sugar;
Whereas the measures provided for in this Regulation are in accor-
dance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
1. An annual tariff quota shall be opened for the import into the
Community of 85463 tonnes of tel quelraw cane sugar covered by
CN code 1701 11 10 during the period 1 July to 30 June at a duty ofECU 98 per tonne. The sugar must be imported and refined by refi-1996R1507 — EN — 01.07.1997 — 001.001 — 2
(1) OJ No L 177, 1. 7. 1981, p. 4.
(2) OJ No L 150, 25. 6. 1996, p. 3.
(3) OJ No L 146, 20. 6. 1996, p. 1.
(4) OJ No L 184, 3. 8. 1995, p. 18.
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neries within the meaning of the third subparagraph of Article 9 (4) of
Regulation (EEC) No 1785/81.
However, for the period 1 July 1996 to 30 June 1997 the quota referred
to in the first subparagraph shall be opened in respect of 128195
tonnes of tel quelraw sugar.
2. The quantities referred to in paragraph 1 shall be allocated by
country of origin in accordance with Annex I. They shall count againstthe quantities referred to in Article 37 (2) of Regulation (EEC) No
1785/81 and shall be taken into account for the purposes of applying
paragraphs 3 and 4 of that Article.
Article 2
The duty referred to in Article 1 (1) shall apply to raw sugar of the
standard quality as defined in Article 1 of Council Regulation (EEC)No 431/68(
1).
Where the polarimetric reading of the raw sugar imported deviates
from 96 degrees, the duty referred to in Article 1 shall be increased or
reduced, as the case may be, by 0,14 % for each tenth of a degree bywhich it deviates.
Article 3
1. Licences for the imports concerned may only be issued up to the
quantities referred to in Article 1 (2), and the shortfalls to meetpresumed maximum supply needs fixed for the Member States
concerned pursuant to Article 37 of Regulation (EEC) No 1785/81.
Such licences shall be issued by the Member States referred to inArticle 37 (2) of that Regulation solely to refiners who import for theneeds of their refineries within the meaning of Article 9 (4) of thatRegulation.
2. The import of the raw sugar shall take place in the Member State
which issued the import licence.
3. The licences in question shall not be transferable. However, refi-
ners may forgo the right to use licences issued. In such an event, thesecurity shall be released immediately. The Member States shall notifythe Commission forthwith of cases where rights to use licences are
foregone.
4. The provisions of Article 8 (4) of Commission Regulation (EEC)
No 3719/88(
2) shall not apply to imports under this Regulation.
Article 4
1. Notwithstanding Article 6 (1) of Commission Regulation (EC) No
1464/95(3) and without prejudice to Article 6 (1) of this Regulation,
import licences for raw sugar issued under this Regulation shall be
valid from their date of issue until 30 June thereafter.
2. Applications for licences as referred to in paragraph1 sh all be
submitted by refiners to the competent body in the Member State ofimport concerned and shall be accompanied by a declaration to theeffect that the applicant undertakes to refine the quantity of raw sugar
in question before 1 July following the date of import.
The Member States shall notify the Commission forthwith of applica-
tions submitted in the order in which they are recorded. Suchnotification shall comprise a list of applicants and the quantitiesapplied for, as well as the quantities actually imported under licencesalready issued, in accordance withth e model set out in Annex II.1996R1507 — EN — 01.07.1997 — 001.001 — 3
(1) OJ No L 89, 10. 4. 1968, p. 3.
(2) OJ No L 331, 2. 12. 1988, p. 1.
(3) OJ No L 144, 28. 6. 1995, p. 14.
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The Commission shall inform the Member State concerned as soon as
possible of the quantities covered by applications as referred to in thefirst subparagraphwh ichmay be allocated.
3. Without prejudice to Article 6, where the sugar in question is not
refined within the time limit laid down, the refiner who applied for the
licence must pay an amount equal to the full rate of duty applicable tothe raw sugar, plus any additional duty applying on the day of import.
