CELEX: 32001R0396
Language: en
Date: 2001-02-27 00:00:00
Title: Commission Regulation (EC) No 396/2001 of 27 February 2001 providing for the continued application of safeguard measures for imports from the overseas countries and territories of sugar sector products with EC/OCT cumulation of origin for the period 1 March to 30 June 2001

28.2.2001              EN                    Official Journal of the European Communities                                            L 58/13
                                         COMMISSION REGULATION (EC) No 396/2001
                                                          of 27 February 2001
               providing for the continued application of safeguard measures for imports from the overseas
               countries and territories of sugar sector products with EC/OCT cumulation of origin for the period
                                                      1 March to 30 June 2001
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                      EC/OCT cumulation of origin (3), as amended by Regula-
                                                                                 tion (EC) No 2496/2000 (4), limits EC/OCT cumulation
                                                                                 of origin for the products referred to in recital 1 to a
                                                                                 maximum of 4 848 tonnes of sugar for the period 1
Having regard to the Treaty establishing the European                            October 2000 to 28 February 2001.
Community,
                                                                        (4)      In the past few years difficulties have arisen on the
                                                                                 Community sugar market, a market in surplus. Sugar
                                                                                 consumption is constant at some 12,7 million tonnes
Having regard to Council Decision 91/482/EEC of 25 July                          per year, while production under quota is around 14,3
1991 on the association of the overseas countries and terri-                     million tonnes per year. Any imports of sugar into the
tories with the European Economic Community (1), as last                         Community therefore involve a corresponding quantity
amended by Decision 2000/169/EC (2), hereafter referred to as                    of Community sugar which cannot be sold on that
the ‘OCT Decision’, and in particular Article 109 thereof,                       market having to be exported. Refunds for that sugar —
                                                                                 within the limit of certain quotas — are charged to the
                                                                                 Community budget (currently at around EUR 435/
                                                                                 tonne). However, exports with refund are limited in
Following consultation with the Committee set up under                           volume by the Agreement on Agriculture concluded as
Article 1(2) of Annex IV to that Decision,                                       part of the Uruguay Round (5) and have been reduced
                                                                                 from 1 555 600 tonnes for the 1995/96 marketing year
                                                                                 to 1 273 500 tonnes for the 2000/2001 marketing year.
Whereas:                                                                (5)      The operation of the COM in sugar may be greatly
                                                                                 destabilised by these difficulties. For the 2000/2001
                                                                                 marketing year, the Commission reduced Community
                                                                                 producers' quotas by 498 800 tonnes (6). Any further
(1)     The Commission has noted that imports of sugar (CN                       import of sugar or products with a high sugar content
        code 1701) and of mixtures of sugar and cocoa falling                    from the OCT will mean a greater reduction in the quota
        within CN codes 1806 10 30 and 1806 10 90 origin-                        for Community producers and a greater loss of income
        ating in the overseas countries and territories (the OCT)                for them.
        increased greatly between 1997 and 1999, particularly
        those imports with EC-OCT cumulation of origin, which           (6)      As a result of these continuing difficulties, there is a risk
        increased from zero in 1996 to more than 53 000                          that a sector of Community activity will deteriorate. The
        tonnes in 1999. Such products are imported into the                      Commission therefore decided on 13 February 2001 to
        Community free of import duties and are admitted                         continue to apply the safeguard clause provided for in
        without quantity limits in accordance with Article                       Article 109 of the OCT Decision in respect of imports of
        101(1) of the OCT Decision.                                              sugar sector products from the OCT with EC-OCT
                                                                                 cumulation of origin.
(2)     By Decision of 25 February 2000 extending Decision              (7)      Article 100 of the OCT Decision states that its object is
        91/482/EEC on the association of the overseas countries                  to promote trade between the overseas countries and
        and territories with the European Economic Community,                    territories and the Community, taking account of their
        the Council extended the period of application of the                    respective levels of development. In accordance with
        OCT Decision until 28 February 2001. The Commission                      Article 109(2) of the OCT Decision, priority must be
        has proposed that the Council extend this Decision for                   given to such measures as would least disturb the func-
        the four-month period ending on 30 June 2001.                            tioning of the association and the Community. More-
                                                                                 over, those measures must not exceed the limits of what
                                                                                 is strictly necessary to remedy the difficulties that have
                                                                                 arisen.
(3)     Commission Regulation (EC) No 2081/2000 of 29
                                                                        (3) OJ L 246, 30.9.2000, p. 64.
        September 2000 providing for the continued application          (4) OJ L 288, 15.11.2000, p. 13.
        of safeguard measures for imports from the overseas             (5) OJ L 336, 23.12.1994, p. 22.
        countries and territories of sugar sector products with         (6) Commission Regulation (EC) No 2073/2000 of 29 September 2000
                                                                            reducing, for the 2000/2001 marketing year, the guaranteed quan-
                                                                            tity under the production quotas scheme for the sugar sector and
(1) OJ L 263, 19.9.1991, p. 1.                                              the presumed maximum supply needs of sugar refineries under the
(2) OJ L 55, 29.2.2000, p. 67.                                              preferential import arrangements (OJ L 246, 30.9.2000, p. 38).
 ---pagebreak--- L 58/14                EN                      Official Journal of the European Communities                                      28.2.2001
(8)     To that end, EC/OCT cumulation of origin for products                     by that person and proof that a special security has been
        falling within CN codes 1701, 1806 10 30 and                              lodged to ensure performance of the undertakings
        1806 10 90 should be restricted to a maximum of                           arising from the licences.
