Commission Regulation (EC) No 891/2009 of 25 September 2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector
Modified by
  • Commission Regulation (EU) No 706/2010of 5 August 2010correcting the Spanish, French, Portuguese and Romanian versions of Regulation (EC) No 891/2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector, 32010R0706, August 6, 2010
  • Commission Regulation (EU) No 707/2010of 5 August 2010amending Regulation (EC) No 891/2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector, 32010R0707, August 6, 2010
  • Commission Implementing Regulation (EU) No 61/2012of 24 January 2012amending Regulation (EC) No 891/2009 as regards the administration of the CXL concessions sugar, 32012R0061, January 25, 2012
  • Commission Regulation (EU) No 519/2013of 21 February 2013adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, right of establishment and freedom to provide services, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, fisheries, transport policy, energy, taxation, statistics, social policy and employment, environment, customs union, external relations, and foreign, security and defence policy, by reason of the accession of Croatia, 32013R0519, June 10, 2013
  • Commission Implementing Regulation (EU) No 1250/2014of 21 November 2014amending Regulation (EC) No 891/2009 as regards tariff quotas for sugar originating in Serbia, 32014R1250, November 22, 2014
  • Commission Implementing Regulation (EU) No 1278/2014of 1 December 2014amending Regulations (EC) No 967/2006, (EC) No 828/2009, (EC) No 891/2009 and Implementing Regulation (EU) No 75/2013, 32014R1278, December 2, 2014
  • Commission Delegated Regulation (EU) 2015/1538of 23 June 2015supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to import licence applications, release for free circulation and proof of refining of sugar products of CN code 1701 under preferential agreements, for the marketing years 2015/16 and 2016/17 and amending Commission Regulations (EC) No 376/2008 and (EC) No 891/2009, 32015R1538, September 18, 2015
  • Commission Implementing Regulation (EU) 2017/704of 19 April 2017amending Regulation (EC) No 891/2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector, 32017R0704, April 20, 2017
  • Commission Implementing Regulation (EU) 2017/1085of 19 June 2017amending Regulation (EC) No 891/2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector, 32017R1085, June 20, 2017
  • Commission Implementing Regulation (EU) 2017/1778of 29 September 2017amending Regulation (EC) No 891/2009 as regards certain provisions concerning the first sub-period of the 2017/2018 import tariff quota period in the sugar sector and the full-time refiners' regime, 32017R1778, September 30, 2017
  • Commission Implementing Regulation (EU) 2018/82of 19 January 2018correcting Regulation (EC) No 891/2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector, 32018R0082, January 20, 2018
Corrected by
  • Corrigendum to Commission Regulation (EC) No 891/2009 of 25 September 2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector, 32009R0891R(01), April 16, 2011
Commission Regulation (EC) No 891/2009of 25 September 2009opening and providing for the administration of certain Community tariff quotas in the sugar sector CHAPTER IGENERAL PROVISIONS
Article 1ScopeThis 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 27(2) of 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;(f)Article 27(3) of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other partOJ L 164, 30.6.2015, p. 2., as amended by 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 UnionOJ L 12, 17.1.2017, p. 3.;(g)Article 26(4) 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 partOJ L 278, 18.10.2013, p. 16., as amended by the Protocol to 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, to take account of the accession of the Republic of Croatia to the European UnionOJ L 233, 6.8.2014, p. 3.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 2DefinitionsFor 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 , KosovoUnder United Nations Security Council Resolution 1244/1999. or the former Yugoslav Republic of Macedonia or Croatia and imported into the Community under the Acts referred to in points (b) to (g) 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 3Opening and administration1.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 4Applicability of Regulations (EC) No 1301/2006 and (EC) No 376/2008Regulations (EC) No 1301/2006 and (EC) No 376/2008 shall apply, save as otherwise provided for in this Regulation.
Article 5Import licence applications1.Licence applications shall be submitted the first seven days of each subperiod referred to in Article 3(2).Without prejudice to the first subparagraph, licence applications for the first sub-period referred to in Article 3(2) may be submitted from the eighth to the 14th day of the month preceding that sub-period.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 6Information to be filled in on the import licence applications and the import licencesThe 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, 09.4321, 09.4329 and 09.4330 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 7Obligations linked to the submission of an import licence application1.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, 09.4320, 09.4329 and 09.4330, 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 Balkan sugar, import licence applications shall be accompanied by the original of the export licence, 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 8Issuance and validity of import licences1.Import licences applied for in accordance with the first subparagraph of Article 5(1) shall be issued from the 23rd day until the last day of the month during which an application was made.2.Import licences applied for in accordance with the second subparagraph of Article 5(1) shall be issued from the first day until the eighth day of the month following the month during which an application was made.3.The licences shall be valid until the end of the third month following that in which they were issued but no longer than 30 September. In case of exceptional import sugar and industrial import sugar, the licences shall be valid until the end of the marketing year for which they were issued.
Article 9Notifications to the Commission1.Member States shall notify the Commission of the total quantities covered by import licence applications:(a)no later than on the 14th day of the month during which the applications are submitted, in case of applications referred to in the first subparagraph of Article 5(1);(b)no later than on the 21st day of the month during which the applications are submitted, in case of applications referred to in the second subparagraph of Article 5(1).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 10Release for free circulationRelease for free circulation for the quotas of CXL concession sugar with order numbers 09.4317, 09.4318, 09.4319, 09.4321, 09.4329 and 09.4330 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, 09.4320, 09.4329 and 09.4330, where the polarimetric reading of the imported raw sugar departs from 96 degrees, the rate of, respectively, EUR 98, EUR 11 and EUR 54 per tonne shall be increased or reduced, as appropriate, by 0,14 % per tenth of a degree difference established.
Article 10aSpecific provisions for the 2017/2018 tariff quota period1.By way of derogation from the second subparagraph of Article 5(1), licence applications for the first sub-period of the 2017/2018 tariff quota period as referred to in Article 3(2) may be submitted until 9 October 2017 not later than 13.00 Brussels time.2.Import licences applied for in accordance with paragraph 1 of this Article shall be issued from 23 until 31 October 2017.By way of derogation from Article 8(2) import licences applied for in accordance with the second subparagraph of Article 5(1) for the first sub-period of the 2017/2018 tariff quota period shall be issued from 23 until 31 October 2017.3.By way of derogation from Article 9(1)(b), Member States shall notify the Commission of the total quantities covered by the import licences applications submitted in accordance with paragraph 1 of this Article not later than 14 October 2017.4.Licence applications submitted in accordance with the second subparagraph of Article 5(1) for the first sub-period of the 2017/2018 tariff quota period may be withdrawn until 9 October 2017 not later than 13.00 Brussels time. The security corresponding to withdrawn applications shall be immediately released.
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