Commission Regulation (EC) No 1476/2001 of 18 July 2001 amending Regulation (EC) No 1325/2001 as regards safeguard measures with regard to imports from the overseas countries and territories of mixtures of sugar and cocoa with ACP/OCT originating status for the period 1 July to 1 December 2001
Date: 2001-07-18
Institutions: European Commission
Subjects: ACP countries, cocoa, import, overseas countries and territories, protective clause, sugar

19.7.2001

EN

Official Journal of the European Communities

L 195/29

COMMISSION REGULATION (EC) No 1476/2001

of 18 July 2001

amending Regulation (EC) No 1325/2001 as regards safeguard measures with regard to imports
from the overseas countries and territories of mixtures of sugar and cocoa with ACP/OCT
originating status for the period 1 July to 1 December 2001

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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 Community (1), as last amended by
Decision 2000/161/EC (2), and in particular Article 109
thereof,

After consulting the Committee set up in accordance with
Article 1(2) of Annex IV to that Decision,

Whereas:

(1)

(2)

(3)

(4)

Commission Regulation (EC) No 1325/2001 of 29 June
2001 providing for the continued application of safe-
guard measures with regard to imports of sugar-sector
products with EC/OCT originating status from the over-
seas countries and territories for the period 1 July to 1
December 2001 (3) limits such imports during its period
of applicability. However, since safeguard measures were
introduced with regard to products with EC/OCT origin-
ating status, mixtures of sugar and cocoa with ACP/OCT
originating status have started to be imported, which is a
new development.

Such imports are just as damaging to the sugar sector as
imports of the products concerned with EC/OCT origin-
ating status. Cumulation of ACP/OCT originating status
should accordingly be limited in the case of products
covered by CN codes 1806 10 30 and 1806 10 90 for
the period to 1 December 2001.

taking account of

the
Article 100 of Decision 91/482/EEC states that
object of the Decision is to promote trade between the
OCT and the Community,
their
respective levels of development.
In accordance with
Article 109(2) of that Decision, priority must be given to
such measures as least disturb the functioning of the
association and the Community. Such measures must
not exceed the limits of what is strictly necessary to
remedy the difficulties that have arisen.

For the purposes of introducing these safeguard meas-
ures, the Commission has based itself on the quantities
of mixtures of sugar and cocoa imported in the first five
months of 2001, with an eye to preventing any increase
in the quantity currently imported and to allowing oper-
ators to adjust to the limits on quantities. The reference

(1) OJ L 263, 19.9.1991, p. 1.
(2) OJ L 58, 26.2.2001, p. 21.
(3) OJ L 177, 30.6.2001, p. 57.

figures used as a basis for adopting the safeguard meas-
ures with regard to those products and to sugar with
EC/OCT originating status also include any quantities of
mixtures of sugar and cocoa with ACP/OCT originating
status. Should the risk of disturbance continue after the
end of the period of application of this Regulation and
should the Council not adopt the new decision on the
association of the OCT with the Community, the figures
for imports from the OCT used as a basis for the safe-
guard measures with regard to products with EC/OCT
originating status could also be considered with a view
to any continued application of the safeguard measures
provided for herein.

This measure should ensure that imported sugar-based
products originating in the OCT do not exceed a
quantity that could disturb the COM for sugar, while at
the same time guaranteeing them a commercial outlet.

In this respect, the Commission points out that it made
a proposal to the Council, in connection with the review
of Decision 91/482/EEC, to abolish the rules allowing
cumulation of originating status for sugar and mixtures
of sugar and cocoa covered by CN codes 1806 10 30
and 1806 10 90.

In order to ensure proper management, avoid specula-
tion and permit effective checks of products covered by
CN codes 1701, 1806 10 30 and 1806 10 90, detailed
rules should be laid down on the submission of licence
applications and on the issuing and utilisation of the
licences.

(5)

(6)

(7)

(8)

In view of the impact of the imports, the safeguard
measures should apply with immediate effect,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1325/2001 is hereby amended as follows:

1. the title is replaced by the following:

‘Commission Regulation (EC) No 1325/2001 of 29 June
2001 as regards safeguard measures with regard to imports
from the overseas countries and territories of sugar with
EC/OCT originating status and of mixtures of sugar and
cocoa with ACP/OCT and EC/OCT originating status for the
period 1 July to 1 December 2001;’

L 195/30

EN

Official Journal of the European Communities

19.7.2001

2. the following paragraph is inserted after the first paragraph

of Article 1:
‘For products covered by CN codes 1806 10 30 and
1806 10 90, cumulation of ACP/OCT originating status as
referred to in Article 6 of Annex II to Decision 91/482/EEC
shall be permitted for a quantity of 6 684 tonnes of sugar
during the period of application of this Regulation.’;

3. Article 2 is amended as follows:

(a) the second subparagraph of paragraph 2 is amended as

follows:
(i) the first and second indents are replaced by the

following:
‘— licences for the products referred to in the first
paragraph of Article 1 shall bear the serial
number 53.0001 while those for the products
referred to in the second paragraph of Article 1
shall bear the serial number 53.0003,

— licence applications may be for a maximum of
4 848 tonnes in the case of the products referred
to in the first paragraph of Article 1 and a
maximum of 6 684 tonnes in the case of the
products referred to in the second paragraph of
Article 1;’

(ii) the fourth, fifth and sixth indents are replaced by the

following:
‘— applications shall be lodged with the competent
authorities in the first five working days of each
month, with the exception of July 2001, when
applications shall be lodged by 16 July 2001 at
the latest for the products referred to in the first
paragraph of Article 1 and by 23 July 2001 at

the latest for the products referred to in the
second paragraph of Article 1,

— the single reducing coefficient shall be applied
and the lodging of new applications suspended
where the quantity covered by import licence
applications exceeds 4 848 tonnes in the case of
the products referred to in the first paragraph of
Article 1 and 6 684 tonnes in the case of the
products referred to in the second paragraph of
Article 1 during the period of application of this
Regulation,

— the term of validity of

licences shall
expire on the last day of
the fourth month
following that of their issue and in any case on 1
December 2001.’;

import

(b) Paragraph 3 is replaced by the following:

circulation in the

‘3.
In the case of products with EC/OCT originating
status, on completion of the formalities for release for
free
the
Community, operators shall present the customs author-
ities of the Member States with copies of the export
licences issued in accordance with Article 22 of Council
Regulation (EC) No 1260/2001 (*) for the sugar used in
those products.

territory of

customs

(*) OJ L 178, 30.6.2001, p. 1.’

Article 2

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

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

Done at Brussels, 18 July 2001.

For the Commission

Franz FISCHLER

Member of the Commission