1
Meeting of the CMO Committee concerning
Horizontal Matters
21+22 June 2016
Version 1
CHAPTER AND ANNEXES SUGAR SECTOR
Exchange of views on TRQs
WORKING DOCUMENT ON TRADE MECHANISMS
Notes:
 This document should be read in combination with the draft Delegated
and Implementing Regulation on TRQs, version 1.1. After discussions the
texts shall be an integral part of the Implementing Regulation on TRQs.
 Please note that provisions expiring by the end of the sugar quota regime
are not inserted in this new legislative product. They will continue life till
end of September 2017 by a transitional provision.
 The provisions in this chapter are meant to apply after the sugar quota
regime is closed by end September 2017.

This document is provided by DG AGRI for the purposes of providing a framework
for a structured discussion on suggestions that have been put forward by Member
States and stakeholders in the course of the review of the TRQ legislation. It
represents a possible structure in which generic rules are set out in the body, while
sectoral specificities are to be set out in extra chapters and Annexes. The document
is an orientation, and the content is not complete. It does not reflect the official
position of the Commission, and the points mentioned will not necessarily be
included in the Commission's eventual proposal.
2
Chapter X. Sugar sector
Overview international legal bases
Present
Art.2 Reg.
891/2009
DA IA
Possible text
Explanation
Article zz1
Definitions
For the purposes of this Regulation, the following
definitions shall apply:
a) 'tel quel weight' means the weight of the sugar in
the natural state;
b) 'refining' means the processing of raw sugars into
white sugars as defined in points 1 and 2 of Part II,
Section A, of Annex II to Regulation (EC) No
1308/2013, and any equivalent technical operation
applied to bulk white sugar.
Art. 6 Reg.
891/2009
Article zz1 bis
The application form and the licence shall mention in
section 20 a code as applicable to the product ("the
TRQ specific conditions code"), composed as
follows:
Information
Code
Sector sugar
[17]
Sugar intended for refining, or
01
Sugar not intended for refining
02
CXL concessions sugar imported 03
in accordance with Regulation
(EU) 2016/…. [this IA TRQ]
Balkans sugar imported in
04
accordance with Regulation (EU)
2016/…. [this IA TRQ]
Article zz2
Obligations linked to the submission of an import
licence application
Art 7(3)
R891/09
1. For the CXL sugar quotas with order numbers
09.4317, 09.4318, 09.4319 and 09.4320, referred to
in Annex XXX, point 1:
- imports shall be subject to the end-use procedure
established in Article 254 of Regulation (EU) No
952/2013, and
- by way of derogation to Article 239 of Regulation
(EU) 2015/2446, the obligation to refine cannot be
General: in order to
get rid of linguistic
lists problems or
wrong article
references, reflect on
introducing specific
codes in the Article
concerned.
The order number is
already required in
Art. 7 , general
provisions of this IA
3
Present
DA IA
Possible text
Explanation
transferred to another person.
Art 7(4)
R891/09
Art 9(1)
R891/09
2. For Balkan sugar quotas, referred to in Annex
XXX, point 2, import licence applications shall be
accompanied by the original of the export licence, in
accordance with the model in Annex jjj, 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 zz3
Particular instructions, and notifications in the
sugar sector
1. The quantities referred to in Article 17(1) of this
Regulation 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.
This refers to the
quantities to be
notified by MS to
COM
Art 9(4)
R891/09
2. Member States shall notify the Commission
before 1 March of each year of the following
quantities concerning the previous sugar 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.
These notifications
only refer to this
specific TRQ so it
seems logical to keep
them here
8(3)
Reg.891/2009
Article zz3 bis
Validity of an import licence
By way of derogation to Article 4(2) of this
Regulation, the import licence shall be valid until the
end of the third month following that in which they
were issued, but no longer than 30 September.
The general validity
is during the subperiod. This clear
derogation should be
in the legal text, not
only in the Annex.
4(2) IA
Art 10
R891/09
Article zz4
Release into free circulation
Release for free circulation for the CXL sugar quotas
with order numbers 09.4317, 09.4318, 09.4319 and
09.4321, referred to in Annex XXX, point 1, 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 57 to
59 of Implementing Regulation (EU) 2015/2447.
For the CXL sugar quotas with order numbers
09.4317, 09.4318, 09.4319 and 09.4320, referred to
in Annex XXX, point 1, where the polarimetric
reading of the imported raw sugar departs from 96
degrees, the import duty rate of EUR 98 per tonne
4
Present
DA IA
Possible text
shall be increased or reduced, as appropriate, by 0,14
% per tenth of a degree difference established.
