Commission Implementing Regulation (EU) 2018/82

of 19 January 2018

correcting Regulation (EC) No 891/2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/20071, and in particular Article 187 thereof,

Whereas:

(1)
Commission Implementing Regulation (EU) 2017/10852 amended Part I of Annex I to Regulation (EC) No 891/20093 in accordance with the Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union4 (‘the Agreement’), increasing the allocation for Brazil. The additional allocation amounts to 19 500 tonnes for the marketing year 2016/2017, and to 78 000 tonnes for the marketing years from 2017/2018 to 2022/2023. For the marketing year 2023/2024, the additional allocation amounts to 58 500 tonnes. The additional allocation is managed through two new order numbers, 09.4329 and 09.4330, which have a different in quota rate compared to the previously allocated volume with order number 09.4318 for the origin Brazil.
(2)

By mistake, the two new order numbers and in quota rates for the Brazil quota have not been added in the enacting terms of Regulation (EC) No 891/2009, although all sugar from that quota has to meet the same conditions, in particular as regards import licence applications and certificates of origin. It is therefore necessary to correct those errors by inserting the two new order numbers and in quota rates in the enacting terms of Regulation (EC) No 891/2009.

(3)

Regulation (EC) No 891/2009 should therefore be corrected accordingly.

(4)

For reasons of legal certainty as regards the rights and obligations of all operators concerning the increased allocation for Brazil since its addition, this Regulation should apply retroactively from the date of entry into force of the Agreement.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION: