Commission Regulation (EC) No 891/2009Show full title

CHAPTER I GENERAL PROVISIONS

Article 1 Scope

This Regulation opens and provides for the administration of the tariff quotas set out in Parts I and II of Annex I for the imports of the sugar products referred to in:

(a)

Schedule CXL (European Communities) referred to in Article 1(1) of Regulation (EC) No 1095/96;

(b)

Article 4(4) of Regulation (EC) No 2007/2000;

(c)

Article 27(2) of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part;

(d)

Article 27(5) of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part;

(e)

Article 14(2) of the Interim agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Albania, of the other part;

(f)

Article 12(3) of the Interim agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part.

In addition, this Regulation provides for the administration of certain tariff quotas, as set out in Part III of Annex I, for imports of sugar products under:

(a)

Articles 186(a) and 187 of Regulation (EC) No 1234/2007;

(b)

Article 142 of Regulation (EC) No 1234/2007.

Article 2 Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a)

‘CXL concessions sugar’ means the sugar set out in Schedule CXL (European Communities) referred to in point (a) of the first subparagraph of Article 1;

(b)

‘Balkans sugar’ means sugar products falling within CN codes 1701 and 1702 originating in Albania, Bosnia and Herzegovina, Serbia, Kosovo(1), the former Yugoslav Republic of Macedonia or Croatia and imported into the Community under the Acts referred to in points (b) to (f) of the first paragraph of Article 1;

(c)

‘exceptional import sugar’ means the products of the sugar sector referred to in point (a) of the second paragraph of Article 1;

(d)

‘industrial import sugar’ means the products of the sugar sector referred to in point (b) of the second paragraph of Article 1;

(e)

‘tel quel weight’ means the weight of the sugar in the natural state;

(f)

‘refining’ means the processing of raw sugars into white sugars as defined in points 1 and 2 of Part II of Annex III to Regulation (EC) No 1234/2007, and any equivalent technical operation applied to bulk white sugar.

Article 3 Opening and administration

1. The tariff quotas shall be opened on an annual basis for the period from 1 October to 30 September.

The quantity of the products, the order number and the customs duty rate shall be as set in Annex I.

2. The tariff quota period shall be divided into subperiods of 1 month each. The quantities for the subperiods shall be as follows:

• 100 % for the first subperiod,

• 0 % for the remaining subperiods.

3. The tariff quotas shall be administered in accordance with the simultaneous examination method referred to in Chapter II of Regulation (EC) No 1301/2006.

Article 4 Applicability of Regulations (EC) No 1301/2006 and (EC) No 376/2008

Regulations (EC) No 1301/2006 and (EC) No 376/2008 shall apply, save as otherwise provided for in this Regulation.

Article 5 Import licence applications

1. Licence applications shall be submitted the first seven days of each subperiod referred to in Article 3(2).

2. The Commission shall suspend the submission of applications for licences until the end of the marketing year for the order numbers for which the available quantities are exhausted. However, the Commission shall withdraw the suspension and readmit applications when quantities become available again according to the notifications referred to in Article 9(2)(ii).

Article 6 Information to be filled in on the import licence applications and the import licences

The import licence applications and the import licences shall contain the following entries:

(a)

in box 8, the country of origin.

For CXL concession sugar with order numbers 09.4317, 09.4318, 09.4319 and 09.4321 and for Balkan sugar, the word ‘yes’ in box 8 shall be marked by a cross. Those licences shall give rise to an obligation to import from the specified country;

(b)

in box 16, a single eight digit CN code;

(c)

in boxes 17 and 18, the quantity in kilograms in tel quel weight;

(d)

in box 20:

(i)

either ‘sugar intended for refining’ or ‘sugar not intended for refining’; and

(ii)

one of the following entries:

• for CXL concession sugar, one of the entries listed in Part A of Annex III,

• for Balkan sugar, one of the entries listed in Part B of Annex III,

• for exceptional import sugar, one of the entries listed in Part C of Annex III,

• for industrial import sugar, one of the entries listed in Part D of Annex III,

(iii)

the marketing year to which they relate;

(e)

in box 24, the customs duty concerned.

Article 7 Obligations linked to the submission of an import licence application

1. By way of derogation from Article 5 of Regulation (EC) No 1301/2006, the submission of the proof provided for in that Article may not be required for operators approved in accordance with Article 7 of Regulation (EC) No 952/2006.

2. The amount of the security referred to in Article 14(2) of Regulation (EC) No 376/2008 shall be EUR 20 per tonne.

3. For CXL concession sugar with order numbers 09.4317, 09.4318, 09.4319 and 09.4320, import licence applications shall be accompanied by the undertaking by the applicant to refine the quantities of sugar in question before the end of the third month following that in which the import licence concerned expires.

4. For CXL concession sugar with order numbers 09.4317, 09.4318, 09.4319 and 09.4321 and for Balkan sugar, import licence applications shall be accompanied by the original of the export licences, in accordance with the model in Annex II, issued by the competent authorities of the third country concerned. The quantity mentioned in the import licence applications may not exceed the quantity shown on the export licences.

Article 8 Issuance and validity of import licences

Import licences shall be issued as of the 23rd and at the latest by the end of the month of submission of the applications.

They shall be valid until the end of the third month following that in which they are issued without exceeding 30 September, except for exceptional import sugar and industrial import sugar, which shall be valid until the end of the marketing year for which they are issued.

Article 9 Notifications to the Commission

1. Member States shall notify the Commission, at the latest on the 14th of the month of submission of the applications, of the total quantities covered by import license applications as referred to in Article 11(1)(a) of Regulation (EC) No 1301/2006.

2. By way of derogation from Article 11(1) of Regulation (EC) No 1301/2006, Member States shall notify the Commission at the latest on the 10th of each month of:

(i)

the quantities as referred to in Article 11(1)(b) of that Regulation and concerning licences issued during the preceding month;

(ii)

the quantities as referred to in Article 11(1)(c) of that Regulation and concerning licences returned during the preceding month.

3. The quantities referred to in paragraphs 1 and 2 shall be broken down by quota order number, the eight-digit CN code and whether or not they involve applications for a licence for sugar intended for refining. They shall be expressed in kilograms tel quel weight.

4. Member States shall notify the Commission before 1 March of each year of the following quantities concerning the previous marketing year:

(i)

the total quantity actually imported, broken down by order number, country of origin, the eight-digit CN code and expressed in kilograms tel quel weight;

(ii)

the quantity of sugar, by tel quel weight and in white sugar equivalent, that has actually been refined.

Article 10 Release for free circulation

Release for free circulation for the quotas of CXL concession sugar with order numbers 09.4317, 09.4318, 09.4319 and 09.4321 shall be subject to the presentation of a certificate of origin issued by the competent authorities of the third country concerned in accordance with Articles 55 to 65 of Regulation (EEC) No 2454/93.

For CXL concession sugar with order numbers 09.4317, 09.4318, 09.4319 and 09.4320, where the polarimetric reading of the imported raw sugar departs from 96 degrees, the rate of EUR 98 per tonne shall be increased or reduced, as appropriate, by 0,14 % per tenth of a degree difference established.

(1)

Under United Nations Security Council Resolution 1244/1999.