2001/787/EC: Commission Decision of 9 November 2001 laying down provisional measures for imports into Portugal of special preferential raw cane sugar for refining during the 2001/02 marketing year (notified under document number C(2001) 3425)
Date: 2001-11-09
Institutions: European Commission
Subjects: ACP countries, Portugal, cane sugar, import, originating product, tariff quota

L 295/22

EN

Official Journal of the European Communities

13.11.2001

COMMISSION

COMMISSION DECISION

of 9 November 2001

laying down provisional measures for imports into Portugal of special preferential raw cane sugar
for refining during the 2001/02 marketing year

(notified under document number C(2001) 3425)

(Only the Portuguese text is authentic)

(2001/787/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19
June 2001 on the common organisation of the markets in the
sugar sector (1), and in particular Article 39(6) thereof,

Whereas:

(1) With a view to supplying Community refineries, Article
39(1) of Regulation (EC) No 1260/2001 provides for
imports of raw cane sugar at a reduced rate of duty in
accordance with the agreements concluded with certain
supplier countries and subject to the conditions laid
down therein. These sugars are called ‘special preferential
sugar’.

(2)

(3)

The quantities imported under those conditions are
intended to cover
the Member States' presumed
maximum supply needs, as fixed in Article 39(2), that
cannot be met by other sources of raw sugar for
refining.

A forecast supply balance for the 2001/02 marketing
year indicates such a need that is not covered. This
supply shortfall is being felt in the Member States listed
in the said Article 39(2) in which sugar refinery activity
depends to a great extent on imports of these special
preferential sugars. In view of the staggered production
of other available sugars and the fixing of contracts
relating thereto, an alternative source of supply is not
feasible. In the absence of an agreement with the ACP

(1) OJ L 178, 30.6.2001, p. 1.

(4)

(5)

(6)

(7)

(8)

countries, a break in supply to these Member States is
thus inevitable.

The agreements on imports of special preferential sugar
applicable in the 1995/96 to 2000/01 marketing years
expired on 30 June 2001. Pending the entry into force
of the agreements to cover the period referred to in
Article 38(1) of Council Regulation (EC) No 1260/2001
and in order to avoid a break in supply to refineries in
certain Community regions,
imports of cane sugar
should be authorised,
in accordance with the Council
invitation and after consultation of the supplier coun-
tries concerned, under the conditions applying until 30
June 2001 in those Community regions where a supply
need has been noted in the forecast supply balance.

In view of the fact that Commission Decision 2001/
656/EC (2) already lays down provisional measures for
the first three months of the 2001/02 marketing year, a
new measure should be laid down in order to cover
Portugal's supply needs for November and December
2001. This measure should only cover sugar of ACP
origin for the time being.

Commission Regulation (EC) No 407/2001 of 28
February 2001 opening a preferential tariff quota in
respect of imports of raw cane sugar originating in the
ACP States for supply to refineries in the period 1 March
to 30 June 2001 (3) should apply for the purposes of
fixing the import duty and the minimum purchase price.

Commission Regulation (EC) No 1916/95 of 2 August
1995 laying down detailed rules for application for the
importation under preferential agreements on tariff
quotas of raw cane sugar for refining (4) should apply to
the tariff quota opened by this Decision.

The measure adopted by this Decision should apply
irrespective of any decisions taken subsequently by the
Council as regards the agreements covering the period
2001 to 2006 including any adjustments applicable
form 1 July 2001.

(2) OJ L 231, 29.8.2001, p. 11.
(3) OJ L 60, 1.3.2001, p. 22.
(4) OJ L 184, 3.8.1995, p. 18.

13.11.2001

EN

Official Journal of the European Communities

L 295/23

(9)

The measures provided for in this Decision are in
accordance with the opinion of
the Management
Committee for Sugar,

The relevant provisions of Commission Regulation (EC) No
1916/95 shall apply.

HAS DECIDED AS FOLLOWS:

Article 1

1.
Portugal is hereby authorised to import 38 000 tonnes of
raw cane sugar originating in the ACP States listed in Annex VI
to Regulation (EC) No 1260/2001 in November and December
2001.

This tariff quota shall bear the serial number 09.4097.

The import duty and the minimum purchase price applic-
2.
able under the tariff quota referred to in paragraph 1 shall be
those laid down in Regulation (EC) No 407/2001.

Article 2

This Decision is addressed to the Republic of Portugal.

Done at Brussels, 9 November 2001.

For the Commission

Franz FISCHLER

Member of the Commission