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Laying Down Detailed Rules of Application for the 20062007 20072008 and 20082009 Marketing Years for the Import and Refining of Sugar Products Under Certain Tariff Quotas and Preferential Agreements Regulation
Article 1: This Regulation lays down detailed rules of application for the 2006/2007, 2007/2008 and 2008/2009 marketing years for imports of the sugar products referred to in:
Article 2: For the purposes of this Regulation:
Article 3: Imports under the provisions referred to in Article 1 shall be subject to the presentation of an import licence issued in accordance with Regulations (EC) No 1291/2000 and (EC) No 951/2006, unless otherwise provided for in this Regulation.
Article 4: Import licence applications shall be submitted by the parties concerned to the competent authorities of the Member States.
Applicants shall submit their licence applications to the competent authorities of the Member State in which they are registered for VAT purposes.
Applicants may submit one import licence application only per weekly period and per serial number. Where, in a given week, applicants submit more than one application for a serial number, all their applications in that week for that serial number shall be rejected and the securities lodged when the applications were submitted shall be taken over by the Member State concerned.
For ACP/India sugar, the first period for submission of applications for import licences shall start on the Monday before 10 June of the previous delivery period. However, where the limit on the quantity that must be delivered in a given delivery period is reached in relation to one of the exporting countries, the first period for submission of import licence applications for the subsequent delivery period in relation to that country shall start on the Monday before 6 May.
Article 5: Member States shall notify the Commission, no later than the first working day of each week, of the quantities of white sugar or raw sugar, where necessary expressed as white sugar equivalent, for which import licence applications, after the application, where necessary, of the acceptance coefficient provided for in Article 10(2), have been submitted during the preceding week.
The quantities applied for shall be broken down by eight-digit CN code and shall state the marketing year or delivery period concerned, the quantities for each country of origin and whether they involve applications for a licence for sugar for refining or for sugar not intended for refining. The Member States shall also inform the Commission if no applications for import licences have been submitted.
The Commission shall also inform the Member States that, as the limit concerned has been reached, applications for licences are no longer admissible for the delivery obligation or the tariff quota in question.
If the overrun on the delivery obligation for ACP/India sugar for a country concerned is 5 % or less of its delivery obligation and 5 000 tonnes or less, the allocation coefficient for that country shall be 100 %.
Article 6: Licences shall be issued on the third working day following the notification referred to in Article 5(1). For the quantities to be issued, the Member States shall take account of the allocation coefficient fixed, where appropriate, within this period by the Commission in accordance with Article 5(3).
Article 7: Each Member State shall keep a record of the quantities of white sugar and raw sugar actually imported under the import licences referred to in Article 6(1), where necessary converting the quantities of raw sugar into white sugar equivalent on the basis of the degree of polarisation indicated, applying the method defined in point III.3 of Annex I to Regulation (EC) No 318/2006.
Article 8: Member States shall communicate to the Commission separately for each tariff quota or delivery obligation and for each country of origin:
Article 9: The communications referred to in Articles 5(1), 6(3) and (6), and 8 shall be transmitted electronically in accordance with forms made available to the Member States by the Commission.
Article 10: Notwithstanding Article 4(1), and within the limits of the quantities per Member State for which import licences for sugar for refining may be issued within the framework of the traditional supply needs referred to in Article 29(1) and (2) of Regulation (EC) No 318/2006, applications for import licences to the competent authority in the Member State concerned for sugar for refining may be submitted only by:
Without prejudice to paragraph 3 of this Article and to Article 5(3) of this Regulation, where, in a Member State, applications for import licences for sugar for refining for a marketing year, with the exception of applications without reduction of the full rate of duty applicable to import, are equal to or greater than the limit referred to in paragraph 1 of this Article, Member States shall inform the Commission that they have reached the limit of their traditional supply needs for import and, where appropriate, shall fix an allocation coefficient in proportion to the quantity available to apply to each licence application for sugar for refining for the current week.
From the date of the notification referred to in the first subparagraph until the end of the marketing year concerned, any party may apply for licences for sugar for refining except for ACP/India sugar in the delivery period starting during that marketing year. In this case, applications for import licences for ACP/India sugar for refining shall be submitted in accordance with paragraph 1(a) and shall be recorded under the traditional supply needs for the following marketing year.
Article 11: Each holder of an import licence for sugar for refining shall, within six months following the expiry of the import licence concerned, provide the Member State which issued it with proof acceptable to it that refining has taken place. Where the sugar is not refined within the period set in Article 4(4)(b), the applicant shall pay, before 1 June following the marketing year concerned, an amount equal to EUR 500 per tonne for the quantities of sugar not refined except in cases of force majeure or for exceptional technical reasons. force majeure
Article 12: The quantities of the delivery obligations for each exporting country concerned shall be determined in accordance with the procedure referred to in Article 39(2) of Regulation (EC) No 318/2006, in accordance with Articles 3 and 7 of the ACP Protocol, Articles 3 and 7 of the Agreement with India, and Articles 14 and 15 of this Regulation.
