CELEX: 32000R2081
Language: en
Date: 2000-09-29 00:00:00
Title: Commission Regulation (EC) No 2081/2000 of 29 September 2000 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

L 246/64               EN                    Official Journal of the European Communities                                         30.9.2000
                                        COMMISSION REGULATION (EC) No 2081/2000
                                                         of 29 September 2000
               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
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                      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 520/
Having regard to the Treaty establishing the European                            tonne). However, exports with refund are limited in
Community,                                                                       volume by the Agreement on Agriculture concluded as
                                                                                 part of the Uruguay round (4) and have been reduced
                                                                                 from 1 555 600 tonnes for the 1995/96 marketing year
Having regard to Council Decision 91/482/EEC of 25 July                          to 1 273 500 tonnes for the 2000/01 marketing year.
1991 on the association of the overseas countries and terri-
tories with the European Economic Community (1), as last
amended by Decision 2000/169/EC (2), hereafter referred to as
the ‘OCT Decision’, and in particular Article 109 thereof,
                                                                        (5)      The operation of the COM in sugar may be greatly
                                                                                 destabilised by these difficulties. For the 2000/01
Following consultation with the Committee set up under                           marketing year, the Commission decided to reduce
Article 1(2) of Annex IV to that Decision,                                       Community producers quotas by some 500 000
                                                                                 tonnes (5). Any further import of sugar or products with
                                                                                 a high sugar content from the OCT will mean a greater
Whereas:                                                                         reduction in the quota for Community producers and a
                                                                                 greater guaranteed income loss for them.
(1)     The Commission has noted that imports of sugar (CN
        code 1701) and of mixtures of sugar and cocoa falling
        within CN codes 1806 10 30 and 1806 10 90 origin-               (6)      As a result of these continuing difficulties, there is a risk
        ating in the overseas countries and territories (the OCT)                that a sector of Community activity will deteriorate. The
        increased greatly between 1997 and 1999, particulary                     Commission therefore decided on 19 September 2000
        those imports with EC-OCT cumulation of origin, which                    to continue to apply the safeguard clause provided for in
        increased from zero tonnes in 1996 to more than                          Article 109 of the OCT Decision in respect of imports of
        53 000 tonnes in 1999. Such products are imported                        sugar sector products from the OCT with EC-OCT
        into the Community free of import duties and are                         cumulation of origin.
        admitted without quantity limits in accordance with
        Article 101(1) of the OCT Decision.
(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.                                     Article 109(2) of the OCT Decision, priority must be
                                                                                 given to such measures as would least disturb the func-
                                                                                 tioning of the association and the Community. More-
(3)     Commission Regulation (EC) No 465/2000 of 29                             over, those measures must not exceed the limits of what
        February 2000 introducing safeguard measures for                         is strictly necessary to remedy the difficulties that have
        imports from the overseas countries and territories of                   arisen.
        sugar sector products with EC/OCT (3) cumulation of
        origin for the products referred to in recital 1 to a
        maximum of 3 340 tonnes of sugar for the the period 1
        March to 30 September 2000.                                     (8)      To that end, EC/OCT cumulation of origin for products
                                                                                 falling within CN codes 1701, 1806 10 30 and
                                                                                 1806 10 90 should be restricted to a maximum of
(4)     In the past few years difficulties have arisen on the                    4 848 tonnes of sugar for the period 1 October 2000 to
        Community sugar market, a market in surplus. Sugar                       28 February 2001, that figure representing the sum of
        consumption is constant at some 12,8 million tonnes                      the highest annual volumes of imports of the products
        per year, while production under quota is around 14,3                    in question recorded in the three years preceding 1999,
        million tonnes per year. Any imports of sugar into the                   the year in which imports recorded a sharp rise. In
        Community therefore involve a corresponding quantity                     determining the quantities of sugar to be taken into
        of Community sugar which cannot be sold on that
                                                                        (4) OJ L 336, 23.12.1994, p. 22.
(1) OJ L 263, 19.9.1991, p. 1.                                          (5) Article 26(5) of Council Regulation (EC) No 2038/1999 of 13
(2) OJ L 55, 29.2.2000, p. 67.                                              September 1999 or the common organisation of the markets in the
(3) OJ L 56, 1.3.2000, p. 39.                                               sugar sector (OJ L 252, 25.9.1999, p. 1).
