Commission Regulation (EC) No 2513/2001 of 20 December 2001 laying down detailed rules of application for the import of raw cane sugar for refining under preferential agreements on tariff quotas
Date: 2001-12-20
Institutions: European Commission
Subjects: cane sugar, customs duties, import, raw sugar, tariff preference, tariff quota

21.12.2001

EN

Official Journal of the European Communities

L 339/19

COMMISSION REGULATION (EC) No 2513/2001

of 20 December 2001

laying down detailed rules of application for the import of raw cane sugar for refining under
preferential agreements on tariff quotas

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) and the second
paragraph of Article 41 thereof,

Whereas:

(1)

(2)

Article 39 of Regulation (EC) No 1260/2001 provides
that, during the 2001/02 to 2005/06 marketing years,
in order to ensure adequate supplies to Community
refineries, a reduced rate of duty is to be levied on
imports of raw cane sugar originating in the States with
which the Community has concluded preferential supply
agreements. At present such agreements have been
concluded by Council Decision 2001/870/EC (2) with
the ACP States party to Protocol 3 on ACP sugar
attached to Annex V to the ACP-EC Partnership Agree-
ment, and with the Republic of
India. As a result,
detailed rules of application should be laid down for the
special rates of duty resulting from these agreements.

sugar

special preferential

to be
The quantities of
imported are laid down in accordance with the above
Article 39 on the basis of an annual Community
balance. As a result, if such a balance shows the need to
import raw sugar, a tariff quota at a reduced rate of duty
should be opened for all or part of the marketing year in
question, to enable the requirements of the Community
refineries to be met within the limits laid down by the
above Article 39 and under the conditions laid down by
those agreements, in particular the special reduced rate
of duty fixed at zero.

(4)

(5)

(6)

(7)

that raw sugar has been analysed or refined. Application
of Article 50 of Commission Regulation (EC) No 1291/
2000 of 9 June 2000 laying down common detailed
rules for the application of the system of import and
export licences and advance fixing certificates for agri-
cultural products (3), as amended by Regulation (EC) No
2299/2001 (4), would have an excessively heavy finan-
cial impact on operators. Therefore it does not appear
justified not to grant the preferential rate to quantities
imported within the limits of the tolerance. However,
the cumulation of the quantities imported with such
the
part-deliveries may not result
maximum requirements fixed for each Member State
concerned. Provision should therefore be made for a
derogation from Article 50 of Regulation (EC) No 1291/
2000.

in an overrun of

the quantities of

As a result of the maximum refining requirements fixed
for each Member State and the ensuing need to enable
the best possible checks to be undertaken on the
to be
distribution of
imported, only refiners should be entitled to be issued
with the import licences in question, which they should
be able to transfer among themselves. The issue of an
import licence makes it obligatory to import and refine
the quantity in question within the necessary time limits,
failing which the penalty payment laid down in Article
39(4) of Regulation (EC) No 1260/2001 is due.

raw sugar

special preferential

Unforeseeable delays may arise between the loading of a
quantity of
raw sugar and its
delivery. As a result, a certain tolerance should be
permitted to take account of such delays.
It is also
appropriate to provide for a certain tolerance as regards
the time taken for refining.

The origin of imported raw sugar may be proved by
presentation of the documents provided for to that end
by Commission Regulation (EEC) No 2782/76 of 17
November 1976 laying down detailed implementing
rules for the importation of preferential sugar (5), as last
amended by Regulation (EC) No 2665/98 (6).

As a result of
the imports in
the special nature of
question, provision should be made for certain deroga-
tions from Commission Regulation (EC) No 1464/95 of
27 June 1995 on special detailed rules for the applica-
tion of the system of import and export licences in the
sugar sector (7), as last amended by Regulation (EC) No
1148/98 (8).

(3)

For the purposes of this preferential system, in the event
of part-delivery of raw sugar the quantity imported in
white sugar equivalent may be determined only once

(1) OJ L 178, 30.6.2001, p. 1.
(2) OJ L 325, 8.12.2001, p. 21.

