Commission Regulation (EC) No 1381/2002 of 29 July 2002 laying down detailed rules for opening and administration of the tariff quotas for raw cane sugar for refining, originating in the least developed countries, for the marketing years 2002/03 to 2005/06
Date: 2002-07-29
Institutions: European Commission
Subjects: cane sugar, least-developed country, marketing, originating product, raw sugar, sugar industry, tariff quota

L 200/14

EN

Official Journal of the European Communities

30.7.2002

COMMISSION REGULATION (EC) No 1381/2002

of 29 July 2002

laying down detailed rules for opening and administration of the tariff quotas for raw cane
sugar for refining, originating in the least developed countries, for the marketing years 2002/03 to
2005/06

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty establishing the European
Community,

To ensure an adequate price for the raw cane sugar
to the
exported by the least developed countries
Community, a minimum price to be paid by the refiners
should be fixed. The minimum price should take into
account the factors applying for the marketing years
2002/03 to 2005/06.

Having regard to Council Regulation (EC) No 2501/2001 of 10
December 2001 applying a scheme of generalised tariff prefer-
ences for the period 1 January 2002 to 31 December 2004 (1),
and in particular Article 9(6) thereof,

(6)

Whereas:

(1)

(2)

(3)

(4)

Article 9(5) of Regulation (EC) No 2501/2001 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 CN
code 1701 11 10, originating
that
according to Annex I to that Regulation, benefits from
the special arrangements for least developed countries.
The tariff quota for the marketing year 2002/03 is to be
for
equal
to 85 313 tonnes, white sugar equivalent,
products of CN code 1701 11 10. For each of
the
following marketing years, the quotas shall be increased
by 15 % over the quotas of the previous marketing year.

country

in a

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 (2), as last amended by Commission Regulation
(EC) No 680/2002 (3).

The quantities of raw sugar benefiting from the global
tariff quotas 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.

The experience gained under 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 (4), justifies establishing detailed rules governing
the opening and management of the quotas for a longer
period. That period should cover four marketing years.

(1) OJ L 346, 31.12.2001, p. 1.
(2) OJ L 178, 30.6.2001, p. 1.
(3) OJ L 104, 20.4.2002, p. 26.
(4) OJ L 270, 11.10.2001, p. 9.

The general rules as regards import licences of Commis-
sion 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 agricultural products (5), as last
amended by Regulation (EC) No 2299/2001 (6), as well
as the special detailed rules for the sugar sector estab-
lished by Commission Regulation (EC) No 1464/95 (7),
as last amended by Regulation (EC) No 996/2002 (8),
the
should apply. To facilitate the administration of
quotas under the present Regulation and to ensure the
respect of
the annual quota quantity, detailed rules
concerning the issue of the licences for the import of
raw sugar expressed as white sugar equivalent should be
decided.

(7)

(8)

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 (9), as last
amended by Regulation (EC) No 444/2002 (10), establish
the definition of the concept of originating products to
be used for the purposes of generalised tariff preferences.

converted into white

Since the Council in fixing the global tariff quotas has
not provided for a margin to exceed these quantities, the
full Common Customs Tariff duty should apply to all
quantities
equivalent,
sugar
imported in excess of
those figuring on the import
licence. In order to avoid excess of imported raw sugar
in the Community from the least developed countries,
provisions are necessary to ensure that the imported
quantities of sugar are effectively refined by the end of
the marketing year concerned or before a certain date set
by the Member State.

(5) OJ L 152, 24.6.2000, p. 1.
(6) OJ L 308, 27.11.2001, p. 19.
(7) OJ L 144, 28.6.1995, p. 14.
(8) OJ L 152, 12.6.2002, p. 11.
(9) OJ L 253, 11.10.1993, p. 1.
(10) OJ L 68, 12.3.2002, p. 11.

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Official Journal of the European Communities

L 200/15

(9)

(10)

In order to respect the annual quota quantity as set out
by Regulation (EC) No 2501/2001, the Member States
should communicate to the Commission quantities of
raw sugar expressed in white sugar equivalent.

