CELEX: C2003/158/03
Language: en
Date: 2003-07-05 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 15 May 2003 in Case C-282/00 (Reference for a preliminary ruling from the Tribunal Judicial da Comarca de Ponta Delgada): Refinarias de Açúcar Reunidas SA (RAR) v Sociedade de Indústrias Agricolas Açoreanas SA (Sinaga) (Sugar — Decision 91/315/EEC — Poseima Programme — Specific measures in favour of the Azores and Madeira — Regulation (EEC) No 1600/92 — Shipment to the rest of the Community of white sugar produced in the Azores from sugarbeet harvested there or from raw beet sugar imported exempt from levies and/or customs duties — Meaning of "processing of products" — Meaning of "traditional shipment to the rest of the Community")

5.7.2003                  EN                         Official Journal of the European Union                                               C 158/3
                  JUDGMENT OF THE COURT                                      3.    Community law does not preclude the shipment to mainland
                                                                                   Portugal of white sugar produced in the Azores from sugarbeet
                                                                                   harvested in the Azores and which receives the Community aid
                            (Fifth Chamber)
                                                                                   provided for in Article 25 of Regulation No 1600/92 up to a
                                                                                   limit of 10 000 tonnes of production per year.
                            of 15 May 2003
                                                                             4.    Community law does not preclude the shipment to mainland
in Case C-282/00 (Reference for a preliminary ruling from                          Portugal of white sugar produced in the Azores from raw beet
the Tribunal Judicial da Comarca de Ponta Delgada):                                sugar imported under the specific supply arrangements provided
Refinarias de Açúcar Reunidas SA (RAR) v Sociedade de                              for under Title I of Regulation No 1600/92, provided that it
        Indústrias Agricolas Açoreanas SA (Sinaga) (1)                             corresponds to traditional shipments within the meaning of the
                                                                                   second paragraph of Article 8 of that regulation.
(Sugar — Decision 91/315/EEC — Poseima Programme —
Specific measures in favour of the Azores and Madeira —                      (1 ) OJ C 247 of 26.8.2000.
Regulation (EEC) No 1600/92 — Shipment to the rest of the
Community of white sugar produced in the Azores from
sugarbeet harvested there or from raw beet sugar imported
exempt from levies and/or customs duties — Meaning of
‘processing of products’ — Meaning of ‘traditional shipment
                  to the rest of the Community’)
                            (2003/C 158/03)                                                   JUDGMENT OF THE COURT
                   (Language of the case: Portuguese)                                                   of 13 May 2003
(Provisional translation; the definitive translation will be published       in Case C-463/00: Commission of the European Communi-
                     in the European Court Reports)                                             ties v Kingdom of Spain (1)
                                                                             (Failure by a Member State to fulfil its obligations —
In Case C-282/00: Reference to the Court under Article 234                   Articles 43 EC and 56 EC — System of administrative
                                                                                       approval relating to privatised undertakings)
EC by the Tribunal Judicial da Comarca de Ponta Delgada
(Portugal) for a preliminary ruling in the proceedings pending
before that court between Refinarias de Açúcar Reunidas SA                                              (2003/C 158/04)
(RAR) and Sociedade de Indústrias Agricolas Açoreanas SA
(Sinaga), on the interpretation of Council Regulation (EEC)
No 1600/92 of 15 June 1992 concerning specific measures                                         (Language of the case: Spanish)
for the Azores and Madeira relating to certain agricultural
products (OJ 1992 L 173, p. 1), the Court (Fifth Chamber),
                                                                             (Provisional translation; the definitive translation will be published
composed of: M. Wathelet, President of the Chamber,                                              in the European Court Reports)
C.W.A. Timmermans, D.A.O. Edward, P. Jann and S. von Bahr
(Rapporteur), Judges; J. Mischo, Advocate General; H.A. Rühl,
Principal Administrator, for the Registrar, has given a judgment
on 15 May 2003, in which it has ruled:
                                                                             In Case C-463/00, Commission of the European Communities
                                                                             (Agents: M. Patakia and M. Desantes, and, subsequently,
1.    The refining of raw beet sugar into white sugar must be                M. Patakia and G. Valero Jordana) v Kingdom of Spain (Agent:
      considered to be the processing of a product within the meaning        N. Díaz Abad), supported by United Kingdom of Great Britain
      of the second paragraph of Article 8 of Council Regulation             and Northern Ireland (Agent: R. Magrill, assisted by D. Wyatt,
      (EEC) No 1600/92 of 15 June 1992 concerning specific                   QC, and J. Crow, barrister): Application for a declaration that
      measures for the Azores and Madeira relating to certain                the provisions of Article 2 and Article 3(1) and (2), together
      agricultural products.                                                 with Article 1, of Ley 5/1995 de régimen jurídico de enajena-
                                                                             ción de participaciones públicas en determinadas empresas
2.    Shipments which, at the time of the entry into force of                (Law 5/1995 of 23 March 1995 on the legal arrangements for
      Regulation No 1600/92 on 1 July 1992, were ongoing,                    disposal of public shareholdings in certain undertakings (BOE
      regular and significant are traditional shipments to the rest of       No 72 of 25 March 1995, p. 9366) and the implementing
      the Community within the meaning of the second paragraph of            royal decrees enacted under Article 4 of Law 5/1995 (Royal
      Article 8 of Regulation No 1600/92. It is for the referring            Decree No 3/1996 of 15 January 1996 concerning Repsol SA
      court to assess whether that was the case for the shipments of         (BOE No 14 of 16 January 1996, p. 1133), Royal Decree No 8/
      sugar from the Azores to mainland Portugal and to Madeira              1997 of 10 January 1997 concerning Telefónica de España SA
      between 1907 and 1992 referred to in the table set out in the          and Telefónica Servicios Móviles SA (BOE No 10 of 11 January
      order for reference.                                                   1997, p. 907), Royal Decree No 40/1998 of 16 January 1998