Commission Regulation (EC) No 1567/2007 of 21 December 2007 fixing the quantitative limit for the exports of out-of-quota isoglucose until the end of the 2007/2008 marketing year
Date: 2007-12-21
Institutions: European Commission
Subjects: export, export licence, isoglucose, quantitative restriction

L 340/58

EN

Official Journal of the European Union

22.12.2007

COMMISSION REGULATION (EC) No 1567/2007

of 21 December 2007

fixing the quantitative limit for the exports of out-of-quota isoglucose until the end of the
2007/2008 marketing year

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)

Regulation (EC) No 318/2006 lays down rules for the
common organisation of the markets in the sugar sector.
According to Article 12(d) of Regulation (EC) No
318/2006,
the
quota referred to in Article 7 of that Regulation may
be exported only within the quantitative limit to be fixed.

the isoglucose produced in excess of

For certain Community producers of isoglucose, exports
from the Community represent an important part of
their economic activities and they have established tra-
ditional markets outside the Community. Exports of
isoglucose to those markets could be economically
viable also without granting export refunds. To that
it is necessary to fix a quantitative limit for out-
end,
of-quota isoglucose exports
the Community
producers concerned may continue to supply their tra-
ditional markets.

so that

Until the end of the 2007/2008 marketing year, i.e. 30
September 2008, it is estimated that fixing the quanti-
tative limit at 40 000 tonnes, in dry matter, for out-of-
quota isoglucose exports would correspond to the
market demand.

(4) 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. Such rules should make use of the procedures
laid down by existing legislation, with suitable adap-
tations to reflect the specific needs of this sector.

(5)

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

re-import or

isoglucose

concerned, certain countries of
the Western Balkans
should be excluded from the eligible destinations for
those
out-of-quota
countries of this 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 risk of fraud is more limited.

exports. However,

(6)

(7)

(8)

To assure coherence with the provisions relevant
to
exports in the sugar sector as laid down by 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) and Commission Regulation (EC) No
1060/2007 of 14 September 2007 opening a standing
invitation to tender for the resale for export of sugar held
by the intervention agencies of Belgium,
the Czech
Republic,
Italy, Hungary, Slovakia and
Sweden (3) exports of out-of-quota isoglucose should
not be permitted to certain close destinations as well.

Ireland, Spain,

In order to reduce the risk of re-importation into the
Community 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 (4) and in
Commission Regulation (EC) 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 (5)
respected,
Member States
the
necessary control measures.

should be required to take all

are

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, (6) 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,

(9)

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

(2) OJ L 196, 28.7.2007, p. 26.
(3) OJ L 242, 15.9.2007, p. 8.
(4) 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).

(5) 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).

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

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

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

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

22.12.2007

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Official Journal of the European Union

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HAS ADOPTED THIS REGULATION:

Article 1

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

1.
Until the end of the 2007/2008 marketing year, i.e. 30
September 2008, the quantitative limit referred to in Article
12(d) of Regulation (EC) No 318/2006 shall be 40 000
in dry matter, for exports without refund of out-of-
tonnes,
quota
falling within CN codes 1702 40 10,
isoglucose
1702 60 10 and 1702 90 30.

Exports within the quantitative limit fixed in paragraph 1
the

2.
shall be allowed for all destinations, with exception of
following:

(a)

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

(b) territories of Member States not

forming part of

the
the Community: Ceuta and Melilla,
customs territory of
the communes of Livigno and Campione d’Italia,
the
Faeroe Islands, Greenland, Heligoland, and the areas of
the Republic of
Cyprus
Cyprus does not exercise effective control;

in which the Government of

(c) European territories for whose external relations a Member
the customs

forming part of

State is
territory of the Community: Gibraltar.

responsible not

Article 2

Export licences

1.
Exports within the quantitative limit fixed in Article 1(1)
of this Regulation shall be subject to the presentation of an
export licence in accordance with the provisions of Commission
Regulation (EC) No 1291/2000 (1), Regulation (EC) No
951/2006 and Article 19 of Commission Regulation (EC) No
967/2006 (2), 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.

Article 3

Application for export licences

1.
Applications for export licences in respect of the quanti-
tative limit fixed in Article 1(1) of this Regulation may be
isoglucose which are
submitted only by producers of
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 2007/2008 in
accordance with Article 7 of that Regulation.

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.

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

3.
Exports of the products referred to in paragraph 1 shall
only be allowed where they comply with the following
conditions:

Applicants may only submit one application for each

4.
weekly period referred to in paragraph 3.

(a)

they are obtained by isomerisation of glucose;

The quantity applied for in respect of each export licence

5.
shall not exceed 5 000 tonnes.

(b) they have a fructose content by weight in the dry state of

not less than 41 %;

(c)

they have a total content by weight in the dry state of
polysaccharides and oligosaccharides,
including di- and
trisaccharidis, 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.

The application shall be accompanied by proof that the

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

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’.

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

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Official Journal of the European Union

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Article 4

Article 6

Security for the export licence

Issue and validity of licences

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 110 per tonne net dry matter of
isoglucose.

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.

The security referred to in paragraph 1 may be lodged at
2.
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.

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

to the Commission,

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

3.
Export licences issued in respect of the quantitative limit
fixed in Article 1(1) shall be valid from the actual day of issue
until the end of the third month following that of issue but
until 30 September 2008 at the latest.

(a)

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

(b) which the applicant has provided proof to the satisfaction of
the competent authorities of the Member State where the
export licence was issued that the customs formalities for
importation have been completed within the meaning of
(EC) No
Article
800/1999 (1), for the quantity of isoglucose in question.

Commission

Regulation

16

of

4.
The proofs referred to in paragraph 3 shall be submitted
within 12 months of the date on which the export declaration
is accepted.

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
licence applications have been
for which export
isoglucose,
submitted during the preceding week.

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

This paragraph shall only apply to Member States for which an
the 2007/2008
isoglucose quota was
marketing year by Annex III and/or Point II of Annex IV to
Regulation (EC) No 318/2006.

fixed in respect of

4. Member States shall keep a record of the quantities of
isoglucose actually exported under the export licences.

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

Paragraphs 2, 4 and 5 of this Article shall only apply to
6.
Member States for which an isoglucose quota was fixed in
respect of the 2007/2008 marketing year by Annex III and/or
Point II of Annex IV to Regulation (EC) No 318/2006.

Article 7

Methods of communication

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.

Article 8

Suspension of issuing export licences

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.

Article 9

Controls

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

2.
quantities for which export
submitted.

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

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

the specific rules

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Article 10

Entry into force and applicability
This Regulation shall enter into force on the day 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, 21 December 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission