HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 318/2
EN
Official Journal of the European Union
1.12.2011
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 1238/2011
of 30 November 2011
amending Implementing Regulation (EU) No 372/2011 fixing the quantitative limit for the exports
of out-of-quota sugar and isoglucose until the end of the 2011/2012 marketing year
THE EUROPEAN COMMISSION,
licences cannot be submitted before that date in respect
of the quantitative limits fixed by that Regulation.
Having regard to the Treaty on the Functioning of the European
Union,
(4) According
to
most
recent
estimates
the
production
of
out-of-quota sugar could increase considerably in
marketing year 2011/2012 due to excellent weather
conditions and increased sowing area. Production of
Having regard to Council Regulation (EC) No 1234/2007 of
out-of-quota sugar is expected to increase from
22 October 2007 establishing a common organisation of agri
2 333 000 t in 2010/2011 to 4 920 000 tonnes in
cultural markets and on specific provisions for certain agri
2011/2012 and therefore additional market outlets for
cultural products (Single CMO Regulation) ( 1 ), and in particular
out-of-quota sugar should be ensured.
Article 61, first paragraph, point (d), in conjunction with
Article 4 thereof,
(5) Commission
Regulation
(EU)
No
397/2010
of
7
May
Whereas:
2010 fixing the quantitative limit for exports of out-of-
quota sugar and isoglucose until the end of the
2010/2011 marketing year ( 4 ) fixed the quantitative
limit for exports of out-of-quota isoglucose initially at
(1) According
to
Article
61,
first
paragraph,
point
(d)
of
50 000 tonnes. In view of the strong export demand
Regulation (EC) No 1234/2007, the sugar and isoglucose
that quantity was increased to 65 000 tonnes by
produced during a marketing year in excess of the quota
Commission Implementing Regulation (EU) No
referred to in Article 56 of that Regulation may be
852/2011 of 24 August 2011 amending Regulation
exported only within the quantitative limit to be fixed.
(EU) No 397/2010 as regards the quantitative limit for
the exports of out-of-quota isoglucose until the end of
the 2010/11 marketing year ( 5 ).
(2) Detailed
implementing
rules
for
out-of-quota
exports,
in
particular concerning the issue of export licences, are laid
down by Commission Regulation (EC) No 951/2006 of
(6) Taking
into
account
that
the
WTO
ceiling
for
exports
in
30 June 2006 laying down detailed rules for the imple
the 2011/2012 marketing year has not been fully used, it
mentation of Council Regulation (EC) No 318/2006 as
is appropriate to increase the export quantitative limit of
regards trade with third countries in the sugar sector ( 2 ).
out-of-quota sugar by 700 000 tonnes, to exploit all
However, the quantitative limit should be fixed per
possible outlet for the product available. This measure
marketing year in view of the possible opportunities on
will provide additional business opportunities for the
the export markets.
Union sugar sector. Similarly, on the basis of the
experience of the 2010/2011 marketing year, the quanti
tative limit for out-of-quota isoglucose exports should be
increased by 20 000 tonnes. In order that Union manu
(3) For
the
2011/2012
marketing
year,
Commission
Imple
facturers of out-of-quota sugar and isoglucose can exploit
menting Regulation (EU) No 372/2011 ( 3 ) fixed the
market opportunities on their export markets and benefit
quantitative limit for the exports at 650 000 tonnes in
from current high international prices it is appropriate to
the case of out-of-quota sugar and at 50 000 tonnes in
make available the increased quantities before 1 January
the case of out-of-quota isoglcuose. Implementing Regu
2012. To ensure good management of the market, appli
lation (EU) No 372/2011 is to apply only as from
cations for licenses for the 700 000 tonnes should be
1 January 2012 and thus applications for export
allowed as of 1 December 2011 whereas applications for
licenses for the 650 000 tonnes should only be allowed
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 2 ) OJ L 178, 1.7.2006, p. 24.
( 4 ) OJ L 115, 8.5.2010, p. 26.
( 3 ) OJ L 102, 16.4.2011, p. 8.
( 5 ) OJ L 219, 25.8.2011, p. 1.

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EN
1.12.2011 Official
Journal
of
the
European
Union L
318/3
as of 1 January 2012. Therefore, for the quantity of
(b) 650 000 tonnes shall be available as from 1 January
700 000 tonnes it is necessary to provide for a dero
2012.’;
gation from Commission Implementing Regulation (EU)
No 1010/2011 ( 1 ).
(b) the following paragraph is added:
(7) Implementing
Regulation
(EU)
No
372/2011
should
be
amended accordingly.
‘3. Article
1,
paragraph
3
of
Commission
Imple
menting Regulation (EU) No 1010/2011 (*) shall not
(8) The
measures
provided
for
in
this
Regulation
are
in
apply to the quantity of 700 000 tonnes which will
accordance with the opinion of the Management
be available as of 1 December 2011 in accordance
Committee for the Common Organisation of Agricultural
with paragraph 1 of this Article.
Markets,
___________
(*) OJ L 268, 13.10.2011, p. 14.';
HAS ADOPTED THIS REGULATION:
Article 1
(2) Article 2(1) is replaced by the following:
Implementing Regulation (EU) No 372/2011 is amended as
follows:
‘1. For
the
2011/2012
marketing
year,
running
from
1 October 2011 to 30 September 2012, the quantitative
limit referred to in Article 61, first subparagraph, point (d)
(1) Article 1 is amended as follows:
of Regulation (EC) No 1234/2007 shall be 70 000 tonnes,
in dry matter, for exports without refund of out-of-quota
(a) paragraph 1 is replaced by the following:
isoglucose falling within CN codes 1702
40
10,
1702 60 10 and 1702 90 30.’;
‘1. For
the
2011/2012
marketing
year,
running
from
1 October 2011 to 30 September 2012, the quanti
(3) In Article 3, the second paragraph is deleted.
tative limit referred to in Article 61, first subparagraph,
point (d) of Regulation (EC) No 1234/2007 shall be
1 350 000 tonnes for exports without refund of out-
Article 2
of-quota white sugar falling within CN code 1701 99.
This quantity shall be broken down as follows:
This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Union.
(a) 700 000 tonnes shall be available as from
1 December 2011; and
It shall apply from 1 December 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 November 2011.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 268, 13.10.2011, p. 14.

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