Commission Regulation (EC) No 919/2004 of 29 April 2004 amending the delivery obligations for cane sugar to be imported under the ACP Protocol and the India Agreement for the 2003/04 delivery period
Date: 2004-04-29
Institutions: European Commission
Subjects: ACP-EU Convention, EU relations, cane sugar, import, international agreement

L 163/90

EN

Official Journal of the European Union

30.4.2004

COMMISSION REGULATION (EC) No 919/2004

of 29 April 2004

amending the delivery obligations for cane sugar to be imported under the ACP Protocol and the
India Agreement for the 2003/04 delivery period

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Com-
munity,

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 22(2) and Article
39(6) thereof,

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 737/2004 (2) amended
the delivery obligations for cane sugar to be imported
under the ACP Protocol and the Agreement with India
for the 2003/2004 delivery period as fixed in Commis-
sion Regulation (EC) No 443/2004 (3).

Article 9(2) of 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 (4), stipulates that at the request of a Member
State or an exporting country and to resolve duly justi-
fied specific cases, the Commission may amend delivery
obligations defined under Article 9(1) of Regulation (EC)
No 1159/2003.

The Republic of Mauritius has requested the transfer of
some of its delivery obligations between the 2003/04
and 2004/05 delivery periods on the grounds that an
import licence issued on 5 March 2004 for 25 376
tonnes of preferential sugar was lost by its holder and
another issued to the same holder to replace the one
lost. This situation resulted in the suspension of imports
of sugar
from Mauritius following the adoption of
Commission Regulation (EC) No 647/2004 of 6 April
2004 on granting of import licences for cane sugar for
the purposes of certain tariff quotas and preferential

agreements (5), because licence applications exceeded the
delivery obligation concerned for the 2003/04 delivery
period.

(4)

(5)

So that the obligations provided for in Protocol No 3 on
ACP sugar (6) can be complied with for the 2003/04
delivery period, the delivery obligation fixed for Mauri-
tius for the 2003/04 delivery period should be amended.

Transferring 25 376 tonnes of preferential sugar from
Mauritius's delivery obligation for 2004/05 to its
delivery obligation for 2003/04 will not disturb the
supply arrangement referred to in Article 39 of Regu-
lation (EC) No 1260/2001, and the transferred quantity
will be booked for the 2004/05 delivery period subject
to verification that the lost licence was never actually
used.

(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

The delivery obligations for imports of products falling within
CN code 1701 expressed as white sugar equivalent originating
in countries which are parties to the ACP Protocol and the
India Agreement, for the 2003/04 delivery period and for each
exporting country as fixed in the Annex to Regulation (EC) No
737/2004 are hereby amended as set out in the Annex to this
Regulation.

Article 2

(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. 2).

(2) OJ L 116, 22.4.2004, p. 3.
(3) OJ L 72, 11.3.2004, p. 3.
(4) OJ L 162, 1.7.2003, p. 52.

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

(5) OJ L 102, 7.4.2004, p. 45.
(6) OJ L 317, 15.12.2000, p. 3.

30.4.2004

EN

Official Journal of the European Union

L 163/91

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

Done at Brussels, 29 April 2004.

For the Commission

Franz FISCHLER

Member of the Commission

Delivery obligations for imports of preferential sugar, expressed as white sugar equivalent, originating in coun-
tries which are parties to the ACP Protocol and the India Agreement for the 2003/04 delivery period

ANNEX

ACP Protocol/India Agreement
signatory country

Delivery obligations 2003/04

Barbados

Belize

Congo

Côte d'Ivoire

Fiji

Guyana

India

amaicaJ

Kenya

Madagascar

Malawi

Mauritius

Uganda

Saint Kitts and Nevis

Suriname

Swaziland

Tanzania

Trinidad and Tobago

Zambia

Zimbabwe

50 641,21

38 977,79

10 186,10

10 186,10

161 123,25

153 799,11

10 000,00

118 695,13

0,00

18 815,50

20 564,84

509 654,72

0,00

8 804,51

0,00

111 298,16

10 189,35

42 054,47

0,00

36 658,00

Total

1 311 648,24