Commission Regulation (EC) No 345/2003 of 24 February 2003 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 2003
Date: 2003-02-24
Institutions: European Commission
Subjects: ACP countries, cane sugar, import, originating product, raw sugar, sugar industry, tariff preference, tariff quota

25.2.2003

EN

Official Journal of the European Union

L 50/13

COMMISSION REGULATION (EC) No 345/2003

of 24 February 2003

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 2003

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), as amended by Commission Regulation (EC)
No 680/2002 (2), and in particular Article 23(2) and Article
39(6) thereof,

Whereas:

(1)

(2)

Article 39 of Regulation (EC) No 1260/2001 provides
that, during the marketing years 2001/2002 to 2005/
2006 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 agree-
ments have been concluded by Council Decision 2001/
870/EC (3) 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

The quantities of
to be
imported are calculated in accordance with the said
Article 39 on the basis of an annual Community forecast
supply balance. The balance shows the need at this stage
to import raw sugar and to open tariff quotas for the
2002/2003 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 1096/2002 (4), quotas were opened for the period 1
July 2002 to 28 February 2003. Since the forecasts for
raw cane sugar production are now available for the
2002/2003 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
authorise imports for each refining Member State for the
period 1 March to 30 June 2003.

(3)

The agreements concluded by Decision 2001/870/EC
the refiners in question are to pay a
provide that
minimum purchase price equal to the guaranteed price

(1) OJ L 178, 30.6.2001, p. 1.
(2) OJ L 104, 20.4.2002, p. 26.
(3) OJ L 325, 8.12.2001, p. 21.
(4) OJ L 166, 25.6.2002, p. 6.

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 2002/2003 marketing year.

(4)

(5)

Commission Regulation (EC) No 2513/2001 of 20
December 2001 laying down detailed rules of applica-
tion for the import of raw cane sugar for refining under
preferential agreements on tariff quotas (5) must apply to
the new quota.

In order to avoid any interruption in supplies, for quan-
tities to be imported under Regulation (EC) No 1096/
2002 and not covered by licence applications submitted
by 1 March 2003, the Member States concerned should
be authorised to issue the corresponding licences after
that date in the course of the 2002/2003 marketing
year.

(6)

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 2003, 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 33 798 tonnes expressed as white sugar origi-
nating in the ACP States.

The tariff quota shall bear the serial number 09.4097.

Article 2

1.
A special reduced duty of EUR 0 per 100 kg of stan-
dard-quality raw sugar shall apply to imports of the quantity
referred to in Article 1.

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.

(5) OJ L 339, 21.12.2001, p. 19.

L 50/14

EN

Official Journal of the European Union

25.2.2003

Article 3

Article 5

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: 10 713 tonnes;

(b) metropolitan France: 5 126 tonnes;

(c) mainland Portugal: 13 082 tonnes;

(d) United Kingdom: 4 876 tonnes.

The Member States referred to in Article 3 of Regulation (EC)
No 1096/2002 are hereby authorised to issue licences for the
import and refining by 30 June 2003 of the quantities listed in
that Article and not covered by import licence applications
submitted before 1 March 2003.

Article 4

Article 6

Regulation (EC) No 2513/2001 shall apply to the new tariff
quota opened by this Regulation.

This Regulation shall enter into force on 1 March 2003.

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

Done at Brussels, 24 February 2003.

For the Commission

Frederik BOLKESTEIN

Member of the Commission