Commission Regulation (EC) No 371/2007 of 2 April 2007 amending Regulation (EC) No 950/2006 laying down detailed rules of application for the 2006/2007, 2007/2008 and 2008/2009 marketing years for the import and refining of sugar products under certain tariff quotas and preferential agreements
Date: 2007-04-02
Institutions: European Commission
Subjects: import, import licence, marketing, preferential agreement, sugar industry, sugar refining, tariff quota

L 92/6

EN

Official Journal of the European Union

3.4.2007

COMMISSION REGULATION (EC) No 371/2007

of 2 April 2007

amending Regulation (EC) No 950/2006 laying down detailed rules of application for the 2006/2007,
2007/2008 and 2008/2009 marketing years for the import and refining of sugar products under
certain tariff quotas and preferential agreements

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)(e)(iii),

Whereas:

(1)

(2)

(3)

tariff

Article 6(1) of Commission Regulation (EC) No
1301/2006 of 31 August 2006 laying down common
rules for the administration of import tariff quotas for
agricultural products managed by a system of import
licences (2) provides that applicants for import licence
should not lodge more than one import licence appli-
cation for the same quota order number in respect of an
import
(EC) No
quota
1301/2006 applies without prejudice
to additional
conditions or derogations which might be laid down
in order to
by the sectoral regulations.
ensure fluid supply to the Community market,
the
intervals at which import licence applications are to be
submitted provided for in Commission Regulation (EC)
No 950/2006 (3),
is
therefore necessary to derogate from Article 6(1) of
Regulation (EC) No 1301/2006 on this point.

should be maintained, and it

period. Regulation

In particular,

The experience gained in the initial months of applying
that
Regulation
improvements
common
management rules laid down by that Regulation.

should be made

950/2006

suggests

to the

(EC)

No

In accordance with Article 7(2) Regulation (EC) No
950/2006, where release for free circulation does not
take place in the Member State which issued the
import licence, the Member State of release for free circu-
lation shall keep the original import licence. To allow the

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

last amended by
Commission Regulation (EC) No 247/2007 (OJ L 69, 9.3.2007,
p. 3).

(2) OJ L 238, 1.9.2006, p. 13. Regulation as last amended by Regu-

lation (EC) No 289/2007 (OJ L 78, 17.3.2007, p. 17).

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

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

(4)

(5)

(6)

(7)

operator to use the remaining quantities of the import
licences and to facilitate the release of the security of the
import licence, only a copy of the import licence should
be kept by that Member State.

The communications of
to the
Commission specified in Article 8(b)(i) of Regulation
(EC) No 950/2006 should also include the quantities
imported in the form of white sugar.

the Member States

In accordance with Article 10(1)(b) of Regulation (EC) No
950/2006, in the period from 30 June to the end of the
marketing year, any Community full-time refiner may
submit applications for import
licences for sugar for
refining in all Member States within the limits of the
quantities per Member State for which import licences
for sugar for refining may be issued. In such cases the
obligation under Article 4(2) second subparagraph of
that Regulation to submit
application to the
competent authorities of
the Member State in which
they are registered for VAT purposes should not apply.

the

If sugar imported as sugar for refining is not refined
within the period set in Article 4(4)(b) of Regulation
(EC) No 950/2006, only the holder of
the import
licence shall pay an amount equal
to EUR 500 per
tonne for the quantities of sugar not refined. Therefore,
the same penalty provided for in Article 11(3)(a) for the
approved sugar producer should be deleted.

the Czech Republic,

In accordance with Council Regulation (EC) No
1894/2006 of 18 December 2006 concerning the imple-
mentation of the Agreement in the form of an Exchange
of Letters between the European Community and Brazil
in the
relating to the modification of concessions
schedules of
the Republic of
Estonia, the Republic of Cyprus, the Republic of Latvia,
the Republic of Lithuania, the Republic of Hungary, the
Republic of Malta, the Republic of Poland, the Republic
of Slovenia and the Slovak Republic in the course of
accession to the European Community, amending and
supplementing Annex
to Regulation (EEC) No
2658/87 on the tariff and statistical nomenclature and
on the Common Customs Tariff (4), the Community has
undertaken to import from Brazil a tariff rate quota of
10 124 tonnes of raw cane sugar for refining at a rate of
duty of EUR 98 per tonne.

