Eurlexa

Article 1Regulation (EC) No 951/2006 is amended as follows:1.In Article 3, paragraphs 2 and 3 are replaced by the following:"2.Without prejudice to paragraphs 3 and 4, the sucrose content plus, where applicable, the content of other sugars expressed as sucrose shall be calculated in accordance with points (d) and (e) of Article 3(3) of Commission Regulation (EC) No 952/2006OJ L 178, 1.7.2006, p. 39.".3.In the case of syrups of a purity of not less than 85 % but less than 94,5 %, the sucrose content plus, where applicable, the content of other sugars expressed as sucrose shall be fixed at a flat rate of 73 % by weight in the dry state.

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OJ L 178, 1.7.2006, p. 39."2.The following Chapter IIa is inserted:"CHAPTER IIaOUT-OF-QUOTA EXPORTS

Article 4cProofs of arrival at destinationWhere certain destinations are excluded for exports of out-of-quota sugar and/or isoglucose, products shall be deemed to have been imported into a third country on presentation of the following three documents:(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:

"Article 7Export licence for sugar or isoglucose without refundWhere sugar or isoglucose in free circulation in the Community market and not considered as "out-of-quota" is to be exported without refund, section 20 of the licence application and of the licence shall contain one of the entries listed in Part C of the Annex, according to the product in question as the case may be."

4.The following Articles 7a to 7e are inserted:

"Article 7aExport licences for out-of-quota exportsBy way of derogation from the provisions of Article 5, exports of out-of-quota isoglucose within the quantitative limit referred to in Article 12(d) of Regulation (EC) No 318/2006 shall be subject to the presentation of an export licence.

Article 7bApplication for out-of-quota export licences1.Applications for export licences in respect of the quantitative limit to be fixed pursuant to Article 12(d) of Regulation (EC) No 318/2006 may be submitted only by producers of beet and cane sugar or producers of isoglucose which are approved in accordance with Article 17 of Regulation (EC) No 318/2006 and to which a sugar or isoglucose quota has been allocated in respect of the marketing year concerned in accordance with Article 7 of that Regulation, account being taken of, as the case may be, of Articles 8, 9 and 11 of that Regulation.2.Applications for export licences shall be submitted to the competent authorities of the Member State in which the applicant has been allocated a sugar or an isoglucose quota.3.Applications for export licences shall be submitted each week, from Monday to Friday, starting on the date of entry into force of the Regulation fixing the quantitative limit pursuant to Article 12(d) of Regulation (EC) No 318/2006 and until the issue of licences is discounted in accordance with Article 7e.4.Applicants may submit one application for export licence per week. The quantity applied for in respect of each export licence shall not exceed 20000 tonnes in the case of sugar and 5000 tonnes in the case of isoglucose.5.The application for export licence shall be accompanied by proof that the security referred to in Article 12a(1) has been lodged.6.Box 20 of the application for an export licence and the licence, as well as box 44 of the export declaration shall contain one of the following entries as the case may be:(a)"out-of-quota sugar for export without refund"; or(b)"out-of-quota isoglucose for export without refund".

Article 7cCommunication on out-of-quota exports1.Member States shall notify the Commission, between Friday 1 p.m. (Brussels time) and the following Monday, of the quantities of sugar and/or isoglucose, for which applications for export licence have been submitted during the preceding week.The quantities applied for shall be broken down by eight-digit CN code. The Member States shall also inform the Commission if no applications for export licences have been submitted.This paragraph shall only apply to Member States for which a sugar and/or an isoglucose quota was fixed by Annex III and/or Point II of Annex IV to Regulation (EC) No 318/2006.2.The Commission shall draw up weekly records of the quantities for which export licence applications have been submitted.

Article 7dIssue of licences1.Every week from Friday and until the end of the following week at the latest Member States shall issue licences for the applications submitted the preceding week and notified as provided for in Article 7c(1), as the case may be taking account of the allocation coefficient fixed by the Commission in accordance with Article 7e.Export licences shall not be issued for quantities that had not been communicated.2.Member States shall communicate, on the first working day of each week, to the Commission, the quantities of sugar and/or isoglucose for which export licences have been issued during the preceding week.3.Member States shall keep a record of the quantities of sugar and/or isoglucose actually exported under the export licences.4.Member States shall communicate to the Commission before the end of each month, the quantities of sugar and/or isoglucose actually exported under the export licences during the preceding month.5.Paragraphs 2, 3 and 4 of this Article shall only apply to Member States for which a sugar and/or an isoglucose quota was fixed by Annex III and/or Point II of Annex IV to Regulation (EC) No 318/2006.

Article 7eSuspension of issuing export licences for out-of-quota exportsWhere the quantities applied for export licences exceed the quantitative limit fixed pursuant to Article 12(d) of Regulation (EC) No 318/2006 for the period concerned, the provisions laid down in Article 9 of this Regulation shall apply mutatis mutandis."

5.The following Article 8a is inserted:

"Article 8aValidity of export licences for out-of-quota exportsBy way of derogation from the provisions of Article 5 of this Regulation export licences issued in respect of the quantitative limit fixed pursuant to Article 12(d) of Regulation (EC) No 318/2006 shall be valid from the actual day of issue until 30 September of the marketing year in respect of which the export licence was issued."

6.In Section 1 of Chapter V, the following Article is added:

"Article 12aSecurity for licences for out-of-quota exports1.The applicant shall lodge a security of EUR 42 per tonne net dry matter in the case of out-of-quota isoglucose to be exported within the fixed quantitative limit.2.The security referred to in paragraph 1 may be lodged at the applicant’s choice, either in cash or in the form of a guarantee given by an establishment complying with criteria laid down by the Member State in which the application for the licence is submitted.3.The security referred to in paragraph 1 shall be released in accordance with Article 34 of Regulation (EC) No 376/2008 for the quantity for which the applicant has fulfilled, within the meaning of Articles 30(b) and 31(b)(i) of Regulation (EC) No 376/2008, the export obligation resulting from the licences issued in accordance with Article 7c of this Regulation.4.Where certain destinations are excluded for exports of out-of-quota sugar and/or isoglucose within the quantitative limit fixed the security referred to in paragraph 1 shall be released only if, besides account being taken of paragraph 3, the three documents referred to in Article 4c are presented."

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 17019100, 17019910 and 17019990,";(b)the third indent is replaced by the following:"—sucrose syrups, expressed as white sugar, falling within CN codes 17029071, 17029095 and 21069059,";(c)the fifth indent is deleted.9.Article 21 is replaced by the following:

"Article 21Methods of communicationThe communication of Member States provided for in this Chapter shall be transmitted electronically in accordance with methods made available to the Member States by the Commission."

10.Article 41 is deleted.11.Part A of the Annex is replaced by the text in the Annex to this Regulation.

Article 2Entry into forceThis Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

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