Explanation
5
Annexes SUGAR SECTOR
1. CXL Sugar Quotas
a) Tariff Rate Quotas
Order number
Origin
09.4317
Australia
09.4318
Brazil
09.4319
Cuba
09.4320
Any third
country
09.4321
India
CN Code
1701 14 10
1701
Quantity in tonnes
9 925
334 054
68 969
253 977
10 000
Rate (EUR/tonne)
98*
0
* Where the polarimetric reading of the imported raw sugar departs from 96 degrees, the rate of
EUR 98 per tonne shall be increased or reduced, as appropriate, by 0.14% per tenth of a degree
difference established
b) Common provisions
Corresponding
Concept
provision
4(1) IA
Quota period
4(2) IA
Quota sub-periods
4(3) IA
Quantity per sub-period
1 DA
5(1)(a) IA
To add in Art.
7 IA
To add in Art.
7 IA
To add in Art.
7 IA.
Art ZZ3
specific
chapter
Art. 6(d) Reg.
891/2009
Art ZZ1
specific
chapter
7 IA
Method of administration
Submission of applications
1 October to 30 September
Calendar months
- October: 100% of the quota quantity
- Other months: 0 tonnes + remaining quantity
Simultaneous examination
During the first seven days of each subperiod
Consider the general rule of n-1 of 5(2) IA
Particular entries in licence
applications:
In Section 8 - Country of origin
- A cross on the word "yes"
In Section 16 A single eight digit CN code
In Sections 17 and 18 The quantity in kilograms in tel quel weight
In Section 20 - Code "17"
- Either code "01" or "02"
- or Code "03"
In Section 24 The customs duty concerned
6
4 (1) DA
Proof of trade
.Minimum quantity of 25 tonnes
3 DA, 8 IA
Article zz2 (2)
Security in EURO per tonne
Other conditions for licence
applications
Notification to the Commission
by the licence authority of
quantities applied for
Validity of licences
20
End-use procedure
(except for Order Number 09.4321)
Not later than the 14th day of the month during
which applications are submitted
ZZ3 (2) DA,
ZZ3 bis
Article zz4
Particular conditions for release
into free circulation
Until the end of the third month following that
in which they were issued but no longer than
30 September
Presentation of a certificate of origin (except
for Order Number 09.4320)
7
2. Balkan Sugar Quotas
a) Tariff Rate Quotas
Order number
Origin
09.4324
Albania
09.4325
Bosnia and
Herzegovina
09.4326
Serbia or Kosovo
(1)
CN Code
1701 and 1702
Quantity in tonnes
1 000
12 000
180 000
Rate (EUR/tonne)
0
(1) Kosovo under United Nations Security Council Resolution 1244 (1999)
09.4327
Former Yugoslav
Republic of
Macedonia
7 000
b) Common provisions
Corresponding
provision
4(1) IA
4(2) IA
4(3) IA
Quota period
Quota sub-periods
Quantity per sub-period
1 DA
5(1)(a) IA
Method of administration
Submission of applications
To add in Art. 7
IA
To add in Art. 7
IA
To add in Art. 7
IA
Art. ZZ3 specific
chapter
Art. ZZ1 specific
chapter
7 IA
4(1) DA
3 DA, 8 IA
Article zz2 (3)
ZZ3 (2) IA
ZZ3 bis
Issue
1 October to 30 September
Calendar months
- October: 100% of the quota quantity
- Other months: 0 tonnes + remaining quantity
Simultaneous examination
During the first seven days of each subperiod
Consider the general rule of n-1 of 5(2) IA
Particular entries in licence
applications:
In Section 8 - Country of origin
- A cross on the word "yes"
In Section 16 A single eight digit CN code
In Sections 17 and 18 The quantity in kilograms in tel quel weight
In Section 20 - Code "17"
- Either code "01" or "02"
- Code "04"
In Section 24
Proof of trade
Security in EURO per tonne
Other conditions for licence
applications
Notification to the Commission
by the licence authority of
quantities applied for
Validity of licences
0 EUR/tonne
Minimum quantity of 25 tonnes
20
Export licence in accordance with the model in
Annex jjj
Not later than the 14th day of the month during
which applications are submitted
Until the end of the third month following that
in which they were issued but no longer than
30 September
8
ANNEX jjj
Model export licence referred to in Article zz2(3)
9