Commission Regulation (EC) No 164/2009 of 26 February 2009 amending Regulation (EC) No 951/2006 in respect of proofs of arrival at destination for out-of-quota exports in the sugar sector
Date: 2009-02-26
Institutions: European Commission
Subjects: CCT duties, export licence, export refund, import licence, import policy, sugar, third country, trading operation

27.2.2009

EN

Official Journal of the European Union

L 55/19

COMMISSION REGULATION (EC) No 164/2009

of 26 February 2009

amending Regulation (EC) No 951/2006 in respect of proofs of arrival at destination for out-of-
quota exports in the sugar sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Article 192(2) in conjunction with Article 4 thereof,

Whereas:

(1)

(2)

(3)

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 (2) also lays down
detailed rules for out-of-quota exports in the sugar sector.

In order to minimise the risk of fraud and to prevent any
abuse associated with the reimport or reintroduction into
isoglucose,
the Community of out-of-quota sugar or
of
Commission
19 September 2008 fixing the quantitative limit for the
exports of out-of-quota sugar and isoglucose until the
end of the 2008/09 marketing year (3) excludes certain
close destinations from the eligible destinations.

Regulation

924/2008

(EC) No

Article 4c of Regulation (EC) No 951/2006 mentions the
documents that can be presented as proofs of arrival at
destination in the case where certain destinations are
excluded from exports of out-of-quota sugar and/or
isoglucose. However, that Article does not permit the
acceptance of
referred to in
customs documents
Article 16(1) of Commission Regulation (EC) No
800/1999 of 15 April 1999 laying down common
detailed rules
the system of
export refunds on agricultural products (4), or a certificate
of unloading which should be the principle documents to
be submitted as proofs for importation into a third
country. The documents listed in Article 4c of Regulation
(EC) No 951/2006 should be accepted only where
exporters
customs
documents referred to in Article 16(1) of Regulation
(EC) No 800/1999.

the application of

standard

cannot

obtain

the

for

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 178, 1.7.2006, p. 24.
(3) OJ L 252, 20.9.2008, p. 7.
(4) OJ L 102, 17.4.1999, p. 11.

Sugar exports for humanitarian aid purposes continue to
be an important
trade activity for some Community
sugar exporters. It is often the case with such exports
that the standard customs documents cannot be obtained
and the documents referred to in Article 4c of Regulation
(EC) No 951/2006 are difficult
is
therefore necessary to permit a statement of acceptance
of delivery issued by an approved international organi-
sation or a humanitarian organisation be accepted as a
proof of arrival at destination in accordance with
Article 16(2)(f) of Regulation (EC) No 800/1999.

to be provided.

It

The communication of Member States on issued export
licences as requested by Article 17 of Regulation (EC) No
951/2006 should also include the quantities of quota
sugar and/or isoglucose exported without refund.

of

sugar

Quantities
inward
imported
processing arrangements should be monitored closely.
Therefore, the communication of Member States on the
relevant quantities should take place on a monthly basis.

under

the

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

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

(5)

(6)

(7)

(8)

HAS ADOPTED THIS REGULATION:

Article 1

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

1. Article 4c is replaced by the following:

‘Article 4c

Proofs of arrival at destination

If certain destinations are not eligible for exports of
1.
out-of-quota sugar and/or isoglucose, proof
that customs
formalities for importation into eligible destinations have
been completed shall be furnished by presenting one of
the documents referred to in Article 16(1) of Regulation
(EC) No 800/1999.

L 55/20

EN

Official Journal of the European Union

27.2.2009

2. Where the exporter cannot obtain the documents
referred to in paragraph 1 of this Article even after taking
the appropriate steps, products shall be deemed to have been
imported into a third country on the presentation of the
following three documents:

presentation of a statement of acceptance of delivery issued
either by an international organisation or a humanitarian
organisation approved by the Member State of exportation,
where the goods constitute food aid.’

(a) a copy of the transport document;

2. In Article 17, the following point is added:

(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 inter­
national 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
subsequently been
declaration,
reloaded with a view to being re-exported;

the product has not

(c) a bank document

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

3.
In case of exports of out-of-quota sugar and/or
isoglucose as food aid for an international organisation or
for a humanitarian organisation the products
shall be
deemed to have been imported into a third country on the

‘(d) the quantities

for which licences have been issued
pursuant to Article 7, broken down between sugar and
isoglucose.’

3. In Article 19, point 3 is replaced by the following:

‘3. the quantities of sugar imported from third countries and
exported as compensating products under the inward
processing arrangements referred to in Article 116 of
Regulation (EEC) No 2913/92;
the notification shall
refer to each month; it shall be submitted no later than
the end of
the second calendar month following the
month in question.’

Article 2

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

Point 1 of Article 1 shall be applicable as of 1 October 2008.

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

Done at Brussels, 26 February 2009.

For the Commission

Mariann FISCHER BOEL
Member of the Commission