Commission Regulation (EC) No 2664/98 of 10 December 1998 amending Regulation (EC) No 1916/95 laying down detailed rules of application for the importation under preferential agreements on tariff quotas of raw cane sugar for refining

COMMISSION REGULATION (EC) No 2664/98 of 10 December 1998 amending Regulation (EC) No 1916/95 laying down detailed rules of application for the importation under preferential agreements on tariff quotas of raw cane sugar for refining
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organisation of the markets in the sugar sector (1), as last amended by Commission Regulation (EC) No 1148/98 (2), and in particular Article 37(6) and the second subparagraph of Article 39 thereof,
Whereas Commission Regulation (EC) No 1033/98 (3) amends Article 45 of Regulation (EEC) No 3719/88 (4), as last amended by Regulation (EC) No 1044/98 (5), so that quantities imported in excess of the quantity shown on the import licence within the tolerance provided for in Article 8(4) of Regulation (EEC) No 3719/88 do not qualify under the preferential arrangements;
Whereas Article 37 of Regulation (EEC) No 1785/81 establishes the maximum presumed supply needs of the refining industry expressed as white sugar per marketing year for the 1995/96 to 2000/01 marketing years; whereas when partial deliveries of raw sugar are imported the white sugar equivalent cannot actually be determined until after the raw sugar has been analysed or refined; whereas application of Article 45 of Regulation (EEC) No 3719/88 would have a disproportionately severe financial impact on operators; whereas there therefore appears to be no justification for not allowing quantities imported within the tolerance to qualify for the preferential arrangements; whereas in any event the quantities qualifying for preferential conditions in any one delivery year may not exceed the above maximum needs allocated to each refining Member State; whereas a derogation should therefore be granted from Article 45 of Regulation (EEC) No 3719/88;
Whereas imports carried out in the same marketing year should be subject to the same rules for reasons of equality of treatment; whereas the derogation should therefore be applied with effect from the date of entry into force of Regulation (EC) No 1033/98;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,