Commission Regulation (EC) No 189/2007 of 23 February 2007 suspending the application of import duties on certain quantities of industrial sugar for the 2006/2007 marketing year
Date: 2007-02-23
Institutions: European Commission
Subjects: CCT duties, import licence, import policy, sugar industry, white sugar

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Official Journal of the European Union

24.2.2007

COMMISSION REGULATION (EC) No 189/2007

of 23 February 2007

suspending the application of import duties on certain quantities of industrial sugar for the
2006/2007 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 318/2006 of 20
February 2006 on the common organisation of the markets in
the sugar sector (1), and in particular Article 40(1)(c) and (e)(i)
thereof,

Whereas:

(4)

(5)

the

to guarantee

Under Article 26(3) of Regulation (EC) No 318/2006, in
order
the
production of the products referred to in Article 13(2)
of
the Commission may suspend in
whole or in part for certain quantities the application
of import duties on sugar.

supply necessary

that Regulation,

for

detailed rules of
the 2006/2007,
application for
2007/2008 and 2008/2009 marketing years for the
import and refining of sugar products under certain
tariff quotas and preferential agreements (3), and it
is
therefore necessary to derogate from Article 6(1) of
Regulation (EC) No 1301/2006.

imported,

the quantities

To facilitate management and ensure monitoring and
control of
the period of
validity of import licences for sugar benefiting from the
suspension of the application of import duties should be
limited to the end of the 2006/2007 marketing year and
the issue of import licences should be restricted to users
of industrial sugar. These do not necessarily trade with
third countries, and it is therefore necessary to derogate
from Article 5 of Regulation (EC) No 1301/2006.

The provisions on the management of the industrial raw
material and the obligations on processors laid down by
Commission Regulation (EC) No 967/2006 of 29 June
2006 laying down detailed rules for the application of
Council Regulation (EC) No 318/2006 as regards sugar
production in excess of the quota (4) should apply to the
quantities imported under this Regulation.

to guarantee the supply necessary for

In order
the
production of the products referred to in Article 13(2)
of Regulation (EC) No 318/2006, it is in the interest of
the Community to suspend completely the application of
import duties on industrial
the
production
the 2006/07
of
marketing year.

intended for

products

those

sugar

for

import

Commission Regulation (EC) No 1301/2006 of 31
August 2006 laying down common rules for the admin-
istration of import tariff quotas for agricultural products
licences (2) applies
managed by a system of
without prejudice to additional conditions or derogations
which might be laid down by the sectoral regulations. In
to ensure fluid supply to the
particular,
in order
Community market,
it is appropriate to maintain the
intervals at which import licence applications are to be
submitted as provided for in Commission Regulation
(EC) No 950/2006 of 28 June 2006 laying down

(6)

The Management Committee for Sugar has not delivered
an opinion within the time limit set by its Chairman,

HAS ADOPTED THIS REGULATION:

Article 1

Suspension of import duties

For the 2006/2007 marketing year, the application of
falling within CN code

1.
import duties on white
1701 99 10 is suspended for a quantity of 200 000 tonnes.

sugar

2.
Sugar imported under this Regulation shall be used speci-
fically for the purposes of production of the products referred
to in the Annex to Regulation (EC) No 967/2006.

(1) OJ L 58, 28.2.2006, p. 1. Regulation as amended by Regulation (EC)

(EC) No 2031/2006 (OJ L 414, 30.12.2006, p. 43).

No 2011/2006 (OJ L 384, 29.12.2006, p. 1).

(2) OJ L 238, 1.9.2006, p. 13.

(4) OJ L 176, 30.6.2006, p. 22. Regulation as last amended by Regu-

lation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

(3) OJ L 178, 1.7.2006, p. 1. Regulation as last amended by Regulation

(1)

(2)

(3)

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Article 2

Import licences

Article 4

Obligations on processors

1.
The rules on import licences laid down by Regulation (EC)
No 950/2006 and the rules laid down by Regulation (EC) No
1301/2006 shall apply to imports of sugar carried out under
this Regulation, unless otherwise provided for in this Regu-
lation.

import licences shall be valid until the end of the
However,
second month following their actual day of issue within the
meaning of Article 23(2) of Commission Regulation (EC) No
1291/2000 (1), and not later than 30 September 2007.

By way of derogation from Article 5 of Regulation (EC)
2.
No 1301/2006, applications for import licences for the quan-
tities referred to in Article 1(1) may be submitted only by
processors within the meaning of Article 2(d) of Regulation
(EC) No 967/2006.

3.
By way of derogation from Article 6(1) of Regulation (EC)
No 1301/2006, import licence applications shall be submitted
each week, from Monday to Friday, starting on the date referred
to in Article 4(5) of Regulation (EC) No 950/2006 and until the
issue of licences is discontinued as referred to in the second
subparagraph of Article 5(3) of that Regulation. An applicant
may submit only one licence application per week.

Article 3

Application of Regulation (EC) No 967/2006

1.
Processors shall supply proof, to the satisfaction of the
competent authorities of the Member State, that the quantities
imported under this Regulation have been used for the purposes
of production of the products referred to in Article 1(2) and in
accordance with the approval referred to in Article 5 of Regu-
the
lation (EC) No 967/2006. This proof shall consist of
computerised recording in the records during or at the end of
the production process of
the products
concerned.

the quantities of

2.
If processors have not supplied the proof referred to in
paragraph 1 by the end of the third month following the month
of import they shall pay, for each day of delay, a sum of EUR 5
per tonne of the quantity concerned.

3.
If processors have not supplied the proof referred to in
paragraph 1 by the end of the fifth month following the month
of import, the quantity concerned shall be considered to be
overdeclared for the purposes of applying Article 13 of Regu-
lation (EC) No 967/2006.

Article 5

Entry into force

Articles 11, 12 and 13 of Regulation (EC) No 967/2006 shall
apply to imports of sugar under this Regulation.

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, 23 February 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 152, 24.6.2000, p. 1.