Commission Regulation (EC) No 377/2002 of 28 February 2002 opening a preferential tariff quota for imports of raw cane sugar originating in the ACP States for supply to refineries during the period 1 March to 30 June 2002
Date: 2002-02-28
Institutions: European Commission
Subjects: ACP countries, cane sugar, import, originating product, tariff preference, tariff quota

L 60/20

EN

Official Journal of the European Communities

1.3.2002

COMMISSION REGULATION (EC) No 377/2002

of 28 February 2002

opening a preferential tariff quota for imports of raw cane sugar originating in the ACP States for
supply to refineries during the period 1 March to 30 June 2002

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

authorise imports for each refining Member State for the
period 1 March to 30 June 2002.

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 Articles 23(2) and 39(6)
thereof,

Whereas:

(1)

(2)

Article 39 of Regulation (EC) No 1260/2001 provides
that, during the marketing years 2001/02 to 2005/06
and in order to ensure adequate supplies to Community
refineries, a special reduced rate of duty is to be levied
on imports of raw cane sugar originating in States with
which the Community has concluded supply agreements
on preferential terms. At present such agreements have
been concluded by Council Decision 2001/870/EC (2)
with the African, Caribbean and Pacific States (ACP
States) that are parties to Protocol 3 on ACP sugar in
Annex V to the ACP-EC Partnership Agreement and
with the Republic of India.

sugar

special preferential

to be
The quantities of
imported are calculated in accordance with the said
Article 39 on the basis of an annual Community fore-
cast supply balance. The balance shows the need at this
stage to import raw sugar and to open tariff quotas for
the 2001/02 marketing year at the special reduced rate
of duty provided for in the above agreements in order to
meet the Community refineries' supply needs for part of
that marketing year. Under Commission Regulation (EC)
No 2534/2001 (3), quotas were opened for the period 1
July 2001 to 28 February 2002. Since the forecasts for
raw cane sugar production are now available for the
2001/02 marketing year, the necessary quota should be
opened for the second part of that marketing year. In
view of the presumed maximum refining needs fixed for
each Member State and the shortfall predicted in the
forecast supply balance, provision should be made to

(3)

(4)

(5)

The agreements concluded by Decision 2001/870/EC
provide that
the refiners in question are to pay a
minimum purchase price equal to the guaranteed price
for raw sugar,
less the adjustment aid fixed for the
marketing year in question. That minimum price should
therefore be fixed in the light of the factors applicable in
the 2001/02 marketing year.

In order to avoid any interruption in supplies, for quant-
ities to be imported under Regulation (EC) No 2534/
2001 and not covered by licence applications submitted
by 1 March 2002, the Member States concerned should
be authorised to issue the corresponding licences after
that date in the course of the 2001/02 marketing year.

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

For the period 1 March to 30 June 2002, a tariff quota is
hereby opened under Decision 2001/870/EC for imports of
raw cane sugar for refining falling within CN code 1701 11 10,
amounting to 42 448 tonnes expressed as white sugar origin-
ating in the ACP States.

The tariff quota shall bear the serial number 09.4097.

Article 2

A special

1.
standard-quality raw sugar shall apply to imports of
quantity referred to in Article 1.

reduced duty of EUR 0 per 100 kg of
the

(1) OJ L 178, 30.6.2001, p. 1.
(2) OJ L 325, 8.12.2001, p. 21.
(3) OJ L 341, 22.12.2001, p. 27.

The minimum purchase price to be paid by Community
the period referred to in Article 1 shall be

2.
refiners for
EUR 49,68 per 100 kg of standard-quality raw sugar.

1.3.2002

EN

Official Journal of the European Communities

L 60/21

Article 3

Article 4

The Member States may issue import licences under the quota
fixed in Article 1 and on the terms laid down in Article 2 for
the following quantities expressed as white sugar:

(a) Finland: 2 803 tonnes;

(b) metropolitan France: 14 454 tonnes;

(c) mainland Portugal: 15 024 tonnes;

(d) United Kingdom: 10 167 tonnes.

The Member States referred to in Article 3 of Regulation (EC)
No 2534/2001 are hereby authorised to issue licences for the
import and refining by 30 June 2002 of the quantities listed in
that Article and not covered by import licence applications
submitted before 1 March 2002.

This Regulation shall enter into force on 1 March 2002.

Article 5

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

Done at Brussels, 28 February 2002.

For the Commission

Franz FISCHLER

Member of the Commission