Commission Regulation (EC) No 769/2006 of  19 May 2006  suspending the lodging of applications for export licences for C sugar from  23 May 2006  and amending Regulation (EC) No 493/2006 as regards the transitional measures applicable to C sugar
Date: 2006-05-19
Institutions: European Commission
Subjects: export licence, sugar

20.5.2006

EN

Official Journal of the European Union

L 134/19

COMMISSION REGULATION (EC) No 769/2006

of 19 May 2006

suspending the lodging of applications for export licences for C sugar from 23 May 2006 and
amending Regulation (EC) No 493/2006 as regards the transitional measures applicable to C sugar

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 318/2006 of 20
February 2006 on the common organisation of the markets in
the sugar sector (1), and in particular Article 44 thereof,

Whereas:

(1)

(2)

(3)

the
The Agreement on Agriculture concluded under
Uruguay Round of multilateral trade negotiations (2) in
accordance with Article 300 of the Treaty contains limits
on the quantity and value of exports subsidised by the
Community. As a result of the conclusions of the World
Trade Organisation’s (WTO) Appellate Body of 19 May
2005, exports of C sugar must be taken into account in
those limits. The Community has been granted a period
ending on 22 May 2006 to comply with its WTO obli-
gations.

Article 13(1) of Council Regulation (EC) No 1260/2001
of 19 June 2001 on the common organisation of the
markets in the sugar sector (3) provides in particular for
an obligation to export C sugar not carried forward.
Regulation (EC) No 318/2006, which applies from 1
July 2006, no longer includes such an obligation for
non-quota sugar produced in respect of the 2006/07
marketing year. Article 44 of that Regulation provides
for the possibility of adopting transitional measures to
facilitate the transition from the market situation in the
2005/06 marketing year to the market situation in the
2006/07 marketing year, and the derogations required to
ensure compliance by the Community with its interna-
tional obligations with regard to C sugar produced in
respect of the 2005/06 marketing year.

In accordance with Article 44 of Regulation (EC) No
318/2006, Article 2(1) of Commission Regulation (EC)
No 493/2006 of 27 March 2006 laying down transi-
tional measures within the framework of the reform of
the common organisation of the markets in the sugar
sector, and amending Regulations (EC) No 1265/2001
and (EC) No 314/2002 (4), from 1 July 2006 C sugar
the 2005/06 marketing year
produced in respect of

(1) OJ L 58, 28.2.2006, p. 1.
(2) OJ L 336, 23.12.1994, p. 22.
(3) OJ L 178, 30.6.2001, p. 1. Regulation as repealed by Regulation

(EC) No 318/2006.

(4) OJ L 89, 28.3.2006, p. 11.

which cannot be carried forward or exported is to be
considered non-quota sugar as referred to in Regulation
(EC) No 318/2006, produced in respect of the 2006/07
marketing year.

Article 27(14) of Council Regulation (EC) No 1260/2001
provides that compliance with the restrictions on volume
resulting from agreements concluded under Article 300
of
the Treaty is to be ensured by means of export
licences issued for the reference periods provided for in
such agreements.

As a result, taking into account the obligations of the
European Community under the WTO agreements, a
derogation from the obligation to export C sugar
should be laid down by suspending the lodging of appli-
cations for export licences for C sugar from 23 May
2006, and the transitional arrangements provided for
in Article 2 of Regulation (EC) No 493/2006 should
be applied to C sugar not exported under an export
licence issued before 23 May 2006.

Regulation (EC) No 493/2006 should therefore be
amended accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Sugar,

(4)

(5)

(6)

(7)

HAS ADOPTED THIS REGULATION:

Article 1

The lodging of applications for export licences for C sugar in
accordance with Commission Regulation (EC) No 1464/95 (5) is
hereby suspended from 23 May 2006. Applications for export
licences submitted during the period of suspension shall be
inadmissible.

Export licences for C sugar issued but not used by 22 May
2006 may be returned to the issuing body during their
In such cases, notwithstanding Article 35
period of validity.
of Commission Regulation (EC) No 1291/2000 (6),
the
security shall be released immediately.

(5) OJ L 144, 28.6.1995, p. 14.
(6) OJ L 152, 24.6.2000, p. 1.

L 134/20

EN

Official Journal of the European Union

20.5.2006

Article 2

Regulation (EC) No 493/2006 is hereby amended as follows:

1. Article 2(1) is replaced by the following:

‘1. Without prejudice to decisions to carry forward taken
in accordance with Article 1 of this Regulation, C sugar from
the 2005/06 marketing year not exported under an export
licence issued before 23 May 2006 shall be considered, from
that date, to be non-quota sugar, as referred to in Article 12
of Regulation (EC) No 318/2006, produced in respect of the
2006/07 marketing year.’;

2. the following sentence is added to the second paragraph of

Article 13:

‘Article 2 shall apply from 23 May 2006.’

Article 3

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

It shall apply from 23 May 2006.

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

Done at Brussels, 19 May 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission