Commission Regulation (EC) No 738/2007 of 28 June 2007 adjusting the delivery obligations for cane sugar to be imported under the ACP Protocol and the Agreement with India for the 2006/2007 delivery period
Date: 2007-06-28
Institutions: European Commission
Subjects: ACP countries, India, cane sugar, import, protocol to an agreement, tariff quota

29.6.2007

EN

Official Journal of the European Union

L 169/19

COMMISSION REGULATION (EC) No 738/2007

of 28 June 2007

adjusting the delivery obligations for cane sugar to be imported under the ACP Protocol and the
Agreement with India for the 2006/2007 delivery period

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 31 thereof,

Whereas:

(5)

(6)

(7)

(1)

(2)

(3)

(4)

Article 12 of Commission Regulation (EC) No 950/2006
of 28 June 2006 laying down detailed rules of appli-
cation 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 (2) provides
for setting
delivery obligations at zero duty for products falling
expressed in white-sugar
within CN code 1701,
equivalent, for imports originating in the countries that
are
and to the
to the ACP Protocol
signatories
Agreement with India.

for detailed rules

These quantities were set, for the 2006/2007 delivery
period, by Commission Regulation (EC) No 81/2007 of
29 January 2007 setting delivery obligations for cane
sugar to be imported under the ACP Protocol and the
Agreement with India for
the 2006/2007 delivery
period (3).

Article 7(1) and (2) of the ACP Protocol lays down rules
for cases where an ACP State fails to deliver its agreed
quantity.

The competent authorities of Congo, Côte d’Ivoire,
Kenya, Madagascar, and Trinidad and Tobago informed
the Commission that they will be unable to deliver their
agreed quantities in full and that they do not wish to
have an additional period for delivery.

After consultation with the ACP States concerned, a real-
location of the shortfall should therefore be carried out
for delivery during the 2006/2007 delivery period.

and

Regulation (EC) No 81/2007 should therefore be
the
repealed,
delivery
2006/2007 delivery period should be
adjusted in
accordance with Article 12(1) and (2)(c) of Regulation
(EC) No 950/2006.

obligations

the

for

Paragraph 2 of Article 14 of Regulation
(EC)
No 950/2006 states that paragraph 1 of that Article
shall not apply to a quantity reallocated in accordance
with Article 7(1) or (2) of the ACP Protocol. The quantity
reallocated pursuant to this Regulation should therefore
be imported before 30 June 2007. However, due to the
late decision of this reallocation and account being taken
of the time allowed for applying for import licences, it
will be impossible to respect
this deadline. Therefore
Article 14(1) of Regulation (EC) No 950/2006 should
also apply to the quantity reallocated pursuant to this
Regulation.

(8)

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 delivery obligations for imports originating in the countries
that are signatories to the ACP Protocol and to the Agreement
with India in respect of products falling within CN code 1701,
in the
expressed
2006/2007 delivery period for
country
concerned, are hereby adjusted as shown in the Annex.

equivalent,
each exporting

in tonnes of white-sugar

(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 178, 1.7.2006, p. 1. Regulation as last amended by Regulation

(EC) No 371/2007 (OJ L 92, 3.4.2007, p. 6).

(3) OJ L 21, 30.1.2007, p. 3.

Article 2

By way of derogation from Article 14(2) of Regulation (EC)
No 950/200, Article 14(1) of that Regulation shall apply to
the quantity reallocated pursuant
to this Regulation and
imported after 30 June 2007.

L 169/20

EN

Official Journal of the European Union

29.6.2007

Regulation (EC) No 81/2007 is hereby repealed.

Article 3

Article 4

This Regulation shall enter into force on the day of 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, 28 June 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

29.6.2007

EN

Official Journal of the European Union

L 169/21

ANNEX

Delivery obligations for imports of preferential sugar originating in countries which are signatories to the ACP
Protocol and to the Agreement with India for the 2006/2007 delivery period, expressed in tonnes of white-sugar
equivalent

ACP Protocol/India Agreement signatory country

Delivery obligations
2006/2007

Barbados

Belize

Congo
Côte d’Ivoire
Fiji

Guyana

India

Jamaica

Kenya

Madagascar

Malawi

Mauritius

Mozambique

Uganda

Saint Kitts and Nevis

Suriname

Swaziland

Tanzania

Trinidad and Tobago

Zambia

Zimbabwe

33 234,21

42 689,30

0,00

520,00

174 596,53

167 302,91

10 208,11

121 412,96

41,00

6 049,50

27 983,19

488 343,91

10 488,04

0,00

0,00

0,00

126 304,79

10 270,00

23 500,00

12 085,21

36 231,46

Total

1 291 261,13