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

The minimum purchase price for each marketing year
2.
corresponds to the intervention price for raw sugar referred to
in Article 2(2) of Regulation (EC) No 1260/2001, reduced by
the amount, multiplied by the yield of 0,92 for raw sugar, of
the adjustment aid to the refining industry applicable for the
marketing year in question, in conformity with Article 38(1)
and (4) of the said Regulation

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down the rules for opening and adminis-
tration of the tariff quotas for raw cane sugar for refining
referred to in Article 9(5) of Regulation (EC) No 2501/2001,
for the marketing years 2002/03, 2003/04, 2004/05 and
2005/06.

Article 2

For the purposes of this Regulation:

— ‘marketing year’ shall mean the marketing year referred to

in Article 1(2)(m) of Regulation (EC) No 1260/2001,

— ‘refiner’ shall mean a person who imports for the needs of
fourth

his refinery within the meaning of Article 7(4),
indent, of Regulation (EC) No 1260/2001.

Article 3

1.
The following global tariff quotas at zero duty of products
of CN code 1701 11 10, expressed as white sugar equivalent,
are opened for the following marketing years for imports origi-
nating in a country that according to Annex I to Regulation
(EC) No 2501/2001 benefits from the special arrangements for
least developed countries:

— 85 313 tonnes for the marketing year 2002/03,

— 98 110 tonnes for the marketing year 2003/04,

— 112 827 tonnes for the marketing year 2004/05, and

— 129 751 tonnes for the marketing year 2005/06.

Each of these quotas shall bear the order No of respectively
09.4302; 09.4303; 09.4304 and 09.4305.

These quotas shall be opened on the first day of the marketing
year concerned and remain open until the last day of that
marketing year.

All Common Customs Tariff duties, as well as any addi-
2.
tional duties referred to in Article 24 of Regulation (EC) No
1260/2001, on imports under these quotas are suspended.

Article 4

Article 5

1.
Imports under the quotas referred to in Article 3(1) shall
require an import licence issued in accordance with Regulation
(EC) No 1291/2000 and Regulation (EC) No 1464/95, subject
to the provisions of this Regulation.

2.
Applications for licences shall be submitted by the refi-
ners to the competent body of the Member States referred to in
Article 39(2) of Regulation (EC) No 1260/2001. This applica-
tion shall be accompanied by a declaration by which the refiner
undertakes to refine the quantity of raw sugar in question
before the end of
is
imported.

the marketing year during which it

3.
Import licences may be issued only within the limits of
the quotas referred to in Article 3(1). These licences shall be
issued by the Member States of import concerned.

the Member State having issued the original

4.
Refiners may transfer licences to other refiners. In this
case, the refiner informs without delay the competent authority
licences.
of
However, the obligations to import and refine are not transfer-
able and Article 9 of Regulation No 1291/2000 shall continue
to apply.

5.
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. However, where in accordance with
paragraph 8 a licence is issued before the quota has been
opened, the licence shall be valid only from the date of the
quota opening.

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

6.
per 100 kg net weight of sugar.

Import licence applications and licences themselves shall

7.
include the following entries:

— in Section 8: the country or countries of origin (country or
countries included in the special arrangements for least
developed countries according to column H of Annex I to
Regulation No 2501/2001),

— in Sections 17 and 18: the quantity of raw sugar, expressed

as white sugar equivalent,

— in Section 20: ‘Raw sugar for refining imported pursuant to
Article 9(5) of Regulation (EC) No 2501/2001. Quota order
No … (No referred to in Article 3(1))’.

1.
A minimum purchase price of standard quality raw sugar
(cif, free out of European ports of the Community) to be paid
by the refiners shall apply to imports under the quotas referred
to in Article 3(1).

8.
The period during which applications for import licences
may be submitted shall start three weeks before the first day of
the marketing year concerned.

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Official Journal of the European Communities

30.7.2002

Import

licence applications

shall be submitted from
9.
Monday to Friday of each week to the competent authorities of
the Member State of import concerned. Member States shall
notify the Commission on the first working day of
the
following week the quantities of raw sugar, expressed as white
sugar equivalent, for which applications of import licences have
been submitted during the preceding week, in specifying the
quantities by countries of origin.

