Commission Regulation (EC) No 1213/2004 of 30 June 2004 opening tariff quotas for the import of special preferential raw cane sugar from the ACP States and India for supply to refineries in the period 1 July 2004 to 28 February 2005
Date: 2004-06-30
Institutions: European Commission
Subjects: ACP countries, India, cane sugar, import, preferential agreement, sugar industry, tariff quota

1.7.2004

EN

Official Journal of the European Union

L 232/17

COMMISSION REGULATION (EC) No 1213/2004

of 30 June 2004

opening tariff quotas for the import of special preferential raw cane sugar from the ACP States and
India for supply to refineries in the period 1 July 2004 to 28 February 2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

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,

(5)

Whereas:

In view of the forecasts for raw cane sugar production
which are now available for the 2004/05 marketing year
resulting from the forecast supply
and the shortfall
balance, provision should be made to authorise imports
for the period 1 July 2004 to 28 February 2005.

It should be stipulated that Commission Regulation (EC)
No 1159/2003 of 30 June 2003 laying down detailed
the 2003/04, 2004/05 and
rules of application for
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) applies to the new quota.

(1)

(2)

(3)

to ensure adequate supplies

Article 39(1) of Regulation (EC) No 1260/2001 lays
down that, during the 2001/02 to 2005/06 marketing
to
years and in order
Community refineries, a special reduced duty is to be
raw cane sugar originating in
levied on imports of
states with which the Community has
concluded
supply arrangements on preferential terms. At present
such agreements have been concluded by Council
Decision 2001/870/EC (2) with the ACP States referred
to in Protocol No 3 on ACP sugar (3) attached to
Annex V to the ACP-EC Partnership Agreement, and
with the Republic of India.

The agreements in the form of an exchange of letters
concluded by Decision 2001/870/EC lay down that the
refiners in question must pay a minimum purchase price
equal to the guaranteed price for raw sugar, minus the
adjustment aid fixed for the marketing year in question.
This minimum price must therefore be fixed by taking
applying in the 2004/05
account of
marketing year.

factors

the

sugar

forecast

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 a
Community
supply balance. The balance
indicates the need to import raw sugar and to open
for the 2004/05 marketing year tariff quotas at
the
special reduced rate of duty as provided for in the
above agreements so that
the Community refineries'
supply needs can be met for part of the 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

The following quotas are hereby opened for the period 1 July
2004 to 28 February 2005 pursuant to Decision 2001/870/EC
in respect of imports of raw cane sugar for refining falling
within CN code 1701 11 10:

a) a tariff quota of 138 000 tonnes expressed as white sugar
originating in the ACP States parties to the agreements in the
form of an exchange of letters approved by Decision 2001/
870/EC;

and

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

last amended by
Commission 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.

b) a tariff quota of 10 000 tonnes expressed as white sugar

originating in India.

(4) OJ L 162, 1.7.2003, p. 25. Regulation as amended by Regulation

(EC) No 96/2004 (OJ L 15, 22.1.2004, p. 3).

L 232/18

EN

Official Journal of the European Union

1.7.2004

Article 2

Article 3

1.
The special reduced duty per 100 kg of standard-quality
raw sugar applying to imports of the quantities referred to in
Article 1 shall be EUR 0.

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

Article 4

The minimum purchase price to be paid by Community
the period referred to in Article 1 shall be

2.
refiners
EUR 49,68 per 100 kg of standard-quality raw sugar.

for

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

It shall apply from 1 July 2004.

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

Done at Brussels, 30 June 2004.

For the Commission

Franz FISCHLER
Member of the Commission