(3) OJ L 152, 24.6.2000, p. 1.
(4) OJ L 308, 27.11.2001, p. 19.
(5) OJ L 318, 18.11.1976, p. 13.
(6) OJ L 336, 11.12.1998, p. 20.
(7) OJ L 144, 28.6.1995, p. 14.
(8) OJ L 159, 3.6.1998, p. 38.

L 339/20

EN

Official Journal of the European Communities

21.12.2001

(8)

(9)

Commission Regulation (EC) No 1916/95 of 2 August
1995 laying down detailed rules of application for the
importation under preferential agreements on tariff
quotas of raw cane sugar for refining (1), as amended by
Regulation (EC) No 2664/98 (2), should therefore be
it
amended. In the interests of clarity and efficiency,
should be replaced by this Regulation.

Since the agreements concluded by Decision 2001/
870/EC cover the period from 1 July 2001 to 30 June
2006, this Regulation should apply retroactively from 1
July 2001.

(10)

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

This Regulation lays down detailed rules of application for the
special duties provided for in Article 39 of Regulation (EC) No
1260/2001 for imports of raw cane sugar originating in the
States referred to in paragraph 1 thereof under agreements with
those States.

Article 2

1.
For the 2001/02 to 2005/06 marketing years referred to
in Article 38(1) of Regulation (EC) No 1260/2001, the shortfall
referred to in the second subparagraph of Article 39(3) of that
Regulation shall be fixed for each marketing year or part
thereof, on the basis of a Community forecast supply balance
for raw sugar.

The established direct consumption to be taken into account
for the purposes of determining this balance may not exceed
the limit for such consumption referred to in that Article 39(3).

The shortfall may be imported by opening tariff quotas at
2.
a zero rate of duty agreed with the States referred to in Article
39(1) of Regulation (EC) No 1260/2001. It may be distributed
among the Member States on the basis of their respective
maximum presumed requirements.

3.
Notwithstanding Article 50 of Regulation (EC) No 1291/
2000 and provided that they are covered by the certificate of
origin referred to in Article 7 of this Regulation, the quantities
imported pursuant to the tolerance provided for in Article 8(4)
of Regulation (EC) No 1291/2000 shall be considered as deliv-
ered under the quotas referred to in paragraph 2 of this Article.

(1) OJ L 184, 3.8.1995, p. 18.
(2) OJ L 336, 11.12.1998, p. 18.

Article 3

1.
Import licences may be issued only within the limits of
the quotas referred to in Article 2(2). These licences shall be
issued by the Member States referred to in Article 39(2) of
Regulation (EC) No 1260/2001 only to those refiners who
import
their refineries within the
meaning of Article 7(4) of that Regulation.

for the requirements of

However, refiners may transfer those licences to other refiners
within the meaning of that Article 7(4). The obligations to
import and refine are not transferable and Article 9 of Regula-
tion (EC) No 1291/2000 shall continue to apply.

The Member States concerned shall

2.
issue licences only
within the limits of the import requirements for special prefer-
ential sugar fixed, where necessary, for refineries situated on
their own territory.

Article 4

Notwithstanding Article 6(1) of Regulation (EC) No 1464/95
and without prejudice to Article 8(1) of this Regulation, import
licences shall be valid from the date on which they are issued
until the end of the marketing year in respect of which they are
issued.

Article 5

Import licence applications shall be submitted by the
1.
refiner to the competent body of the Member State of import
concerned.

They shall be accompanied by a declaration by which the
refiner undertakes to refine the quantity of raw sugar in ques-
tion in the marketing year in respect of which it is imported.

Without prejudice to Article 8, if the sugar in question is not
refined within the time limit laid down, the refiner who applied
for the licence shall pay an amount equal to the full rate of
duty applicable to raw sugar in the marketing year in question
plus, where applicable,
the highest additional rate of duty
recorded during that marketing year.

The refiner who applied for the licence must show proof of
refining to the satisfaction of the Member State which issued
the licence within three months of the end of the period laid
down for refining.

