EN OfficialJournaloftheEuropeanCommunities 30.9.2000 L246/64
COMMISSION REGULATION (EC) No 2081/2000
of 29 September 2000
provid ing for the continuedapplication of safeguardmeasures for imports from the overseas
countries andterritories of sugar sector prod ucts with EC/OCT cumulation of origin
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the EuropeanCommunity,
Having regard to Council Decision 91/482/EEC of 25 July
1991 on the association of the overseas countries and terri-tories with the European Economic Community(
1), as last
amendedbyDecision2000/169/EC(2),hereafterreferredtoas
the ‘OCT Decision’, and in particular Article 109 thereof,
Following consultation with the Committee set up under
Article 1(2) of Annex IV to that Decision,
Whereas:
(1)The Commission has noted that imports of sugar (CN
code 1701) and of mixtures of sugar and cocoa fallingwithin CN codes 18061030 and 18061090 origin-atingintheoverseascountriesandterritories(theOCT)increased greatly between 1997 and 1999, particularythoseimportswithEC-OCTcumulationoforigin,whichincreased from zero tonnes in 1996 to more than53000 tonnes in 1999. Such products are importedinto the Community free of import duties and areadmitted without quantity limits in accordance withArticle 101(1) of the OCT Decision.
(2)By Decision of 25 February 2000 extending Decision91/482/EEContheassociationoftheoverseascountriesandterritorieswiththeEuropeanEconomicCommunity,the Council extended the period of application of theOCT Decision until 28 February 2001.
(3)Commission Regulation (EC) No 465/2000 of 29February 2000 introducing safeguard measures forimports from the overseas countries and territories ofsugar sector products with EC/OCT(
3) cumulation of
origin for the products referred to in recital 1 to amaximumof3340tonnesofsugarforthetheperiod1March to 30 September 2000.
(4)In the past few years difficulties have arisen on theCommunity sugar market, a market in surplus. Sugarconsumption is constant at some 12,8 million tonnesper year, while production under quota is around 14,3million tonnes per year. Any imports of sugar into theCommunity therefore involve a corresponding quantityof Community sugar which cannot be sold on thatmarket having to be exported. Refunds for that sugar,
within the limit of certain quotas are charged to theCommunity budget (currently at around EUR 520/tonne). However, exports with refund are limited involume by the Agreement on Agriculture concluded aspart of the Uruguay round(
4) and have been reduced
from1555600tonnesforthe1995/96marketingyearto 1273500 tonnes for the 2000/01 marketing year.
(5)The operation of the COMin sugar may be greatlydestabilised by these difficulties. For the 2000/01marketing year, the Commission decided to reduceCommunity producers quotas by some 500000tonnes(
5).Anyfurtherimportofsugarorproductswith
ahighsugarcontentfromtheOCTwillmeanagreaterreductioninthequotaforCommunityproducersandagreater guaranteed income loss for them.
(6)Asaresultofthesecontinuingdifficulties,thereisariskthatasectorofCommunityactivitywilldeteriorate.TheCommission therefore decided on 19 September 2000tocontinuetoapplythesafeguardclauseprovidedforinArticle109oftheOCTDecisioninrespectofimportsofsugar sector products from the OCT with EC-OCTcumulation of origin.
(7)Article100oftheOCTDecisionstatesthatitsobjectisto promote trade between the overseas countries andterritories and the Community, taking account of theirrespective levels of development. In accordance withArticle 109(2) of the OCT Decision, priority must begiventosuchmeasuresaswouldleastdisturbthefunc-tioning of the association and the Community. More-over,thosemeasuresmustnotexceedthelimitsofwhatis strictly necessary to remedy the difficulties that havearisen.
(8)Tothatend,EC/OCTcumulationoforiginforproductsfalling within CN codes 1701, 18061030 and18061090 should be restricted to a maximum of4848tonnesofsugarfortheperiod1October2000to28 February 2001, that figure representing the sum ofthe highest annual volumes of imports of the productsinquestionrecordedinthethreeyearspreceding1999,the year in which imports recorded a sharp rise. Indetermining the quantities of sugar to be taken into
(4) OJ L 336, 23.12.1994, p. 22.
(1) OJ L 263, 19.9.1991, p. 1. (5) Article 26(5) of Council Regulation (EC) No 2038/1999 of 13
September 1999 or the common organisation of the markets in thesugar sector (OJ L 252, 25.9.1999, p. 1).(
2) OJ L 55, 29.2.2000, p. 67.
(3) OJ L 56, 1.3.2000, p. 39.
