Commission Regulation (EC) No 1476/2001 of 18 July 2001 amending Regulation (EC) No 1325/2001 as regards safeguard measures with regard to imports from the overseas countries and territories of mixtures of sugar and cocoa with ACP/OCT originating status for the period 1 July to 1 December 2001

Commission Regulation (EC) No 1476/2001
of 18 July 2001
amending Regulation (EC) No 1325/2001 as regards safeguard measures with regard to imports from the overseas countries and territories of mixtures of sugar and cocoa with ACP/OCT originating status for the period 1 July to 1 December 2001
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Community(1), as last amended by Decision 2000/161/EC(2), and in particular Article 109 thereof,
After consulting the Committee set up in accordance with Article 1(2) of Annex IV to that Decision,
Whereas:
(1) Commission Regulation (EC) No 1325/2001 of 29 June 2001 providing for the continued application of safeguard measures with regard to imports of sugar-sector products with EC/OCT originating status from the overseas countries and territories for the period 1 July to 1 December 2001(3) limits such imports during its period of applicability. However, since safeguard measures were introduced with regard to products with EC/OCT originating status, mixtures of sugar and cocoa with ACP/OCT originating status have started to be imported, which is a new development.
(2) Such imports are just as damaging to the sugar sector as imports of the products concerned with EC/OCT originating status. Cumulation of ACP/OCT originating status should accordingly be limited in the case of products covered by CN codes 1806 10 30 and 1806 10 90 for the period to 1 December 2001.
(3) Article 100 of Decision 91/482/EEC states that the object of the Decision is to promote trade between the OCT and the Community, taking account of their respective levels of development. In accordance with Article 109(2) of that Decision, priority must be given to such measures as least disturb the functioning of the association and the Community. Such measures must not exceed the limits of what is strictly necessary to remedy the difficulties that have arisen.
(4) For the purposes of introducing these safeguard measures, the Commission has based itself on the quantities of mixtures of sugar and cocoa imported in the first five months of 2001, with an eye to preventing any increase in the quantity currently imported and to allowing operators to adjust to the limits on quantities. The reference figures used as a basis for adopting the safeguard measures with regard to those products and to sugar with EC/OCT originating status also include any quantities of mixtures of sugar and cocoa with ACP/OCT originating status. Should the risk of disturbance continue after the end of the period of application of this Regulation and should the Council not adopt the new decision on the association of the OCT with the Community, the figures for imports from the OCT used as a basis for the safeguard measures with regard to products with EC/OCT originating status could also be considered with a view to any continued application of the safeguard measures provided for herein.
(5) This measure should ensure that imported sugar-based products originating in the OCT do not exceed a quantity that could disturb the COM for sugar, while at the same time guaranteeing them a commercial outlet.
(6) In this respect, the Commission points out that it made a proposal to the Council, in connection with the review of Decision 91/482/EEC, to abolish the rules allowing cumulation of originating status for sugar and mixtures of sugar and cocoa covered by CN codes 1806 10 30 and 1806 10 90.
(7) In order to ensure proper management, avoid speculation and permit effective checks of products covered by CN codes 1701, 1806 10 30 and 1806 10 90, detailed rules should be laid down on the submission of licence applications and on the issuing and utilisation of the licences.
(8) In view of the impact of the imports, the safeguard measures should apply with immediate effect,