OpenLegislation

Article 1

United Kingdom

Original text. Later amendments are not shown.

Regulation (EC) No 950/2006 is amended as follows:

  1. 1..

    Article 1 is amended as follows:

    1. (a)

      in paragraph 1, the following points are added:

      1. (i)

        ‘Article 7(2) of Council Regulation (EC) No 1528/2007f1;

      2. (j)

        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 partf2;

      3. (k)

        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 partf3.’;

    2. (b)

      paragraph 2 is replaced by the following:

      ‘2.

      Quantities imported in accordance with the provisions referred to in paragraph 1(c) to (k) (hereinafter referred to as tariff quotas), and with the provisions referred to in points (a) and (b) of that paragraph (hereinafter referred to as delivery obligations) for the 2006/07, 2007/08 and 2008/09 marketing years shall bear the quota order numbers shown in Annex I.’

  2. 2..

    Article 2 is amended as follows:

    1. (a)

      point (d) is replaced by the following:

      1. (d)

        ‘“Balkans sugar” means sugar products falling within CN codes 1701 and 1702 originating in Albania, Bosnia and Herzegovina, Serbia, Kosovo, the former Yugoslav Republic of Macedonia or Croatia and imported into the Community under Regulation (EC) No 2007/2000, the Stabilisation and Association Agreement with the former Yugoslav Republic of Macedonia, the Stabilisation and Association Agreement with the Republic of Croatia, 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 and 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;’;

    2. (b)

      point (i) is replaced by the following:

      1. (i)

        ‘“delivery period” means the period defined in Article 4 of the ACP Protocol and Article 4 of the Agreement with India. However, in respect of the delivery period beginning on 1 July 2009, “delivery period” means the period between 1 July 2009 and 30 September 2009, the date on which the ACP Protocol and the Agreement with India cease to bind the Community;’;

    3. (c)

      the following point is added:

      1. (p)

        ‘“Additional EPA sugar” means sugar falling within CN code 1701 originating in regions and states which are listed in Annex I to Regulation (EC) No 1528/2007.’

  3. 3..

    In Article 4(5), the following subparagraphs are added:

    ‘For the delivery period beginning on 1 July 2009, the first period for submission of applications for import licences shall start on the Monday following the entry into force of the Regulation determining the delivery obligations for this period.

    For ACP/India sugar, the last day for the submission of applications for import licences shall be 18 September 2009.’

  4. 4..

    In the third subparagraph of Article 5(3), the following sentence is added:

    ‘However, this subparagraph shall not apply for the delivery period 2008/2009 and the delivery period beginning on 1 July 2009.’

  5. 5..

    In Article 6(4), the second phrase is replaced by the following:

    ‘Obligations to import, to refine or to process industrial import sugar are not transferable.’

  6. 6..

    In Article 15(3) the following subparagraph is added:

    ‘However, the first subparagraph shall not apply for the delivery period 2008/2009 and the delivery period beginning on 1 July 2009.’

  7. 7..

    Article 16 is amended as follows:

    1. (a)

      paragraph 1 point (c) is replaced by the following:

      1. (c)

        ‘in box 20: the delivery period to which they relate or for the delivery period beginning on 1 July 2009, the mention “1 July 2009 to 30 September 2009” and at least one of the entries listed in part A of Annex III.’;

    2. (b)

      paragraph 2 is replaced by the following:

      ‘2.

      Import licence applications shall be accompanied by the original of the export licence issued by the competent authorities of the exporting country in accordance with the model in Annex II for a quantity equal to that in the licence application. This export licence may be replaced by a certified copy, issued by the competent authorities of the exporting country, of the EUR.1 movement certificate based on the model set out in Annex IIa for the countries covered by the ACP Protocol or the proof of origin provided for in Article 18 for India.’;

    3. (c)

      the following subparagraph is added in paragraph 3:

      ‘For the delivery period beginning on 1 July 2009, licences for ACP/India sugar for refining shall be valid until 30 September 2009 or in the case of licences issued from 1 July 2009, until the end of the third month following that in which they were actually issued.’

  8. 8..

    In Article 17 paragraphs 1 and 2 are replaced by the following:

    ‘1.

    Upon import, a document shall be presented to the customs authorities bearing:

    (a)

    at least one of the entries listed in part A of Annex III;

    (b)

    the date of embarkation of the goods and the delivery period concerned;

    (c)

    the CN subheading for the product concerned.

    2.

    The document referred to in paragraph 1 containing the description of sugar falling within CN code 1701 99 may be used, where appropriate, for imports of sugar falling within CN code 1701 11.’

  9. 9..