Box 12 of import licence applications and of the licences

2.
themselves shall contain the following entry:

‘Raw sugar originating in … (name of the country or countries
referred to in Article 39(1) of Regulation (EC) No 1260/2001)
imported at a special reduced rate of duty pursuant to Article
39(1) of Regulation (EC) No 1260/2001.’

21.12.2001

EN

Official Journal of the European Communities

L 339/21

The

security relating to import
3.
EUR 0,30 per 100 kilograms net weight of sugar.

licences

shall be

Article 8

Article 6

For the purposes of
the penalty payment provided for in
Article 39(4) of Regulation (EC) No 1260/2001, amounts in
the maximum presumed requirements shall be
excess of
deemed to be the quantities of the following categories of sugar
which have been actually refined in refineries over and above
the presumed requirements fixed for the Member State in
question in accordance with Article 39(2) of Regulation (EC)
No 1260/2001:

(a) preferential raw sugar;

(b) special preferential sugar;

(c) raw sugar obtained in the French Overseas Departments;

(d) raw sugar falling under the tariff quotas opened pursuant
to Council Regulations (EC) No 1095/96 (1) and (EC) No
2820/98 (2); and

(e) where applicable, raw sugar from beet referred to in Article

38(5) of Regulation (EC) No 1260/2001.

Article 7

Proof of the origin of the sugar imported from the States
1.
referred to in Article 39(1) of Regulation (EC) No 1260/2001
shall be provided by presentation of a certificate of origin
provided for, as the case may be, in Article 6 or Article 7 of
Regulation (EEC) No 2782/76.

The certificate of origin referred to in paragraph 1 shall

2.
bear:

(a) the indication ‘special preferential raw sugar - application

of Regulation (EC) No 2513/2001’;

(b) the date of loading of the sugar and the marketing year in

respect of which delivery is being made;

(c) the CN code of the product in question.

3.
The copies, provided by those concerned, of the certifi-
cate of origin referred to in paragraph 1 above shall be
forwarded by the Member States to the Commission.

The competent authorities of the Member States shall enter the
following indications on these copies:

(a) the date, established on the basis of an appropriate ship-
ping document, on which loading of the sugar in the port
of export was completed;

(b) information relating to the import operation and the

quantities actually imported ‘tel quel’.

1.
Except in the event of force majeure, where it has not been
possible for a quantity of special preferential sugar to be deliv-
ered in sufficient time to enable it to be refined by the end of
the marketing year in respect of which the import licence has
been issued, the Member State of import 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 be refined within
the time limit referred to in paragraph 2 and shall count
against and be within the limits of the maximum presumed
requirements for the preceding marketing year.

2. Where it has not been possible to refine a quantity of
special preferential sugar by the end of the marketing year in
respect of which the import
the
Member State in question, may, at the request of the refiner,
allow an additional refining time limit of a maximum of 90
days from the beginning of the following marketing year.

licence has been issued,

In that case, the raw sugar in question shall be refined within
that time limit and shall count against and be within the limits
of the maximum presumed requirements for the preceding
marketing year.

Article 9

Every month in respect of

1.
the preceding month the
Member States concerned shall communicate to the Commis-
sion:

(a) the quantities of raw ‘tel quel’ sugar by weight for which
import licences as referred to in Article 3 have been issued;

(b) the quantities of raw ‘tel quel’ sugar by weight actually
imported under licences as referred to in Article 3;

(c) the quantities of raw ‘tel quel’ sugar in question by weight
and in white sugar equivalent refined during the month
preceding that in which the report is made,

2.
By 31 July of each marketing year the Member States
concerned shall communicate to the Commission the quantity
of raw sugar by weight intended for refining, in stock at the
refineries on 1 July of that marketing year.

Article 10

1.

Regulation (EC) No 1916/95 is hereby repealed.

References to that Regulation shall be taken as references

2.
to this one.

Article 11

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

(1) OJ L 146, 20.6.1996, p. 1.
(2) OJ L 357, 30.12.1998, p. 1.

It shall apply from 1 July 2001.

L 339/22

EN

Official Journal of the European Communities

21.12.2001

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

Done at Brussels, 20 December 2001.

For the Commission

Franz FISCHLER

Member of the Commission