The licences shall be issued on the fourth working day
10.
following that of the notification referred to in paragraph 9,
provided that the Commission has not objected.

The Commission shall draw up a weekly total of the
11.
licences have been submitted.
quantities for which import
Where licence applications exceed the quota quantity for the
current marketing year, the Commission shall limit the issue of
licences pro rata to the quantity remaining and, if appropriate,
shall inform the Member States that the maximum quantity of
the quota concerned has been reached.

Article 6

1.
Proof of the originating status of the imports under the
quota referred to in Article 3(1) shall be furnished by a certifi-
cate of origin Form A issued in accordance with Articles 67 to
97 of Regulation (EEC) No 2454/93.

2.

The certificate of origin form A shall bear, in box 4:

— the phrase ‘Quota order No … (No referred to in Article

3(1)) — Regulation (EC) No …/…’,

— the date of loading of the sugar in the exporting beneficiary
in respect of which

country, and the marketing year
delivery is being made,

— CN code 1701 11 10.

The customs authorities of the importing Member State

3.
shall indicate on the certificate of origin form A:

— the 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 quan-

tities of raw sugar actually imported.

4. Where refiners transfer import licences to other refiners
pursuant to Article 5(4), the Member State shall collect the
completed certificates of origin form A and send a copy of the
certificates to the Member State which initially issued the
import licence.

Article 7

1.
Each Member State shall keep the record of the quantities
actually imported with the certificates of origin referred to in
Article 6 of raw sugar and shall convert these quantities in
white sugar equivalent on the basis of the polarisation stated,
applying the provisions under point II(3) of Annex I to Regula-
tion (EC) No 1260/2001.

converted in white sugar equivalent,
those shown on the import licence referred to in Article 5.

imported in excess of

3.
The refiner who applied for the licence must, within three
months following that of the end of the time limit for refining
according to Article 5(2), show to the Member State which
issued the licence proof of refining acceptable to it.

4.
Except in the event of force majeure, 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 that marketing year plus, where applicable, the
highest additional rate of duty recorded during that marketing
year.

5.
Except in the event of force majeure, where it has not
been possible for a quantity of sugar to be delivered in suffi-
cient time to enable it to be refined by the end of the marketing
year concerned, 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 preceding marketing year.

6. Where it has not been possible to refine a quantity of
sugar by the end of a marketing year, 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 question shall be
refined within that extended time limit and shall count against
and be within the limits of
the quota for the preceding
marketing year.

Article 8

Member States referred to in Article 39(2) of Regulation (EC)
No 1260/2001 shall communicate to the Commission:

(a) at the beginning of the marketing year, the provisional
quantities of raw sugar to be imported from the different
countries concerned;

(b) every month in respect of the preceding month, the quanti-
ties of raw sugar by weight expressed in white sugar equiva-
lent for which import licences referred to in Article 5 have
been issued;

(c) every month:

— the quantities of raw ‘tel quel’ sugar by weight and in
white sugar equivalent actually imported three months
before under licences referred to in Article 5, broken
down by country of origin,

— the quantities of raw ‘tel quel’ sugar by weight and in
white sugar equivalent refined three months before;

(d) before 1 November:

— the quantity of raw ‘tel quel’ sugar by weight and in
white sugar equivalent actually imported with licences
referred to in Article 5 during the preceding marketing
year, broken down by country of origin,

2.
Pursuant to Article 50(1) of Regulation (EC) No 1291/
2000, the full Common Customs Tariff duty applicable on the
date of release for free circulation shall apply to all quantities,

— the quantity of raw ‘tel quel’ sugar by weight and in
white sugar equivalent refined that is counted against
the quota of the preceding marketing year.

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L 200/17

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

It shall apply until 30 June 2006.

Article 9

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

Done at Brussels, 29 July 2002.

For the Commission

Pascal LAMY

Member of the Commission