Article 13: The formal date of delivery of a consignment of ACP/India sugar shall be the date of presentation to customs of the consignment referred to in Article 40 of Council Regulation (EEC) No 2913/92 ( 14 ) .
Proof of the formal date of delivery shall be furnished by presenting the copy of the supplementary document referred to in Article 17(1) or Article 18(2) of this Regulation, as appropriate.
Article 14: Where a quantity of ACP/India sugar covering all or part of the delivery obligations is delivered after the expiry of the relevant delivery period, the delivery shall nevertheless be counted against that period if the quantity concerned was loaded at the exporting port in good time, taking into account the normal duration of transport.
The normal duration of transport shall be the number of days obtained by dividing by 480 the distance in nautical miles of the normal route separating the two ports in question.
Article 15: Where, for a given exporting country, the total quantity of ACP/India sugar counted against a given delivery period is less than the delivery obligations, the provisions of Article 7 of the ACP Protocol or Article 7 of the Agreement with India shall apply.
Article 16: Import licence applications and licences shall contain the following entries:
Article 17: With the proof of origin referred to in Article 14 of Protocol 1 attached to Annex V to the ACP-EC Partnership Agreement, a supplementary document shall be presented to the customs authorities upon import, bearing:
Article 18: For the purposes of this Chapter, sugar for which the origin is determined in accordance with the provisions in force in the Community and for which proof of origin is furnished in the form of a certificate of origin issued in accordance with Article 47 of Regulation (EEC) No 2454/93 shall be considered as originating in India.
Article 19: The shortfall quantities referred to in Article 29(4) of Regulation (EC) No 318/2006 shall be determined in accordance with the procedure referred to in Article 39(2) of that Regulation for each marketing year or part of a marketing year on the basis of an exhaustive Community forecast supply balance for raw sugar. These quantities shall be imported as complementary sugar.
For the purposes of determining those quantities, the quantities of sugar from the French overseas departments and of preferential sugar for direct consumption to be taken into account in each supply balance shall be evaluated each year on the basis of data sent by the Member States to the Commission for previous marketing years.
Article 20: A minimum purchase price for standard-quality raw sugar (cif free at European ports of the Community), to be paid by refiners, shall apply to imports falling under the quantities referred to in Article 19.
Article 21: Import licence applications and licences shall contain the following entries:
Article 22: With the proof of origin referred to in Article 14 of Protocol 1 attached to Annex V to the ACP-EC Partnership Agreement, a supplementary document shall be presented upon import to the customs authorities, bearing:
Article 23: For the purposes of this Chapter, complementary sugar for which the origin is determined in accordance with the provisions in force in the Community and for which proof of origin is furnished in the form of a certificate of origin issued in accordance with Article 47 of Regulation (EEC) No 2454/93 shall be considered as originating in India.
Article 24: For each marketing year, tariff quotas for a total of 96 801 tonnes of raw cane sugar for refining, falling within CN code 1701 11 10, shall be opened as CXL concessions sugar at a duty of EUR 98 per tonne.
However, for the 2006/2007 marketing year the quantity shall be 126 671 tonnes of raw cane sugar.
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.
Article 25: Import licence applications and licences shall contain the following entries:
Article 26: For the purposes of this Chapter, all CXL concessions sugar for which the origin is determined in accordance with the provisions in force in the Community and for which proof of origin is furnished in the form of a certificate of origin issued in accordance with Article 47 of Regulation (EEC) No 2454/93 shall be considered as originating in Australia, Cuba or Brazil.
Article 27: In the case of the quantities for Cuba indicated in Article 24(2) and of a quantity of 23 930 tonnes originating in Brazil, if import licences have not been issued before 1 July of the current marketing year, the Commission may decide, taking into account the delivery programmes, that the licences may be allocated, within the limit of those quantities, to the other third countries referred to in that Article.
Article 28: For each marketing year, duty-free tariff quotas for a total of 200 000 tonnes of sugar products falling within CN codes 1701 and 1702 shall be opened as Balkans sugar.
However, for the 2006/2007 marketing year the quantity shall be 246 500 tonnes of sugar products falling with CN codes 1701 and 1702.
Article 29: Import licence applications and licences shall contain the following entries:
Article 30: The quantities of exceptional import sugar and/or industrial import sugar for which application of all or part of the import duties is to be suspended shall be determined in accordance with the procedure referred to in Article 39(2) of Regulation (EC) No 318/2006, for each marketing year or part of a marketing year.
