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16.2.2013 Official
Journal
of
the
European
Union
L
45/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 131/2013
of 15 February 2013
laying down exceptional measures as regards the release of out-of-quota sugar and isoglucose on the
Union market at reduced surplus levy during the 2012/2013 marketing year
THE EUROPEAN COMMISSION,
tonnes in excess of the sugar quota set out in Article 56
of Regulation (EC) No 1234/2007. Taking account of the
foreseeable contractual commitments of sugar producers
Having regard to the Treaty on the Functioning of the European
in respect of certain industrial uses provided for in
Union,
Article 62 of that Regulation and of the 2012/2013
export commitments for out-of-quota sugar, substantial
quantities of out-of-quota sugar of at least 2 000 000
tonnes would still be available. Part of this sugar could
Having regard to Council Regulation (EC) No 1234/2007 of
be made available to alleviate the tight supply of the
22 October 2007 establishing a common organisation of agri
Union sugar food market and to avoid excessive price
cultural markets and on specific provisions for certain agri
increases.
cultural products (Single CMO Regulation) ( 1 ) and in particular
Article 64(2) and Article 186, in conjunction with Article 4
thereof,
(4) In
order
to
ensure
the
fluidity
of
the
market,
it
is
necessary to release out-of-quota sugar. It should be
Whereas:
possible to take such a measure each time it is

necessary during the marketing year 2012/2013.
(1) During
the
2011/2012
sugar
marketing
year,
the
Union
average bulk white sugar ex-factory price reached a level
(5) Pursuant
to
Articles
186
and
188
of
Regulation
(EC)
No
of 175 % of the reference price of EUR 404 per tonne
1234/2007 measures may be taken, when necessary, to
and was approximately EUR 275 per tonne higher than
remedy market disturbances or the risk of disturbances,
the world market price. The Union price is now stable at
where, in particular, these result from a significant rise of
a level of around EUR 700 per tonne, which is the
prices in the Union, provided that this objective cannot
highest level reached since the reform of the sugar
be reached by means of other measures available under
market organisation and disturbs the optimal fluidity of
that Regulation. Given the current market circumstances,
the sugar supply on the Union market. The expected
Regulation (EC) No 1234/2007 does not provide for any
increase of this already high price level during the
specific measures aimed at limiting the high sugar price
2012/2013 marketing year substantiates the risk of
trend and allowing sugar supply at reasonable prices on
serious market disturbances which should be prevented
the Union market, other than those based on Article 186
by the necessary measures.
of that Regulation.
(2) Based
on
the
estimated
supply
and
demand
for
2012/2013, the ending stocks for the sugar market are
(6) Article
64(2)
of
Regulation
(EC)
No
1234/2007
empowers the Commission to fix the surplus levy on
expected to be lower by at least 0,5 million tonne than
sugar and isoglucose produced in excess of the quota
in 2011/2012. This figure already takes into account the
at a sufficiently high level in order to avoid the accumu
imports from third countries benefiting from certain
lation of surplus quantities. Article 3(1) of Commission
preferential agreements.
Regulation (EC) No 967/2006 of 29 June 2006 laying
down detailed rules for the application of Council Regu
lation (EC) No 318/2006 as regards sugar production in
(3)
On the other hand, the expectations of a good harvest
excess of the quota ( 2 ) has fixed that levy at EUR 500 per
lead to estimate the production of nearly 5 400 000
tonne.
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 2 ) OJ L 176, 30.6.2006, p. 22.

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L 45/2
EN
Official Journal of the European Union
16.2.2013
(7)
For a limited quantity of sugar produced in excess of the
(18) Sugar
quantities
released
on
the
Union
market
of
quan
quota, a reduced surplus levy should be fixed at a level
tities in excess of the certificates issued under this Regu
per tonne allowing for a fair treatment of Union sugar
lation should be subject the surplus levy set out in
producers, ensuring the good functioning of the Union
Article 64(2) of Regulation (EC) No 1234/2007. It is
sugar market and helping to reduce the difference
therefore appropriate to provide that any applicant not
between Union and world market sugar prices without
fulfilling his commitment to release on the Union market
creating risks of accumulation of surpluses in the Union
the quantity covered by a certificate delivered to him,
market.
should also pay an amount of EUR 500 per tonne.
This consistent approach is aimed at preventing abuse
of the mechanism introduced by this Regulation.
(8) As
Regulation
(EC)
No
1234/2007
fixes
quotas
for
both
sugar and isoglucose, a similar measure should apply for
an appropriate quantity of isoglucose produced in excess
(19) For
the
purpose
of
establishing
average
prices
for
quota
of the quota because the latter product is, to some extent,
and out-of-quota sugar on the Union market in
a commercial substitute for sugar.
accordance with Article 13(1) of Commission Regulation
(EC) No 952/2006 of 29 June 2006 laying down detailed
(9) With
a
view
to
increasing
the
supply,
sugar
and
isog
rules for the application of Council Regulation (EC) No
lucose producers should apply to the competent auth
318/2006 as regards the management of the Community
orities of the Member States for certificates allowing
market in sugar and the quota system ( 1 ), sugar covered
them to sell certain quantities, produced above the
by a certificate issued pursuant to this Regulation should
quota limit, on the Union market with a reduced
be considered as quota sugar.
surplus levy.
(20) In
accordance
with
Article
2(1)(a)
of
Council
Decision
(10) The
reduced
surplus
levy
should
be
paid
after
the
appli
2007/436/EC, Euratom of 7 June 2007 on the system
cation is admitted and before the certificate is issued.
of the European Communities’ own resources
( 2 )
contributions and other duties provided for within the
framework of the common organisation of the markets
(11) The
validity
of
the
certificates
should
be
limited
in
time
in the sugar sector are to constitute own resources. It is
to encourage a fast improvement of the supply situation.
therefore necessary to set the date of establishment of the
amounts in question within the meaning of Article 2(2)
and Article 6(3)(a) of Council Regulation (EC, Euratom)
(12) Fixing
upper
limits
of
the
quantities
for
which
each
No 1150/2000 of 22 May 2000 implementing Decision
producer can apply in one application period and
2007/436/EC, Euratom on the system of the European
restricting the certificates to products of the applicant’s
Communities’ own resources (
own production should prevent speculative actions

