Commission Regulation (EC) No 1978/2001 of 10 October 2001 on opening a tariff quota for raw cane sugar for refining, originating in the least developed countries, for the marketing year 2001/02
Date: 2001-10-10
Institutions: European Commission
Subjects: cane sugar, developing countries, import, raw sugar, sugar industry, tariff quota

11.10.2001

EN

Official Journal of the European Communities

L 270/9

COMMISSION REGULATION (EC) No 1978/2001

of 10 October 2001

on opening a tariff quota for raw cane sugar for refining, originating in the least developed
countries, for the marketing year 2001/02

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2820/98 of 21
December 1998 applying a multiannual scheme of generalised
tariff preferences for the period 1 July 1999 to 31 December
2001 (1), as last amended by Regulation (EC) No 416/2001 (2),
and in particular Article 6(6) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Article 6(5) of Regulation (EC) No 2820/98 lays down
that, until Common Customs Tariff duties are entirely
suspended, a global tariff quota at zero duty is to be
opened for every marketing year for products of tariff
subheading 1701 11 10, originating in the least devel-
oped countries listed in Annex IV. The initial tariff quota
for the marketing year 2001/02 is to be equal to 74 185
tonnes, white
for products of
subheading 1701 11 10.

equivalent,

sugar

Those provisions have to be implemented within the
framework of the common trading system established
by Council Regulation (EC) No 1260/2001 of 19 June
2001 on the common organisation of the markets in the
sugar sector (3).

The quantities of raw sugar benefiting from the global
tariff quota should be imported under conditions which
meet the refining needs of the Member States referred to
in Article 39(2) of Regulation (EC) No 1260/2001. They
should be imported and refined under
the fairest
possible conditions of competition.

The detailed rules governing the opening and manage-
ment of
the quota should be valid for only one
marketing year. They should be reviewed at the end of
that period, and rules for a longer period may subse-
quently be established in the light of the experience
gained. The new rules should aim at ensuring that
economic benefits arising from the existence of quotas
(‘quota rent’ effect) will accrue to the beneficiary coun-
tries and in particular to their agricultural sector.

The provisions concerning the proof of origin set out in
Articles 67 to 97 of Commission Regulation (EEC) No
2454/93 of 2 July 1993 laying down provisions for the
implementation of Council Regulation (EEC) No 2913/
92 establishing the Community Customs Code (4), as last

(1) OJ L 357, 30.12.1998, p. 1.
(2) OJ L 60, 1.3.2001, p. 43.
(3) OJ L 178, 30.6.2001, p. 1.
(4) OJ L 253, 11.10.1993, p. 1.

amended by Regulation (EC) No 993/2001 (5), establish
the definition of the concept of originating products to
be used for the purposes of generalised tariff preferences.

(6)

The measures provided for in this Regulation are in
accordance with the opinion of the Generalised Prefer-
ences Committee,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down the rules for opening and managing
the tariff quota for raw cane sugar for refining referred to in
Article 6(5) of Regulation (EC) No 2820/98, for the marketing
year 2001/02.

Article 2

A global tariff quota of 74 185 tonnes of products of CN code
1701 11 10, expressed as white sugar equivalent, is opened for
imports originating in the least developed countries listed in
Annex IV to Regulation (EC) No 2820/98. The quota shall bear
the order No 09.4650.

All common customs tariff duties, as well as any additional
duties referred to in Article 24 of Regulation (EC) No 1260/
2001, on imports under that quota are suspended.

The quota shall be open until 30 June 2002.

Article 3

1.
A minimum purchase price of EUR 49,68 per 100 kg of
standard quality raw sugar (cif, free out of European ports of
the Community) shall apply to imports under the quota
referred to in Article 2.

2. Where the polarisation of the imported raw sugar devi-
ates from 96 degrees, the minimum price shall be increased or
decreased, as the case may be, by 0,14 % for each one tenth of
a degree of deviation.

Article 4

Imports under the quota referred to in Article 2 shall

1.
require an import licence.

2.
Import licences shall be issued by the Member States
referred to in Article 39(2) of Regulation (EC) No 1260/2001
for the refineries referred to in Article 7(4) of that Regulation.

(5) OJ L 141, 28.5.2001, p. 1.

