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									An interpretation of the European sugar regime new legislation in
               view of WTO rules and negotiations


                                                                       *
                                 Mª Elisa Casanova Domènech
                                                                   †
                                   Patricia García-Durán Huet
                                                               ‡
                                     Montserrat Millet Soler



                                              ABSTRACT


The European Union has been forced to reform its sugar regime in 2006 to
accommodate to a 2005 decision of the World Trade Organisation‟s Dispute Settlement
Body. This article analyses the Common Organisation of the Markets in the sugar sector
of the European Community, before and after the reform, and compares it with the
international agricultural trade regulations. It shows that the 2006 changes may not be
sufficient to face international challenges in the Doha Round context.

                                        I. INTRODUCTION

The success of the first round of multilateral trade negotiations after the creation of the World

Trade Organisation (WTO) in 1995, cannot be guaranteed. Although there have been

preliminary agreements on the agricultural negotiations framework and some convergence in

the demands, much remain to be discussed. Moreover, the present international context does

not favour a rapid conclusion of these trade negotiations. In July 2007, the United States‘ Trade

Promotion Act expired and few countries would make the effort to try to reach an international

agreement that may not be ratified. Nevertheless, the impact of the Doha Round has already

been felt in several countries and sectors.

        It is not a secret that one of the main purposes of the European Union‘s (EU) 2003

reform of the Common Agricultural Policy (CAP) was to be prepared for the international

negotiations. This paper shows that the Doha Round impact has even reached one of the most


*
  Lecturer, Department of Internacional Law and Economy, University of Barcelona
<elisacasanova@ub.edu>
†
  Senior lecturer, Department of Internacional Law and Economy, University of Barcelona
<patriciagarciaduran”ub.edu>
‡
  Assistant Professor, Department of Internacional Law and Economy, University of Barcelona
<millet@ub.edu>

                                                  1
interventionist and protectionist regulatory schemes of the CAP: the European sugar regime.

On 20 February 2006, the Council of Agriculture Ministers of the EU passed the first large-scale

reform of the Common Market Organisation (CMO) for sugar. This paper evidences that the

reform was undertaken not only to accommodate the ruling against the EU‘s system of sugar

export subsidies, on the part of the WTO‘s Dispute Settlement Body, but also with an eye on

the trade negotiations in progress in the Doha Round.

        The paper follows a methodology that is both qualitative and comparative and is

organised in three more sections. Section II examines the way that the reform alters the

instruments used for intervention and protection of the EU sugar market. Section III then

compares these changes with the international trade liberalisation demands on domestic

support, market access and exports subsidies. The results of the analysis are discussed in the

fourth and final section.



                               II. THE NEW CMO FOR SUGAR

The European sugar market has special characteristics. The supply of sugar comes from two

sources: sugar beet, the plant source of sugar that can be produced in continental climate; and

sugar cane, the plant source that needs tropical or template climates. Due to economic

cooperation agreements with former colonies (ACP countries), sugar cane is imported without

tariffs in the form of unrefined sugar. The resulting supply of sugar in the European market is

superior to the internal demand, yet the amount satisfies the raw sugar supply needs of

European refineries.

        In front of this complexity, the PAC regulatory schemes for sugar have been especially

interventionist and protectionist. The first regulatory scheme came with Council Regulation
         1
1009/67, which had effect throughout the trade years 1968/69 to 1974/75. Then Council
                                                                          2
Regulation 3330/74 came into force for the period 1975/76–1980/81. Council Regulation
                                                          3
1785/81 covered the years from 1981/82 to 2000/01,            and was supplemented, after the
                                                                                               4
Uruguay Round conclusion, by Council Regulation 2038/1999 for 1999/2000 and 2000/01.



1
  OJ 1967 L 308/1.
2
  OJ 1974 L 359/1.
3
  OJ 1981 L 177/39.
4
  OJ 1999 L 252/1.

                                               2
The last regulation before the 2006 reform was Council Regulation 1260/2001, into force from
                        5
2001/02 to 2005/06.

         All of these regulatory schemes established an internal system of intervention that took

two main forms: a system of production quotas and a guaranteed price scheme. With regard to

trade with non-EU countries, the main instruments of protection were also two in number:

import restrictions (with the exception of preferred treatment given to certain trading nations)
                                                                 6
and export subsidies (for a given quantity of sugar).                These damaging mechanisms of

regulation for international trade functioned from 1968 to 2006, having undergone only partial

reform in 1999 in order to adapt to the Agreement on Agriculture agreed in the Uruguay Round

of the General Agreement on Tariffs and Trade (GATT) talks.

         Council Regulation 318/2006 establishes the new CMO for sugar for the marketing
                              7
years 2006/07 to 2009/10. However, it also determines the new system of quotas, prices and

market management to be applied through the end of the year 2014/15. This section analyses

the main ways that this new regulatory scheme changes the intervention and protection

instruments of the CMO for sugar.

                                          A. Domestic support

There are two kinds of sugar businesses in the EU: one specialized in sugar beet provided by
                                                                                                8
the EU growers and the other in sugar cane provided mostly by former colonies.                      Broadly

speaking, sugar production obtained from EU sugar beet or cane growers is governed by

internal quotas and sugar production obtained from non-EU sugar cane growers is governed by

import tariff quotas.

         Most EU-27 members are sugar-producing states. Only Luxembourg, Cyprus, Estonia

and Malta are not sugar producers, but they are supplied mainly by other EU members. They

produce white, refined sugar (which has a standard saccharide content of 99.5%) instead of


5
  OJ 2001 L 178/1.
6
  For an in-depth analysis of all these instruments, see CASANOVA, M.E., Evaluación de impacto del
Protocolo del Azúcar CE-ACP, doctoral thesis, University of Barcelona, http://www.tdx.cesca.es/TDX-
0407105-122429 (2005), at 186-226.
7
  OJ 2006 L 58/1.
8
  In general, average production costs are far greater for sugar beet than for sugar cane, and nearly all
sugar in the EU comes from sugar beet. Companies that process sugar cane achieve higher volumes of
sugar than companies processing sugar beet. As a result, they bear lower average production costs, since
variable costs have little relative weight in the cost structure. As the manufacture of sugar (of both kinds)
is capital-intensive, fixed costs are high for these companies. For more information, see CASANOVA,
above 6, at 279-294.

                                                     3
raw, unrefined sugar (which has a lower standard saccharide content), because European

sugar processors use vertical integration to lower the costs of transport, storage and reheating

and to minimise potential waste. All the white sugar obtained within the EU comes from sugar

beet, with the exception of sugar cane produced in southern Spain and in a number of ultra-
                                    9
peripheral regions of the EU.



                                             1. Before the reform

While the cited Council Regulation of 2001 was in operation, sugar production from EU sugar

beet or cane was controlled through A and B quotas. The regulation set quota shares for all EU

members, who then distributed them among the producer companies located in their territory
                                                               10
that enjoyed quotas during the trade year 2000/01.                  Thus, for each benefiting company, two
                                                          11
types of sugar quota were available: A and B.                  Any amount in excess of the sum total of

quotas A and B for a company was categorised as C sugar and excluded from the quota
          12
system.        In no case did the classification depend on the physical characteristics of the sugar.

          The difference between quotas for A and B sugar lay in the levies applied to their
                           13
respective production.          In all other respects, the quotas benefited from the same price support

and the same purchase guarantee, i.e. the right to have sugar bought by national intervention
          14
boards.        Similarly, they attracted the same export subsidies to encourage the sale of quota

sugar on world markets. By contrast, C sugar received no guarantee of price or sale, either

inside or outside the European market. In fact, it could not be sold in the EU market and had to
                                                                                                       15
be exported without subsidy and in a natural state by 1 January of the following trade year.

