Commission Regulation (EC) No 1541/2007 of 20 December 2007 on proof of completion of customs formalities for the import of sugar into third countries as provided for in Article 16 of Regulation (EC) No 800/1999
Date: 2007-12-20
Institutions: European Commission
Subjects: customs formalities, export refund, import, sugar, third country

L 337/54

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Official Journal of the European Union

21.12.2007

COMMISSION REGULATION (EC) No 1541/2007

of 20 December 2007

on proof of completion of customs formalities for the import of sugar into third countries as
provided for in Article 16 of Regulation (EC) No 800/1999

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

be deemed to be furnished by a specific document or in
any other way.

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 40(1)(g),

Whereas:

(1)

(2)

(3)

(4)

(5)

Article 33(2) of Regulation (EC) No 318/2006 provides
sector may vary
that export
refunds
according to destination, where
the world market
situation or the specific requirements of certain markets
make this necessary.

in the sugar

Article 1 of Commission Regulation (EC) No 900/2007
of 27 July 2007 on a standing invitation to tender to
determine refunds on exports of white sugar until the
end of the 2007/2008 marketing year (2) provides for
such differentiation by excluding certain destinations.

Article 14(1) of Regulation (EC) No 800/1999 of 15
April 1999 laying down common detailed rules for the
application of
the system of export refunds on agri-
cultural products (3) provides that where the rate of
refund varies according to destination, refunds are to
be paid subject to the additional conditions laid down
under Articles 15 and 16 of that Regulation.

Article 15(1) of Regulation (EC) No 800/1999 provides
the products must have been imported in their
that
unaltered state into the third country or one of
the
third countries for which the refund applies.

Article 16 of Regulation (EC) No 800/1999 lists the
various documents that may constitute proof of
the
completion of customs formalities in a third country
where the refund rate is differentiated according to desti-
nation. Under paragraph 4 of
the
Commission may decide, in certain specific cases to be
determined, that the proof referred to in that Article may

that Article

(6)

(7)

(8)

(9)

the

contractual obligations,

In the sugar
sector export operations are normally
governed by contracts defined as fob on the London
futures market. As a result, purchasers accept at that
fob stage all
including
proof of completion of customs formalities, without
being the direct beneficiaries of
the refund to which
that proof confers the right. Obtaining that proof for
all quantities exported may entail considerable adminis-
in certain countries, which may
trative difficulties
substantially delay or prevent payment of
the refund
for all the quantities actually exported.

In order to limit the impact on the equilibrium of the
sugar market, Commission Regulation (EC) No 436/2007
of 20 April 2007 on proof of completion of customs
formalities for the import of sugar into third countries as
in Article 16 of Regulation (EC) No
provided for
800/1999 (4) provides for relaxation of
the rules on
proof of completion of customs formalities until 31
December 2007.

Given that the administrative difficulties that prompted
this derogation and their impact on the market persist,
the alternative proofs of destination should apply for
2008.

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

In the case of exports effected in accordance with Article 32 of
Regulation (EC) No 318/2006, products shall be deemed to
have been imported into a third country on presentation of
the following three documents:

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

(EC) No 1260/2007 (OJ L 283, 27.10.2007, p. 1).

(2) OJ L 196, 28.7.2007, p. 26. Regulation as amended by Regulation

(EC) No 1298/2007 (OJ L 289, 7.11.2007, p. 3).

(3) OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regu-

lation (EC) No 1001/2007 (OJ L 226, 30.8.2007, p. 9).

(a) a copy of the transport document;

(4) OJ L 104, 21.4.2007, p. 14.

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Official Journal of the European Union

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(b) a declaration that the product has been unloaded, drawn up
by an official authority of the third country in question, by
the official authorities of a Member State established in the
country of destination, or by an international supervisory
agency approved under Articles 16a to 16f of Regulation
(EC) No 800/1999, certifying that the product has left the
unloading site or at least that, to the knowledge of the
authority or agency issuing the declaration,
the product
has not subsequently been reloaded with a view to being
re-exported;

(c) a bank document issued by approved intermediaries estab-
lished in the Community certifying that payment corre-
sponding to the export in question has been credited to
the account of the exporter opened with them, or proof
of payment.

Article 2

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

It shall apply from 1 January 2008 to 31 December 2008.

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

Done at Brussels, 20 December 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission