# Commission Implementing Regulation (EU) No 1278/2014Show full title

Commission Implementing Regulation (EU) No 1278/2014 of 1 December 2014 amending Regulations (EC) No 967/2006, (EC) No 828/2009,            (EC) No 891/2009 and Implementing Regulation (EU) No 75/2013         

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# Commission Implementing Regulation (EU) No 1278/2014                     

# of 1 December 2014

# amending Regulations (EC) No 967/2006, (EC) No 828/2009, (EC) No 891/2009 and Implementing Regulation (EU) No 75/2013

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing                           a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No                           234/79, (EC) No 1037/2001 and (EC) No 1234/2007(1), and in particular Articles 144(c), 144(j), 178(b), 178(f), 178(h), Article 180 and Articles 182(4) and 192(5) thereof,                        

Whereas:

(1)Regulation (EU) No 1308/2013 provides for the extension of the sugar quota regime until 30 September 2017 and introduces changes                              in that regime. It is therefore necessary to adapt certain Regulations in the sugar sector.

(2)For reasons of clarity, it is necessary to amend Article 4(1)(a) of Commission Regulation (EC) No 967/2006(2) so as to exactly correspond to Article 140(1)(b) of Regulation (EU) No 1308/2013 which establishes that industrial sugar,                              industrial isoglucose or industrial inulin must have been delivered to the user on 30 November of the following marketing                              year at the latest.

(3)Regulation (EC) No 967/2006 sets the deadlines for communications from the Member States to the Commission of quantities carried                              forward by the undertakings in application of Article 141 of Regulation (EU) No 1308/2013. In view of the new dates for communications                              by undertakings to the Member States set out in that Article, the deadlines set out in Article 17 of Regulation (EC) No 967/2006                              need to be adapted accordingly.

(4)Commission Regulation (EC) No 828/2009(3) lays down rules for imports of sugar products of tariff heading 1701 under preferential agreements until the 2014/2015 marketing                              year. Article 4(4) of that Regulation establishes the list of documents that shall accompany the import licence applications                              and lays down that export licences may be replaced by certified copies. In view of technical developments and to simplify                              procedures, electronic transmission of export licences should be allowed under certain conditions.

(5)Considering that imports under certain preferential regimes are not subject to a limited quota quantity, it is opportune to                              facilitate customs procedures by allowing a customary level of tolerance of maximum 5 % in licences for preferential sugar                              imports.

(6)Commission Regulation (EU) No 1006/2011(4) amended Council Regulation (EEC) No 2658/87(5) by changing some of the CN codes applicable to sugar. The new CN codes have already been given to the products covered by                              Regulation (EC) No 828/2009 and Commission Regulation (EC) No 891/2009(6) and are already being used in practice by Member States' customs authorities. Therefore, a technical adjustment of the CN                              codes referred to in those Regulations is opportune.

(7)The Commission has developed an information system that allows managing documents and procedures electronically in its own                              internal working procedures and in its relations with the authorities involved in the common agricultural policy. It is considered                              that the notification obligations provided for in Regulation (EC) No 828/2009 can be fulfilled via that system in accordance                              with Commission Regulation (EC) No 792/2009(7).

(8)In view of the market conditions and forecast prevailing at the time, Commission Implementing Regulation (EU) No 75/2013(8) provided for the non-application of additional import duties for some sugar products until the end of the marketing year                              2014/2015. In view of the extension of the sugar quota regime and considering that the market forecast does not substantially                              change until the end of the quota regime, the non-application of additional import duties for those sugar products should                              be extended until 30 September 2017.

(9)Regulations (EC) No 967/2006, (EC) No 828/2009, (EC) No 891/2009 and Implementing Regulation (EU) No 75/2013 should therefore                              be amended accordingly.

(10)The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time                              limit set by its Chair,

HAS ADOPTED THIS REGULATION:

## Article 1U.K.Amendments to Regulation (EC) No 967/2006

Regulation (EC) No 967/2006 is amended as follows:

in Article 4(1), point (a) is replaced by the following:

### ‘(a)delivered to a processor on 30 November of the following marketing year at the latest to be used in the manufacture of the                                    products referred to in the Annex;’;

in Article 17, points (a) and (b) are replaced by the following:

### ‘(a)not later than 15 September, the quantities of beet sugar, inulin syrup and cane sugar from the current marketing year to                                    be carried forward to the next marketing year;’.