I

(4) OJ L 397, 30.12.2006, p. 1.

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Official Journal of the European Union

L 92/7

(8)

That quota should be opened and administered in
accordance with Regulation (EC) No 950/2006 as ‘CXL
Concessions sugar’. Since Article 24 of that Regulation
opens the tariff quotas for CXL Concessions sugar on a
marketing year basis, the annual tariff quota for raw cane
sugar for refining originating in Brazil should be adjusted
to take account of
the marketing year
2006/2007 covers 15 months.

the fact

that

— in the form of sugar for refining, expressed in tel
quel weight and in white sugar equivalent,

— in the form of sugar not intended for refining,
expressed in tel quel weight and in white sugar
equivalent,

(9)

Regulation (EC) No 950/2006 should therefore be
amended accordingly.

— in the form of white sugar,

(10)

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

(ii) the quantity of sugar, by tel quel weight and in white
sugar equivalent, that has actually been refined.’;

HAS ADOPTED THIS REGULATION:

4.

in Article 10(1), the following subparagraph is added:

Article 1

Regulation (EC) No 950/2006 is amended as follows:

1.

in Article 4(2), the first subparagraph is replaced by the
following:

‘2.
Notwithstanding 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
the
referred to in paragraph 5 of
issue of
is discontinued as referred to in the
second subparagraph of Article 5(3) of this Regulation.’;

this Article and until

licences

2. Article 7(2) is replaced by the following:

‘2. Where release for free circulation does not take place
in the Member State which issued the import licence, the
Member State of release for free circulation shall keep a copy
of the import licence and, where appropriate, the supple-
mentary document completed as provided for in Articles
22 and 23, and forward a copy to the Member State
which issued the import licence. In such cases, the holder
of the import licence shall retain the original.’;

‘For the applications submitted under point (b) of the first
subparagraph and by way of derogation from Article 4(2)
second subparagraph, applicants may submit their licence
applications to the competent authorities of a Member
State in which they are not registered for VAT purposes.
In that case, the applicant submits his approval as a full-
time refiner according to Article 7(1)(d) of Commission
Regulation (EC) No 952/2006 (*).

___________
(*) OJ L 178, 1.5.2006, p. 39.’;

5. Article 11, paragraph 3 is replaced by the following:

‘3.
Approved sugar producers shall pay, before 1 June
following the marketing year concerned, an amount equal
to EUR 500 per tonne for the quantities of sugar for which
they cannot provide proof acceptable to the Member State
that the sugar referred to in paragraph 2(c) is not imported
sugar not intended for refining or, if it is sugar for refining,
that it has not been refined for exceptional technical reasons
or due to a case of force majeure.’;

6.

in Article 24, paragraphs 1 and 2 are replaced by the
following:

3. Article 8(b) is replaced by the following:

‘(b) before 1 March and for the previous marketing year or

the previous delivery period, as the case may be:

‘1.
For each marketing year, tariff quotas for a total of
106 925 tonnes of raw cane sugar for refining, falling within
CN code 1701 11 10, shall be opened as CXL concessions
sugar at a duty of EUR 98 per tonne.

(i) the total quantity actually imported:

However, for the 2006/2007 marketing year the quantity
shall be 144 388 tonnes of raw cane sugar.

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Official Journal of the European Union

3.4.2007

The quantities referred to in paragraph 1 shall be

2.
allocated by country of origin as follows:

— Cuba

— Brazil

— Australia

58 969 tonnes,

34 054 tonnes,

9 925 tonnes,

— other third countries

3 977 tonnes.

— Cuba

— Brazil

— Australia

73 711 tonnes,

47 630 tonnes,

17 369 tonnes,

— other third countries

5 678 tonnes.’

Article 2

However, for the 2006/2007 marketing year the allocation
by country of origin shall be:

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, 2 April 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission