Commission Regulation (EC) No 975/2007 of 21 August 2007 fixing the quantitative limit for the exports of out-of-quota isoglucose for the period from 1 August to 30 September 2007

22.8.2007 EN Official Journal of the European Union L 217/3
COMMISSION REGULATION (EC) No 975/2007
of 21 August 2007
fixing the quantitative limit for the exports of out-of-quota isoglucose for the period from 1 August to 30 September 2007
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
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) According to Article 12(d) of Regulation (EC) No 318/2006 the isoglucose produced in excess of the quota referred to in Article 7 of that Regulation can be exported only within the quantitative limit to be fixed.
(2) For some of the Community producers of isoglucose exports from the Community represent an important part of their economic activities and they have established traditional markets outside the Community as well. Exports of isoglucose to these markets could be economically viable also without granting export refunds. To that end it is necessary to fix a quantitative limit for out-of-quota isoglucose exports so that the Community producers concerned may continue to supply their traditional markets.
(3) For the period from 1 August to 30 September 2007 it is estimated that fixing the quantitative limit at 20 000 tonnes, dry matter, for out-of-quota isoglucose exports would correspond to the market demand.
(4) A preventive withdrawal of certain quantities of sugar, isoglucose and inulin syrup was provided for in respect of the 2006/2007 marketing year by Article 3 of Commission Regulation (EC) No 493/2006 of 27 March 2006 laying down transitional measures within the framework of the reform of the common organisation of the markets in the sugar sector, and amending Regulations (EC) No 1265/2001 and (EC) No 314/2002 (2). The undertakings concerned could request that the quantities of their production affected by that measure be considered fully or partially to be produced in excess of their respective quotas, thus opening for those undertakings the possibilities provided for in Article 12 of Regulation (EC) No 318/2006 as regards out-of-quota production. Such requests had to be submitted before 31 January 2007. In order to enable the undertakings concerned to submit such requests in respect of isoglucose to be exported within the quantitative limit for out-of-quota isoglucose exports, a further deadline for the submission of those requests should therefore be fixed.
(5) With a view to ensuring orderly management, preventing speculation and providing for effective controls, detailed rules should be laid down for submitting licence applications.
(6) In order to minimise the risk of fraud and to prevent any abuse associated with the eventual re-import or re-introduction into the Community of the isoglucose syrups concerned, certain countries of the Western Balkans should be excluded from the eligible destinations for out-of-quota isoglucose exports. However, those countries of the 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 risks of fraud are more limited.
(7) To assure coherence with the provisions relevant to exports in the sugar sector as laid down by Commission Regulation (EC) No 958/2006 of 28 June 2006 on a standing invitation to tender to determine refunds on exports of white sugar for the 2006/2007 marketing year (3) and Commission Regulation (EC) No 38/2007 of 17 January 2007 opening a standing invitation to tender for the resale for export of sugar held by the intervention agencies of Belgium, the Czech Republic, Spain, Ireland, Italy, Hungary, Poland, Slovakia and Sweden (4) exports of out-of-quota isoglucose should not be permitted to certain close destinations as well.
(8) In order to contravene the risk of re-importation 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 (5) and in Commission Regulation (EEC) 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 (6) are being respected, Member States should be required to take all the necessary control measures.
(9) 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 (7) further implementing provisions should be established for the administration of the quantitative limit to be fixed by this Regulation, in particular regarding the conditions for applying for export licences.
(10) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,