## Article 2U.K.Amendments to Regulation (EC) No 828/2009

Regulation (EC) No 828/2009 is amended as follows:

Article 4 is amended as follows:

in paragraph 4, the following subparagraph is added:

‘Electronic or facsimile copies of the export licences referred to in point (b) of the first subparagraph, or of the certified                                          copies referred to in the second subparagraph, may be submitted in place of the originals in support of import licence applications                                          provided that the originals are submitted by the applicant to the competent authorities of the Member States at the point                                          of customs clearance of the import licence prior to customs clearance of the goods covered by the import licence issued on                                          the strength of the electronic or facsimile copies.’;                                    

in paragraph 6, ‘a document’ shall be replaced by ‘an original, electronic, or facsimile document’;

the following paragraph 7 is added:

‘7.Article 48(1) and (4) of Regulation (EC) No 376/2008 shall not apply where the quantity of sugar imported under this Regulation                                             is greater by not more than 5 % of the quantity indicated in the import licence. The additional quantity shall be considered                                             to have been imported under that licence’;                                    

Article 8 is amended as follows:

in the first paragraph, CN code ‘1701 11 10’ is replaced by ‘1701 13 10, 1701 14 10’,

in the second paragraph, CN code ‘1701 11 90’ is replaced by ‘1701 13 90, 1701 14 90’;

in Article 9, paragraph 6 is replaced by the following:

‘6.The notifications referred to in this Regulation shall be made in accordance with Commission Regulation (EC) No 792/2009(9).’.                           

## Article 3U.K.Amendments to Regulation (EC) No 891/2009

Regulation (EC) No 891/2009 is amended as follows:

in Article 13(1), CN code ‘1701 11 90’ is replaced by ‘1701 13 90, 1701 14 90’;

in Annex I, Part I, CN code ‘1701 11 10’ is replaced by ‘1701 13 10 and 1701 14 10’.

## Article 4U.K.Amendment to Implementing Regulation (EU) No 75/2013

In Article 1 of Implementing Regulation (EU) No 75/2013, ‘30 September 2015’ is replaced by ‘30 September 2017’.

## Article 5U.K.Entry into force

This Regulation shall enter into force on the third day following that of its publication in the *Official Journal of the European Union*.                  

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 1 December 2014.

*For the Commission*                            

*The President*                            

Jean-Claude Juncker                            

1

OJ L 347, 20.12.2013, p. 671.                           

2

Commission Regulation (EC) No 967/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation                              (EC) No 318/2006 as regards sugar production in excess of the quota (OJ L 176, 30.6.2006, p. 22).                           

3

Commission Regulation (EC) No 828/2009 of 10 September 2009 laying down detailed rules of application for the marketing years                              2009/2010 to 2014/2015 for the import and refining of sugar products of tariff heading 1701 under preferential agreements                              (OJ L 240, 11.9.2009, p. 14).                           

4

Commission Regulation (EU) No 1006/2011 of 27 September 2011 amending Annex I to Council Regulation (EEC) No 2658/87 on the                              tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 282, 28.10.2011, p. 1).                           

5

Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff                              (OJ L 256, 7.9.1987, p. 1).                           

6

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 (OJ L 254, 26.9.2009, p. 82).                           

7

Commission Regulation (EC) No 792/2009 of 31 August 2009 laying down detailed rules for the Member States' notification to                              the Commission of information and documents in implementation of the common organisation of the markets, the direct payments'                              regime, the promotion of agricultural products and the regimes applicable to the outermost regions and the smaller Aegean                              islands (OJ L 228, 1.9.2009, p. 3).                           

8

Commission Implementing Regulation (EU) No 75/2013 of 25 January 2013 derogating from Regulation (EC) No 951/2006 as regards                              the application of representative prices and additional import duties for certain products in the sugar sector and repealing                              Implementing Regulation (EU) No 892/2012 fixing the representative prices and additional import duties for certain products                              in the sugar sector for the 2012/2013 marketing year (OJ L 26, 26.1.2013, p. 19).                           

9

Commission Regulation (EC) No 792/2009 of 31 August 2009 laying down detailed rules for the Member States' notification to                              the Commission of information and documents in implementation of the common organisation of the markets, the direct payments'                              regime, the promotion of agricultural products and the regimes applicable to the outermost regions and the smaller Aegean                              islands (OJ L 228, 1.9.2009, p. 3).’