Commission Regulation (EC) No 2126/2003 of 3 December 2003 amending Regulation (EC) No 1290/2003 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar for the 2003/04 marketing year
Date: 2003-12-03
Institutions: European Commission
Subjects: award of contract, export levy, export refund, white sugar

L 319/4

EN

Official Journal of the European Union

4.12.2003

COMMISSION REGULATION (EC) No 2126/2003

of 3 December 2003

amending Regulation (EC) No 1290/2003 on a standing invitation to tender to determine levies
and/or refunds on exports of white sugar for the 2003/04 marketing year

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 22(2), Article 27(5)
and (15) and Article 33(3) thereof,

(5)

(6)

(7)

Regulation (EC) No 1290/2003 should be amended
accordingly.

In view of the dates for the invitations to tender, this
Regulation must enter into force immediately.

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

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

(3)

Article 1 of Commission Regulation (EC) No 1290/
2003 (2) opens a standing invitation to tender to deter-
mine levies and/or refunds on exports of white sugar for
all destinations.

Article 1

In accordance with the first subparagraph of Article
27(5) of Regulation (EC) No 1260/2001, the situation
on the world market or the specific requirements of
certain markets may make it necessary to vary the
refund for the products referred to in Article 1 of that
Regulation, depending on their destination.

Import duties and export refunds still apply to certain
sugar products traded between the Community, of the
one part, and the Czech Republic, Estonia, Cyprus,
Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and
Slovakia, of
the other part, and the level of export
refunds is appreciably greater than the level of import
duties. In view of the accession of these countries to the
the appreciable gap
Community on 1 May 2004,
between the level of
import duties and the level of
export refunds granted for the products in question may
result in speculative trade flows.

Article 1(1) of Regulation (EC) No 1290/2003 is hereby
replaced by:

‘1.
A standing invitation to tender shall be issued in
order to determine export levies and/or export refunds on
white sugar covered by CN code 1701 99 10 for all desti-
nations except for Albania, Croatia, Bosnia Herzegovina,
Serbia and Montenegro (*), the former Yugoslav Republic
of Macedonia, the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.
During the period of validity of this invitation to tender,
partial invitations to tender shall be issued.

(*) Including Kosovo, as defined by United Nations Security

Council Resolution 1244 of 10 June 1999.’

Article 2

Member States shall amend their invitations to tender so that
they comply with Article 1(1) of Regulation (EC) No 1290/
2003, as amended by this Regulation.

(4)

To prevent any abuse through the reimportation or re-
introduction into the Community of sugar products in
receipt of an export refund, no refund or levy should be
fixed for these countries for the products listed in Regu-
lation (EC) No 1290/2003.

Article 3

(1) OJ L 178, 30.6.2001, p. 1. Regulation as amended by Commission

Regulation (EC) No 680/2002 (OJ L 104, 20.4.2002, p. 26).

(2) OJ L 181, 19.7.2003, p. 7.

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

4.12.2003

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Official Journal of the European Union

L 319/5

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

Done at Brussels, 3 December 2003.

For the Commission

Franz FISCHLER

Member of the Commission