Commission Regulation (EC) No 2513/2001 of 20 December 2001 laying down detailed rules of application for the import of raw cane sugar for refining under preferential agreements on tariff quotas

Commission Regulation (EC) No 2513/2001
of 20 December 2001
laying down detailed rules of application for the import of raw cane sugar for refining under preferential agreements on tariff quotas
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), and in particular Article 39(6) and the second paragraph of Article 41 thereof,
Whereas:
(1) Article 39 of Regulation (EC) No 1260/2001 provides that, during the 2001/02 to 2005/06 marketing years, in order to ensure adequate supplies to Community refineries, a reduced rate of duty is to be levied on imports of raw cane sugar originating in the States with which the Community has concluded preferential supply agreements. At present such agreements have been concluded by Council Decision 2001/870/EC(2) with the ACP States party to Protocol 3 on ACP sugar attached to Annex V to the ACP-EC Partnership Agreement, and with the Republic of India. As a result, detailed rules of application should be laid down for the special rates of duty resulting from these agreements.
(2) The quantities of special preferential sugar to be imported are laid down in accordance with the above Article 39 on the basis of an annual Community balance. As a result, if such a balance shows the need to import raw sugar, a tariff quota at a reduced rate of duty should be opened for all or part of the marketing year in question, to enable the requirements of the Community refineries to be met within the limits laid down by the above Article 39 and under the conditions laid down by those agreements, in particular the special reduced rate of duty fixed at zero.
(3) For the purposes of this preferential system, in the event of part-delivery of raw sugar the quantity imported in white sugar equivalent may be determined only once that raw sugar has been analysed or refined. Application of Article 50 of Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products(3), as amended by Regulation (EC) No 2299/2001(4), would have an excessively heavy financial impact on operators. Therefore it does not appear justified not to grant the preferential rate to quantities imported within the limits of the tolerance. However, the cumulation of the quantities imported with such part-deliveries may not result in an overrun of the maximum requirements fixed for each Member State concerned. Provision should therefore be made for a derogation from Article 50 of Regulation (EC) No 1291/2000.
(4) As a result of the maximum refining requirements fixed for each Member State and the ensuing need to enable the best possible checks to be undertaken on the distribution of the quantities of raw sugar to be imported, only refiners should be entitled to be issued with the import licences in question, which they should be able to transfer among themselves. The issue of an import licence makes it obligatory to import and refine the quantity in question within the necessary time limits, failing which the penalty payment laid down in Article 39(4) of Regulation (EC) No 1260/2001 is due.
(5) Unforeseeable delays may arise between the loading of a quantity of special preferential raw sugar and its delivery. As a result, a certain tolerance should be permitted to take account of such delays. It is also appropriate to provide for a certain tolerance as regards the time taken for refining.
(6) The origin of imported raw sugar may be proved by presentation of the documents provided for to that end by Commission Regulation (EEC) No 2782/76 of 17 November 1976 laying down detailed implementing rules for the importation of preferential sugar(5), as last amended by Regulation (EC) No 2665/98(6).
(7) As a result of the special nature of the imports in question, provision should be made for certain derogations from Commission Regulation (EC) No 1464/95 of 27 June 1995 on special detailed rules for the application of the system of import and export licences in the sugar sector(7), as last amended by Regulation (EC) No 1148/98(8).
(8) Commission Regulation (EC) No 1916/95 of 2 August 1995 laying down detailed rules of application for the importation under preferential agreements on tariff quotas of raw cane sugar for refining(9), as amended by Regulation (EC) No 2664/98(10), should therefore be amended. In the interests of clarity and efficiency, it should be replaced by this Regulation.
(9) Since the agreements concluded by Decision 2001/870/EC cover the period from 1 July 2001 to 30 June 2006, this Regulation should apply retroactively from 1 July 2001.
(10) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,