Commission Regulation (EC) No 440/1999 of 26 February 1999 opening import quotas in respect of special preferential raw cane sugar from the ACP States for supply to refineries in the period 1 March to 30 June 1999
Date: 1999-02-26
Institutions: European Commission
Subjects: ACP countries, cane sugar, import, raw sugar, sugar industry, tariff quota

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EN

Official Journal of the European Communities

27. 2. 1999

COMMISSION REGULATION (EC) No 440/1999

of 26 February 1999

opening import quotas in respect of special preferential raw cane sugar from the
ACP States for supply to refineries in the period 1 March to 30 June 1999

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
market in sugar (1), as last amended by Commission Regu-
lation (EC) No 1148/98 (2), and in particular Articles 14(2)
and 37(6) thereof,

supplies

adequate

to ensure

Whereas Article 37 of Regulation (EEC) No 1785/81 lays
down that, during the marketing years 1995/96 to 2000/
to
01 and in order
Community refineries, a special reduced duty is to be
levied on imports of raw cane sugar originating in States
with which the Community has concluded supply
arrangements on preferential terms; whereas at present
such agreements have been concluded by Council
Decision 95/284/EC (3) only with the ACP States party to
Protocol 8 on ACP sugar annexed to the Fourth
ACP-EEC Lom(cid:130) Convention, and with the Republic of
India;

Whereas the quantities of special preferential sugar to be
imported are calculated in accordance with the said
Article 37 of Regulation (EEC) No 1785/81 on the basis
of a Community forecast supply balance; whereas the
balance has indicated the need to import raw sugar and to
open at this stage for the 1998/99 marketing year a tariff
quota at the special reduced rate of duty as provided for in
the abovementioned agreements so that the Community
refineries’ supply need can be met for part of the year;
whereas tariff quotas have in this way been opened by
Commission Regulation (EC) No 1375/98 (4)
the
period 1 July 1998 to 28 February 1999; whereas the
production forecasts for raw cane sugar are now available
for the 1998/99 marketing year; whereas the necessary
tariff quotas should consequently be opened for the
second part of the marketing year; whereas, because of the
presumed maximum refining needs fixed by Member
States and the shortfall resulting from the forecast supply
balance, provision should be made to authorise imports
for each refining Member State, for the period 1 March to
30 June 1999;

for

Whereas the above agreements lay down that the refiners
in question must pay a minimum purchase price equal to
the guaranteed price for raw sugar, minus the adjustment

(1) OJ L 177, 1. 7. 1981, p. 4.
(2) OJ L 159, 3. 6. 1998, p. 38.
(3) OJ L 181, 1. 8. 1995, p. 22.
(4) OJ L 185, 30. 6. 1998, p. 43.

aid fixed for the marketing year in question; whereas this
minimum price must therefore be fixed by taking account
of the factors applying in the 1998/99 marketing year;

Whereas in order to avoid a rupture of supplies, provision
the quantities to be
should be made in respect of
imported under Regulation (EC) No 1375/98 for which
the licences have not been requested up to 28 February
1999, for the Member States concerned to be authorised
to issue the said licences after that date during the 1998/
99 marketing year;

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

A tariff quota is hereby opened for the period 1 March to
30 June 1999 under Decision 95/284/EC, in respect of
imports of raw cane sugar for refining, amounting to
69 000 tonnes expressed as white sugar originating in the
ACP States covered by that Decision.

This tariff quota shall bear the serial number 09.4097.

Article 2

1. A special reduced duty of EUR 5,41 per 100 kg of
standard quality raw sugar shall apply to imports of the
quantity referred to in Article 1.

2. Article 7 of Commission Regulation (EC) No 1916/
95 (5) notwithstanding, the minimum purchase price to be
paid by the Community refiners shall be fixed for the
period referred to in Article 1 at EUR 49,68 per 100 kg of
standard quality raw sugar.

Article 3

The following Member States are hereby authorised to
import under the quota referred to in Article 1 and on the
terms laid down in Article 2(1) the following shortfall
expressed as white sugar:

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

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Official Journal of the European Communities

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(a) Finland: 15 000 tonnes,
(b) metropolitan France: 39 500 tonnes,
(c) mainland Portugal: 14 500 tonnes,
(d) United Kingdom: 0 tonnes.

Article 4
The Member States referred to in Article 3 of Regulation
(EC) No 1375/98 are authorised, for the quantities in the
said Article for which the applications for import licences

have not been lodged before 1 March 1999, to issue such
licences to allow import and refining to take place until
30 June 1999.

Article 5

This Regulation shall enter into force on 1 March 1999.

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

Done at Brussels, 26 February 1999.

For the Commission

Franz FISCHLER

Member of the Commission