
COMMISSION IMPLEMENTING REGULATION (EU) 2017/1085 of 19 June 2017 amending 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 1234/2007, and in particular Article 187 thereof,
Whereas:

(1) An 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 Union (‘the Agreement’) was signed on 25 November 2016. Its signature on behalf of the European Union was authorised by Council Decision (EU) 2016/1995 and its conclusion by Council Decision (EU) 2017/730.

(2) Under the terms of the Agreement, the European Union is to allocate an additional 78 000 tonnes to the present allocation for Brazil under the EU tariff rate quota ‘Raw Cane sugar, for refining’, tariff item 1701.13.10 and 1701.14.10, maintaining the present in quota rate of EUR 98 per tonne, and to allocate an additional 36 000 tonnes to the present allocation under the ‘Any third country’ part of the EU tariff rate quota ‘Raw Cane sugar, for refining’, tariff item 1701.13.10 and 1701.14.10, maintaining the present in quota rate of EUR 98 per tonne.

(3) As regards the volume of 78 000 tonnes allocated to Brazil under the EU tariff rate quota, the Agreement further provides that the European Union is to autonomously apply an in quota rate of no more than EUR 11 per tonne for the first six years during which this volume is available and an in quota rate of no more than EUR 54 per tonne in the seventh year.

(4) Commission Regulation (EC) No 891/2009 provides for the opening and the administration of tariff quotas in the sugar sector, including those originating in Brazil and Any third country. To implement the tariff quotas for sugar laid down in the Agreement, it is therefore necessary to amend that Regulation accordingly.

(5) The proposed amendments should apply from the date of entry into force of the Agreement.

(6) 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:

Article 1 
Regulation (EC) No 891/2009 is amended in accordance with the Annex to this Regulation.
Article 2 
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from the date of entry into force of the Agreement.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 19 June 2017.
For the Commission
The President
Jean-Claude JUNCKER
ANNEX

In Annex I to Regulation (EC) No 891/2009, Part I: CXL concessions sugar is replaced by the following:
'
Part I: CXL concessions sugar 
Third country Order number CN code Quantities (tonnes) In quota rate (EUR/tonne)
Australia 09.4317 1701 13 10 and 1701 14 10 9 925 98
Cuba 09.4319 1701 13 10 and 1701 14 10 68 969 98
Any third country 09.4320 1701 13 10 and 1701 14 10 289 977 98
India 09.4321 1701 10 000 0


Third country Order number CN code Marketing Year Quantities (tonnes) In quota rate (EUR/tonne)
Brazil 09.4318 1701 13 10 and 1701 14 10 2016/2017 until 2023/2024 334 054 98
09.4318 1701 13 10 and 1701 14 10 From2024/2025 412 054 98
09.4329 1701 13 10 and 1701 14 10 2016/2017 19 500 11
2017/2018 78 000 11
2018/2019 78 000 11
2019/2020 78 000 11
2020/2021 78 000 11
2021/2022 78 000 11
2022/2023 58 500 11
09.4330 1701 13 10 and 1701 14 10 2022/2023 19 500 54
2023/2024 58 500 54
'