          To make the quota system more flexible, two instruments were employed. Firstly, a

mechanism that allowed member states to transfer volumes within A and B quotas among

9
   The latter include the French overseas departments (Guadaloupe, French Guiana, Martinique and
Reunion), the autonomous regions of Portugal (the Azores and Madeira) and the Spanish autonomous
community of the Canary Islands.
10
   Art. 11.1.
11
   Some companies also received a small quota for isoglucose and/or inuline syrup, which are substitutes
for liquid sugar. Isoglucose had been incorporated into the CMO for sugar in 1977, under Council
Regulation 1111/77, OJ 1977 L 134/4, and inuline syrup had been included in 1993, under Council
Regulation 1548/93, OJ 1993 L 154/10. However, given that their volumes are small, the present study
addresses sugar in its solid state.
12
   Art. 1.2.
13
   The levies served to fund export subsidies and will be discussed in a later section on trade relationships
with non-EU countries.
14
   How these bodies function is explained in the next section.
15
   Art. 13.1.

                                                      4
companies located in their territory, taking into account the interests of the industry and
                                                    16
especially sugar beet and sugar cane growers.            The transfers took place on the condition that

each producer‘s reduction in quotas A and B not exceed 10% of its original quota allocation.

Once the volumes of A and B quotas to be transferred had been determined, the state

reallocated them to one or various companies located in their territory, whether or not they had

previously received quotas.

         The second flexibility measure fell to the companies. They were given the opportunity

to carry over given volumes of sugar to the following trade year, to be booked on account of

future production. This specifically allowed each undertaking to carry over all or part of the
                                                                          17
sugar which would have become C sugar to the subsequent year.                  Carry-over sugar had to be
                                   18
stored for a period of one year.

         The quota system for A and B sugar was enforced to control EU production in the face

of internal price guarantees pegged far in excess of the reigning international market price. The

CMO provided for automatic intervention or guaranteed prices for set quotas of sugar, through

the national intervention boards, and did not limit the production of non-quota sugar. To

safeguard the economic interests of all European growers and processors in the sugar sector,

the European Community set high institutional prices because of the large gap in
                                                    19
competitiveness among agricultural operators.            That explains why domestic aid to the sugar

sector, in the form of price supports, amounted to 18% of the total Aggregate Measure of
                 20
Support (AMS) -related aid for the EU-15 (5,610 million euros out of a total 30,880.3 million




16
   Art. 12.
17
   Commission Regulation 2223/2000, OJ 2000 L 253/5, established that the maximum quantity of sugar
that each company could carry over was not to exceed 20% of their A quota. Sugar processors were also
allowed to carry over all or part of their B quota sugar production (Art. 14.1).
18
   The Regulation of 2001 eliminated the reimbursement scheme for storage costs in order to bolster
competition between companies, especially in regions of the principal markets where they were various
intermediate suppliers. It did so also to lower the sale price in the closing period of the production year
and to discourage production of non-quota sugar, or C sugar. The reimbursement scheme had been
funded through a charge levied on processors, in keeping with the principle of budget neutrality.
19
   In fact, from the mid-eighties to the trade year 2005/06, EU prices were two or three times higher than
world prices (International Monetary Fund, International Financial Statistics Yearbook, 2005). Acting on
proposals from the European Commission, the Council of Agriculture Ministers set four institutional
prices for each trade year and all remained frozen since 1984/85 (European Commission, "Proposed
Overhaul of the Sugar Market", Newsletter, No 27, 2000.)
20
   The Aggregate Measure of Support (AMS) was defined in the Uruguay Round and includes domestic
support that is specific to a product (price supports), non-exempt direct payments to producers, input
supports, subsidised insurance, etc.

                                                     5
                                           21
euros) for the trade year 2003/04.              As a whole, sugar received the second-highest level of

indirect aid behind beef.



                                            2. The present system

Since the 2006 reform, the Council of Ministers continues to set a number of institutional prices

annually within the context of the CMO for sugar. However, the transition from a system based

on indirect support to one built on direct support is already to hand. The price regime set under

the Regulation of 2006 is less generous than the Regulation of 2001, cutting the degree of

government intervention in the sugar market. Moreover, the Regulation of 2006 introduces

compensation measures: a restructuring fund for sugar manufacturers and a scheme of direct

income supports for growers.

             The intervention prices for both white and raw sugar obtained from EU cane or sugar

beet are withdrawn and institutional prices known as ‗market reference prices‘ are established.

This is not merely a name change. The reference prices are lower than the intervention prices

and reflect a less generous intervention scheme.

             The price regime for the trade years 2006/07-2009/10 is set out in Table 1. The

reference prices for white sugar and raw sugar reflect, respectively, a 36% and 33% cut in their

previous intervention prices. As shown in the table, both prices are to be cut progressively
                               22
during the final two years.         Lastly, the minimum price for sugar beet continues to be set based

on the reference price for white sugar, and sugar processors must guarantee this price to sugar
                  23
beet growers.

             Under the intervention scheme, if the market price should fall below the reference price

in any given trade year, the intervention boards will continue to operate the buy/sell system in

order to help stabilise the market. Intervention, however, is now subject to new limits. Thus, the

national boards can purchase up to 600,000 tonnes of quota sugar a year across the entire
      24
EU,        and this quantity is subject to a storage contract between the national board and seller in




21
   In accordance with the final WTO notification of 2006 (G/AG/N/EEC/53).
22
   Art. 3.1 and 3.2.
23
   Art. 5.
24
    Details concerning the maximum amounts for each member state are set out in the annex to
Commission Regulation 952/2006, OJ 2006 L 178/39. In the pre-2006 CMO, there were no limits to the
quantity of sugar that the national boards could purchase.

                                                        6
                                                                           25
question, set at 80% of the reference price for the following year.             As in the previous system,

the intervention board must subsequently sell the sugar at a price that is above the reference

price for the year in which the sale takes place. An exception is still made to permit sales at a

price equal to or below the reference price if the sugar is destined for animal feed or the export
        26
market.

          In June 2006, i.e. at the outset of the trade year 2006/07, the intervention boards of

Belgium, the Czech Republic, Germany, Hungary, Ireland, Italy, Poland, Slovakia, Slovenia,

Spain and Sweden sold 1,370,637 tonnes of sugar on the internal EU market which had been
                                                   27
bought by them before 10 February 2006.                 Since the reform, the intervention boards have
                                          28                                        29
made new sales in October 2006,                of 899,896 tonnes; January 2007,          of 852,681 tonnes;
                     30                                              31
September 2007,           of 1,203,962 tonnes; and December 2007,         of 477,924 tonnes.

          Under the 2006 Regulation, the quota transfer and carry-over mechanisms are also
              32
maintained.        Member states still receive an initial quota allocation and then distribute the

allocation among the sugar industry in their own territories. Nevertheless, the classification of A

and B quotas and C sugar has been replaced by a system based on ‗quota sugar‘, ‗industrial

sugar‘ and ‗surplus sugar‘.

          ‗Quota sugar‘ takes in all the guaranteed quantities of sugar. In principle, this was
                                  33
17,554,453 tonnes of sugar:            the sum total of, firstly, quotas A and B as established in the

Regulation of 2001 by the EU-15 states and, secondly, the quotas allocated to new EU member
                                                                                                         34
states after the fifth and sixth enlargements, as stipulated in the respective acts of accession.



