19.9.2008 EN 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 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 40(1) thereof,
Whereas:
(1) 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 for the application of the system of import and export licences and advance fixing certificates for agricultural products (2).
(2) 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.
(3) 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 content of syrups. It is therefore appropriate to harmonise the methods used in the case of export refunds with those laid down in Regulation (EC) No 952/2006.
(4) With a view to ensuring orderly management, preventing speculation and providing for effective controls, detailed rules should be laid down for submitting licence applications 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.
(5) Further implementing provisions should be established for the administration of the quantitative limit to be fixed by another Act, in particular regarding the conditions for applying for export licences.
(6) 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.
(7) 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 those documents that provide sufficient proofs of importation in case of differentiated export refunds. The same documents should also be accepted as proof for out-of-quota exports.
(8) Experience acquired has shown that the application for export licences concerning the specific (EX/IM) refining operations is very limited. Therefore, the 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.
(9) According to Article 3 of Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, 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.
(10) Part A of the Annex to Regulation (EC) No 951/2006 should be amended, as no reference to a specific Regulation 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 application 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,
Regulation (EC) No 951/2006 is amended as follows:
1. In Article 3, paragraphs 2 and 3 are replaced by the following:
2. The following Chapter IIa is inserted:
(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 at least that, to the knowledge of the authority or agency issuing the declaration, the product has not subsequently been reloaded with a view to being re-exported;
(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. Article 7 is replaced by the following:
4. The following Articles 7a to 7e are inserted:
(a) “out-of-quota sugar for export without refund”; or
(b) “out-of-quota isoglucose for export without refund”.
5. The following Article 8a is inserted:
6. In Section 1 of Chapter V, the following Article is added:
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 Regulation.
8. In Article 17, point (a) is amended as follows:
(a) the first indent is replaced by the following:
‘— 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:
10. Article 41 is deleted.
11. Part A of the Annex is replaced by the text in the Annex to this Regulation.
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.