Commission Regulation (EC) No 2665/98 of 10 December 1998 amending Regulation (EEC) No 2782/76 laying down detailed implementing rules for the importation of preferential sugar
Date: 1998-12-10
Institutions: European Commission
Subjects: import, import licence, quantitative restriction, sugar, tariff preference

L 336/20

EN

Official Journal of the European Communities

11. 12. 98

COMMISSION REGULATION (EC) No 2665/98

of 10 December 1998

amending Regulation (EEC) No 2782/76 laying down detailed implementing rules
for the importation of preferential sugar

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 organisation of the
last amended by
markets
Commission Regulation (EC) No 1148/98 (2), and in
particular Article 13 thereof,

in the sugar

sector (1), as

Whereas Commission Regulation (EC) No 1033/98 (3)
amends Article 45 of Regulation (EEC) No 3719/88 (4), as
last amended by Regulation (EC) No 1044/98 (5), so that
quantities imported in excess of the quantity shown on
the import licence within the tolerance provided for in
Article 8(4) of Regulation (EEC) No 3719/88 do not
qualify under the preferential arrangements;

Whereas Article 5 of Commission Regulation (EEC) No
2782/76 of 17 November 1976 laying down detailed
implementing rules for the importation of preferential
sugar (6), as last amended by Regulation (EEC) No 1714/
88 (7), stipulates that a quantity which exceeds the relevant
agreed quantity must be attributed by the Commission to
the following delivery period; whereas when partial deliv-
eries of raw sugar are imported the white sugar equivalent
cannot actually be determined until after the raw sugar
has been analysed or refined; whereas application of
Article 45 of Regulation (EEC) No 3719/88 would have a
disproportionately severe financial impact on operators;
whereas there therefore appears to be no justification for
not allowing quantities imported within the tolerance to
qualify for
the preferential arrangements; whereas a
derogation should therefore be granted from Article 45 of
Regulation (EEC) No 3719/88;

Whereas imports carried out in the same marketing year
should be subject to the same rules for reasons of equality
of treatment; whereas the derogation should therefore be
applied with effect from the date of entry into force of
Regulation (EC) No 1033/98;

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

Article 8 of Regulation (EEC) No 2782/76 is amended as
follows:
1. the current text becomes paragraph 1;
2. the following paragraph 2 is added:

‘2. Notwithstanding Article 45 of Commission
Regulation (EEC) No 3719/88 (*), quantities imported
benefiting from the positive tolerance provided for in
Article 8(4) of that Regulation shall qualify for the
preferential arrangements provided they are covered by
the certificate or declaration referred to in Articles 6
and 7 of the same Regulation.

(*) OJ L 331, 2.12.1988, p. 1.'

Article 2

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the
European Communities.

It shall apply to licences and certificates requested with
effect from the entry into force of Regulation (EC) No
1033/98.

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

Done at Brussels, 10 December 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 177, 1. 7. 1981, p. 4.
(2) OJ L 159, 3. 6. 1998, p. 38.
(3) OJ L 148, 19. 5. 1998, p. 4.
(4) OJ L 331, 2. 12. 1988, p. 1.
(5) OJ L 149, 20. 5. 1998, p. 11.
(6) OJ L 318, 18. 11. 1976, p. 13.
(7) OJ L 152, 18. 6. 1988, p. 23.