Commission Regulation (EC) No 978/2005 of 27 June 2005 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 2005 to 28 February 2006
Date: 2005-06-27
Institutions: European Commission
Subjects: ACP countries, India, cane sugar, import, preferential agreement, sugar industry, supply, tariff quota

28.6.2005

EN

Official Journal of the European Union

L 166/3

COMMISSION REGULATION (EC) No 978/2005

of 27 June 2005

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 2005 to 28 February 2006

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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.

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,

Whereas:

(1)

(2)

(3)

and in order

Article 39(1) of Regulation (EC) No 1260/2001 lays
down that, during the 2001/2002 to 2005/2006
to ensure adequate
marketing years
supplies
reduced
to Community refineries, a special
duty is to be levied on imports of raw cane sugar origi-
nating in 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
account of
the factors applying in the 2005/2006
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 a
Community
supply balance. The balance
indicates the need to import raw sugar and to open
for the 2005/2006 marketing year tariff quotas at the

forecast

sugar

(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.

(4)

(5)

In view of the forecasts for raw cane sugar production
which are now available for the 2005/2006 marketing
year and the shortfall resulting from the forecast supply
balance, provision should be made to authorise imports
for the period 1 July 2005 to 28 February 2006.

It should be stipulated that Commission Regulation (EC)
No 1159/2003 of 30 June 2003 laying down detailed
rules of application for the 2003/2004, 2004/2005 and
2005/2006 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.

(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
2005 to 28 February 2006 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 90 000 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

(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

last amended by
Commission Regulation (EC) No 568/2005 (OJ L 97, 15.4.2005,
p. 9).

L 166/4

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Official Journal of the European Union

28.6.2005

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 2005.

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

Done at Brussels, 27 June 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission