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

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
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 organization of  the markets in the sugar sector  (1), as last amended by Regulation (EC) No 1101/95  (2), and in  particular Article 37 (6) and the second subparagraph of Article 39 thereof,
Whereas Article 37 of Regulation (EEC) No 1785/81 provides that, during the 1995/96 to 2000/01  marketing years, in order to ensure adequate supplies to the 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; whereas, as a result, detailed rules of  application should be laid down where such agreements are concluded;
Whereas the quantities of special preferential sugar to be imported are laid down in accordance  with the aforementioned Article 37 on the basis of an annual Community balance; whereas, 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 Communtiy refineries to be met within the limits laid down by the aformentioned Article 37  and under the conditions laid down by the aforementioned agreements;
Whereas, as a result of the maximum refining needs fixed for each Member State and the resultant  necessity to enable the best possible controls to be undertaken on the distribution of the  quantities of raw sugar to be imported, it is desirable to provide that only refiners should be  entitled to be issued with the import licences in question, and that they should be able to  transfer them among themselves; whereas 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  penality payment laid down in Article 37 (4) of Regulation (EEC) No 1785/81 is payable;
Whereas, in order to ensure sound management of the import system and proper implementation  thereof, certain other special provisions should be laid down for import licences; whereas,  furthermore, in cases where the yield of the raw sugar in question differs from that of the  standard quality as defined in Council Regulation (EEC) No 431/68 of 9 April 1968 determining the  standard quality for raw sugar and fixing the Community frontier crossing point for calculating cif  prices for sugar  (3), as amended by Regulation (EC) No 3290/94  (4), provision should be made for  the special reduced rate of duty to be adjusted on the basis of that difference in accordance with  the rules applicable to raw sugar transactions on the world market;
Whereas unforseeable delays may arise between the loading of a quantity of special preferential raw  sugar and its delivery; whereas, as a result, a certain tolerance should be permitted to take  account of such delays; whereas it is also appropriate to provide for a certain tolerance as  regards the time taken for refining;
Whereas proof of the origin of imported raw sugar may be provided 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 (EEC) No 1714/88  (6);
Whereas, 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),  which also applies to those imports;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Sugar,