Article 31: Import licence applications and licences shall contain the following entries:
Article 32: Regulation (EC) No 1004/2005 is hereby repealed with effect from 1 July 2006.
Regulation (EC) No 2151/2005 is hereby repealed with effect from 1 January 2007.
Article 33: This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union . Official Journal of the European Union
It shall apply from 1 July 2006.
However, it shall apply to the tariff quota referred to in Article 1(g) only from 1 January 2007.
Recital 1
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Recital 13
Recital 14
Recital 15
Recital 16
Recital 17
Serial numbers for ACP/India sugar
Model export licence referred to in Articles 16(2), 21(2)(a) and 29(2)
ORIGINAL
Marketing year or delivery period
No
Importer (name, full address, country) (optional)
EXPORT LICENCE
SUGAR
Place and date of loading - means of transport (optional)
Country of origin
Country of destination
Additional details
Description of goods
CN code (8-digit)
Quantity (kg)
CERTIFICATION BY COMPETENT AUTHORITY
Competent authority (name, full address, country)
At:
On:
(signature)
(stamp)
Entries referred to in Articles 16(1)(c), 17(1)(a), 18(2)(a): — in Spanish : Aplicación del Reglamento (CE) n o 950/2006, azúcar ACP-India. Número de orden (insértese con arreglo al anexo I) — in Czech : Podle nařízení (ES) č. 950/2006, cukr ze zemí AKT/Indie. Pořadové číslo (pořadové číslo vložte podle přílohy I) — in Danish : Anvendelse af forordning (EF) nr. 950/2006, AVS-/indisk sukker. Løbenummer (løbenummer indsættes ifølge bilag I) — in German : Anwendung der Verordnung (EG) Nr. 950/2006, AKP-/indischer Zucker. Laufende Nummer (laufende Nummer gemäß Anhang I einfügen) — in Estonian : Kohaldatakse määrust 950/2006, AKV/India suhkur. Järjekorranumber (lisatakse vastavalt I lisale) — in Greek : Εφαρμογή του κανονισμού (ΕΚ) αριθ. 950/2006, ζάχαρη ΑΚΕ/Ινδίας. Αύξων αριθμός (να τοποθετηθεί ο αύξων αριθμός σύμφωνα με το παράρτημα Ι). — in English : Application of Regulation 2006/950, ACP/India sugar. Serial No (serial number to be inserted in accordance with Annex I) — in French : application du règlement (CE) n o 950/2006, sucre ACP/Inde. Numéro d'ordre (numéro d'ordre à insérer selon l'annexe I) — in Italian : Applicazione del regolamento (CE) n. 950/2006, zucchero ACP/India. Numero d'ordine (inserire in base all'allegato I) — in Latvian : Regulas (EK) Nr. 950/2006 piemērošana, ĀKK un Indijas cukurs. Sērijas numurs (ievietot sērijas numuru saskaņā ar I pielikumu) — in Lithuanian : Taikomas Reglamentas (EB) Nr. 950/2006), AKR ir Indijos cukrus. Eilės numeris (eilės numeris įrašytinas pagal I priedą) — in Hungarian : A(z) 950/2006/EK rendelet alkalmazása, AKCS-országokból/Indiából származó cukor. Tételszám (a tételszámot az I. mellékletnek megfelelően kell beilleszteni) — in Maltese : Applikazzjoni tar-Regolament (KE) Nru 950/2006, zokkor AKP/Indja. Nru tas-serje (in-numru tas-serje għandu jiddaħħal skond l-Anness I) — in Dutch : Toepassing van Verordening (EG) nr. 950/2006, ACS-/Indiase suiker. Volgnummer (zie bijlage I) — in Polish : Zastosowanie rozporządzenia (WE) 950/2006, cukier z AKP/Indii. Numer seryjny (numer seryjny zostanie wpisany zgodnie z załącznikiem I) — in Portuguese : Aplicação do Regulamento (CE) n. o 950/2006, açúcar ACP/da Índia. Número de ordem (número de ordem a inserir de acordo com o anexo I) — in Slovak : Uplatňovanie nariadenia (ES) č. 950/2006, cukor AKT-India. Poradové číslo (uviesť poradové číslo podľa prílohy I) — in Slovene : Uporaba Uredbe (ES) št. 950/2006), sladkor iz držav AKP/Indije. Zaporedna številka: (vstaviti zaporedno številko v skladu s Prilogo I) — in Finnish : Asetuksen (EY) N:o 950/2006 soveltaminen, AKT-maista/Intiasta peräisin oleva sokeri. Järjestysnumero (lisätään järjestysnumero liitteen I mukaisesti) — in Swedish : Tillämpning av förordning (EG) nr 950/2006, AVS/Indien-socker. Löpnummer (löpnummer skall anges enligt bilaga I).
Footnote p0: This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 June 2006.