COMMISSION REGULATION  (EC) No 1915/95 of 2 August 1995 laying down transitional measures for imports of special  preferential 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 Articles 14 (2), 37 (6) and 48 thereof,
Whereas Article 37 of Regulation (EEC) No 1785/81 stipulates that during the 1995/96 to 2000/01  marketing years, a reduced rate of duty, referred to as 'special duty`, is to be levied on imports  of raw cane sugar originating in particular in the ACP States and in India and referred to as  'special preferential sugar`, for supply to Community refineries pursuant to agreements with those  and other States and on the conditions laid down therein; whereas such agreements are being  concluded with effect on 1 July 1995; whereas the procedures for the conclusion of such agreements  mean that they cannot be implemented in time to ensure regular supplies to Community refineries in  Portugal from that date;
Whereas stocks of raw sugar in those refineries and Community stocks of raw sugar available for  refining are not sufficient to ensure supplies in the coming weeks and whereas there is a serious  risk that stocks may run out, which could lead to the temporary closure of the said refineries;  whereas, therefore, in order to ensure such supplies in the interim and by the same token to permit  the changeover from the former to the new import arrangements to be introduced under the  abovementioned agreements, the necessary transitional measures should be adopted;
Whereas the transitional measures to be adopted should be based on the essential provisions of the  abovementioned agreements, namely the same reduced rate of import duty and the same minimum  purchase price, expressed in ecus (A), to be paid by the refiners; whereas the quantity to be  imported at the reduced rate of duty should also be determined taking into account refining  requirements for the first quarter of the 1995/96 marketing year; whereas, in view of traditional  patterns of trade, existing contracts and the need for the raw sugar to be supplied as quickly as  possible, it is necessary to make transitional arrangements for the raw sugar to be imported from  the ACP States Contracting Parties to the Fourth Lomé Convention;
Whereas, in order to facilitate the utilization of existing stocks in Finland and Portugal for  refining after 30 June, provision should be made for such stocks to continue to qualify after  refining for the adjustment aid applicable to raw sugar imported into those Member States for  refining during the 1994/95 marketing year; whereas, in order to ensure equal treatment, a similar  provision must also be adopted for stocks of raw sugar produced in the French overseas departments  and qualifying for refining aid in 1994/95 pursuant to Council Regulation (EEC) No 2225/86  (3), as  amended by Commission Regulation (EEC) No 2750/86  (4), Commission Regulations (EC) No 1459/94   (5), (EC) No 1543/94  (6) and (EC) No 359/95  (7);
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Sugar,
1.  Portugal is hereby authorized to import up to 70  000 tonnes of  raw cane sugar expressed as white sugar from the ACP States Contracting Parties to the Fourth Lomé  Convention, subject to the duty laid down in paragraph  2.
2.  The import duty on the quantity laid down in paragraph 1 shall be ECU 6,9 per 100 kilograms raw  sugar of the standard quality defined in Article 1 of Council Regulation (EC) No 431/68  (8).
3.  Without prejudice to Article 7 of Commission Regulation (EEC) No 1916/95  (1), the minimum  purchase price to be paid by refiners for the quantity laid down in paragraph 1 shall be ECU 51,17  per 100 kilograms raw sugar of the standard quality referred to in paragraph  2.
The detailed implementing rules laid down in Regulation (EC) No 1916/95 on special  imports shall supply to raw sugar imported under this Regulation.
1.  In accordance with the second subparagraph of Article 9 (4) (c) of Regulation (EEC)  No 1785/81, the adjustment aid fixed for the 1994/95 marketing year shall continue to apply,  pursuant to Commission Decision 95/46/EC  (2) and Article 3 (3) of Commission Regulation (EC) No  3300/94  (3), to raw sugar imported during the 1994/95 marketing year from third countries for  refining in Portugal and Finland respectively which is still in stock on 30 June 1995 in those  Member States and which is refined during the period 1 July to 30 Sepember 1995.
The quantities of sugar thus refined shall count against the quantities determined in the  abovementioned Decision and Regulation.
2.  The aid for refining provided for in Article 3 of Regulation (EEC) No 2225/86 and the  additional aid provided for in Article 1 of Regulation (EC) No 1543/94 in force for the 1994/95  marketing year shall continue to apply to raw sugar produced in the French overseas departments up  to the quantities laid down in the Annex to Regulation (EC) No 359/95 which is still in stock in  the Community on 30 June 1995 and which is refined during the period 1 July to 30 September 1995.
The quantities of sugar thus refined shall count against the quantities respectively determined by  Regulations (EC) No 1459/94 and (EC) No 359/95.
This Regulation shall enter into force on the day following its publication in the  Official Journal of the European Communities.
It shall apply from 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.