25
   Art. 18.2.
26
   Art. 18.3.
27
   Commission Regulation 1039/2006, OJ 2006 L 187/3.
28
   Commission Regulation 1555/2006, OJ 2006 L 288/3.
29
   Commission Regulation 38/2007, OJ 2007 L 11/4.
30
   Commission Regulation 1059/2007, OJ 2007 L 242/3, and Commission Regulation 1060/2007, OJ
2007 L 242/8.
31
   Commission Regulation 1476/2007, OJ 2007 L 329/17.
32
   The new regulation raises the percentage of the quota that states can transfer between companies
located in their territory, for the initial two trade years (see Art. 11).
33
   This amount could be topped up with an additional maximum quota of 1,100,000 tonnes among sugar-
producing member states in the year 2005/06, so as to ease the transition from the previous quota system
to the current one (see Art. 8.1) . In addition, the year 2006/07 was 15 months long. Under the previous
regulatory scheme, the trade year began on 1 July and finished on 30 June of the following year. To
facilitate the change, the year 2006/07 started on 1 July 2006 and closed on 30 September 2007. For this
reason, there was a one-off increase in the quotas for Italy (121,187 tonnes), Portugal (52,593 tonnes) and
Spain (324,000 tonnes) in the period. In that case, the sugar must come from sugar beet planted before 1
January 2006 (Commission Regulation 493/2006, OJ 2006 L 89/11).
34
   Acts concerning the conditions of accession of the new member states and the adjustments to the

                                                        7
However, as explained in the next section, the total amount of quotas was reduced in
                                                                            35
December 2006, just before the accession of Rumania and Bulgaria.                Since then, the ‗quota

sugar‘ is 16,907,591 tonnes of sugar.

         ‗Industrial sugar‘ is the non-quota sugar that is destined for industry. In order to

broaden the commercial uses of sugar in the EU‘s internal market, member states can produce

a surplus destined to the manufacture of products such as bioethanol, alcohol, rum and live

yeast; certain sugarless industrial products that use sugar in their manufacture; and certain
                                                                                   36
products of the chemical and pharmaceutical industries that contain sugar.              As in the case of

the previous regulations, a production subsidy can be granted for most of these transformed

products, taking into account the costs that the industry bears when purchasing sugar at the EU
                                       37
price instead of on the world market.

        Lastly, in addition to ‗quota sugar‘ and ‗industrial sugar‘, countries are allowed a volume
                                      38
of sugar known as ‗surplus sugar‘.          Surplus sugar can be carried over to the next trade year

as quota sugar, put on account against the following year‘s production. It can also go to the

ultra-peripheral regions for human consumption or the manufacture of other products, under an
                                                                                                        39
exemption scheme on import duties, but the amount is limited by a supply forecast plan.

Thirdly, surplus sugar can be exported within the limits set by the EU purchase commitments in
          40
the WTO.

        To preserve budgetary neutrality, sugar production under each of these headings is
                                                                                                41
subject to a charge. The ‗quota sugar‘ is subject to a charge of 12 euros/tonnes.                    Sugar

processors are responsible for payment of the charge, but they are entitled to pass on as much
                                                               42
as 50% of it to sugar beet and sugar cane EU growers.               Processors can also produce non-



Treaties on which the EU is founded. For the fifth enlargement see OJ 2003 L 236/33. For the sixth
enlargement see OJ 2005 L 157/203.
35
   Council Regulation 2011/2006, OJ 2006 L 384/1.
36
   Art. 13.2.
37
   Art. 13.3.
38
   The respective definitions are set out in Art. 2.
39
   This is in accordance with Council Regulation 247/2006, OJ 2006 L 42/1. The POSEI support
programme is to continue guaranteeing support and development for agricultural production in these
regions.
40
   Art. 12.
41
   Art. 16. As a temporary measure, the system of production levies remained in force for the year
2006/07 (Commission Regulation 493/2006, OJ 2006 L 89/11). The new charge goes into effect in
2007/08.
42
   The additional maximum quota of 1,100,000 tonnes contemplated in Article 8.1 to ease the transition to
the new quota system would have been charged with 730 euros/tonne (Art. 8.3).

                                                    8
quota sugar. If it is for industrial use (‗industrial sugar‘), then no charge is payable. On the other

hand, if it is ‗surplus sugar‘ that is not to be used in any of the ways mentioned above, then it
                                                                                       43
attracts a charge of 500 euros/tonnes in order to discourage non-quota stockpiles.

        As well as setting limits on intervention quantity and price, the Regulation of 2006

establishes new mechanisms to withdraw production from the market. The mechanisms apply

to both sugar processors and the European Commission. Thus, if the market price lies below

the reference price, processors of quota sugar can withdraw production from the market using a

private storage scheme. Such storage receives a support set by the Commission in order to
                              44
offset a portion of the costs.     The Commission, for its part, can withdraw quota sugar from the

market for the length of time needed to rebalance the market at a price level nearer the

reference price. The withdrawal must apply to an equal percentage of quota sugar for all
                                                                                                 45
member states and it must remain in effect until the beginning of the following trade year.           In

this case, the storage costs of withdrawn sugar falls to the companies allocated a quota. Once

withdrawn, the quantities must be reintroduced into the market as quota sugar in the following

year, although they may come to be treated as surplus sugar because of the market‘s
              46
development.

        To adapt to the state of the market, in march 2007, with forecasts indicating a

particularly large surplus, a temporary withdrawal measure of 13,5% was agreed for quota
                                      47
sugar for the trade year 2007/08.          In order to make the withdrawal instrument more effective

by creating an incentive for producers to reduce production, undertakings whose production is

below a threshold of 86,5% were exempted from the withdrawal requirement. Moreover, the

withdrawal percentage applied to the nine Member States in which at least 50% of the national

sugar quota had been released from 1 July 2006, was reduced in proportion to the quotas

released: the Czech Republic (7,29%), Greece (0%), Spain (10,53%), Italy (0%), Hungary

(6,21%), Portugal (mainland, 0%), Slovakia (4,32%), Finland (3,24%) and Sweden (10,26%).

The total amount finally withdrawn of the quota sugar was 2,000,922 tonnes.




43
   Art. 15 and Commission Regulation 967/2006, OJ 2006 L 176/22.
44
   Art. 18.1.
45
   The percentage is to be set each year no later than 31 October, taking into account the anticipated
evolution of the market.
46
   Art. 19.
47
   Commission Regulation 290/2007, OJ 2007 L 78/20.

                                                     9
Table 1: Price Regime and Restructuring Fund Established for the Years 2006/07 - 2009/10.

(In euros/tonnes)

                                                                   2006/07    2007/08    2008/09 2009/10

REFERENCE PRICE FOR WHITE SUGAR                                      631.9      631.9      541.5     404.4

Cumulative Reduction (%)                                                             0        14        36

REFERENCE PRICE FOR RAW SUGAR                                        496.8      496.8      448.8     335.2

Cumulative Reduction (%)                                                             0        10        33

MINIMUM PRICE FOR SUGAR BEET                                         32.86      29.78      27.83     26.29



RESTRUCTURING COSTS                                                  126.4      173.8      113.3          -

REFERENCE PRICE, NET OF RESTRUCTURING COSTS                          505.5      458.1      428.2     404.4

Cumulative Reduction (%)                                                20         28         32        36



                           (1)
RESTRUCTURING AID                                                      730        730        625       520



BALANCE FOR RESTRUCTURING FUND BUDGET

Restructuring Costs                                                  2,196      2,125      1,391         0

Restructuring Aid                                                    1,144      4,501           3        0



(1)
      If a company renounces the entire quota allocated to one or more of its factories and then dismantles

the affected productive facilities.



