Judgment_paragraph 3 · Suproco NV v Commission of the European Communities (T-101/03)

3In the light of the difficulties associated with the supply of raw materials and the establishment by the Community of safeguard measures, in particular for sugar cumulating ACP/OCT origin, Suproco began to market sugar on the basis of the so-called ‘30/70’ regime, which was initially provided for in Annex 2 to Annex II to Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community (OJ 1991 L 263, p. 1). That regime makes it possible to obtain an OCT origin for sugar on the condition that the value of the cane-sugar or sugar beet and of the chemically pure sucrose that are used, regardless of their origin, does not exceed 30% of the product's ex-works price. Under that regime, the applicant coloured and flavoured sugar originating from Colombia by using treacle.