    Article 21(2)(a) is replaced by the following:

    1. (a)

      ‘the original of the export licence issued by the competent authorities of the exporting country or of one of the exporting countries in accordance with the model in Annex II for a quantity equal to that in the licence application. This export licence may be replaced by a certified copy, issued by the competent authorities of the exporting country, of the EUR.1 movement certificate based on the model in Annex IIa for the countries covered by the ACP Protocol or the proof of origin provided for in Article 23 for India.’

  10. 10..

    The first subparagraph of Article 22(1) is replaced by the following:

    ‘Upon import, a document shall be presented to the customs authorities bearing:’

  11. 11..

    In Article 28(2), the third indent is replaced by the following:

    • ‘Serbia including Kosovo 180 000 tonnes,’

  12. 12..

    In Article 30, paragraph 2 is deleted.

  13. 13..

    The following Articles 30a to 30d are inserted:

    ‘Article 30a

    The products imported as industrial import sugar shall be used for the purposes of production of the products referred to in the Annex to Commission Regulation (EC) No 967/2006f4.

    Article 30b

    By way of derogation from Article 5 of Regulation (EC) No 1301/2006, applications for import licences for industrial import sugar may be submitted only by processors within the meaning of Article 2(d) of Regulation (EC) No 967/2006.

    Article 30c

    Articles 11, 12 and 13 of Regulation (EC) No 967/2006 shall apply to imports of industrial import sugar.

    Article 30d
    1.

    A processor shall supply proof, to the satisfaction of the competent authorities of the Member State, that he used the quantities imported as industrial import sugar for the purposes of production of the products referred to in the Annex to Regulation (EC) No 967/2006 and in accordance with the approval referred to in Article 5 of Regulation (EC) No 967/2006. This proof shall consist of the computerised recording in the records during or at the end of the production process of the quantities of the products concerned.

    2.

    If processors have not supplied the proof referred to in paragraph 1 by the end of the seventh month following the month of import they shall pay, for each day of delay, a sum of EUR 5 per tonne of the quantity concerned.

    3.

    If processors have not supplied the proof referred to in paragraph 1 by the end of the ninth month following the month of import, the quantity concerned shall be considered to be over-declared within the meaning of Article 13 of Regulation (EC) No 967/2006.’

  14. 14..

    The following Chapter VIIIa is inserted:

    ‘CHAPTER VIIIa

    ADDITIONAL EPA SUGAR

    Article 31a

    The quantities available under the additional tariff rate quotas opened for products of tariff heading 1701 for the period from 1 October 2008 to 30 September 2009 in accordance with Article 7(2) of Regulation (EC) No 1528/2007 shall be allocated as follows:

    — Comoros, Madagascar, Mauritius, Seychelles, Zimbabwe

  15. 75 000 tonnes,

    16. — Burundi, Kenya, Rwanda, Tanzania, Uganda

  16. 15 000 tonnes,

    17. — Swaziland

  17. 30 000 tonnes,

    18. — Mozambique

  18. 20 000 tonnes,

    19. — Antigua and Barbuda, Bahamas, Barbados, Belize, Dominica, Dominican Republic, Grenada, Guyana, Haiti, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago

  19. 30 000 tonnes,

    20. — Dominican Republic

  20. 30 000 tonnes,

    21. — Fiji, Papua New Guinea

  21. 30 000 tonnes.

    22. Article 31b
    1.

    Import licence applications and licences shall contain the following entries:

    (a)

    in box 8: the country or countries of origin which must be listed in Annex I to Regulation (EC) No 1528/2007, the word “yes” being marked with a cross;

    (b)

    in boxes 17 and 18: the quantity in white sugar equivalent weight, which may not exceed the initial quantity provided for in Article 31a;

    (c)

    in box 20 at least one of the entries listed in part J of Annex IV to this Regulation.

    2.

    Import licence applications shall be accompanied by the original of the export licence issued by the competent authorities of the exporting country or of one of the exporting countries in accordance with the model in Annex II to this Regulation for a quantity equal to that in the licence application. This export licence may be replaced by a certified copy, issued by the competent authorities of the exporting country, of the proof of origin referred to in Title IV of Annex II to Regulation (EC) No 1528/2007.’

  22. 15..

    The Annexes are amended as follows:

    1. (a)

      Annex I is amended in accordance with Annex I to this Regulation;

    2. (b)

      Annex II is amended in accordance with Annex II to this Regulation;

    3. (c)

      Annex IIa is inserted, the text of which is as set out in Annex III to this Regulation;

    4. (d)

      Annex III is amended in accordance with Annex IV to this Regulation.

Annotations

Footnotes

f1

OJ L 348, 31.12.2007, p. 1.

f2

OJ L 239, 1.9.2006, p. 2.

f3

OJ L 169, 30.6.2008, p. 10.’;

f4

OJ L 176, 30.6.2006, p. 22.’