 ---pagebreak--- 30.9.2000              EN                     Official Journal of the European Communities                                      L 246/65
        consideration, the Commission takes note of the posi-            HAS ADOPTED THIS REGULATION:
        tion 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 as justified. Consequently, in                                        Article 1
        order to avoid unnecessary procedures and solely for the
        purposes of adopting these safeguard measures, the               For products falling within tariff headings CN 1701,
        Commission, for sugar falling within CN code 1701 and            1806 10 30 and 1806 10 90, EC/OCT cumulation of origin as
        for 1997, bases itself on the figure of 10 372,2 tonnes          referred to in Article 6 of Annex II to Decision 91/482/EEC
        for the total imports of sugar from the OCT with                 shall be permitted for a quantity of 4 848 tonnes of sugar
        EC-OCT and ACP-OCT cumulation of origin, as                      during the period of validity of this Regulation.
        recorded by Eurostat.
                                                                         For products other than unprocessed sugar, the sugar content
                                                                         of the imported product shall be taken into account for the
(9)     Safeguard measures should also be introduced for prod-           purposes of complying with that limit.
        ucts falling within CN codes 1806 10 30 and
        1806 10 90 in view of their high sugar content and the
        similar prejudicial effects on the COM in sugar as with
        unprocessed sugar. Those measures should ensure that                                          Article 2
        the quantities of sugar-based products imported from
        the OCT do not exceed a volume that could disturb the            1.     Import of the products referred to in Article 1 shall be
        COM in sugar, while at the same time guaranteeing                subject to the issue of an import licence.
        them a commercial outlet.
                                                                         2.     Articles 2 to 6 of Commission Regulation (EC) No 2553/
                                                                         97 (4) on rules for issuing import licences for certain products
(10)    The Commission reserves the right to propose to the              covered by CN codes 1701, 1702, 1703 and 1704 and quali-
        Council, as part of a review of the OCT Decision, that           fying as ACP/OCT originating products shall apply mutatis
        the rules allowing cumulation be deleted or that a               mutandis.
        quantity restriction at the lowest possible level be
        applied, taking account of the actual financial benfits to       However:
        the OCT, the objectives of the common agricultural
        policy and budgetary restraints.                                 — licences shall bear the serial number 53.0001,
                                                                         — licence applications may be for a maximum of 4 848
                                                                             tonnes,
(11)    The specific checks on imported goods covered by the             — Article 4(3) of Regulation (EC) No 2553/97 shall not apply;
        measures laid down by this Regulation and the checks             — applications shall be lodged with the competent authorities
        applicable in trade with third countries established under           during the first five working day of each month, with the
        the Community rules on release for free circulation and              exception of October 2000, when applications may be
        customs value laid down by Council Regulation (EEC)                  lodged by 15 October 2000 at the latest,
        No 2913/92 of 12 October 1992 establishing the
        Community Customs Code (2), as last amended by Regu-             — the single reducing coefficient shall be applied and the
        lation (EC) No 955/1999 of the European Parliament                   lodging of new applications supsended where the quantity
        and of the Council (3), should ensure compliance with                covered by applications for import licences exceeds 4 848
        the provisions laid down by this Regulation.                         tonnes during the period of application of this Regulation,
                                                                         — import licences shall expire on the final day of the third
                                                                             month following issue.
(12)    In order to guarantee proper management, avoid specu-
        lation and permit effective controls, the rules for the          3.     Applications for import licences shall be accompanied by
        lodging of licence applications should be specified. They        a copy of the export licence, issued in accordance with Article
        must include proof that the applicant normally carries           13 of Council Regulation (EC) No 2038/1999 (5) on the
        on business in the sugar sector, a declaration that no           common organisation of the markets in the sugar sector, for
        other applications have been lodged by that person and           the sugar in the products referred to in Article 1.
        proof that a special security has been lodged to ensure
        performance of the undertakings arising from the
        licences.
                                                                                                      Article 3
                                                                         This Regulation shall enter into force on the day of its publica-
(13)    In view of the impact of the imports, the safeguard              tion in the Official Journal of the European Communities.
        measures should be made to apply with immediate
        effect,
                                                                         It shall apply from 1 October 2000 to 28 February 2001.
( ) Not yet published.
 1
(2) OJ L 302, 19.10.1992, p. 1.                                          (4) OJ L 349, 19.12.1997, p. 26.
(3) OJ L 119, 7.5.1999, p. 1.                                            (5) OJ L 252, 25.9.1999, p. 1.
 ---pagebreak--- L 246/66  EN                     Official Journal of the European Communities                           30.9.2000
         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 29 September 2000.
                                                                        For the Commission
                                                                          Franz FISCHLER
                                                                    Member of the Commission