CELEX: 32017R1085
Language: en
Date: 2017-06-19 00:00:00
Title: Commission Implementing Regulation (EU) 2017/1085 of 19 June 2017 amending Regulation (EC) No 891/2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector

20.6.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 156/19
            
         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1085
   of 19 June 2017
   amending Regulation (EC) No 891/2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 187 thereof,
   Whereas:
   
               (1)
            
            
               An Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union (2) (‘the Agreement’) was signed on 25 November 2016. Its signature on behalf of the European Union was authorised by Council Decision (EU) 2016/1995 (3) and its conclusion by Council Decision (EU) 2017/730 (4).
            
         
               (2)
            
            
               Under the terms of the Agreement, the European Union is to allocate an additional 78 000 tonnes to the present allocation for Brazil under the EU tariff rate quota ‘Raw Cane sugar, for refining’, tariff item 1701.13.10 and 1701.14.10, maintaining the present in quota rate of EUR 98 per tonne, and to allocate an additional 36 000 tonnes to the present allocation under the ‘Any third country’ part of the EU tariff rate quota ‘Raw Cane sugar, for refining’, tariff item 1701.13.10 and 1701.14.10, maintaining the present in quota rate of EUR 98 per tonne.
            
         
               (3)
            
            
               As regards the volume of 78 000 tonnes allocated to Brazil under the EU tariff rate quota, the Agreement further provides that the European Union is to autonomously apply an in quota rate of no more than EUR 11 per tonne for the first six years during which this volume is available and an in quota rate of no more than EUR 54 per tonne in the seventh year.
            
         
               (4)
            
            
               Commission Regulation (EC) No 891/2009 (5) provides for the opening and the administration of tariff quotas in the sugar sector, including those originating in Brazil and Any third country. To implement the tariff quotas for sugar laid down in the Agreement, it is therefore necessary to amend that Regulation accordingly.
            
         
               (5)
            
            
               The proposed amendments should apply from the date of entry into force of the Agreement.
            
         
               (6)
            
            
               The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets,
            
         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 891/2009 is amended in accordance with the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
   It shall apply from the date of entry into force of the Agreement.
   
      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 June 2017.
      
         
            For the Commission
         
         
            The President
         
         Jean-Claude JUNCKER
      
   
   
      (1)  OJ L 347, 20.12.2013, p. 671.
   
      (2)  Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union (OJ L 108. 26.4.2017, p. 3).
   
      (3)  Council Decision (EU) 2016/1995 of 11 November 2016 on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union (OJ L 308, 16.11.2016, p. 1).
   
      (4)  Council Decision (EU) 2017/730 of 25 April 2017 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union (OJ L 108, 26.4.2017, p. 1).
   
      (5)  Commission Regulation (EC) No 891/2009 of 25 September 2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector (OJ L 254, 26.9.2009, p. 82).
   
      ANNEX
      In Annex I to Regulation (EC) No 891/2009, Part I: CXL concessions sugar is replaced by the following:
      
         
            ‘Part I: CXL concessions sugar
         
         
                     Third country
                  
                  
                     Order number
                  
                  
                     CN code
                  
                  
                     Quantities (tonnes)
                  
                  
                     In quota rate (EUR/tonne)
                  
               
                     Australia
                  
                  
                     09.4317
                  
                  
                     1701 13 10  and 1701 14 10 
                  
                  
                     9 925 
                  
                  
                     98
                  
               
                     Cuba
                  
                  
                     09.4319
                  
                  
                     1701 13 10  and 1701 14 10 
                  
                  
                     68 969 
                  
                  
                     98
                  
               
                     Any third country
                  
                  
                     09.4320
                  
                  
                     1701 13 10  and 1701 14 10 
                  
                  
                     289 977  (1)
                     
                  
                  
                     98
                  
               
                     India
                  
                  
                     09.4321
                  
                  
                     1701 
                  
                  
                     10 000 
                  
                  
                     0
                  
               
            
         
                     Third country
                  
                  
                     Order number
                  
                  
                     CN code
                  
                  
                     Marketing Year
                  
                  
                     Quantities (tonnes)
                  
                  
                     In quota rate (EUR/tonne)
                  
               
                     Brazil
                  
                  
                     09.4318
                  
                  
                     1701 13 10  and 1701 14 10 
                  
                  
                     2016/2017 until 2023/2024
                  
                  
                     334 054 
                  
                  
                     98
                  
               
                     09.4318
                  
                  
                     1701 13 10  and 1701 14 10 
                  
                  
                     From
                     2024/2025
                  
                  
                     412 054 
                  
                  
                     98
                  
               
                     09.4329
                  
                  
                     1701 13 10  and 1701 14 10 
                  
                  
                     2016/2017
                  
                  
                     19 500 
                  
                  
                     11
                  
               
                     2017/2018
                  
                  
                     78 000 
                  
                  
                     11
                  
               
                     2018/2019
                  
                  
                     78 000 
                  
                  
                     11
                  
               
                     2019/2020
                  
                  
                     78 000 
                  
                  
                     11
                  
               
                     2020/2021
                  
                  
                     78 000 
                  
                  
                     11
                  
               
                     2021/2022
                  
                  
                     78 000 
                  
                  
                     11
                  
               
                     2022/2023
                  
                  
                     58 500 
                  
                  
                     11
                  
               
                     09.4330
                  
                  
                     1701 13 10  and 1701 14 10 
                  
                  
                     2022/2023
                  
                  
                     19 500 
                  
                  
                     54
                  
               
                     2023/2024
                  
                  
                     58 500 
                  
                  
                     54’
                  
               
      
         (1)  For the marketing year 2016/2017, the quantity shall be 262 977 tonnes.