Commission Regulation (EC) No 2664/98 of 10 December 1998 amending Regulation (EC) No 1916/95 laying down detailed rules of application for the importation under preferential agreements on tariff quotas of raw cane sugar for refining
Date: 1998-12-10
Institutions: European Commission
Subjects: cane sugar, import, quantitative restriction, raw sugar, sugar refining, tariff quota

L 336/18

EN

Official Journal of the European Communities

11. 12. 98

COMMISSION REGULATION (EC) No 2664/98

of 10 December 1998

amending Regulation (EC) No 1916/95 laying down detailed rules of application
for the importation under preferential agreements on tariff quotas of raw cane
sugar for refining

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

therefore be granted from Article 45 of Regulation (EEC)
No 3719/88;

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 37(6) and the second subparagraph of
Article 39 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 37 of Regulation (EEC) No 1785/81
establishes the maximum presumed supply needs of the
refining industry expressed as white sugar per marketing
year for the 1995/96 to 2000/01 marketing years; whereas
when partial deliveries 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 in any event the quantities quali-
fying for preferential conditions in any one delivery year
may not exceed the above maximum needs allocated to
each refining Member State; whereas a derogation should

(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.

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

The following paragraph 1a is hereby added to Article 1
of Commission Regulation (EC) No 1916/95 (6):

‘1a. 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 be deemed to
have been delivered under the quota referred to in
Article 1(2) provided they are covered by the certifi-
cate of origin referred to in Article 5.

(*) 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.

(6) OJ L 184, 3. 8. 1995, p. 18.

11. 12. 98

EN

Official Journal of the European Communities

L 336/19

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