11.5.2007 EN Official Journal of the European Union L 122/1
COUNCIL REGULATION (EC) No 508/2007
of 7 May 2007
opening tariff quotas for imports into Bulgaria and Romania of raw cane sugar for supply to refineries in the marketing years 2006/2007, 2007/2008 and 2008/2009
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 37(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Whereas:
(1) Article 29(1) of Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1) fixes the traditional supply need for sugar for refining for the Community. This provision has been amended by Council Regulation (EC) No 2011/2006 of 19 December 2006 adapting Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, Regulation (EC) No 318/2006 on the common organisation of the markets in the sugar sector and Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community, by reason of the accession of Bulgaria and Romania to the European Union (2), in order to provide for the distribution during the marketing years 2006/2007, 2007/2008 and 2008/2009 of a traditional supply need of 198 748 tonnes for Bulgaria and 329 636 tonnes for Romania.
(2) The full-time refiners in Bulgaria and Romania rely to a large extent on imports of raw cane sugar from traditional suppliers in certain third countries.
(3) In order to avoid disruption of the supply of raw cane sugar for full-time refiners in Bulgaria and Romania, it is considered necessary to open tariff quotas for imports of such sugar into those Member States from third countries for a period covering those marketing years for which traditional supply needs have been distributed among Member States.
(4) Import licences issued under the tariff quotas opened by this Regulation should be reserved for approved full-time refiners in Bulgaria and Romania.
(5) The amount of the import duty applicable to imports under the tariff quotas opened by this Regulation should be fixed at a level which ensures fair competition in the Community sugar market, but which is not prohibitive for imports into Bulgaria and Romania. Taking into account that imports under these tariff quotas could be carried out from any third country it is therefore appropriate to fix the level of import duty at EUR 98 per tonne, which is the same level as fixed for CXL concessions sugar under Article 24 of Commission Regulation (EC) No 950/2006 of 28 June 2006 laying down detailed rules of application for the 2006/2007, 2007/2008 and 2008/2009 marketing years for the import and refining of sugar products under certain tariff quotas and preferential agreements (3).
(6) The monitoring and management of the tariff quotas opened by this Regulation may require at a later stage the adjustment of the criteria laid down for the content of import licence applications and import licences. In order to ensure that the necessary adjustments can be made in order to take account of changing market conditions, the Commission should be empowered to amend Article 3(3) of this Regulation,
(7) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4),
Opening of tariff quotas for the import of raw cane sugar for refining
1.   For the marketing year 2006/2007, tariff quotas for a total of 396 288 tonnes in white sugar equivalent for the import from any third country of raw cane sugar for refining falling within CN code 1701 11 10 shall be opened at a duty of EUR 98 per tonne.
The quantity to be imported shall be distributed as follows:
— Bulgaria: 149 061 tonnes,
— Romania: 247 227 tonnes.
2.   For each of the marketing years 2007/2008 and 2008/2009, tariff quotas for a total of 528 384 tonnes in white sugar equivalent for the import from any third country of raw cane sugar for refining falling within CN code 1701 11 10 shall be opened at a duty of EUR 98 per tonne.
The quantities to be imported shall for each marketing year be distributed as follows:
— Bulgaria: 198 748 tonnes,
— Romania: 329 636 tonnes.
3.   The duty of EUR 98 per tonne provided for in paragraphs 1 and 2 shall apply to standard quality raw sugar as defined in Annex I, point III, to Regulation (EC) No 318/2006.
Where the polarimetric reading of the imported raw sugar departs from 96 degrees, the duty of EUR 98 per tonne shall be increased or reduced, as appropriate, by 0,14 % per tenth of a degree difference established.
4.   Quantities imported under the tariff quotas provided for in paragraphs 1 and 2 shall bear the order numbers shown in Annex I.
Application of Regulation (EC) No 950/2006
The rules on import licences and traditional supply needs laid down in Regulation (EC) No 950/2006 shall apply to the imports of sugar under the tariff quotas opened by this Regulation, save as otherwise provided for in Article 3 of this Regulation.
Import licences
1.   Import licence applications for the quantities referred to in Article 1 shall be submitted to the competent authorities of Bulgaria and Romania as appropriate.
2.   Import licence applications may be submitted only by full-time refiners which are established on the territory of Bulgaria and Romania and which are approved in accordance with Article 17 of Regulation (EC) No 318/2006.
3.   Import licence applications and licences shall contain the following entries:
(a) in boxes 17 and 18: the quantities of raw sugar, in white sugar equivalent, which may not exceed the quantities for Bulgaria and Romania respectively indicated in Article 1(1) and (2);
(b) in box 20: the marketing year to which they relate and at least one of the entries listed in part A of Annex II;
(c) in box 24 (in the case of licences): at least one of the entries listed in part B of Annex II.
4.   Import licences issued under this Regulation shall be valid only for imports into the Member State in which they are issued.
They shall be valid until the end of the marketing year for which they are issued.
5.   In accordance with the procedure referred to in Article 4(2), the Commission may, if necessary, amend the provisions of paragraph 3 of this Article.
Management Committee for Sugar
1.   The Commission shall be assisted by the Management Committee for Sugar.
2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
3.   The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
Entry into force
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.