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25.1.2011 Official
Journal
of
the
European
Union
L
21/3
DECISIONS
COMMISSION DECISION
of 20 January 2011
on a derogation from the rules of origin set out in Council Decision 2001/822/EC as regards sugar
from the Netherlands Antilles
(notified under document C(2011) 140)
(2011/47/EU)
THE EUROPEAN COMMISSION,
2001/822/EC for the period from 1 January 2011 until
31 December 2013, date of expiry of Decision
2001/822/EC. On 8 September and 11 October 2010
Having regard to the Treaty on the Functioning of the European
additional information was provided by the Netherlands
Union,
Antilles. The request covers a total annual quantity of
7 000 tonnes of sugar products originating in third
countries and processed in the Netherlands Antilles for
export to the Union.
Having regard to Council Decision 2001/822/EC of
27 November 2001 on the association of the overseas
countries and territories with the European Community
(‘Overseas Association Decision’)
( 1 ), and in particular
(5) The
request
for
a
new
derogation
aims
at
allowing
the
Article 37 of Annex III thereof,
use of raw sugar from third countries to be aromatized,
coloured, milled and processed into sugar lumps in the
Netherlands Antilles while conferring OCTs (Overseas
Whereas:
Countries and Territories) origin. Moreover, the
Netherlands Antilles request that for the years 2011,
2012 and 2013 the yearly amount for which ACP/EU-
OCTs cumulation may be temporarily allowed by virtue
(1) Annex
III
to
Decision
2001/822/EC
concerns
the
defi
of Article 6 of Annex III to Decision 2001/822/EC
nition of the concept of ‘originating products’ and
would be set at 7 000 tonnes.
methods of administrative cooperation. Article 37
thereof provides that derogations from those rules of
origin may be adopted where justified by the devel
opment of existing industries or the creation of new
(6) The
request
for
a
new
derogation
is
based
on
quality
industries in a country or territory.
requirements stating that ACP sugar in the Caribbean
region does not meet the criteria for a production of
high quality sugar destined to Union customers, and on
(2) By
Commission
Decision
2009/699/EC
( 2 ), the request
availability stating that ACP sugar from the Caribbean is
submitted in 2009 for extension of the previous dero
subject to continuous shortfalls due to climatic
gation was rejected whereas the requested new dero
conditions. Furthermore, ACP States are increasingly
gation was granted for the quantities for which import
exporting their sugar production directly to the United
licences for sugar were allocated to the Netherlands
States and the Union. Further, the Union does not
Antilles for 2009 and 2010.
produce raw cane sugar which is used for the end
product. Therefore it would be justified that the
Netherlands Antilles source raw sugar in neighbouring
third countries that are not part of the ACP States, the
(3)
According to the quarterly statements of the quantities
OCTs or the Union.
used under Decision 2009/699/EC forwarded by the
Netherlands Antilles to the Commission, the
consumption of the derogation granted in respect of
7 000 tonnes for 2010 is currently at around 2 500
tonnes in that year.
(7) In
its
additional
information,
the
Netherlands
indicated

that the sugar industry in the Netherlands Antilles, which
should benefit from the requested derogation, aims to
diversify into producing mixtures and ‘biosugar’, which
(4) On
24
August
2010
the
Netherlands
requested
on
behalf
both address distinctively different markets than the
of the Netherlands Antilles a new derogation from the
sugar products for which the requested derogation is
rules of origin set out in Annex III to Decision
submitted. At the moment diversification is still insuf
ficient and the derogation would be needed to earn the
( 1 ) OJ L 314, 30.11.2001, p. 1.
necessary capital for the investments required for further
( 2 ) OJ L 239, 10.9.2009, p. 55.
diversification.

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L 21/4
EN
Official Journal of the European Union
25.1.2011
(8) The
requested
new
derogation
from
the
rules
of
origin
the Netherlands Antilles and to give an incentive for the
set out in Annex III to Decision 2001/822/EC for a
sugar industry concerned there to promote the intended
quantity of 7 000 tonnes for products falling within
diversification.
CN codes 1701 11 90, 1701 99 10 and 1701 91 00 is
justified according to Article 37(1), (3) and (7) of that
Annex under certain conditions, which aim at balancing
(13) Consequently, subject to compliance with certain
the legitimate interests of the OCTs operators with the
conditions relating to quantities, surveillance and
objectives of the external dimension of the Union’s
duration, the derogation should be granted for 5 000
common market organisation on sugar.
tonnes for 2011, 3 000 tonnes for 2012 and 1 500
tonnes for 2013.
(9) It is in favour of the legitimate interests of the
(14) Subject
to
these
conditions
the
derogation
is
not
such
as
Netherlands Antilles that the derogation concerns
to cause serious injury to an economic sector or an
products which involve actual processing and the value
established industry in the Union.
added to the raw sugar is at least 45 % of the value of
the finished product. Further, granting the derogation will
contribute to the ability of the existing industry to
(15) Commission
Regulation
(EEC)
No
2454/93
of
2
July
continue its exports to the Union. The requested dero
1993 laying down provisions for the implementation
gation is expected to generate the required turnover to
of Council Regulation (EEC) No 2913/92 establishing
finance further investments in diversification of products
the Common Customs Code ( 1 ) lays down rules for the
and activities, so that the industry concerned would no
management of tariff quotas. Those rules should be
longer be required to request derogations of this kind.
applied mutatis mutandis to the management of the

quantity in respect of which the derogation in question
is granted.
(10) Additionally,
the
rules
relating
to
cumulation
of
origin
do
not provide a solution for the sugar industry in the
(16) Since
the
current
derogation
expires
on
31
December
Netherlands Antilles. Article 6(4) of Annex III to
2010, and a new derogation is requested for a period
Decision 2001/822/EC sets out the periods and the
starting on 1 January 2011 until 31 December 2013, the
quantitative limits for which cumulation of origin has
requested derogation should apply from 1 January 2011
been temporarily allowed, and which are compatible
for that period.
with the objectives of the Union’s common market
organisation whilst taking due account of the legitimate
(17) The
measures provided for in this Decision are in
interests of the OCTs operators. These quantities have
accordance with the opinion of the Customs Code
been progressively reduced and will be finally phased
Committee,
out to zero tonnes on 1 January 2011.
HAS ADOPTED THIS DECISION:
(11) The
phasing
out
of
the
ACP/EC-OCTs
cumulation
with
regard to sugar, as provided for in Article 6(4) of Annex
Article 1
III to Decision 2001/822/EC, shows the Union’s
intention that specific origin rules are to be more
By way of derogation from Annex III to Decision 2001/822/EC,
restrictive as regards sugar in order to take due account
sugar products processed in the Netherlands Antilles falling
of the Union’s operators in the sugar market. That
within CN codes 1701 11 90, 1701 99 10 and 1701 91 00
principle should be applied for the purpose of deter
shall be regarded as originating in the Netherlands Antilles
mining the quantities for which derogation is granted.
where they are obtained from non-originating sugar, in
The phasing out is also justified in view of the Union’s
accordance with the terms set out in Articles 2, 3 and 4 of
envisaged negotiation of free trade agreements with Latin
this Decision.
American countries, from which sugar may be usually
sourced by the Netherlands Antilles. Taking into
account the intention of the Netherlands Antilles’
Article 2
industry to diversify away from the sugar production
The derogation provided for in Article 1 shall apply to the
requiring a derogation as the present one, the amounts
products and the quantities set out in the Annex which are
for derogation should be phased out over time.
declared for free circulation into the Union from the
Netherlands Antilles during the period from 1 January 2011
to 31 December 2013.
(12) Given
the
low
utilisation
of
the
quantities,
provided
for
in the past derogations, it is appropriate to provide for
Article 3
the double amount of the current utilisation as an initial
quantity, which respects the ability of the existing
Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93
industry to continue its exports to the Union. In line
relating to the management of tariff quotas shall apply mutatis
with the envisaged phasing out, the amounts should be
mutandis to the management of the quantity referred to in the
reduced progressively over the requested period. Such a
Annex hereto.
phasing out should allow, at the same time, to generate
the required turnover to finance further investments in
( 1 ) OJ L 253, 11.10.1993, p. 1.

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EN
25.1.2011 Official
Journal
of
the
European
Union
L
21/5
Article 4
— ‘Derogation – Decision 2011/47/EU’,
The customs authorities of the Netherlands Antilles shall take
the necessary measures to carry out quantitative checks on
— ‘Dérogation – Décision 2011/47/UE’.
exports of the products referred to in Article 2.
Article 6
All the movement certificates EUR.1 they issue in relation to
This Decision shall apply from 1 January 2011 until
those products shall bear a reference to this Decision.
31 December 2013.
Article 7
The competent authorities of the Netherlands Antilles shall
forward to the Commission a quarterly statement of the
This Decision is addressed to the Member States.
quantities in respect of which EUR.1 movement certificates
have been issued pursuant to this Decision and the serial
numbers of those certificates.
Done at Brussels, 20 January 2011.
Article 5
For the Commission
Box 7 of EUR.1 movement certificates issued under this
Algirdas EMETA
Decision shall contain one of the following entries:
Member of the Commission
ANNEX
Order No CN
code Description
of
goods Period
Quantities
(in tonnes)
09.7910 1701
11
90
Sugar products 1.1.2011
to
31.12.2011 5
000
1701 99 10
1701 91 00
1.1.2012 to 31.12.2012 3
000
1.1.2013 to 31.12.2013 1
500

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