CELEX: 32000R0465
Language: en
Date: 2000-02-29 00:00:00
Title: Commission Regulation (EC) No 465/2000 of 29 February 2000 introducing safeguard measures for imports from the overseas countries and territories of sugar sector products with EC/OCT cumulation of origin

1. 3. 2000             EN                       Official Journal of the European Communities                                             L 56/39
                                           COMMISSION REGULATION (EC) No 465/2000
                                                            of 29 February 2000
               introducing safeguard measures for imports from the overseas countries and territories of sugar
                                         sector products with EC/OCT cumulation of origin
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                         tonnes. Any imports into the Community therefore
                                                                                    involve a corresponding quantity of Community sugar
                                                                                    which cannot be sold on that market having to be
Having regard to the Treaty establishing the European                               exported. Refunds for that sugar — within the limit of
Community,                                                                          certain quotas — are charged to the Community budget
                                                                                    (currently at around EUR 520/tonne). However, exports
Having regard to Council Decision 91/482/EEC of 25 July                             with refund are limited in volume by the Agreement on
1991 on the association of the overseas countries and terri-                        Agriculture concluded as part of the Uruguay Round
tories with the European Economic Community (1), as last                            and have been reduced from 1 555 600 tonnes for the
amended by Decision 2000/169/EC (2), hereinafter known as                           1995/96 marketing year to 1 273 500 tonnes for the
the ‘OCT Decision’, and in particular Article 109 thereof,                          2000/2001 marketing year.
Following consultation with the Committee set up under
Article 1(2) of Annex IV to that Decision,                                 (5)      The operation of the CMO in sugar may be greatly
                                                                                    destabilised by these difficulties. For the 2000/2001
                                                                                    marketing year, which starts on 1 July 2000, it is
Whereas:
                                                                                    planned on the basis of the most cautious estimates
                                                                                    currently available, to reduce Community producers'
(1)     The Commission has noted that imports of sugar (CN                          quotas by some 500 000 t (4). Any further import of
        code 1701) and of mixtures of sugar and cocoa falling                       sugar or products with a high sugar content from the
        within CN codes 1806 10 30 and 1806 10 90 origin-                           OCT will mean a greater reduction in the quota for
        ating in the overseas countries and territories (the OCT)                   Community producers and a greater guaranteed income
        have been increasing greatly since 1997, particulary                        loss for them.
        those imports with EC/OCT cumulation of origin, which
        have gone from zero in 1996 to more than 48 000
        tonnes in 1999. Such products are imported into the
        Community free of import duties and are released for               (6)      Imports occur in a period of some three months
        free circulation without quantity limits in accordance                      following applications for the issue of licences as a result
        with Article 101(1) of the OCT Decision.                                    of their period of validity. As a result, all imports taken
                                                                                    together, including those in the months preceding the
                                                                                    start of the 2000/2001 marketing year, dictate the situa-
(2)     By Commission Regulation (EC) No 2423/1999 of 15                            tion on the market during that marketing year and
        November 1999 introducing safeguard measures in                             generate the detrimental effects mentioned in recital (5)
        respect of sugar falling within CN code 1701 and                            above.
        mixtures of sugar and cocoa falling within CN codes
        1806 10 30 and 1806 10 90 originating in the overseas
        countries and territories (3), applicable until 29 February
        2000, the Commission made those imports subject to                 (7)      As a result of the difficulties there is a risk that a sector
        minimum prices for the sugar and to the Community                           of Community activity will deteriorate. The Commission
        surveillance procedure for mixtures of sugar and cocoa                      therefore decided on 22 February 2000 to apply the
        so as to place those imported products on an equal                          safeguard clause provided for in Article 109 of the OCT
        competitive footing with Community products.                                Decision in respect of imports from the OCT with
                                                                                    EC/OCT cumulation of origin of sugar sector products.
(3)     By Decision 2000/169/EC of 25 February 2000
        extending Decision 91/482/EEC on the association of
        the overseas countries and territories with the European
        Economic Community the Council extended the period                 (8)      Article 100 of the OCT Decision states that its object is
        of application of the OCT Decision by a year, until 28                      to promote trade between the overseas countries and
        February 2001.                                                              territories and the Community, taking account of their
                                                                                    respective levels of development. In accordance with
                                                                                    Article 109(2) of the OCT Decision, priority must be
(4)     In the past few years difficulties have arisen on the                       given to such measures as would least disturb the func-
        Community sugar market, a market in surplus. Sugar                          tioning of the association and the Community; these
        consumption is constant at some 12,7 million tonnes,                        measures must not exceed the limits of what is stricly
        while production is between 16,7 and 17,8 million                           necessary to remedy the difficulties that have arisen.
