3.8.2004 EN Official Journal of the European Union L 256/11
COMMISSION REGULATION (EC) No 1409/2004
of 2 August 2004
amending Regulation (EC) No 1159/2003 laying down detailed rules of application for the 2003/04, 2004/05 and 2005/06 marketing years for the import of cane sugar under certain tariff quotas and preferential agreements and amending Regulations (EC) No 1464/95 and (EC) No 779/96
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 Articles 22(2), 26(1), 38(6), 39(6), and the second paragraph of Article 41 thereof,
Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV.6 negotiations (2), and in particular Article 1 thereof,
Whereas:
(1) The experience gained in the initial months of applying Commission Regulation (EC) No 1159/2003 (3) suggests that improvements should be made to the common management rules laid down by that Regulation.
(2) In order to ensure compliance under better conditions with the requirements of Protocol 3 on ACP (African, Caribbean and Pacific States) sugar attached to Annex V to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000 (4) and the Agreement between the European Economic Community and the Republic of India on cane sugar (5), the provisions on the rate of the security linked to the licences and on the starting date of the delivery period must be amended.
(3) In order to manage effectively imports under the quotas or agreements in question, a mechanism must be introduced to encourage operators to return unused licences to the issuer quickly, so that unused quantities can be reutilised.
(4) Provision must also be made for weekly measures that enable the Commission to compile data on the licences issued and to inform the Member States and operators concerned of the situation regarding each quota and delivery obligation.
(5) Regulation (EC) No 1159/2003 should therefore be amended.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
Regulation (EC) No 1159/2003 is hereby amended as follows:
1. in Article 2 the following point (k) is added:
‘(k) “working day”, a working day at the Commission’;
2. Article 4 is amended as follows:
(a) paragraph 2 is replaced by the following:
— 0,30 EUR for special preferential sugar and CXL concessions sugar,
— 2 EUR for preferential ACP-India sugar.’;
(b) in paragraph 3, the second subparagraph is replaced by the following:
(c) the following paragraphs 5 and 6 are added:
(a) if the licence is returned to the issuing body in the first 60 days of its validity, the security forfeit shall be reduced by 50 %;
(b) if the licence is returned to the issuing body between the 61st day of its validity and the 15th day following the end of its validity, the security forfeit shall be reduced by 25 %.
3. Article 5 is replaced by the following:
4. Article 7(1)(a) is deleted.
This Regulation shall enter into force on the third day following that of 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.