Commission Regulation (EC) No 2665/98 of 10 December 1998 amending Regulation (EEC) No 2782/76 laying down detailed implementing rules for the importation of preferential sugar

COMMISSION REGULATION (EC) No 2665/98 of 10 December 1998 amending Regulation (EEC) No 2782/76 laying down detailed implementing rules for the importation of preferential sugar
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 13 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 5 of Commission Regulation (EEC) No 2782/76 of 17 November 1976 laying down detailed implementing rules for the importation of preferential sugar (6), as last amended by Regulation (EEC) No 1714/88 (7), stipulates that a quantity which exceeds the relevant agreed quantity must be attributed by the Commission to the following delivery period; 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 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,