Commission Implementing Regulation (EU) No 36/2013 of 18 January 2013 opening a standing invitation to tender for the 2012/2013 marketing year for imports of sugar of CN codes 17011410 and 17019910 at a reduced customs duty

19.1.2013 EN Official Journal of the European Union L 16/7
COMMISSION IMPLEMENTING REGULATION (EU) No 36/2013
of 18 January 2013
opening a standing invitation to tender for the 2012/2013 marketing year for imports of sugar of CN codes 1701 14 10 and 1701 99 10 at a reduced customs duty
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1) and in particular Articles 186, in conjunction with Article 4 thereof,
Whereas:
(1) During the 2011/2012 sugar marketing year, the Union average bulk white sugar ex-factory price reached a level of 175 % of the reference price of EUR 404/tonne and was approximately EUR 275/tonne higher than the world market price. The Union price is now stable at a level of around EUR 700/tonne, which is the highest level reached since the reform of the sugar market organisation and disturbs the optimal fluidity of the sugar supply on the Union market. The expected increase of this already high price level during the 2012/2013 marketing year substantiates the risk of serious market disturbances which should be prevented by the necessary measures.
(2) Pursuant to Regulation (EC) No 1234/2007 measures may be taken with a view to tackle the risk of market disturbances, in particular due to continued high prices, provided that this objective cannot be reached by means of other measures available under that Regulation. However, given the current market circumstances, Regulation (EC) No 1234/2007 does not provide for any specific measures aimed at reducing the tightness on the sugar market and allowing sugar supply at reasonable prices other than those based on Article 186 of that Regulation.
(3) Based on the estimated supply and demand for 2012/2013, the ending stocks for the sugar market are expected to be lower by at least 0.5 million tonne than in 2011/2012. This figure already takes into account the imports from third countries benefiting from certain preferential agreements.
(4) In order to improve the supply situation on the Union sugar market, it is necessary to make imports easier through the reduction of the import duty for certain quantities of sugar of CN codes 1701 14 10 and 1701 99 10 at a reduced customs duty. The quantity and the reduction of the duty should be assessed in the light of the current state and foreseeable development of the Union sugar market. The quantity and reduction should therefore be based on a tendering system.
(5) The minimum eligibility requirements to tender should be specified.
(6) A security should be lodged for each tender. That security should become the security for the import licence application in the case of a successful tender and be released when a tender is unsuccessful.
(7) The competent authorities of the Member States should notify the Commission of the admissible tenders. In order to simplify and standardise those notifications, models should be made available.
(8) For each partial invitation to tender, provision should be made for the Commission to fix a minimum customs duty and, if appropriate, an allocation coefficient in order to reduce the quantities accepted, or to decide not to fix a minimum customs duty.
(9) Member States should inform the tenderers of the result of their participation in the partial invitation to tender within a short period.
(10) The competent authorities should notify the Commission of the quantities for which import licenses have been issued. For this purpose, models should be made available by the Commission.
(11) The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,