Commission Regulation (EC) No 231/2009 of 19 March 2009 derogating from Regulation (EC) No 800/1999 as regards the determination of the refund rate for sugar in the case of supplies referred to in Articles 36 and 44 of that Regulation and carried out from 1 to 25 September 2008
Date: 2009-03-19
Institutions: European Commission
Subjects: derogation from EU law, export refund, sugar, sugar industry

20.3.2009

EN

Official Journal of the European Union

L 74/13

COMMISSION REGULATION (EC) No 231/2009

of 19 March 2009

derogating from Regulation (EC) No 800/1999 as regards the determination of the refund rate for
sugar in the case of supplies referred to in Articles 36 and 44 of that Regulation and carried out
from 1 to 25 September 2008

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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 167(7) in conjunction with Article 4 thereof,

Whereas:

(1)

(2)

and

(EC) No

Regulation

raw sugar

from 26 September 2008,

As
in accordance with
of
Commission
947/2008
25 September 2008 suspending the export refunds on
white
further
processing (2), export refund is no longer available for
supplied in accordance with
sugar,
Articles 36 and 44 of Commission Regulation (EC) No
800/1999 of 15 April 1999 laying down common
detailed rules
the system of
export refunds on agricultural products (3).

the application of

exported without

including sugar

for

In accordance with Article 37 of Regulation (EC) No
800/1999, Member States may authorise exporters to
use, for products loaded each month, the last day of
the month to determine the rate of refund applicable
to supplies referred to in Articles 36 and 44 of that
Regulation. It is therefore not possible to determine the
rate of refund applicable to supplies of sugar products
carried
to
under
out
25 September 2008.

procedure

from 1

that

Entitlement to the refund on supplies carried out under
the procedure provided for in Article 37 of Regulation
(EC) No 800/1999, before the date of the entry into
force of Regulation (EC) No 947/2008, should not be
affected. In order to determine that refund, it is therefore
necessary to set the date to be used for that purpose, by
way of derogation from Article 37(2) of Regulation (EC)
No 800/1999.

(4)

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

HAS ADOPTED THIS REGULATION:

Article 1

By way of derogation from Article 37(2) of Regulation (EC) No
800/1999,
the date 25 September 2008 shall be used to
determine the rate of refund applicable to sugar supplied in
accordance with Article 36(1)(a) and (c) and Article 44(1)(a)
that Regulation during the period from 1 to
and (b) of
25 September 2008.

Article 2

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

It shall apply from 1 September 2008.

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

Done at Brussels, 19 March 2009.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 258, 26.9.2008, p. 60.
(3) OJ L 102, 17.4.1999, p. 11.