29.9.2010 EN Official Journal of the European Union L 254/29
COMMISSION REGULATION (EU) No 858/2010
of 28 September 2010
amending Regulation (EC) No 951/2006 as regards out-of-quota exports and export licences
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 134 and 161(3), in conjunction with Article 4 thereof,
Whereas:
(1) 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), establishes detailed rules for out-of-quota exports in the sugar sector.
(2) Article 4c of Regulation (EC) No 951/2006 provides for documents constituting proofs of arrival at destination, which must be furnished in case certain destinations are not eligible for exports of out-of-quota sugar and/or isoglucose. However, the risks of eventual trade frauds are rather limited where the quantity of sugar is small. To simplify the necessary administrative work it is therefore appropriate to provide for derogation from this rule in the case of quantities not exceeding 25 tonnes.
(3) Article 7c of Regulation (EC) No 951/2006 lays down provisions for communication on out-of-quota exports. In order to improve the management of the out-of-quota export regime it is appropriate to clarify that the communication of Member States on the applied quantities should be broken down by applicants as well.
(4) For the 2010/2011 marketing year Article 1(1) of Commission Regulation (EU) No 397/2010 of 7 May 2010 fixing the quantitative limit for exports of out-of-quota sugar and isoglucose until the end of the 2010/2011 marketing year (3) fixed the quantitative limit at 650 000 tonnes for white sugar falling within CN code 1701 99, i.e. for 6-digit code. In the case where demand is strong for the export licences and the annual quantitative limit is rapidly used, operators who export white sugar under different CN codes might not be able to obtain sufficient licences to cover their traditional markets. In order to improve the flexibility of the out-of-quota regime it is appropriate to allow that export licences issued for a white sugar product falling within CN code 1701 99 can also be used for the exports of a different white sugar product falling within the same CN code.
(5) According to Article 8a(b) of Regulation (EC) No 951/2006 export licences for out-of-quota sugar or isoglucose issued as from 1 April 2010 are valid as of their date of issue until the end of the fifth month thereafter. However, that may cause serious difficulties for certain exporters, namely the ones that supply their traditional markets throughout the marketing year. It is therefore appropriate that the provisions for the marketing year 2009/2010 apply on a permanent basis.
(6) In accordance with Article 1(2)(b)(i) 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 (4) export licences shall be presented in the case of exports of sugar products falling under CN code 1701. Pursuant to Part II of Annex II to that Regulation the amount of security to be lodged is fixed at EUR 110 per tonne. For reasons of legal certainty and to ensure equal treatment of operators in each Member State it is appropriate to clarify in Article 12a(1) of Regulation (EC) No 951/2006 that the security shall be lodged also in case of out-of-quota sugar exports.
(7) Regulation (EC) No 951/2006 should therefore be amended accordingly.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
Regulation (EC) No 951/2006 is amended as follows:
1. in Article 4c of Chapter IIa the following paragraph 4 is added:
2. Chapter III is amended as follows:
(a) the second subparagraph of Article 7c(1) is replaced by the following:
(b) the following Article 7f is inserted:
(c) Article 8a is replaced by the following:
(a) licences issued between 1 October and 30 April of the marketing year concerned shall be valid as of their date of issue until 30 September of the marketing year in question;
(b) licences issued between 1 May and 30 September of the marketing year concerned shall be valid as of their date of issue until the end of the fifth month thereafter.’;
3. in Chapter V Article 12a is amended as follows:
(a) paragraph 1 is replaced by the following:
(b) paragraph 4 is replaced by the following:
Entry into force
This Regulation shall enter into force on 1 October 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.