Commission Regulation (EC) No 1088/2008 of 5 November 2008 provisionally setting delivery obligations for cane sugar to be imported under the ACP Protocol and the Agreement with India for the delivery period beginning on 1 July 2009
Date: 2008-11-05
Institutions: European Commission
Subjects: India, cane sugar, common organisation of markets, farming sector, import licence

L 297/12

EN

Official Journal of the European Union

6.11.2008

COMMISSION REGULATION (EC) No 1088/2008

of 5 November 2008

provisionally setting delivery obligations for cane sugar to be imported under the ACP Protocol and
the Agreement with India for the delivery period beginning on 1 July 2009

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

lating delivery obligations for each exporting country for
the delivery period beginning on 1 July 2009, on the
basis of the information currently available.

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Article 156 in conjunction with Article 4 thereof,

Whereas:

(1)

(2)

(3)

for detailed rules

Article 12 of Commission Regulation (EC) No 950/2006
of 28 June 2006 laying down detailed rules of appli­
cation for
the 2006/07, 2007/08 and 2008/09
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
within CN code 1701,
expressed in white-sugar
equivalent, for imports originating in the countries that
are signatories to Protocol 3 attached to Annex V to the
the
Partnership Agreement between the members of
African, Caribbean and Pacific Group of States of the
one part,
and the European Community and its
Member States, of the other part, signed in Cotonou
on 23 June 2000 (ACP
to the
Agreement with India.

Protocol)

and

By Decision 2007/626/EC (3)
the Council decided to
denounce, on behalf of the Community, the Agreement
with India on cane sugar (‘Agreement with India’) (4),
with effect
from 1 October 2009. By Decision
2007/627/EC (5) the Council decided to denounce, on
behalf of the Community, the ACP Protocol with effect
from 1 October 2009. The delivery period starting on
1 July 2009 will therefore only last for 3 months.

Application of Articles 3 and 7 of the ACP Protocol,
Articles 3 and 7 of
the Agreement with India and
Article 12(3) and Articles 14 and 15 of Regulation
(EC) No 950/2006 has resulted in the Commission calcu­

(1) OJ L 299, 26.11.2007, p. 1.
(2) OJ L 178, 1.7.2006, p. 1.
(3) OJ L 255, 29.9.2007, p. 37.
(4) OJ L 190, 23.7.1975, p. 36.
(5) OJ L 255, 29.9.2007, p. 38.

(4)

(5)

(6)

For the delivery period which runs between 1 July 2009
and 30 September 2009, sufficient time should be given
to operators
therefore
to organise the trade.
necessary to provisionally determine the delivery obli­
gations for the period beginning on 1 July 2009 in
accordance with point (a) of Article 12(2) of Regulation
(EC) No 950/2006.

is

It

the chronology of

Trading contracts between Community importers and
ACP countries and India are linked to delivery periods.
In order to respect
the deliveries,
applications for import licences for the delivery period
beginning on 1 July 2009 should not be submitted
before 4 May 2009 unless it can be established that
the exporting country met
its delivery obligation for
the 2008/09 delivery period as set out by Commission
Regulation (EC) No 403/2008 (6).

In accordance with Article 153(3) of Regulation (EC) No
1234/2007, import licences for sugar for refining are to
be issued only to full-time refiners provided that the
quantities concerned do not exceed the quantities that
may be imported in the framework of the traditional
supply need referred to in Article 153(1) of Regulation
(EC) No 1234/2007. However, pursuant to Article 155
of Regulation (EC) No 1234/2007, the Commission may
adopt measures derogating from Article 153(3) of that
Regulation in order to ensure that the ACP/Indian sugar
is imported into the Community under the conditions set
out in the ACP Protocol and the Agreement with India.
For the delivery period starting on 1 July 2009 and
taking into account
imported
raw cane sugar on 1 October 2009, those conditions
can only be fulfilled if all traders can have access to
import
is therefore
necessary to derogate from Article 10(1) of Regulation
(EC) No 950/2006 which limits the submission of appli­
cations for sugar for refining to full-time refiners.

licences for sugar for refining.

the price reduction of

It

(7)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

(6) OJ L 120, 7.5.2008, p. 6.

6.11.2008

EN

Official Journal of the European Union

L 297/13

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 are provisionally determined as set out in the Annex.
The amounts are fixed for each exporting country concerned in
respect of products falling within CN code 1701, expressed in
white-sugar equivalent,
in the delivery period beginning on
1 July 2009.

Article 2

By way of derogation from the second subparagraph of
Article 4(5) of Regulation (EC) No 950/2006, the first period
of submission for import licence applications shall start on
4 May 2009. However, where the limit
for the 2008/09
delivery period as set by Regulation (EC) No 403/2008 is
reached in relation to one of the exporting countries, the first

period for submission of import licence applications for that
country shall start on the Monday following the Commission’s
information to the Member States referred to in Article 5(3) of
Regulation (EC) No 950/2006.

Article 3

For the delivery obligations of the delivery period beginning on
1 July 2009 and by way of derogation from Article 10(1) of
Regulation (EC) No 950/2006, all applicants fulfilling the
conditions of Article 5 of Commission Regulation (EC) No
1301/2006 (1) may submit applications for import
licences
for sugar for refining in the Member State in which they are
registered for VAT purposes.

Article 4

This Regulation shall enter into force on the seventh 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, 5 November 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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

L 297/14

EN

Official Journal of the European Union

6.11.2008

ANNEX

Delivery obligations for imports of preferential sugar, expressed in tonnes white-sugar equivalent, originating in countries
which are signatories to the ACP Protocol and to the Agreement with India for the delivery period beginning on
1 July 2009.

ACP Protocol/Agreement with India
signatory country

Delivery obligations for the period
beginning on 1 July 2009

Barbados

Belize

Congo

Fiji

Guyana

India
Côte d’Ivoire

Jamaica

Kenya

Madagascar

Malawi

Mauritius

Mozambique

St Kitts and Nevis

Suriname

Swaziland

Tanzania

Trinidad and Tobago

Uganda

Zambia

Zimbabwe

Total

8 024,35

11 670,03

2 546,53

41 337,08

41 282,85

2 500,00

2 546,53

30 558,58

1 250,00

2 690,00

5 206,10

122 757,63

1 500,00

0,00

0,00

29 461,13

2 546,53

10 937,75

0,00

1 803,75

7 556,20

326 175,04