Source: Council Regulation 318/2006, OJ 2006 L 58/1, and Council Regulation 320/2006, OJ 2006 L

58/42. European Council, Clarification from the Commission on the Financial Consequences of

Reforming the CMO in Sugar, 7978/06, AGRIFIN 29, FIN 114, AGRIORG 34, 2006.




           Table 1 also shows that the cut in indirect supports is accompanied by a restructuring

fund lasting four years in duration. The aims of the fund are to provide an incentive to less

competitive producers to leave the industry, to address the social and environmental effects of

factory closure, and to get money to the most affected regions. Support on a declining basis is

given to sugar manufacturers for each metric tonne of quota sugar that they renounce during



                                                     10
                                   48
the period 2006/07 to 2009/10.          The support is funded through a levy on each metric tonne of
                                                                                                       49
quota sugar produced by processors holding quotas during the period 2006/07 to 2008/09.                     A

reserve of 10% of the restructuring aid is to compensate growers of sugar beet and sugar cane
                                                                       50
who are affected by the industry‘s renunciation of quota sugar.             Member states may allocate a

portion of the restructuring money to diversification measures in regions affected by the
                                           51
restructuring of the sugar industry.            Based on the results of the restructuring fund, the

European Commission will decide the percentages by which sugar quotas will be cut for
                                                                                                52
member states so that there is no disequilibrium in the market from the year 2010/11.

         In addition, because the drop in institutional prices brings with it a significant income cut

to EU growers of sugar beet and sugar cane, a system is being set up involving direct, non-

production payments. The system of direct income support involves an annual average

expenditure of 1.4 billion euros for the EU budget (EAGGF-G) throughout the period 2007-13. It

compensates for 60% of each grower‘s estimated losses, caused by the cut in institutional

prices in the years 2006/07 and 2007/08, and for 64.2% of such losses from 2008/09 onwards.



                                B. Trade Flows with Non-EU Countries

The EU‘s system of trade flows with non-EU countries is not undergoing great changes. It

includes import duties (common customs tariffs and additional customs duties), tariff quotas

based on preferential agreements, and export subsidies. The expectation is, however, that the

reforms introduced in the CMO‘s price regime will make cuts possible in both sugar surpluses

and the price gap with world market levels. That would limit the need for export subsidies.



                                                1. Market access




48
    For the purposes of applying the fund, dismantling production facilities in 2005/06 is viewed as
occurring in 2006/07.
49
   As a result, the reference price, net of restructuring costs, has progressively been lowered from the year
2006/07 (Table 1).
50
   This is in accordance with Art. 3.6 of Council Regulation 320/2006, OJ 2006 L 58/42 as modified by
Council Regulation 1261/2007, OJ 2007 L 283/8. The 2007 Regulation also provides for an additional
payment to growers of 237,5 euros per tonne of sugar quota renounced.
51
   With this aim in mind, the financial support available to member states for cutting back on quota sugar
is, in euros per metric tonne, 109.5 euros in 2006/07; 109.5 euros in 2007/08; 93.8 euros in 2008/09; and
78 euros in 2009/10 (Art. 6 of Council Regulation 320/2006, OJ 2006 L 58/42).
52
   Art. 10.2.

                                                      11
As far as market access is concerned, until 2006, the EU sugar market has, for all intents and

purposes, been closed to sugar imports from non-EU countries, with the exception of

preferential imports based on tariff quotas, which have basically been aimed at satisfying the

raw cane sugar supply needs of European refineries. Given the excess of sugar supply within

the EU, preferential imports have been severely limited. They have also been affected by the

application of a high tariff, stemming from the common external tariff and the special safeguard

provisions, which have made up the difference between internal and external prices.



        Table 2 shows the preferential import quotas concerning both raw cane sugar and

white sugar before and after the 2006 reform. Before the 2006 reform, the various import

quotas concerning raw cane sugar were fixed on the basis of the ‗maximum supply needs‘
                                  53                                                  54
(MSN) of European refineries,          amounting to 1,776,766 tonnes for each year.        All the quotas

were exempt of duties except the ―CXL concession‖, the only one to attract the reduced tariff of

98 euros/tonne. As for white sugar, the EU only took preferential imports from the Balkan states

(Albania, Bosnia and Herzegovina, Serbia, Montenegro, Kosovo and the Former Yugoslav

Republic of Macedonia -FYRM). These imports were part of or tied to the EU process of

stabilisation and association. They were based on the exceptional trade measures (elimination
                                                                                                 55
of quantitative limits and exemption of customs duties) in Council Regulation 2007/2000.

        After the 2006 reform, the vast majority of European sugar imports continues to receive

preferential terms, based on import quotas, but there have been changes in the quotas

amounts. Raw cane sugar imports needed to satisfy the ‗traditional or maximum supply needs‘

of European refiners have been raised because of the enlargements: the new supply received

by the refineries in Slovenia (19,585 tonnes), Bulgaria (198,748 tonnes) and Rumania (329,636
           56                                                                              57
tonnes).        These supply needs are to remain the same in 2007/08 and in 2008/09.


53
   One refinery in the United Kingdom, two in France, two in Portugal and one in Finland.
54
   They were distributed as follows: 59,925 tonnes for Finland; 296,627 tonnes for France; 291,633
tonnes for Portugal; and 1,128,581 tonnes for the UK (Art. 39.2). Over time, however, they were cut
back because of the quota reduction scheme for A and B sugar. The cuts were 12,588.2 tonnes, 2,691.5
tonnes and 14,676 tonnes, respectively, for the trade years 2002/03, 2003/04 and 2005/06 (Commission
Regulation 1745/2002, OJ 2002 L 263/31, Commission Regulation 1739/2003, OJ 2003 L 249/38, and
Commission Regulation 1609/2005, OJ 2005 L 256/15).
55
   OJ 2000 L 240/1.
56
   See Council Regulation 2011/2006, OJ 2006 L 384/1.
57
   Although Art. 2 of Commission Regulation 290/2007, OJ 2007 L 78/20, reduced traditional supply
needs to 2, 110, 371 tonnes, Commission Regulation 1263/2007, OJ 2007 L 283/15, deleted the article.

                                                    12
Table 2: Preferential imports quotas before and after the reform



Preferential import quotas                            Before the reform            After the reform (in

                                                      (in tonnes)                  tonnes)

Concerning raw sugar : ―maximum supply                              1,776,766                 2,324,735

needs of European refineries‖ (MSN)



                                      58
-    French overseas departments                                     200,000                    200,000
                                       59
-    Sugar-exporting ACP countries                                  1,300,000                 1,486,000
             60                                                               66
-    India                                                           10,000                      24,000
                         61
-    ―CXL concession‖         sugar                                   85,463                    106,925

-    Less developed countries (―Everything                           100,000             Unlimited from
                  62
     But Arms‖)                                                                                    2009

-    Special Preferential Sugar Agreement                     To cover MSN                      Expired
                        63
     with ACP nations
                             64
-    Additional Quantity                                                       -         To cover MSN
                                         65
-    Tariff quota to any third country                                         -                528,384




58
   Council Regulation 1101/95, OJ 1995 L 110/1.
59
   They include Barbados, Belize, Fiji, Guyana, the Ivory Coast, Jamaica, Kenya, Madagascar, Malawi,
Mauritius, Republic of the Congo, St Kitts and Nevis, Suriname, Swaziland, Tanzania, Trinidad and
Tobago, Uganda, Zambia and Zimbabwe. Under the conditions of Protocol Nº 3: attachment to Annex 5
of the EU-ACP Partnership Agreement (2000/483/EC, OJ 2000 L 317/3)
60
   Agreement between the EEC and the Republic of India on cane sugar, OJ 1975 L 190/36.
61
   This quota made up part of the concession package figuring in the “CXL—European Communities” list
and was aimed at respecting the EU‟s traditional import flows of sugar from Austria, Finland and Sweden
after they joined the EU in 1995 (Council Regulation 1095/96, OJ 1996 L 146/1). The countries of origin
of the sugar are, principally, Cuba and Brazil.
62
   Council Regulation 416/2001, OJ 2001 L 60/43. The regulation set an overall zero-tariff quota of
74,185 tonnes for the first year 2001/02, with the quota rising annually by 15% through the year 2008/09
(Art. 6.5). In addition, the tariff is to fall throughout the period, until it is eliminated altogether in
2008/09 (Art. 6.4). That means that sugar imports from PMA nations will be tariff-free beginning in the
year 2009/2010.
63
   Council Decision 2001/870/EC, OJ 2001 L 325/21.
64
   Marketing year 2006/07: Commission Regulation 1249/2006, OJ 2006 L 227/22, Commission
Regulation 92/2007,OJ 2007 L 22/10, and Commission Regulation 645/2007, OJ 2007 L 151/19.
Marketing year 2007/08: Commission Regulation 1545/2007, OJ 2007 L 337/67, and Commission
Regulation 97/2008, OJ 2008 L 29/3.
65
   Opening of tariff quotas for the import of raw cane sugar for refining from any third country due to the
6th enlargement (Council Regulation 508/2007, OJ 2007 L 122/1)

                                                   13
Concerning white sugar: with the Balkans
            67                                                               68
countries                                                          200,000                       380,000



-    Albania                                                            1,000                       1,000

-    Bosnia and Herzegovina                                           12,000                      12,000

-    Serbia, Montenegro and Kosovo                                   180,000                     180,000

-    FYRM                                                               7,000                       7,000

-    Croatia                                                                  -                  180,000




         As Table 2 illustrates, tariff quotas to meet EU refineries‘ raw cane sugar supply needs
                                                                                     69
have undergone various changes. The quotas for ―CXL concession‖ sugar,                    for India and for
                                        70
sugar-exporting ACP countries rise.          The Special Preferential Sugar Agreement expired at the

end of 2005/06 but was replaced by Additional Quantities which are agreed each marketing

year. Last but not least, the sixth enlargement has meant the opening of new tariff quotas for a

total of 396,288 tonnes in 2006/07 and 528,384 tonnes in both 2007/08 and 2008/09. In this




66
   From the first years of the agreement, India failed to meet its stipulated delivery commitment of 25,000
tonnes. The EU, nevertheless, granted it a new, albeit lower, quota of 10,000 tonnes to go into effect in
1983/84 (KOCH, T., «The Sugar Protocol: an Appraisal», Intereconomics, 24(6), 1989, at 293-297).
67
    European imports of white sugar from the Balkan states went from being negligible to over 300,000
tonnes in the trade year 2002/03 (European Commission The European sugar sector. Its importance and
its future, 2005). Known as the “Balkans Initiative”, the trade agreement was very attractive for the
above countries because of the large price gap between the two markets. As a result, the various national
authorities supported the development of sugar production, especially in Croatia, Serbia and Montenegro.
At the same time, EU sugar exports to the Balkans rose sharply, creating a sugar “carousel” driven by
export subsidies between the two sets of nations. Finally, an overall quota free of customs duties was set
for EU sugar imports from the Balkans for the trade year 2005/06.
68
   Commission Regulation 1004/2005,OJ 2005 L 170/18, and Commission Regulation 2151/2005, OJ
2005 L 342/26.
69
   The quota will be divided among Cuba (73,711 tonnes in 2006/07 and 58,969 tonnes from 2007/08
onwards), Brazil (29,913 tonnes in 2006/07 and 23,930 tonnes from 2007/08 onwards), Australia (17,369
tonnes in 2006/07 and 9,925 tonnes from 2007/08 onwards) and other non-EU nations (5,678 tonnes in
2006/07 and 3,977 tonnes from 2007/08 onwards), subject to the same reduced duty of 98 euros/tonnes,
as stipulated in Art. 24 of Commission Regulation 950/2006, OJ 2006 L 178/1.
70
   Commission Regulation 1545/2007, OJ 2007 L 337/67, and Commission Regulation 97/2008, OJ 2008
L 29/3.

                                                     14
case, raw cane sugar for refining can be imported from any third country and is to attract a
                                    71
reduced duty of 98 euros/tonne.

        As far as preferential imports of white sugar are concerned, the previous quota of

200,000 tonnes for sugar from the Balkans remains and is completed with a 180,000 tonnes
                     72
quota for Croatia.        On 14 March 2006, the European Commission concluded negotiations with

Croatia with a view to establishing a reciprocal sugar tariff quota that took effect on 1 January

2007. Under the agreement, the EU is to import a tariff-free quota of 180,000 tonnes of sugar

from Croatia and, in return, receive a concession that grants preferential access at a reduced
                                                                        73
tariff to the Croatian market for a volume of 80,000 tonnes of sugar.



                                          2. Export subsidies

In the case of export subsidies, compensation can still be given for the gap between the world

price and the EU price insofar as it is deemed necessary—while abiding by WTO
                  74
commitments—              to enable exports to non-EU countries of sugar that has not undergone

further transformation nor is an ingredient in transformed products. Under the binding limit of the

Uruguay Round Agreement on Agriculture, 1,374 million tonnes of exports not consumed within

the UE but bound for non-EU countries can still be supported with export subsidies. In order to

avoid abuses caused by re-importing sugar into the EU that has already benefited from export

subsidies, EU sugar cannot be subsidised for export to the Western Balkan countries.



     III. THE PRESENT CMO FOR SUGAR AND THE INTERNATIONAL DEMANDS FOR

                                          LIBERALISATION

The overhaul of the CMO for sugar in 2006 focused largely on the price regime. In keeping with

other CMO reforms introduced since 1992, the system is beginning to shift from indirect aid to

direct aid. Thus, the fall in institutional prices is accompanied by a new restructuring fund

mainly aimed at companies that have to renounce all or part of their quota, as well as a system

of direct income supports for growers. By so doing, this reform has modified the intervention



71
   Council Regulation 508/2007, OJ 2007 L 122/1.
72
   For the year 2006/07, a one-off rise of 246,500 occurred (Art. 28 of Commission Regulation 950/2006,
OJ 2006 L 178/1.
73
   Council, Document 11627/06, HR 2, AGRI 257, AGRIFIN 51, 2006.
74
   Art. 32.1.

                                                  15
mechanisms and dynamics of the sugar CMO. The question is whether these reforms address

not only the EU‘s current commitments on the international stage but also its potential

commitments.



                               A. International demands for liberalisation

In 1999, the CMO for sugar had to adapt to the Agreement on Agriculture negotiated in the

Uruguay Round of the GATT. In order to comply with the provisions of Council Regulation
           75
1101/95,        Council Regulation 2038/1999 turned variable levies into fixed tariffs and spelt out
                                                                       76
the conditions for internal market access and export subsidies.             Currently, the CMO for sugar

must meet new commitments within the framework of the WTO. These commitments include

the ruling on the EU‘s sugar CMO lack of compliance with the Uruguay Agreement, on the part

of the WTO‘s Dispute Settlement Body, as well as the multilateral negotiations in progress in

the Doha Round.
                                  77
         On 15 October 2004,           a WTO special panel condemned EU sugar export subsidies for
                                                                                                78
failing to comply with Articles 3.3 and 8 of the GATT‘s Agreement on Agriculture,                    and the
                                                                                          79
condemnation was confirmed by the WTO‘s Appellate Body on 28 April 2005.                       That is, the

panel confirmed that the EU had been exceeding the monetary limit on sugar export subsidies

as well as the maximum yearly quantity of allowable subsidised sugar since 1995. The WTO

special panel took the view that exports of C sugar benefited from indirect subsidies through

the high price guaranteed to sugar within the quotas, and that exports subsidies of white sugar



75
   OJ 1995 L 110/1.
76
   OJ 1999 L 252/1.
77
   The EU‟s system of sugar export subsidies had not been denounced earlier due to the “Peace Clause” of
9 years (from 1995-2004) included in the Uruguay Agreement (Art. XIII) (See MILLET, M. “La PAC y
las negociaciones comerciales internacionales” In Política Agraria Común: balance y perspectivas, J.L.
García Delgado and M. Josefa García Grande (eds), Colección de Estudios Económicos 34, la Caixa,
2005, 154-189)
78
     Panel Report, CMO, European Communities - Export Subsidies on Sugar, WT/DS266/R,
WT/DS265/R, WT/DS283/R, adopted 15 October 2004. Article 3.3 of the GATT‟s Agreement on
Agriculture reads: `Subject to the provisions of paragraphs 2(b) and 4 of Article 9 of this Agreement, a
Member shall not provide export subsidies listed in paragraph 1 of Article 9 in respect of the agricultural
products or groups of products specified in Section II of Part IV of its Schedule in excess of the
budgetary outlay and quantity commitment levels specified therein and shall not provide such subsidies
in respect of any agricultural product not specified in that Section of its Schedule‟. Article 8 of the
Agreement reads: „Each Member undertakes not to provide export subsidies otherwise than in conformity
with this Agreement and with the commitments as specified in that Member's Schedule.‟
79
    Appellate Body Report, CMO, European Communities – Export Subsidies on Sugar,
WT/DS266/AB/R, WT/DS265/AB/R, WT/DS283/AB/R, adopted 28 April 2005.

                                                    16
obtained from ACP raw cane sugar could not benefit from an exemption, under the prism of

development help, of the WTO export subsidies limits.

        The Dispute Settlement Body accepted the reports of the panel and the Appellate Body

on 19 May 2005. From that point, the case went to binding arbitrage in the WTO and the

outcome stipulated that the reasonable deadline would be 22 May 2006 for the EU to comply
                                                        80
with the Dispute Settlement Body‘s trade measure,            placing a limit on the EU‘s ability to export
                                                                                                  81
subsidised sugar and imposing a ban on the export of unsubsidised sugar (C sugar).                     As a

result, to comply with the Uruguay Agreement, the EU cannot export, with or without subsidies,

above the limit of 1,3 million tonnes.

        In addition, the new CMO for sugar must face up to the agricultural sector‘s advances

in liberalisation, made in the context of current multilateral negotiations. The negotiations have

proven difficult in light of the distinct positions defended by the EU, the United States and the

group of developing countries (G-20). Nevertheless, agreement was reached on the new work

programme of the Doha Round on 1 August 2004, establishing a framework for agricultural

negotiations. Although not changed in substance, the details of the framework have been
                                                                           th
updated by the latest non binding document made public the 8                    of February 2008 by Mr.

Falconer, Chairman of the Agricultural Negotiations. Table 3 offers a summary of the demands

faced by the EU, which take forward the liberalisation agreed in the Uruguay Round of GATT

on each and every one of the three pillars of the Agreement on Agriculture: domestic support,

market access and export subsidies.



Table 3: Summary of Demands on the Agricultural Sector Made in the Doha Round



Domestic Support                                     The amber box is to be reduced by 70%.

                                                     The blue box is to be limited to a maximum of 2.5%
                                                                                                       82
                                                     of the period 1995-2000 total production value.



80
   Art. 21.3(c) of the Text of Understanding concerning the settlement of disputes establishes that the
reasonable deadline that shall be granted to an infringing nation to eliminate the measure in question
must not exceed fifteen months, except in given circumstances.
81
   The European Commission suspended the application process for C sugar export certificates, effective
23 May 2006 (Commission Regulation 769/2006, OJ 2006 L 134/19).
82
   Countries, like the EU, with more than 40% of the support that was to be banned in 1995-2000 included
in the blue box, would use a different system to calculate the reduction required. They may have to reduce
the blue box in the same percentage required for the AMS. In the EU case, that would imply a 70%

                                                   17
                                                   The minimis is to be reduced by 50-60%



Market access                                      Tariffs average reduction of between 48% and

                                                   73%. The highest reductions are to be applied to

                                                   products with the highest tariffs.

                                                   Sensitive products are not to exceed between 4%

                                                   and 6% of the tariff lines.



Export Subsidies                                   To be eliminated by 2013, but the greatest

                                                   percentage of reduction must occur in 2010.



Source: MILLET, M. and P. GARCIA-DURAN, «La PAC face aux défis du cycle de Doha», 494 Revue du

Marché Commun et de l’Union Européenne 16 (2006), at 16-23 ; and WTO document TN/AG/W/4/Rev.1

of 8 February 2008.




        In terms of domestic support, a substantial reduction is required in aid that most

negatively affects international trade: amber-box aid and blue-box aid. The Agreement on

Agriculture of the Uruguay Round categorises three kinds of support in these so-called ‗boxes‘

as well as the so-called minimis. Allowable aid falls in the ‗green box‘ and includes public

spending on general services, natural disasters, regional and environmental development

programmes, research and development, and income support to producers that is not linked to

production decisions. Support to be banned falls in the ‗amber box‘ and includes price and

agricultural production supports. Amber-box supports are set by the Aggregate Measure of

Support (AMS). In addition, thanks to the Blair House Accord reached between the United

States and the EU in December 1992, direct payments to producers based on historical yields
                                                      83
were included in what is known as the ‗blue box‘,          but were safeguarded by an acreage and

livestock reduction programme. Last but not least, the minimis allows each country to give aid

up to 10% of the total value of production, which in other case would be considered ‗amber

reduction.
83
   The blue box has permitted direct support established in the CAP reform of 1992 to be exempted from
reduction commitments, even though they are related to agriculture production.

                                                 18
box‘. Since the UE-15 has never used this possibility, demands on the reduction of aid

accounted in the minimis would not suppose a challenge.

        As for market access, sizeable tariff reductions are also demanded. To ensure that the

reductions are substantial at all tariff levels, the highest tariffs are to be lowered by the greatest

proportion and ‗temporary‘ tariff increases will be not permitted through use of the special
                        84
safeguard provisions.        All the members of the CMO will, however, be able to designate a

number of tariff lines as sensitive products, which will be subject to a lower reduction in tariffs.

        Export subsidies, according to the agreement reached at the Sixth Ministerial

Conference in Hong Kong in December 2005, are to be completely eliminated. They are to be

phased out between 2010 and 2013, with the proviso that the highest percentage of reduction

must occur in 2010.



                                   B. Impact on the CMO for sugar

The agreement to reform the European sugar regime was reached after the substance of these

new commitments within the framework of the WTO had been undertaken. The following

analysis shows that the 2006 CMO for sugar makes possible not only to fully comply with the

Uruguay Agreement on Agriculture but also to face the multilateral negotiations being pursued

in the Doha Round.

