28.6.2005   

EN

Official Journal of the European Union

L 166/3

(1)

Article 39(1) of Regulation (EC) No 1260/2001 lays down that, during the 2001/2002 to 2005/2006 marketing years and in order to ensure adequate supplies to Community refineries, a special reduced duty is to be levied on imports of raw cane sugar originating in states with which the Community has concluded supply arrangements on preferential terms. At present such agreements have been concluded by Council Decision 2001/870/EC (2) with the ACP States referred to in Protocol No 3 on ACP sugar (3) attached to Annex V to the ACP-EC Partnership Agreement, and with the Republic of India.

(2)

The agreements in the form of an exchange of letters concluded by Decision 2001/870/EC lay down that the refiners in question must pay a minimum purchase price equal to the guaranteed price for raw sugar, minus the adjustment aid fixed for the marketing year in question. This minimum price must therefore be fixed by taking account of the factors applying in the 2005/2006 marketing year.

(3)

The quantities of special preferential sugar to be imported are calculated in accordance with Article 39 of Regulation (EC) No 1260/2001 on the basis of a Community forecast supply balance. The balance indicates the need to import raw sugar and to open for the 2005/2006 marketing year tariff quotas at the special reduced rate of duty as provided for in the above agreements so that the Community refineries' supply needs can be met for part of the year.

(4)

In view of the forecasts for raw cane sugar production which are now available for the 2005/2006 marketing year and the shortfall resulting from the forecast supply balance, provision should be made to authorise imports for the period 1 July 2005 to 28 February 2006.

(5)

It should be stipulated that Commission Regulation (EC) No 1159/2003 of 30 June 2003 laying down detailed rules of application for the 2003/2004, 2004/2005 and 2005/2006 marketing years for the import of cane sugar under certain tariff quotas and preferential agreements and amending Regulations (EC) No 1464/95 and (EC) No 779/96 (4) applies to the new quota.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

(a)

a tariff quota of 90 000 tonnes expressed as white sugar originating in the ACP States parties to the agreements in the form of an exchange of letters approved by Decision 2001/870/EC;

and

(b)

a tariff quota of 10 000 tonnes expressed as white sugar originating in India.