Commission Regulation (EC) No 975/2007 of 21 August 2007 fixing the quantitative limit for the exports of out-of-quota isoglucose for the period from 1 August to 30 September 2007
Date: 2007-08-21
Institutions: European Commission
Subjects: export, export licence, isoglucose, production surplus, quantitative restriction

22.8.2007

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 975/2007

of 21 August 2007

fixing the quantitative limit for the exports of out-of-quota isoglucose for the period from 1 August
to 30 September 2007

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 12(d) thereof,

Whereas:

(1)

(2)

(3)

(4)

According to Article 12(d) of Regulation (EC) No
318/2006 the isoglucose produced in excess of
the
quota referred to in Article 7 of that Regulation can be
exported only within the quantitative limit to be fixed.

For some of the Community producers of
isoglucose
exports from the Community represent an important
part of their economic activities and they have estab-
lished traditional markets outside the Community as
well. Exports of isoglucose to these markets could be
economically
export
refunds. To that end it is necessary to fix a quantitative
the
for out-of-quota isoglucose exports so that
limit
Community producers
to
concerned may continue
supply their traditional markets.

also without

granting

viable

For the period from 1 August to 30 September 2007 it
is estimated that fixing the quantitative limit at 20 000
tonnes, dry matter, for out-of-quota isoglucose exports
would correspond to the market demand.

A preventive withdrawal of certain quantities of sugar,
isoglucose and inulin syrup was provided for in respect
of
the 2006/2007 marketing year by Article 3 of
Commission Regulation (EC) No 493/2006 of 27
March 2006 laying down transitional measures within
the framework of the reform of the common organ-
and
isation of

the markets

in the

sector,

sugar

(1) OJ L 58, 28.2.2006, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 247/2007 (OJ L 69, 9.3.2007,
p. 3).

the possibilities provided for

amending Regulations (EC) No 1265/2001 and (EC) No
314/2002 (2). The undertakings concerned could request
that the quantities of their production affected by that
measure be considered fully or partially to be produced
in excess of their respective quotas, thus opening for
those undertakings
in
Article 12 of Regulation (EC) No 318/2006 as regards
out-of-quota production. Such requests had to be
submitted before 31 January 2007. In order to enable
the undertakings concerned to submit such requests in
respect of isoglucose to be exported within the quanti-
tative limit for out-of-quota isoglucose exports, a further
deadline for the submission of
those requests should
therefore be fixed.

(5) With a view to ensuring orderly management, preventing
speculation and providing for effective controls, detailed
rules should be laid down for submitting licence appli-
cations.

(6)

(7)

re-import or

In order to minimise the risk of fraud and to prevent any
abuse associated with the eventual
re-
the isoglucose
introduction into the Community of
syrups concerned, certain countries of
the Western
Balkans should be excluded from the eligible destinations
for out-of-quota isoglucose exports. However,
those
countries of the region whose authorities have to issue
an export certificate for the confirmation of the origin of
the sugar or isoglucose products to be exported to the
Community should be exempted from this exclusion as
the risks of fraud are more limited.

To assure coherence with the provisions relevant
to
exports in the sugar sector as laid down by Commission
Regulation (EC) No 958/2006 of 28 June 2006 on a
standing invitation to tender to determine refunds on
exports of white sugar for the 2006/2007 marketing
year (3) and Commission Regulation (EC) No 38/2007
of 17 January 2007 opening a standing invitation to
tender for the resale for export of sugar held by the
intervention agencies of Belgium, the Czech Republic,
Spain,
Italy, Hungary, Poland, Slovakia and
Sweden (4) exports of out-of-quota isoglucose should
not be permitted to certain close destinations as well.

Ireland,

(2) OJ L 89, 28.3.2006, p. 11. Regulation as last amended by Regu-

lation (EC) No 793/2007 (OJ L 169, 29.6.2007, p. 22).

(3) OJ L 175, 29.6.2006, p. 49. Regulation as last amended by Regu-

lation (EC) No 203/2007 (OJ L 61, 28.2.2007, p. 3).