        The pre-2006 regime of high prices was a production incentive, first giving rise to

surpluses in the eighties. As shown in Table 4, the sugar supply in the European market, which

included all A, B and C sugar produced by the European sugar industry and refinery imports of,

largely, raw cane sugar, was far in excess of internal consumption levels through the period
                       85
2000/01 to 2004/05.          The EU generated yearly production surpluses of around 6 million

tonnes, which were exported on the international market, half of them with the support of

subsidies. This was the largest outlet for surpluses, given that annual subsidised sugar exports

exceeded the limit adopted in the Uruguay Round.


84
  It is, however, contemplated that developing countries may apply the special safeguard provisions.
85
   Unsurprisingly, the EU ceased to be one of the principal sugar-importing economies in the mid-sixties
and instead became the second-largest sugar exporter in the world (behind Brazil) at the beginning of the
eighties. It is also unsurprising that the EU has been attacked on numerous occasions for dumping sugar
on non-EU markets. As a consequence, it can be argued that EU sugar policy has helped to depress world
prices and, therefore, distort the world market.


                                                   19
Table 4: Balance Sheet for the European Sugar Market 2000-2005.

(In thousands of tonnes)



                                 EU-15                                                    EU-25

                                         2000/01        2001/02    2002/03      2003/04   2004/05



1. Production                            17,015         14,893     16,676       15,501    19,828

 Quotas for A and B Sugar                13,240         13,573     13,407       13,421    16,762

 C Sugar                                 3,775          1,320      3,269        2,080     3,066

2. Imports                               2,409          2,611      2,502        2,523     2,785



Supply (1 +2)                            19,424         17,504     19,178       18,024    22,613



3. Consumption                           12,900         12,942     12,914       12,992    15,237

4. Exports                               6,720          4,639      6,213        5,187     5,932

 Quotas for A and B Sugar +

 Refined raw cane sugar                  2,945          3,319      2,945        3,107     2,865

 C Sugar                                 3,775          1,320      3,268        2,080     3,067



Limit on Subsidised Exports              1,273.5        1,273.5    1,273.5      1,273.5   1,273.5

Adopted in the Uruguay Round

for EU-15



Demand (3+4)                             19,620         17,581     19,127       18,179    21,169




Note: The numerical discrepancy between supply and demand is statistical in nature.



Source: European Commission, Directorate-General for Agriculture and Rural Development. 2006




         Cutting intervention prices needs to bring about an adjustment in production and,

therefore, falling surpluses. As Table 5 shows, the 2006 reform has brought about an


                                                   20
adjustment in production. Commission sugar market projections for 2004-2014 expect a

reduction of sugar production in the EU of almost 5 million tonnes from 2005 to 2014.




Table 5: Sugar market projections 2004-2014

(In millions of tonnes)

                           2004 2005 2006*      2007 2008         2009   2010   2011    2012 2013     2014

1. Production             19,6    20,3   17,4   16,1    16,4      16,6   16,8   16,7    15,2   15,7    15,6

2. Imports (based           3,2    3,0    4,1    3,8        4,1    4,2    4,4    4,4     4,4    4,4     4,4

on quotas)



Supply (1 +2)             22,8    23,3   21,5   19,9    20,5      20,8   21,2   21,1    19,6   20,1    20,0



3. Consumption            16,1    17,0   17,4   18,6    19,2      19,4   19,8   20,1    20,5   20,8    20,9

4. Exports                4,9      6,7    2,2    2,2        1,3    1,3    1,3    1,3     0,9    0,7     0,3



Demand (3+4)



Ending Stocks             21,0    23,7   19,6   20,8    20,5      20,7   21,3   21,4    21,4   21,5    21,2



                          6,3      8,2    7,3    7,3        7,3    7,4    7,1    5,4     4,0    4,0     2,9




Source: European Commission ―Prospects for agricultural markets and income in the EU‖ 2007

* The analysis assumes a 12 month campaign year 2006/07. In fact, the campaign was exceptionally

prolongued to 15 months. Therefore, figures for 2006 should be interpreted with care.




         This adjustment in production has not been symmetric among enterprises nor among

member states. Instead of making a lineal adjustment of quotas, the reform allows for a market-

led adjustment. The purpose of the restructuring fund is precisely to compensate for the

asymmetric effects on the industry of the price reduction. Moreover, as seen earlier in this

article, the temporary withdrawal measure for quota sugar for the trade year 2007/08 exempted



                                                       21
certain undertakings and reduced the withdrawal percentage of nine Member States in which at

least 50% of the national sugar quota had been released from 1 July 2006.
                                                         86
        In any case, according to the Commission,             to comply with the WTO panel, the 2006

reform should allow for a decrease of internal production of 6 million tonnes. So far, only 4.84

million tonnes have been renounced within the restructuring scheme (2,2 millions tonnes in

2006 and 2007; 2,5 millions in 2008/09 and 0,1 million for 2009/2010). Nevertheless, the
                                                                                                  87
restructuring fund expires in 2009/2010, so that further renounces cannot be excluded,                 and

the reform has broadened the array of management instruments that address the production

surpluses of the CMO for sugar. In addition to the system for transferring quotas among

companies, the mechanism for carrying over sugar to the following year, and the buy/sell

operations of the national intervention boards, all of which existed previously, companies can

receive aid to store sugar and are to be penalised for production of additional quota sugar that

is surplus and has no specific use and, last but not least, the European Commission can now

withdraw sugar for a period deemed necessary. If, by 2010, insufficient quota has been

renounced within the restructuring scheme, the Commission has the mandate to make new

compulsory quota cuts, with no financial compensation, like the temporary quota withdrawal

measure agreed for the trade year 2007/08. Based on the 4.84 millions tonnes of renunciations

at this stage, the quantity to be cut in 2010 would be 1.16 million tonnes. The 2006 CMO for

sugar has now the instruments to comply with the WTO 2005 panel decision.

        Regarding the capacity of the 2006 CMO for sugar to face the Doha Round, in the area

of domestic support, cutting the intervention price for sugar by 36% allows for substantial

cutbacks in the amount of domestic aid given within the EU. In particular, reduced aid to the
                                                                                                       88
sugar sector makes for 44,6% of the EU‘s AMS reduction coming out of the CAP reforms.                       It

represents a reform, therefore, that clearly helps the EU to comply with Doha demands in this

area. It must also be borne in mind that the restructuring fund and direct aid to growers are



86
   IP/08/306 of 26 February 2008.
87
   To encourage further renunciation of quotas, Council Regulation 1261/2007, OJ 2007 L 283/8,
provides for an additional payment to growers of sugar beet and cane that give up on their own initiative
their production intended to be processed into quota sugar. In such cases, Member States should reduce
the quota of the sugar undertakings concerned.
88
   See MILLET, M. and P. GARCIA-DURAN, «La PAC face aux défis du cycle de Doha», 494 Revue
du Marché Commun et de l’Union Européenne 16 (2006), at 16-23; and MILLET, M. and P. GARCIA-
DURAN, «La Política Agrícola Común ante las negociaciones de Doha», 257 Noticias de la Unión
Europea 93 (2006), at 93-112.

                                                   22
green-box supports. In other words, they are allowable supports that are not subject to calls for

reductions.

         As for market access, the EU‘s proposal for sugar tariffs is also the 36% cut in prices.