        3 878 tonnes of sugar for the period 1 March to 30 June
        2001, that figure representing the sum of the highest             (13)    In view of the impact of the imports, the safeguard
        annual volumes of imports of the products in question                     measures should be made to apply with immediate
        recorded in the three years preceding 1999, the year in                   effect,
        which imports recorded a sharp rise. In determining the
        quantities of sugar to be taken into consideration, the
        Commission takes note of the position adopted by the
        President of the Court of First Instance in his rulings of
        12 July and 8 August 2000 in cases T-94/00R, T-110/
        00R and T-159/00R (1), without, however, recognising it           HAS ADOPTED THIS REGULATION:
        as justified. Consequently, in order to avoid unnecessary
        procedures and solely for the purposes of adopting these
        safeguard measures, the Commission, for sugar falling
        within CN code 1701 and for 1997, bases itself on the                                          Article 1
        figure of 10 372,2 tonnes, the total imports of sugar
        from the OCT with EC-OCT and ACP/OCT cumulation                   For products falling within tariff headings CN 1701,
        of origin recorded by Eurostat.                                   1806 10 30 and 1806 10 90, EC/OCT cumulation of origin as
                                                                          referred to in Article 6 of Annex II to Decision 91/482/EEC
                                                                          shall be permitted for a quantity of 3 878 tonnes of sugar
                                                                          during the period of validity of this Regulation.
(9)     Safeguard measures should also be introduced for prod-
        ucts falling within CN codes 1806 10 30 and                       For products other than unprocessed sugar, the sugar content
        1806 10 90 in view of their high sugar content and the            of the imported product shall be taken into account for the
        similar prejudicial effects on the COM in sugar as with           purposes of complying with that limit.
        unprocessed sugar. Those measures should ensure that
        the quantities of sugar-based products imported from
        the OCT do not exceed a volume that could disturb the
        COM in sugar, while at the same time guaranteeing                                              Article 2
        them a commercial outlet.
                                                                          1.     Import of the products referred to in Article 1 shall be
                                                                          subject to the issue of an import licence in accordance with
                                                                          Commission Regulation (EC) No 1291/2000 of 9 June 2000
(10)    It should be recalled that the Commission proposed to             laying down common detailed rules for the application of the
        the Council, as part of a review of the OCT Decision,             system of import and export licences and advance fixing certi-
        that the rules allowing cumulation in the sugar sector be         ficates for agricultural products (4).
        abolished.
                                                                          2.     Articles 2 to 6 of Commission Regulation (EC) No 2553/
                                                                          97 of 17 December 1997 on rules for issuing import licences
(11)    The specific checks on imported goods covered by the              for certain products covered by CN codes 1701, 1702, 1703
        measures laid down by this Regulation and the checks              and 1704 and qualify as ACP/OCT originating products (5)
        applicable in trade with third countries established under        shall apply mutatis mutandis.
        the Community rules on release for free circulation and
        customs value laid down by Council Regulation (EEC)               However:
        No 2913/92 of 12 October 1992 establishing the
        Community Customs Code (2), as last amended by Regu-              — licences shall bear the serial number 53.0001,
        lation (EC) No 2700/2000 of the European Parliament               — licence applications may be for a maximum of 3 878
        and of the Council (3), should ensure compliance with                  tonnes,
        the provisions laid down by this Regulation.
                                                                          — Article 4(3) of Regulation (EC) No 2553/97 shall not apply,
                                                                          — applications shall be lodged with the competent authorities
                                                                               during the first five working days of each month, with the
(12)    In order to guarantee proper management, avoid specu-                  exception of March 2001, when applications may be
        lation and permit effective controls on products falling               lodged by 15 March 2001 at the latest,
        within CN codes 1701, 1806 10 30 and 1806 10 90,                  — the single reducing coefficient shall be applied and the
        the rules for the lodging of licence applications should               lodging of new applications suspended where the quantity
        be specified. They must include, for products with                     covered by applications for import licences exceeds 3 878
        EC-OCT cumulation of origin, proof that the applicant                  tonnes during the period of application of this Regulation,
        normally carries on business in the sugar sector, a
        declaration that no other applications have been lodged           — import licences shall expire on the final day of the third
                                                                               month following issue.
(1) Not yet published in the Official Journal.
(2) OJ L 302, 19.10.1992, p. 1.                                           (4) OJ L 152, 24.6.2000, p. 1.
(3) OJ L 311, 12.12.2000, p. 17.                                          (5) OJ L 349, 19.12.1997, p. 26.
 ---pagebreak--- 28.2.2001          EN                      Official Journal of the European Communities                                L 58/15
          3.     For the products referred to in Article 1 with EC/OCT cumulation of origin, on completion of the
          formalities for release for free circulation in the customs territory of the Community, operators shall give
          the customs authorities in the Member States a copy of the export licence, issued in accordance with Article
          13 of Council Regulation (EC) No 2038/1999 of 13 September 1999 on the common organisation of the
          markets in the sugar sector (1), for the sugar used in those products.
                                                               Article 3
          This Regulation shall enter into force on the day of its publication in the Official Journal of the European
          Communities.
          It shall apply from 1 March 2001 to 30 June 2001.
                  This Regulation shall be binding in its entirety and directly applicable in all Member States.
                  Done at Brussels, 27 February 2001.
                                                                                 For the Commission
                                                                                    Franz FISCHLER
                                                                              Member of the Commission
          (1) OJ L 252, 25.9.1999, p. 1.