(4) OJ L 11, 18.1.2007, p. 4. Regulation as amended by Regulation (EC)

No 203/2007.

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(8)

(9)

In order to contravene the risk of re-importation and,
more specifically, to ensure that the specific rules for
returned goods referred to in Council Regulation (EEC)
No 2913/92 of 12 October 1992 establishing the
Community Customs Code (1) and in Commission Regu-
lation (EEC) No 2454/93 of 2 July 1993 laying down
provisions for the implementation of Council Regulation
(EEC) No 2913/92 establishing the Community Customs
Code (2) are being respected, Member States should be
required to take all the necessary control measures.

In addition to the provisions of Commission Regulation
(EC) No 951/2006 of 30 June 2006 laying down detailed
rules for the implementation of Council Regulation (EC)
No 318/2006 as regards trade with third countries in the
sugar sector (3) further implementing provisions should
be established for the administration of the quantitative
in particular
limit
regarding the conditions for applying for export licences.

to be fixed by this Regulation,

(10)

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

HAS ADOPTED THIS REGULATION:

Article 1

Fixing the quantitative limit for out-of-quota isoglucose
exports

1.
For the period from 1 August to 30 September 2007, the
quantitative limit referred to in Article 12(d) of Regulation (EC)
No 318/2006 shall be 20 000 tonnes, in dry matter, for exports
without
falling within
CN codes 1702 40 10, 1702 60 10 and 1702 90 30.

refund of out-of-quota

isoglucose

Exports within this quantitative limit shall be allowed for

2.
all destinations with exception of the following:

(a)

third countries: Andorra, the Holy See (Vatican City State),
Liechtenstein, San Marino, Albania, Bosnia and Herzegovina,
Montenegro
of
Macedonia;

former Yugoslav Republic

and

the

Exports of the products referred to in paragraph 1 shall

3.
only be allowed where they:

(a) are obtained by isomerisation of glucose;

(b) have a fructose content by weight in the dry state of not

less than 41 %;

(c) have a total content by weight in the dry state of polysac-
including di- and trisac-

charides and oligosaccharides,
charides, of not more than 8,5 %.

The dry matter content of isoglucose shall be determined on the
basis of the density of the diluted solution in a proportion by
weight of one to one or, in the case of products with a very
high consistency, by drying.

4.
By way of derogation from the deadline fixed in Article
3(1) of Regulation (EC) No 493/2006, undertakings whose
isoglucose production exceeded the threshold referred to in
that paragraph may submit, before 30 September 2007, a
request that the share of their production of isoglucose which
exceeds the above threshold should be considered fully or
partially to be produced in excess of the quota.

Article 2

Export licences

1.
Exports within the quantitative limit fixed in Article 1(1)
shall be subject to the presentation of an export licence in
accordance with the provisions of Commission Regulation
(EC) No 1291/2000 (4), Regulation (EC) No 951/2006 and
Article 19 of Commission Regulation (EC) No 967/2006 (5)
unless otherwise provided for in this Regulation.

2.
By way of derogation from Article 9 of Regulation (EC)
No 1291/2000, rights deriving from export licences shall not
be transferable.

territory of

(b) territories of EU Member States not forming part of the
customs
the Community: Gibraltar, Ceuta,
Melilla, Communes of Livigno and Campone d’Italia, Heli-
goland, Greenland, Faeroe Islands and the areas of Cyprus in
which the Government of the Republic of Cyprus does not
exercise effective control.

(1) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regu-

lation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(2) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 214/2007 (OJ L 62, 1.3.2007, p. 6).

(3) OJ L 178, 1.7.2006, p. 24. Regulation as amended by Regulation

(EC) No 2031/2006 (OJ L 414, 30.12.2006, p. 43).

Article 3

Application for export licences

Applications for export licences in respect of the quanti-
1.
tative limit fixed in Article 1(1) of this Regulation may be
submitted only by producers of
isoglucose which are
approved in accordance with Article 17 of Regulation (EC)
No 318/2006 and to which an isoglucose quota has been
allocated in respect of
the marketing year 2006/2007 in
accordance with Article 7 of that Regulation.

