Commission Regulation (EC) No 910/2008 of 18 September 2008 amending Regulation (EC) No 951/2006 in respect of laying down detailed rules for out-of-quota exports in the sugar sector
Date: 2008-09-18
Institutions: European Commission
Subjects: customs formalities, export (EU), export licence, export refund, sugar, third country

19.9.2008

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Official Journal of the European Union

L 251/13

COMMISSION REGULATION (EC) No 910/2008

of 18 September 2008

amending Regulation (EC) No 951/2006 in respect of laying down detailed rules for out-of-quota
exports in the sugar sector

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 40(1)
thereof,

Whereas:

(1)

(2)

(3)

According to Article 12(d) of Regulation (EC) No
318/2006 the sugar or isoglucose produced during a
marketing year in excess of
the quota referred to in
Article 7 of
that Regulation may be exported only
within the quantitative limit to be fixed. To this end it
should be considered an export quota within the
meaning of Article 1(2)(b)(iii) of Commission Regulation
(EC) No 376/2008 of 23 April 2008 laying down
common detailed rules
the
for
system of
licences and advance
import and export
fixing certificates for agricultural products (2).

the application of

In respect of the sugar sector, Commission Regulation
(EC) No 951/2006 (3) lays down detailed rules for the
implementation of Regulation (EC) No 318/2006 as
regards trade with third countries.

Commission Regulation (EC) No 952/2006 (4)
as
amended by Regulation (EC) No 707/2008 (5) simplified
the use of methods for
the determination of sugar
to
is
content of
harmonise the methods used in the case of export
refunds with those laid down in Regulation (EC) No
952/2006.

appropriate

therefore

syrups.

It

(4) With a view to ensuring orderly management, preventing
speculation and providing for effective controls, detailed

(1) OJ L 58, 28.2.2006, p. 1.
(2) OJ L 114, 26.4.2008, p. 3.
(3) OJ L 178, 1.7.2006, p. 24.
(4) OJ L 178, 1.7.2006, p. 39.
(5) OJ L 197, 25.7.2008, p. 4.

(5)

(6)

(7)

(8)

(9)

rules should be laid down for submitting licence appli­
cations for out-of-quota exports of sugar and isoglucose.
Such rules should make use of the procedures laid down
by existing legislation, with suitable adaptations to reflect
the specific needs of this sector.

Further implementing provisions should be established
for the administration of the quantitative limit
to be
fixed by another Act,
regarding the
conditions for applying for export licences.

in particular

In order to reduce the risks of possible frauds linked to
the reintroduction on the Community market of out-of-
quota sugar and/or isoglucose it may be decided to
exclude certain destinations from the eligible destinations.
For such cases it is necessary to define those documents
that would prove that the products in question have been
imported into a country not excluded from the eligible
destinations.

Article 1 of 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 (6) defines
that
provide sufficient proofs of importation in case of differ­
entiated export refunds. The same documents should also
be accepted as proof for out-of-quota exports.

those documents

is very limited. Therefore,

Experience acquired has shown that the application for
export licences concerning the specific (EX/IM) refining
operations
relevant
provisions of Regulation (EC) No 951/2006, namely
Articles 13 to16 thereof, should be deleted. Transitional
rules should nevertheless be laid down in respect of
pending applications.

the

According to Article 3 of Council Regulation (EC) No
1528/2007 of 20 December 2007 applying
the
arrangements for products originating in certain states
the African, Caribbean and Pacific
which are part of
(ACP) Group of States provided for in agreements estab­
lishing, or leading to the establishment of, Economic
Partnership Agreements (7) all
import duties shall be
eliminated on imports of molasses into the Community
originating in the ACP countries. Therefore Article 41 of
Regulation (EC) No 951/2006 should be deleted.

(6) OJ L 337, 21.12.2007, p. 54.
(7) OJ L 348, 31.12.2007, p. 1.

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Official Journal of the European Union

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(10)

Part A of the Annex to Regulation (EC) No 951/2006
should be amended, as no reference to a specific Regu­
lation should be mentioned therein beforehand.
In
accordance with Article 6(2) of Regulation (EC) No
951/2006, when the export refund is fixed pursuant to
an invitation to tender, section 20 of the licence appli­
cation and of the licence should contain a reference to
the Regulation that opens a standing invitation to tender
in a given marketing year.

(11)

Regulation (EC) No 951/2006 should therefore be
amended accordingly.

(12)

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

HAS ADOPTED THIS REGULATION:

(a) a copy of the transport document;

(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
the authority or
at
agency issuing the declaration,
the product has not
subsequently been reloaded with a view to being re-
exported;

to the knowledge of

that,

least

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

Article 1

3. Article 7 is replaced by the following:

Regulation (EC) No 951/2006 is amended as follows:

1. In Article 3, paragraphs 2 and 3 are replaced by the

following:

‘2. Without prejudice to paragraphs 3 and 4, the sucrose
content plus, where applicable, the content of other sugars
expressed as sucrose shall be calculated in accordance with
points (d) and (e) of Article 3(3) of Commission Regulation
(EC) No 952/2006 (*).

In the case of syrups of a purity of not less than 85 %
3.
the sucrose content plus, where
less than 94,5 %,
but
applicable,
sugars expressed as
sucrose shall be fixed at a flat rate of 73 % by weight in
the dry state.

the content of other

___________
(*) OJ L 178, 1.7.2006, p. 39.’

2. The following Chapter IIa is inserted:

‘CHAPTER IIa

OUT-OF-QUOTA EXPORTS

Article 4c

Proofs of arrival at destination

Where certain destinations are excluded for exports of out-
of-quota sugar and/or isoglucose, products shall be deemed
to have been imported into a third country on presentation
of the following three documents:

‘Article 7

Export licence for sugar or isoglucose without refund

Where sugar or
isoglucose in free circulation in the
Community market and not considered as “out-of-quota”
is to be exported without refund, section 20 of the licence
application and of the licence shall contain one of the
entries listed in Part C of the Annex, according to the
product in question as the case may be.’

4. The following Articles 7a to 7e are inserted:

‘Article 7a

Export licences for out-of-quota exports

By way of derogation from the provisions of Article 5,
exports of out-of-quota isoglucose within the quantitative
limit referred to in Article 12(d) of Regulation (EC) No
318/2006 shall be subject
to the presentation of an
export licence.

Article 7b

Application for out-of-quota export licences

licences in respect of

Applications for export

the
1.
quantitative limit to be fixed pursuant to Article 12(d) of
Regulation (EC) No 318/2006 may be submitted only by
producers of beet and cane
sugar or producers of
approved in accordance with
isoglucose which are
Article 17 of Regulation (EC) No 318/2006 and to which
a sugar or isoglucose quota has been allocated in respect of
the marketing year concerned in accordance with Article 7
of that Regulation, account being taken of, as the case may
be, of Articles 8, 9 and 11 of that Regulation.

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Applications for export licences shall be submitted to
2.
the competent authorities of the Member State in which the
applicant has been allocated a sugar or an isoglucose quota.

Article 7d

Issue of licences

3.
Applications for export licences shall be submitted
each week, from Monday to Friday, starting on the date
of entry into force of the Regulation fixing the quantitative
limit pursuant
to Article 12(d) of Regulation (EC) No
318/2006 and until the issue of licences is discounted in
accordance with Article 7e.

Applicants may submit one application for export
4.
licence per week. The quantity applied for in respect of
licence shall not exceed 20 000 tonnes in
each export
the case of
in the case of
sugar and 5 000 tonnes
isoglucose.

The application for export licence shall be accom­
referred to in

5.
panied by proof
the
Article 12a(1) has been lodged.

security

that

6.
Box 20 of the application for an export licence and
the licence, as well as box 44 of the export declaration shall
contain one of the following entries as the case may be:

(a) “out-of-quota sugar for export without refund”; or

(b) “out-of-quota isoglucose for export without refund”.

Article 7c

Communication on out-of-quota exports

1. Member States shall notify the Commission, between
Friday 1 p.m. (Brussels time) and the following Monday, of
the quantities of sugar and/or isoglucose, for which appli­
cations for export licence have been submitted during the
preceding week.

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.

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

2.
The Commission shall draw up weekly records of the
quantities for which export licence applications have been
submitted.

the latest Member States shall

Every week from Friday and until the end of the
1.
issue
following week at
licences
submitted the preceding
week and notified as provided for in Article 7c(1), as the
case may be taking account of the allocation coefficient
fixed by the Commission in accordance with Article 7e.

the applications

for

Export licences shall not be issued for quantities that had
not been communicated.

shall

2. Member States
first
working day of each week, to the Commission, the quan­
tities of sugar and/or isoglucose for which export licences
have been issued during the preceding week.

communicate, on the

3. Member States shall keep a record of the quantities of
sugar and/or isoglucose actually exported under the export
licences.

4. Member States shall communicate to the Commission
the quantities of sugar
before the end of each month,
and/or
the export
licences during the preceding month.

isoglucose actually exported under

5.
Paragraphs 2, 3 and 4 of this Article shall only apply
to Member States for which a sugar and/or an isoglucose
quota was fixed by Annex III and/or Point II of Annex IV
to Regulation (EC) No 318/2006.

Article 7e

Suspension of issuing export licences for out-of-quota
exports

Where the quantities applied for export licences exceed the
quantitative limit fixed pursuant to Article 12(d) of Regu­
lation (EC) No 318/2006 for the period concerned, the
provisions laid down in Article 9 of this Regulation shall
apply mutatis mutandis.’

5. The following Article 8a is inserted:

‘Article 8a

Validity of export licences for out-of-quota exports

licences issued in respect of

By way of derogation from the provisions of Article 5 of
this Regulation export
the
quantitative limit fixed pursuant to Article 12(d) of Regu­
lation (EC) No 318/2006 shall be valid from the actual day
of
the marketing year in
respect of which the export licence was issued.’

issue until 30 September of

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6. In Section 1 of Chapter V, the following Article is added:

(a)

the first indent is replaced by the following:

‘Article 12a

Security for licences for out-of-quota exports

1.
The applicant shall lodge a security of EUR 42 per
tonne net dry matter in the case of out-of-quota isoglucose
to be exported within the fixed quantitative limit.

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 appli­
cation for the licence is submitted.

3.
The security referred to in paragraph 1 shall be
released in accordance with Article 34 of Regulation (EC)
No 376/2008 for the quantity for which the applicant has
fulfilled, within the meaning of Articles 30(b) and 31(b)(i)
of Regulation (EC) No 376/2008, the export obligation
resulting from the licences
issued in accordance with
Article 7c of this Regulation.

4. Where certain destinations are excluded for exports of
out-of-quota sugar and/or isoglucose within the quantitative
limit fixed the security referred to in paragraph 1 shall be
released only if, besides account being taken of paragraph
3,
the three documents referred to in Article 4c are
presented.’

‘— sugar

products

falling within

CN codes

1701 91 00, 1701 99 10 and 1701 99 90,’;

(b) the third indent is replaced by the following:

‘— sucrose syrups, expressed as white sugar,

falling
within CN codes 1702 90 71, 1702 90 95 and
2106 90 59,’;

(c)

the fifth indent is deleted.

9. Article 21 is replaced by the following:

‘Article 21

Methods of communication

The communication of Member States provided for in this
Chapter shall be transmitted electronically in accordance
with methods made available to the Member States by
the Commission.’

10. Article 41 is deleted.

11. Part A of the Annex is replaced by the text in the Annex to

this Regulation.

7. Articles 13 to 16 are deleted. However, they shall continue
to apply in respect of licences for which an application has
been submitted before the entry into force of this Regu­
lation.

8. In Article 17, point (a) is amended as follows:

Article 2

Entry into force

This Regulation shall enter into force on the seventh day
following 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, 18 September 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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‘A. Entries referred to in Article 6(2):

ANNEX

— in Bulgarian:

— in Spanish:
— in Czech:
— in Danish:
— in German:
— in Estonian:
— in Greek:
— in English:
— in French:
— in Italian:

— in Latvian:
— in Lithuanian:
— in Hungarian:
— in Dutch:

— in Polish:
— in Portuguese:

— in Romanian:

— in Slovak:
— in Slovenian:
— in Finnish:

— in Swedish:

„Регламент (ЕО) № … (ОВ L …, … г., стр. …), срок за подаване на заявления за участие в
търг: …“
“Reglamento (CE) no … (DO L … de …, p. …), plazo para la presentación de ofertas: …”
‚Nařízení (ES) č. … (Úř. věst. L …, …, s. …), lhůta pro předkládání nabídek: …‘
»Forordning (EF) nr. … (EUT L … af …, s. …), tidsfrist for afgivelse af bud: …«
‚Verordnung (EG) Nr. … (ABl. L … vom …, S. …), Frist für die Angebotsabgabe: …‘
„Määrus (EÜ) nr … (ELT L …, …, lk …), pakkumiste esitamise tähtaeg: …”
“Κανονισμός (ΕΚ) αριθ. … (ΕΕ L … της …, σ. …), προθεσμία για την υποβολή προσφορών …”
“Regulation (EC) No … (OJ L …, …, p. …), time limit for submission of tenders: …”
“Règlement (CE) no … (JO L … du …, p. …), délai de présentation des offres: …”
“Regolamento (CE) n. … (GU L … del …, pag. …), termine ultimo per la presentazione
delle offerte: …”
“Regula (EK) Nr. … (OV L …, …., …. lpp.), piedāvājumu iesniegšanas termiņš: …”
„Reglamentas (EB) Nr. … (OL L …, …, p. …), pasiūlymų pateikimo terminas – …“
»…/…/EK rendelet (HL L …, …, …o.), a pályázatok benyújtásának határideje: …«
„Verordening (EG) nr. … (PB L … van …, blz. …), termijn voor het indienen van de
aanbiedingen: …”
»Rozporządzenie (WE) nr … (Dz.U. L … z …, s. …), termin składania ofert: …«
“Regulamento (CE) n.o … (JO L … de …, p. …), prazo para apresentação de
propostas: …”
«Regulamentul (CE) nr. … (JO L …, …, p. …), termen limită pentru depunerea
ofertelor: …»
‚,Nariadenie (ES) č. … (Ú. v. EÚ L …, …, s. …),
‚Uredba (ES) št. … (UL L …, …, str. …), rok za predložitev ponudb: …‘
’Asetus (EY) N:o … (EUVL L …, …, s. …), tarjousten tekemiselle asetettu määräaika
päättyy: …’
’Förordning (EG) nr … (EUT L …, …, s. …), tidsfrist för inlämnande av anbud: …’ .’

lehota na predkladanie ponúk: …‘