Commission Regulation (EC) No 362/2004 of 27 February 2004 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 2004
Date: 2004-02-27
Institutions: European Commission
Subjects: ACP countries, cane sugar, import, originating product, raw sugar, tariff quota

L 63/18

EN

Official Journal of the European Union

28.2.2004

COMMISSION REGULATION (EC) No 362/2004

of 27 February 2004

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 2004

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) thereof,

Whereas:

(1)

(2)

(3)

(4)

Article 39(1) of Regulation (EC) No 1260/2001 provides
that, during the 2001/02 to 2005/06 marketing years
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) referred to in Protocol 3 on ACP sugar in Annex
V to the ACP-EC Partnership Agreement (3) and with the
Republic of India.

The agreements in the form of an exchange of letters
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 ques-
tion. That minimum price should therefore be fixed in
the light of
the factors applicable in the 2003/04
marketing year.

special preferential

The quantities of
to be
imported are calculated in accordance with Article 39 of
Regulation (EC) No 1260/2001 on the basis of an
annual Community forecast supply balance.

sugar

The balance shows the need at this stage to import raw
sugar and to open tariff quotas
the 2003/04
for
the special reduced rate of duty
marketing year at
provided for in the above agreements in order to meet
the Community refineries' supply needs for part of that
marketing year. Pursuant to Commission Regulation (EC)
No 1115/2003 (4), quotas were opened for the period 1
July 2003 to 29 February 2004.

(1) OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commis-

sion Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

(2) OJ L 325, 8.12.2001, p. 21.
(3) OJ L 317, 15.12.2000, p. 3.
(4) OJ L 158, 27.6.2003, p. 30.

(5)

(6)

(7)

(8)

(9)

Since the forecasts for raw cane sugar production are
available for
the 2003/04 marketing year, a 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 2004.

The 2003 Act of Accession adds Slovenia to the list of
countries
for which maximum supply needs per
marketing year are laid down in Article 39 of Regulation
(EC) No 1260/2001. The needs of Slovenia for the two
months (May and June 2004) falling under the 2003/04
marketing year after accession are set at 3 264 t in
Article 3 of Commission Regulation (EC) No 60/
2004 (5). In view of the relatively small quantity involved
and the fact that the period of application is relatively
short, special provisions must be adopted as regards the
issue and validity of import licences and the refining
period.

Commission Regulation (EC) No 1159/2003 of 30 June
2003 laying down detailed rules of application for the
2003/04, 2004/05 and 2005/06 marketing years for the
import of cane sugar under certain tariff quotas and
preferential agreements and amending Regulations (EC)
No 1464/95 and (EC) No 779/96 (6) must apply to the
new quota.

In order to avoid any interruption in supplies, for quan-
tities to be imported in accordance with Regulation (EC)
No 1115/2003 and not covered by licence applications
submitted by 1 March 2004,
the Member States
concerned should be authorised to issue the corre-
sponding licences after that date in the course of the
2003/04 marketing year.

(10)

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

(5) OJ L 9, 15.1.2004, p. 8.
(6) OJ L 162, 1.7.2003, p. 25.

28.2.2004

EN

Official Journal of the European Union

L 63/19

HAS ADOPTED THIS REGULATION:

Article 1

For the period 1 March to 30 June 2004, 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 30 459 tonnes expressed as white sugar origin-
ating in the ACP States signatory to the Agreement in the form
of an Exchange of Letters approved by that Decision.

The tariff quota shall bear the serial number 09.4097.

Article 2

A special reduced duty of EUR 0 per 100 kg of stand-
1.
ard-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.

1.

Import licences may be issued

Article 3

(a) by the Member States listed in Article 39 of Regulation
(EC) No 1260/2001, except Slovenia, under the quota fixed
in Article 1 and on the terms laid down in Article 2 for a
total quantity of 27 195 tonnes;

(b) by Slovenia for a quantity of 3 264 tonnes.

Notwithstanding the last sentence of Article 4(4) of
2.
Commission Regulation (EC) No 1159/2003, licences issued by
Slovenia shall be valid to the end of the third month following
the marketing year in question. Notwithstanding Article 18(1)
of that Regulation, the sugar must be refined by the end of the
fourth month following the marketing year in question.

Article 4

Regulation (EC) No 1159/2003 shall apply to the tariff quota
opened by this Regulation.

Article 5

The Member States referred to in Article 3 of Regulation (EC)
No 1115/2003 are hereby authorised to issue licences for the
import and refining by 30 June 2004 of the quantities listed in
that Article and not covered by import licence applications
submitted before 1 March 2004.

Article 6

This Regulation shall enter into force on 1 March 2004.

Article 3(1)(b) and (2) shall apply subject to and from the date
of entry into force of the Treaty of Accession of the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia.

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

Done at Brussels, 27 February 2004.

For the Commission

Franz FISCHLER

Member of the Commission