Commission Regulation (EC) No 568/2005 of 14 April 2005 amending Regulation (EC) No 1159/2003 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
Date: 2005-04-14
Institutions: European Commission
Subjects: cane sugar, import, preferential agreement, tariff quota

15.4.2005

EN

Official Journal of the European Union

L 97/9

COMMISSION REGULATION (EC) No 568/2005

of 14 April 2005

amending Regulation (EC) No 1159/2003 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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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

(4)

(5)

Regulation (EC) No 1159/2003 should therefore be
amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Having regard to Council Regulation (EC) No 1095/96 of
18 June 1996 on the implementation of the concessions set
out in Schedule CXL drawn up in the wake of the conclusion of
the GATT XXIV.6 negotiations (2), and in particular Article 1
thereof,

Article 1

Article 9 of Regulation (EC) No 1159/2003 is hereby replaced
by the following:

Whereas:

‘Article 9

(1)

(2)

(3)

Experience gained during the 2003/04 marketing year,
which was the first period of application of Commission
Regulation (EC) No 1159/2003 (3), has shown that the
common detailed rules of application laid down by that
Regulation need to be improved, in particular as regards
the method of determining the quantities of the delivery
obligations for ACP-India preferential sugar.

To guarantee the predictability required for the smooth
transactions the Commission,
running of commercial
the delivery period concerned,
before the start of
should provisionally determine the quantities of
the
delivery obligations in accordance with the procedure
referred to in Article 42(2) of Regulation (EC) No
1260/2001.

should be

these quantities

amendment when the

During the delivery period, once more details are known
about the quantities actually delivered in the previous
to
years,
are
possible
available. Without prejudice to investigations
to be
carried out, a method should also be adopted to
process, when determining the quantities of the delivery
obligations, the nominal quantities of import licences for
which it has not been possible to establish the actual
import into the Community.

fixed subject
figures

exact

The Commission shall determine,

1.
in accordance with
the procedure referred to in Article 42(2) of Regulation
(EC) No 1260/2001, the quantities of the delivery obligations
for each exporting country concerned,
in accordance with
Articles 3 and 7 of the ACP Protocol, Articles 3 and 7 of
the Agreement with India, and Articles 11 and 12 of this
Regulation.

The quantities of the delivery obligations for a delivery

2.
period:

(a) shall be determined provisionally before 1 May preceding

the period in question;

(b) shall be adopted before 1 February of

the period in

question;

(c) shall occasionally be adjusted during the period in
question if necessary as a result of new information, in
particular to resolve duly justified specific cases.

(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 146, 20.6.1996, p. 1.
(3) OJ L 162, 1.7.2003, p. 25. Regulation as last amended by Regu-

lation (EC) No 1409/2004 (OJ L 256, 3.8.2004, p. 11).

The delivery obligations taken into account for the issue of
licences as referred to in Article 4 shall be equal to the
the first paragraph hereto,
quantities determined under
adjusted,
taken
under Articles 3 and 7 of the ACP Protocol and of the
Agreement with India.

in line with the decisions

if necessary,

L 97/10

EN

Official Journal of the European Union

15.4.2005

The

quantities of

delivery obligations

shall be
3.
the
determined in accordance with Articles 3 and 7 of
ACP Protocol, Articles 3 and 7 of
the Agreement with
India, and Articles 11 and 12 of this Regulation, taking
into account in particular:

(a)

the deliveries actually recorded over
delivery periods;

the preceding

(b) the quantities declared as quantities which could not be
the ACP

in accordance with Article 7 of

delivered,
Protocol and of the Agreement with India.

The adjustments referred to in paragraph 2(c) may
4.
comprise transfers of quantities between two consecutive
delivery periods provided that
the
supply arrangements referred to in Article 39 of Regulation
(EC) No 1260/2001.

this does not disrupt

5.
The total for each delivery period of the quantities of
the delivery obligations for the different exporting countries
concerned shall be imported as preferential ACP-India sugar
under the delivery obligations at zero duty.

Where the nominal quantities for which import licences have
been issued exceed the quantities of deliveries actually
recorded in the previous delivery periods, without prejudice
to the results of the investigations to be carried out by the
competent authorities, the nominal quantities of the licences
for which it has not been possible to establish the actual
import into the Community shall be added to the quantities
referred to in point (a) of the first paragraph.

The delivery obligation for
the 2003/04, 2004/05 and
2005/06 marketing years shall bear the following serial
number: “ACP-India preferential sugar”: No 09.4321.’

Article 2

This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Union.

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

Done at Brussels, 14 April 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission