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TITLE III SPECIFIC SECTORAL RULES

CHAPTER 3 Sugar

Article 30Tariff quotas

In accordance with the concessions made in the framework of the World Trade Organisation approved by Decision 94/800/EC and Regulation (EC) No 1095/96, tariff quotas are open for imports into the Union of sugar, subject to the conditions laid down in this Regulation.

In accordance with the Stabilisation and Association Agreement between the European Communities and their Member States and the former Yugoslav Republic of Macedonia, approved by Council and Commission Decision 2004/239/EC, Euratom(1), tariff quotas are open for imports into the Union of sugar, subject to the conditions laid down in this Regulation.

In accordance with the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States and the Republic of Albania to take account of the accession of the Republic of Bulgaria and Romania to the European Union, approved by Council Decision 2009/330/EC(2), tariff quotas are open for imports into the Union of sugar, subject to the conditions laid down in this Regulation.

In accordance with the Stabilisation and Association Agreement between the European Communities and their Member States and the Republic of Serbia, approved by Council and Commission Decision 2013/490/EU, Euratom(3), tariff quotas are open for imports into the Union of sugar, subject to the conditions laid down in this Regulation.

In accordance with the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States and Bosnia and Herzegovina to take account of the accession of the Republic of Croatia to the European Union, approved by Council Decision (EU) 2017/75(4), tariff quotas are open for imports into the Union of sugar, subject to the conditions laid down in this Regulation.

Sugar tariff quotas and their specific conditions are laid down in Annex IV to this Regulation.

Article 31Definitions

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

(1)

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

(2)

‘refining’ means the processing of raw sugars into white sugars as defined in points 1 and 2 of Section A of Part II of Annex II to Regulation (EU) No 1308/2013, and any equivalent technical operation applied to bulk white sugar.

Article 32Licence validity

By way of derogation from Article 13, the import licence shall be valid until the end of the third month following the month in which it was issued. It shall in any case expire at the latest on 30 September.

Article 33Notifications

Before 1 May of each year Member States shall notify the Commission of the total quantity of sugar actually imported, broken down by order number, country of origin, the eight-digit CN code and expressed in kilograms tel quel weight.

Article 34Obligations linked to the WTO sugar tariff quotas

(1)For sugar tariff quotas with order numbers 09.4317, 09.4318, 09.4319, 09.4320, 09.4329 and 09.4330, all of the following requirements shall apply:

(a)release for free circulation in the Union shall be subject to the end-use procedure for refining referred to in Article 210 of Regulation (EU) No 952/2013;

(b)by way of derogation from Article 239 of Commission Delegated Regulation (EU) 2015/2446(5), the obligation to refine shall not be transferred to another legal or natural person;

(c)refining shall take place within a period of 180 days from the release of the sugar for free circulation in the Union;

(d)where the polarimetric reading of the imported raw sugar departs from 96 degrees, the corresponding amount of import duty shall be increased or reduced, as appropriate, by 0,14 % per tenth of a degree of the difference established;

(e)‘sugar intended for refining’ shall be entered in Section 20 of the application form and of the licence.

(2)For the sugar tariff quotas with order numbers 09.4317, 09.4318, 09.4319, 09.4320, 09.4321, 09.4329 and 09.4330, one of the entries listed in Annex XIV.3 Part A of this Regulation shall be indicated in Section 20 of the application form and licence.

Article 35Sugar tariff quotas under order numbers 09.4324, 09.4325, 09.4326 and 09.4327

For the sugar tariff quotas under order numbers 09.4324, 09.4325, 09.4326 and 09.4327, the following shall apply:

(1)

import licence applications shall be accompanied by the original of the export licence, drawn up in accordance with the model referred to in Annex XIV.3 Part C issued by the competent authorities of the third country concerned. The quantity stated in the import licence applications shall not exceed the quantity indicated on the export licence;

(2)

one of the entries listed in Annex XIV.3 Part B shall be indicated in Section 20 of the application form and of the licence.

(1)

Council and Commission Decision 2004/239/EC, Euratom of 23 February 2004 concerning the conclusion 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 (OJ L 84, 20.3.2004, p. 1).

(2)

Council Decision 2009/330/EC of 15 September 2008 on the signing of a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (OJ L 107, 28.4.2009, p. 1).

(3)

Council and Commission Decision 2013/490/EU, Euratom of 22 July 2013 on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part (OJ L 278, 18.10.2013, p. 14).

(4)

Council Decision (EU) 2017/75 of 21 November 2016 on the signing, on behalf of the Union and its Member States, and provisional application of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union (OJ L 12, 17.1.2017, p. 1).

(5)

Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1).