This would be sufficient if the EU managed to have sugar considered a ‗sensitive product‘,

especially taking into account that it will no longer have recourse to the special safeguard

provisions. On 1 August 2004, when the new work programme of the Doha Round was

approved, a tiered formula was agreed as necessary to go forward with tariff reduction. Under

the formula, the highest tariffs would be the most severely cut. According to the latest available
                                                                                                    89
data, tariffs over 75% would, in principle, be subject to a cut of between 66% and 73%.                  The

large gap between EU and world sugar prices makes it difficult for the EU to tackle the removal
                                      90
of sugar tariffs to such an extent.        According to OECD data, the EU price will still run at almost
                                                    91
twice the world price in the year 2010/2011.             As a result, the expectation is that the EU will

negotiate in favour of listing sugar as a ‗sensitive product‘ so that it attracts a less severe tariff

cut.
                                                                  th
         In the non binding document made public the 8 of February 2008 by Mr. Falconer,

sensitive products may deviate in three different ways from the otherwise applicable tiered

reduction formula. This deviation may be one-third, one-half or two thirds of the reduction that

would otherwise have been required. Tariff quotas derived from these provisions, however,

shall result in new access opportunities to the domestic market. Since the EU sugar tariff is
                    92
greater than 75%,        the EU would have to chose the one-half reduction to make it level with the

internal price reduction (of 36%). In that case, the new access opportunities to be opened by

the EU in the sugar market would be equivalent to between 4 to 5% of domestic consumption,
                                            93
that is, of more than 700,000 tonnes.




89
   See MILLET, M. and P. GARCIA-DURAN, Ibid 2006, and WTO document TN/AG/W/4/Rev.1 of 8
February 2008.
90
   That would lead to massive sugar imports from non-EU competitors and leading sugar-producing
countries (especially Brazil, Australia and Thailand), which would put internal production in jeopardy.
91
   The forecast is for an EU price of 404.4 euros/tonnes and a world price of 213,1 euros/tonnes (OECD,
Agricultural Outlook 2007-2016, 2007).
92
   Sugar tariffs are not ad valorem and the methodology set out in Annex A to TN/AG/W/3 of 12 July
2006 to calculate ad valorem equivalents (AVEs) does not apply to them. Nevertheless, there is no doubt
that EU sugar tariffs are in the highest band of the tiered formula as the key variable to calculate AVEs is
the diference between the domestic price and the world price.
93
   The calculation has been made on 2002-2004 average data for EU-25 sugar consumption. Data
obtained from unpublished sources.

                                                      23
             This new market access compromise may constitute a threat to the stability of the

internal market. This amount of imports would have to be added to the 4,4 million tonnes that,

as seen in table 5, the EU is expected to receive from 2010 onwards through tariff quotas that

address its commitments to developing and neighbouring countries, such as the new annual

import quotas granted to sugar from the Western Balkans. The total may be further increased

under the EU commitment to eliminate quotas and tariffs on sugar imported from the less

developed countries from 2009 onwards (‗Everything But Arms‘ Agreement). Moreover, all the

new economic partnership agreements (EPA) with the sugar-exporting ACP countries

contemplate special provisions for sugar that de facto maintain the previous import quotas until
        94
2015.

             The reform may prepare the CMO for sugar to tackle the third area of international

demands: export subsidies, but only in the long term. Cutting intervention prices and applying

the new management instruments should lead to a more stable internal market, i.e. one that is

capable of dealing with surpluses without relying on export subsidies to reach the external

market. In fact, the Financial Outlook 2007-2013 did not foresee the need to fund export
                                            95
subsidies for sugar from 2009 onwards.           The 2006 financial figures for the overhaul of the

CMO for sugar, only reflect forecasted spending on export subsidies for the years 2007 (396

million euros) and 2008 (30 million euros). There was no expectation of a need for exports

subsidies from 2009 onwards. This would have made it possible to face up to any commitments

adopted in the Doha Round including the 2005 developed countries agreement to eliminate all

export subsidies on agricultural products by 2013. The Commission 2007 sugar market

projections for 2004-2014, detailed in Table 5 indicate, nevertheless, that the EU will only be

able to export under the WTO limit of subsidised exports after 2011.




94
   The Council has denounced, on behalf of the Community, both the Agreement between the European
Economic Community and the Republic of India on cane sugar (Council Decision 2007/626/EC, OJ 2007
L 255/37) and the Protocol 3 on ACP sugar appearing in the ACP-EEC Convention of Lomé and the
corresponding declarations annexed to that Convention (Council Decision 2007/627/EC, OJ 2007 L
255/38). However, in the first EPA finalised, the Sugar Protocol has been replaced by a new compromise
that maintains and even increases the old quota till 2015 through a transitional automatic safeguard
mechanism (CARIFORUM-EU Economic Partnership Agreement, February 2008, in special Art. 25 and
Annex 2 of the Agreement, http://ec.europa.eu/trade/issues/bilateral/regions/acp/pr220208_en.htm, last
visited 28 may 2008).
95
   Council Document 7978/06, AGRIFIN 29, FIN 114, AGRIORG 34, 10 April 2006. To achieve
budgetary neutrality, the reform was to be financed with the savings obtained with the elimination of
exports subsidies.

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                                       IV. CONCLUSION

The 2006 reform of the CMO for sugar focused largely on the price regime. By cutting

intervention prices by 36%, the reform allows for a market-led adjustment that is compensated

with the restructuring fund as well as a system of direct income support for growers. The result

is an asymmetric (between countries and producers) reduction in production.

        The Financial Outlook for 2007-2013 indicates that this reduction in production was

expected to allow compliance not only with the WTO panel decision, placing a limit on the EU‘s

ability to export subsidised sugar and imposing a ban on the export of unsubsidised sugar (C

sugar), but also with the more ambitious Doha 2005 developed countries agreement, to

eliminate all export subsidies on agricultural products by 2013. So far, however, Commission‘s

figures indicate that market restructuring has been less pronounced than expected. In fact, a

temporary quota withdrawal measure was agreed for 2007/08 and another one may be

necessary in 2009/10. In addition, sugar exports are expected to remain on the WTO limit for

subsidized exports until 2012. In other words, the adjustment in production and the use of new

instruments to manage surpluses mean that export subsidies can be eliminated but later than

expected.

        Domestic price reduction was also to allow for more market access, that is, to take on a

certain lowering of tariffs in accordance to Doha demands concerning sensitive products and to

face the ‗Everything But Arms‘ Agreement. The Doha non-binding document of February 2008

indicates that the 36% cut can be sufficient to comply with the applicable reduction formula.

However, it also indicates that the less severe tariff cut shall result in new access opportunities

to the domestic market equivalent to between 4 to 5% of domestic consumption. Previous and

new market access compromises may constitute a threat to the stability of the EU internal

sugar market.

        Last but not least, the reform helps, as expected, the EU to comply with Doha demands

in the area of domestic support. EU ‗amber-box‘ support can be reduced as consequence both

of cutting sugar intervention prices and of the shift from indirect aid to direct aid (‗green-box‘

support).

        To sum up, the Doha Round has had an impact on the reform of the European sugar

regime. The results indicate that the reform was undertaken not only to accommodate the ruling



                                                25
against the EU‘s system of sugar export subsidies, on the part of the WTO‘s Dispute Settlement

Body, but also with an eye on the trade negotiations in progress in the Doha Round.

        This reform, however, may be counterproductive for the conclusion of the international

negotiations as a new agreement on agriculture is the key issue in the Doha Round. Having

made the 2006 effort, the EU may be less willing to address new international demands for

lower domestic support, more tariff cuts and the free entry of sugar from more third countries.

The comparison between the reform and the Doha Round calls for liberalisation evidences that

the former does the least necessary to comply with the latter. The 2006 reform was designed to

comply with the Uruguay Round and to prepare for the more ambitious demands of the Doha

Round but it was not designed to fully liberalize the European sugar regime. The European

sugar market continues to be regulated through institutional prices, quotas and preferential

imports and to provide for export subsidies.




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