8.12.2009 Official Journal of the European Union L 321/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COMMISSION REGULATION (EC) No 1193/2009 of 3 November 2009 correcting Regulations (EC) No 1762/2003, (EC) No 1775/2004, (EC) No 1686/2005, (EC) No 164/2007 and fixing the production levies in the sugar sector for marketing years 2002/2003, 2003/2004, 2004/2005, 2005/2006 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector ('), and in particular the first indent of Article 15(8) and Article 16(5) thereof, Whereas: 1) N - In accordance with Article 8 of Commission Regulation (EC) No 314/2002 of 20 February 2002 laying down detailed rules for the application of the quota system in the sugar sector (3), the production levies were set as follows: — for the marketing year 2002/2003 by Commission Regulation (EC) No 1762/2003 (3), — for the marketing year 2003/2004 by Commission Regulation (EC) No 1775/2004 (%), — for the marketing year 2004/2005 by Commission Regulation (EC) No 1686/2005 (°), and OJ L 178, 30.6.2001, p. 1. The Regulation (EC) No 1260/2001 was repealed and replaced as from the marketing year 2006/2007 by Council Regulation (EC) No 318/2006 which was repealed and replaced by Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agri- cultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (O] L 299, 16.11.2007, p. 1.). OJ L 50, 21.2.2002, p. 40. The Regulation (EC) No 3142002 was repealed and replaced by Commission Regulation (EC) No 952/2006 (O] L 178, 1.7.2006, p. 39.). () O] L 254, 8.10.2003, p. 4. (4 O] L 316, 15.10.2004, p. 64. () O] L 271, 15.10.2005, p. 12. — for the marketing year 2005/2006 by Commission Regulation (EC) No 164/2007 (°). On 8 May 2008 the Court of Justice of the European Communities delivered its judgment in joined cases C-5/06 and C-23/06 to C-36/06 in which it is stated that Article 15(1)(d) of Regulation (EC) No 1260/2001 is to be interpreted as meaning that all the quantities of exported products which fall under that Article, regardless of whether or not refunds have actually been paid, are to be taken into account for the purpose of calculating the estimated average loss per tonne of product. Consequently, the Court declared invalid the Commission Regulations (EC) No 1762/2003 of 7 October 2003 fixing the production levies in the sugar sector for the 2002/2003 marketing year and (EC) No 1775/2004 of 14 October 2004 setting the production levies in the sugar sector for the 2003/2004 marketing year. Following the same reasoning for the purpose of calcu- lating the estimated average loss per tonne of product within the meaning of Article 15(1)(d) of Regulation (EC) No 1260/2001, by the Orders of 6 October 2008 in joined cases C-175/07 to C-184/07 as well as in cases C-466/06 and C-200/06, the Court declared invalid the Commission Regulation (EC) No 1686/2005 of 14 October 2005 setting the production levies and the coefficient for the additional levy in the sugar sector for the 2004/2005 marketing year. The method invalidated by the Court for the marketing years 2002/2003, 2003/2004 and 2004/2005 was also applied for the marketing year 2005/2006. Therefore, new sugar production levies for this marketing year have to be fixed following the new calculation method. () O] L 51, 20.2.2007, p. 17.