Refiners applying for licences must, within three months of the end of
the time limit laid down for refining, provide the Member State whichissued the licence with proof of refining which the latter recognizes.
4. Section 8 of import licence applications and import licences shall
show the country of origin.
Section 24 of applications and licences shall also show the following:
‘Import of raw sugar of the standard quality at duty of ECU 9,8 per
100 kilograms pursuant to Regulation (EC) No 1507/96’.
5. The security for licences as referred to in paragraph 1 shall
amount to ECU 0,30 per 100 kilograms tel quelraw sugar.
Article 5
1. Entitlement under the tariff quota shall be conditional on the
presentation, at the time of release for free circulation, of a certificateof origin from the third country concerned which meets the conditionslaid down in Articles 47 and 56 of Regulation (EEC) No 2454/93.
2. Applications for the import licence provided for in Article 3 (1)
shall be submitted by refiners to the competent agency in the MemberState concerned accompanied by a declaration containing the particu-
lars referred to in Article 47 (b) of Regulation (EEC) No 2454/93.
Article 6
1. Where it is not possible for a quantity of sugar to be delivered in
sufficient time for it to be refined before the date laid down in Article
4 (2), the Member State of import may, on application by the refiner,extend the term of validity of the licence for 30 days from that date.
In such cases, the raw sugar in question shall be refined within the time
limit laid down in paragraph2 and sh all count against, and not lead toan overrun in, the maximum presumed needs referred to in Article 37of Regulation (EEC) No 1785/81 for the preceding marketing year.
2. Where it has not been possible for a quantity of raw sugar to be
refined before the date laid down in Article 4 (2), the Member State in
question may, on application by the refiner, grant up to 90 days' furthertime from that date for refining.
In such cases, the raw sugar in question shall be refined within that
time limit and shall count against, and not lead to an overrun in, themaximum presumed needs referred to in Article 37 of Regulation(EEC) No 1785/81 for the preceding marketing year.
Article 7
Where in a given marketing year the quantity of sugar, expressed as
white sugar, refined by an undertaking leads to an overrun of no more
than 1 % in his presumed needs as referred to in Article 37 of Regula-
tion (EEC) No 1785/81 as a result of the yield of raw sugar importedunder this Regulation, the Member State in question may, on applica-tion by the refiner, count the quantity of white sugar in questionagainst, and within the limit of his presumed maximum needs for thefollowing marketing year.1996R1507 — EN — 01.07.1997 — 001.001 — 4
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Article 8
Quantities allocated to a country of origin specified in Annex I and not
covered by import licences issued before 1 April of the marketing year
in question may be allocated to applicants for licences in respect of
other origins not specified in the said Annex.
However, it shall be possible to provide for another date to be deter-
mined on account of the particular circumstances of the marketingyear concerned.
Article 9
The Member States concerned shall notify the Commission:
(a) each week in respect of the preceding week, of the quantities of
raw sugar, expressed in weight of tel quelsugar, for which import
licences as referred to in Article 4 (1) have been issued;
(b) each month in respect of the preceding month:
— of the quantities of raw sugar, expressed in weight of tel quel
sugar, actually imported under cover of licences as referred toin Article 4 (1),
— of the quantities of raw sugar in question, in weight of tel quel
sugar and expressed as white sugar, refined during the month
preceding that of notification;
(c) before 31 July of eachmarketing year, of th e quantities of raw
sugar, expressed in weight of tel quelsugar, intended for refining
in accordance withth is Regulation and in storage at refineries at 1
July of that marketing year.
Article 10
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 1996.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1996R1507 — EN — 01.07.1997 — 001.001 — 5
▼M2
ANNEX I
Quota allocation by country of origin in tonnes of tel quel raw cane sugar
foreachperiodfrom1Julytothefollowing30June
Third country of origin Quantity
Cuba 58969
Brazil 23930
Other third countries 2 5641996R1507 — EN — 01.07.1997 — 001.001 — 6
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ANNEX II
ApplicationofReghulation(EC)No1507/96
1996R1507 — EN — 01.07.1997 — 001.001 — 7