L 270/10

EN

Official Journal of the European Communities

11.10.2001

Each Member State shall notify the Commission of
3.
applications submitted in the order in which they are recorded.
Such notifications shall specify the applicants and the quant-
ities applied for, as well as the quantities imported under
licences already issued. A Member State may issue a licence if
the Commission does not object within 3 days after noti-
fication.

Import

4.
licences may be transferred between licence
holders. However, the obligations to import and refine are not
transferable.

tion shall be deemed to have been delivered under the quota
referred to in Article 2 of this Regulation provided they are
covered by the certificate of origin referred to in Article 6(1).

Import

9.
include the following entry:

licence applications and import

licences shall

‘Raw sugar originating in … (name of
the country or
countries referred to in Annex IV to Regulation (EC) No
2820/98) imported pursuant to Article 6(5) of Regulation
(EC) No 2820/98.’

Article 5

Article 6

Import licences referred to in Article 4 shall be valid from
the

1.
the date on which they are issued until
marketing year 2001/02.

the end of

Applications for licences shall be submitted by the refiner
2.
to the competent body of
import
concerned and shall be accompanied by a declaration by which
the refiner undertakes to refine the quantity of raw sugar in
question in the marketing year 2001/02.

the Member State of

1.
Proof of the originating status of the imports under the
quota referred to in Article 2 shall be furnished by a certificate
of origin Form A issued in accordance with Articles 67 to 97
of Regulation (EEC) No 2454/93.

The certificate of origin Form A shall bear,

2.
— the phrase ‘Quota — Regulation (EC) No 1978/2001’,
— the date of loading of the sugar in the exporting beneficiary
country, and the marketing year in respect of which
delivery is being made,

in box 4:

The security relating to the licences shall be EUR 0,30

3.
per 100 kg net weight of sugar.

— CN code 1701 11 10.

4.
The refiner who applied for the licence must, within three
months of the end of the time limit for refining, show to the
Member State which issued the licence proof of refining accept-
able to it.

5.
Except in the event of force majeure and without prejudice
to Article 6 of Commission Regulation (EC) No 1464/95 (1), if
the sugar is not refined within the time limit, the refiner who
applied for the licence shall pay an amount equal to the full
duty applicable to raw sugar in the marketing year 2001/02
plus, where applicable,
the highest additional rate of duty
recorded during that marketing year.

6.
Except in the event of force majeure, where it has not been
possible for a quantity of sugar to be delivered in sufficient
time to enable it to be refined by the end of the marketing year
2001/02, the Member State of importation may, at the request
of the refiner, extend the validity of the licence for 30 days
from the beginning of the following marketing year. In that
case the raw sugar in question shall count against and be
within the limits of the quota for the marketing year 2001/02.

7. Where it has not been possible to refine a quantity of
sugar by the end of the marketing year 2001/02, the Member
State in question may, at the request of the refiner, extend the
time limit by a maximum of 90 days from the beginning of the
following marketing year. In that case, the raw sugar in ques-
tion shall be refined within that extended time limit and shall
count against and be within the limits of the quota for the
marketing year 2001/02.

Notwithstanding Article 50 of Commission Regulation
8.
(EC) No 1291/2000 (2), quantities imported benefiting from the
positive tolerance provided for in Article 8(4) of that Regula-

The customs authorities of the importing Member State
indicate on the certificate of origin Form A:

3.
shall
— the appropriate date, established on the basis of a shipping
document, on which loading of the sugar in the port of
export was completed,

— information relating to the import operation and the quant-

ities actually imported.

The importing Member State shall

forward to the
4.
Commission a copy of the certificate of origin Form A with the
annotations referred to in paragraph 3, at the latest by the end
of each month in respect of the preceding month.

Article 7

Member States shall notify to the Commission:

(a) every week in respect of the preceding week, the quantity
of raw sugar by weight for which import licences referred
to in Article 4 have been issued;

(b) every month in respect of the preceding month:

— the quantity of raw sugar by weight actually imported

with licences referred to in Article 4,

— the quantity of raw sugar in question by weight and in
refined during the month

white sugar equivalent
preceding that in which the report is made.

Article 8

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

(1) OJ L 144, 28.6.1995, p. 14.
(2) OJ L 152, 24.6.2000, p. 1.

It shall apply until 30 June 2002.

11.10.2001

EN

Official Journal of the European Communities

L 270/11

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

Done at Brussels, 10 October 2001.

For the Commission

Pascal LAMY

Member of the Commission