(1) OJ L 263, 19.9.1991, p. 1.                                             (4) Article 26(5) of Council Regulation (EC) No 2038/1999 of 13
(2) OJ L 55, 29.2.2000, p. 67.                                                 September 1999 on the common organisation of the markets in the
(3) OJ L 294, 16.11.1999, p. 11.                                               sugar sector (OJ L 252, 25.9.1999, p. 1).
 ---pagebreak--- L 56/40                EN                     Official Journal of the European Communities                                       1. 3. 2000
(9)     To this end, the EC/OCT cumulation of origin for prod-           (13)    In view of the impact of the imports mentioned in
        ucts falling within CN codes 1701, 1806 10 30 and                        recital (6) above, the safeguard measures should be made
        1806 10 90 should be rectricted to a maximum of                          to apply with immediate effect,
        3 340 tonnes of sugar, that figure representing the sum
        of the highest annual volumes of imports of the prod-
        ucts in question recorded in the three years preceding
        1999, the year in which imports recorded an exponen-
        tial rise, and in respect of which there is currently an
                                                                         HAS ADOPTED THIS REGULATION:
        OLAF investigation into suspected irregularities. Imports
        of products falling within CN codes 1806 10 30 and
        1806 10 90 must also be subject to safeguard measures
        in view of their high sugar content and the detrimental
                                                                                                        Article 1
        effects of the same nature as for unprocessed sugar on
        the CMO in sugar. That measure must ensure that
        quantities of imported sugar-based products originating          For products falling within tariff headings CN 1701,
        in the OCT do not exceed a volume likely to cause                1806 10 30 and 1806 10 90, EC/OCT cumulation of origin as
        disturbances to the CMO in sugar while guaranteeing              referred to in Article 6 of Annex II to Decision 91/482/EEC
        them commercial ourlets.                                         shall be permitted for a quantity of 3 340 tonnes of sugar
                                                                         during the period of validity of this Regulation.
                                                                         For products other than unprocessed sugar, the sugar content
                                                                         of the imported product shall be taken into account for the
                                                                         purposes of complying with that limit.
(10)    The Commission reserves the right to propose to the
        Council, as part of a review of the OCT Decision, that
        the rules allowing cumulation be deleted or that a                                              Article 2
        quantity restriction at the lowest possible level be
        applied, taking account of the actual financial benefits to      1.     Import of the products referred to in Article 1 shall be
        the OCT, the objectives of the common agricultural               subject to the issue of an import licence.
        policy and budgetary restraints.
                                                                         2.     Articles 2 to 6 of Commission Regulation (EC) No 2553/
                                                                         97 of 17 December 1997 on rules for issuing import licences
                                                                         for certain products covered by CN codes 1701, 1702, 1703
                                                                         and 1704 and qualifying as ACP/OCT originating products (3)
                                                                         shall apply mutatis mutandis.
(11)    The specific checks on the value of the imported goods
        covered by the measures laid down by this Regulation,            However:
        and the checks applicable in trade with third countries          — licences shall bear the serial number 53.0001;
        established under the Community rules on release for
        free circulation and customs value laid down by Council          — Article 4(3) of Regulation (EC) No 2553/97 shall not apply;
        Regulation (EEC) No 2913/92 of 12 October 1992                   — applications shall be lodged with the competent authorities
        establishing the Community Customs Code (1), as last                  during the first five working days of each month, with the
        amended by Regulation (EC) No 955/1999 of the Euro-                   exception of March 2000, in which applications may be
        pean Parliament and of the Council (2), applicable to                 lodged by 15 March 2000 at the latest.
        trade with third countries should ensure compliance
        with the provisions introduced in this Regulation.
                                                                         3.     Applications for import licences shall be accompanied by
                                                                         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 (4), in respect of the sugar for the products referred to in
                                                                         Article 1.
(12)    In order to guarantee proper management, avoid specu-
        lation and permit effective controls the rules for the
        lodging of licence applications should be specified. They                                       Article 3
        must include proof that the applicant normally carries
        on business in the sugar sector, a declaration that no
                                                                         This Regulation shall enter into force on the day of its publica-
        other applications have been lodged by that person and
                                                                         tion in the Official Journal of the European Communities.
        proof that a special security has been lodged in respect
        of performance of the undertakings arising from the
        licences.                                                        It shall apply until 30 September 2000.
(1) OJ L 302, 19.10.1992, p. 1.                                          (3) OJ L 349, 19.12.1997, p. 26.
(2) OJ L 119, 7.5.1999, p. 1.                                            (4) OJ L 252, 25.9.1999, p. 1.
 ---pagebreak--- 1. 3. 2000  EN                     Official Journal of the European Communities                           L 56/41
           This Regulation shall be binding in its entirety and directly applicable in all Member States.
           Done at Brussels, 29 February 2000.
                                                                          For the Commission
                                                                            Franz FISCHLER
                                                                      Member of the Commission