EN OfficialJournaloftheEuropeanCommunities 30.9.2000 L246/65
consideration, the Commission takes note of the posi-
tion adopted by the President of the Court of FirstInstanceinhisrulingsof12Julyand8August2000incasesT-94/00R,T-110/00RandT-159/00R(
1),without,
however, recognising it as justified. Consequently, inordertoavoidunnecessaryproceduresandsolelyforthepurposes of adopting these safeguard measures, theCommission,forsugarfallingwithinCNcode1701andfor1997,basesitselfonthefigureof10372,2tonnesfor the total imports of sugar from the OCT withEC-OCT and ACP-OCT cumulation of origin, asrecorded by Eurostat.
(9)Safeguardmeasuresshouldalsobeintroducedforprod-ucts falling within CN codes 18061030 and18061090inviewoftheirhighsugarcontentandthesimilar prejudicial effects on the COMin sugar as withunprocessed sugar. Those measures should ensure thatthe quantities of sugar-based products imported fromtheOCTdonotexceedavolumethatcoulddisturbtheCOMin sugar, while at the same time guaranteeingthem a commercial outlet.
(10)The Commission reserves the right to propose to theCouncil, as part of a review of the OCT Decision, thatthe rules allowing cumulation be deleted or that aquantity restriction at the lowest possible level beapplied,takingaccountoftheactualfinancialbenfitstothe OCT, the objectives of the common agriculturalpolicy and budgetary restraints.
(11)The specific checks on imported goods covered by themeasures laid down by this Regulation and the checksapplicableintradewiththirdcountriesestablishedundertheCommunityrulesonreleaseforfreecirculationandcustoms value laid down by Council Regulation (EEC)No 2913/92 of 12 October 1992 establishing theCommunityCustomsCode(
2),aslastamendedbyRegu-
lation (EC) No 955/1999 of the European Parliamentand of the Council(
3), should ensure compliance with
the provisions laid down by this Regulation.
(12)Inordertoguaranteepropermanagement,avoidspecu-lation and permit effective controls, the rules for thelodgingoflicenceapplicationsshouldbespecified.Theymust include proof that the applicant normally carrieson business in the sugar sector, a declaration that nootherapplicationshavebeenlodgedbythatpersonandproof that a special security has been lodged to ensureperformance of the undertakings arising from thelicences.
(13)In view of the impact of the imports, the safeguardmeasures should be made to apply with immediateeffect,HAS ADOPTED THIS REGULATION:
Article 1
For products falling within tariff headings CN 1701,
18061030and18061090,EC/OCTcumulationoforiginasreferred to in Article 6 of Annex II to Decision 91/482/EECshall be permitted for a quantity of 4848 tonnes of sugarduring the period of validity of this Regulation.
Forproductsotherthanunprocessedsugar,thesugarcontent
of the imported product shall be taken into account for thepurposes of complying with that limit.
Article 2
1. Import of the products referred to in Article 1 shall be
subject to the issue of an import licence.
2. Articles2to6ofCommissionRegulation(EC)No2553/
97(
4)onrulesforissuingimportlicencesforcertainproducts
coveredbyCNcodes1701,1702,1703and1704andquali-fying as ACP/OCT originating products shall apply mutatis
mutandis.
However:
— licences shall bear the serial number 53.0001,
— licence applications may be for a maximum of 4848
tonnes,
— Article4(3)ofRegulation(EC)No2553/97shallnotapply;— applicationsshallbelodgedwiththecompetentauthorities
during the first five working day of each month, with theexception of October 2000, when applications may belodged by 15 October 2000 at the latest,
— the single reducing coefficient shall be applied and the
lodgingofnewapplicationssupsendedwherethequantitycovered by applications for import licences exceeds 4848tonnesduringtheperiodofapplicationofthisRegulation,
— import licences shall expire on the final day of the third
month following issue.
3. Applicationsforimportlicencesshallbeaccompaniedby
acopyoftheexportlicence,issuedinaccordancewithArticle13 of Council Regulation (EC) No 2038/1999(
5)o nt h e
common organisation of the markets in the sugar sector, forthe sugar in the products referred to in Article 1.
Article 3
ThisRegulationshallenterintoforceonthedayofitspublica-
tion in the Official Journal of the European Communities .
It shall apply from 1 October 2000 to 28 February 2001.
(1) Not yet published.
(2) OJ L 302, 19.10.1992, p. 1. (4) OJ L 349, 19.12.1997, p. 26.
(3) OJ L 119, 7.5.1999, p. 1. (5) OJ L 252, 25.9.1999, p. 1.
EN OfficialJournaloftheEuropeanCommunities 30.9.2000 L246/66
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicableinallMemberStates.
Done at Brussels, 29 September 2000.
For the Commission
Franz FISCHLER
Member of the Commission