(4) OJ L 152, 24.6.2000, p. 1.
(5) OJ L 176, 30.6.2006, p. 22.

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Applications for export licences shall be submitted to the
the Member State in which the

2.
competent authorities of
applicant has been allocated an isoglucose quota.

been completed within the meaning of Article 16 of
Commission Regulation (EC) No 800/1999 (1),
the
quantity of isoglucose in question.

for

3.
Export licence applications shall be submitted each week,
from Monday to Friday, starting on the date of entry into force
of this Regulation and until the issue of licences is discounted in
accordance with Article 8.

Applicants may submit one application only per weekly

4.
period.

Article 5

Communication of Member States

1. Member States shall notify the Commission, no later than
the first working day of each week, of
the quantities of
isoglucose,
licence applications have been
for which export
submitted during the preceding week.

The quantity applied for in respect of each export licence

5.
shall not exceed 5 000 tonnes.

The quantities applied for shall be broken down by eight-digit
CN code. The Member States shall also inform the Commission
if no applications for export licences have been submitted.

The application shall be accompanied by proof that the

6.
security referred to in Article 4 has been lodged.

The Commission shall draw up weekly records of the
licence applications have been

2.
quantities for which export
submitted.

Box 20 of the application for an export licence and the

7.
licence shall contain the following entry:

‘out-of-quota isoglucose for export without refund’.

Article 4

Security for the export licence

Article 6

Issue and validity of licences

Licences

1.
shall be issued on the third working day
following the notification referred to in Article 5(1), as the
case may be taking account of
the acceptance percentage
fixed by the Commission in accordance with Article 8.

1.
By way of derogation from the fourth indent of Article
12(1)(b) of Regulation (EC) No 951/2006, the applicant shall
lodge a security of EUR 11 per 100 kilograms net dry matter of
isoglucose.

2. Member States shall communicate, on the first working
the quantities of
day of each week,
isoglucose for which export licences have been issued during
the preceding week.

to the Commission,

2.
The security referred to in paragraph 1 may be lodged at
the applicant’s choice, either in cash or in the form of a
guarantee given by an establishment complying with criteria
laid down by the Member State in which the application for
the licence is submitted.

3.
The security referred to in paragraph 1 shall be released in
accordance with Article 35 of Regulation (EC) No 1291/2000:

(a)

for the quantity for which the applicant has fulfilled, within
the meaning of Articles 31(b) and 32(1)(b)(i) of Regulation
(EC) No 1291/2000, the export obligation resulting from
the licences issued in accordance with Article 6 of this
Regulation; and

3.
Export licences issued in respect of the quantitative limit
fixed in Article 1(1) shall be valid until 30 September 2007.

Each Member State shall keep a record of the quantities of
4.
isoglucose actually exported under the export licences referred
to in Article 6(1).

5. Member States shall communicate to the Commission
before the end of each month, the quantities of
isoglucose
actually exported during the preceding month.

Article 7

Methods of communication

(b) for which the applicant has provided proof to the satis-
faction of the competent authorities of the Member State
where the export licence was issued that the customs for-
malities for importation into the destination of export have

The communications referred to in Articles 5(1), 6(2) and (5)
shall be transmitted electronically in accordance with forms
made available to the Member States by the Commission.

(1) OJ L 102, 17.4.1999, p. 11.

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Article 8

Acceptance percentage for the issuing of export licences
and suspension of the lodging of licence applications

licences exceed the
Where the quantities applied for export
quantitative limit fixed in Article 1(1) of this Regulation for
the period concerned the provisions laid down in Article 9 of
Regulation (EC) No 951/2006 shall apply mutatis mutandis.

returned goods laid down in Chapter 2 of Title VI of Regulation
(EEC) No 2913/92 and in Title I of Part III of Regulation (EEC)
No 2454/93 are
respected and to prevent preferential
agreements with third countries from being circumvented.

Article 10

Entry into force

Article 9

Controls

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

Member States shall take all the measures necessary to establish
for
to ensure that
appropriate controls

the specific rules

It shall apply from 1 August 2007.

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

Done at Brussels, 21 August 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission