(1)

The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part (2) entered into force on 1 April 2009. Article 1 of Commission Regulation (EC) No 891/2009 of 25 September 2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector (3) should refer to this Stabilisation and Association Agreement.

(2)

An Interim Agreement on trade and trade related matters between the European Community, of the one part, and the Republic of Serbia, of the other part (4), entered into force on 1 February 2010. Articles 1 and 2 of Regulation (EC) No 891/2009 should refer to this new trade arrangement.

(3)

Article 5(1) of Regulation (EC) No 891/2009 provides that import licence applications shall be submitted during the first seven days of each of the 12 sub-periods, provided for in Article 3(2) of that Regulation. In order to facilitate trade, operators should be allowed to import from the day on which the tariff quota is opened. Consequently they should be allowed to apply for import licences in the month preceding the first sub-period. Therefore, it is necessary to establish the time periods for the application, notification and issuing of import licences for the first sub-period.

(4)

Article 15(2) of Regulation (EC) No 891/2009 provides penalties if imported sugar, which is not intended for refining, is refined. However, these penalties should not apply if justified and exceptional technical reasons are approved by Member States.

(5)

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

(6)

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

1.

in Article 1, point (e) is replaced by the following:

2.

in Article 1, the following point (g) is added to the first paragraph:

(*1)   OJ L 28, 30.1.2010, p. 2.’;"

3.

in Article 2, point (b), the words ‘points (b) to (f)’ are replaced by the words ‘points (b) to (g)’;

4.

in Article 5(1), a second subparagraph is added:

‘Without prejudice to the first subparagraph, licence applications for the first sub-period referred to in Article 3(2) may be submitted from the eighth to the 14th day of the month preceding that sub-period.’;

5.

Article 8 is replaced by the following:

6.

in Article 9, paragraph 1 is replaced by the following:

7.

in Article 15(2), the second subparagraph is replaced by the following:

‘Producers shall pay, before 1 June following the marketing year concerned, an amount equal to EUR 500 per tonne for the quantities of sugar referred to in point (c) of the first subparagraph, for which they cannot provide a proof, acceptable to a Member State, that refining took place for justified and exceptional technical reasons.’.