3 ).
within the system created by this Regulation.
(21) The
measures
provided
for
in
this
Regulation
are
in
(13) With
their
application,
sugar
producers
should
commit
accordance with the opinion of the Management
themselves to pay the minimum price for sugar beet used
Committee for the Common Organisation of Agricultural
to produce the quantity of sugar for which they apply.
Markets,
The minimum eligibility requirements for applications
should be specified.
HAS ADOPTED THIS REGULATION:
(14) The
competent
authorities
of
the
Member
States
should
notify the Commission of the applications received. In
Article 1
order to simplify and standardise those notifications,
models should be made available.
Temporary reduction of the surplus levy
1. By
way
of
derogation
from
Article
3(1)
of
Regulation
(EC)
No 967/2006, the amount of the surplus levy for a maximum
(15) The Commission should ensure that certificates are
granted only within the quantitative limits fixed in this
quantity of 150 000 tonnes of sugar in white sugar equivalent
Regulation. Therefore, if necessary, the Commission
and 8 000 tonnes of isoglucose in dry matter, produced in
should be able to fix an allocation coefficient applicable
excess of the quota fixed in Annex VI to Regulation (EC) No
to the applications received.
1234/2007 and released on the Union market in the

2012/2013 marketing year, shall be fixed at EUR 224 per
tonne.
(16) Member
States
should
immediately
inform
the
applicants
whether the quantity applied for was fully or partially
granted.
2. The
reduced
surplus
levy
provided
for
in
paragraph
1
shall
be paid after the application referred to in Article 2 is admitted
and before the certificate referred to in Article 6 is issued.
(17) The
competent
authorities
should
notify
the
Commission
of the quantities for which certificates with a reduction of
( 1 ) OJ L 178, 1.7.2006, p. 39.
the surplus levy have been issued. For this purpose,
( 2 ) OJ L 163, 23.6.2007, p. 17.
models should be made available by the Commission.
( 3 ) OJ L 130, 31.5.2000, p. 1.

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EN
16.2.2013 Official
Journal
of
the
European
Union
L
45/3
Article 2
6. An
application
which
is
not
submitted
in
accordance
with
paragraphs 1 to 5 shall not be admissible.
Application for certificates
1. In
order
to
benefit
from
the
conditions
specified
in
7. An
application
may
not
be
withdrawn
or
amended
after
Article 1, sugar and isoglucose producers shall apply for a
its submission, even if the quantity applied for is granted only
certificate.
partially.
2. Applicants
may
be
only
undertakings
producing
beet
and
Article 3
cane sugar or isoglucose, which are approved in accordance
with Article 57 of Regulation (EC) No 1234/2007 and have
Submission of applications
been allocated a production quota for the 2012/2013
marketing year, in accordance with Article 56 of that Regu
The period during which applications may be submitted shall
lation.
end on 26 February 2013 at 12 noon, Brussels time.
3. Each
applicant
may
submit
not
more
than
one
application
Article 4
for sugar and one for isoglucose per application period.
Transmission of applications by the Member States
1. The
competent
authorities
of
the
Member
States
shall
4. Applications
for
certificates
shall
be
submitted
by
fax
or decide on the admissibility of applications on the basis of the
electronic mail to the competent authority in the Member State
conditions set out in Article 2. Where the competent authorities
in which the undertaking was approved. The competent auth
decide that an application is inadmissible, they shall inform the
orities of the Member States may require that electronic appli
applicant without delay.
cations be accompanied by an advance electronic signature
within the meaning of Directive 1999/93/EC of the European
Parliament and of the Council ( 1 ).
2. The
competent
authority
shall
notify
the
Commission
on
Friday at the latest, by fax or electronic mail, of the admissible
applications submitted during the preceding application period.
5. To
be
admissible,
the
applications
shall
fulfil
the
following That notification shall not contain the data referred to in
conditions:
Article 2(5)(a)(i). Member States that received no applications
but have sugar or isoglucose quota allocated to them in the
(a) the applications shall indicate:
2012/2013 marketing year, shall also send their nil returns
notifications to the Commission within the same time limit.
(i) the name, address and VAT number of the applicant;
and
3. The
form
and
content
of
the
notifications
shall
be
defined
on the basis of models made available by the Commission to
(ii) the quantities applied for, expressed in tonnes of white
the Member States.
sugar equivalent and tonnes of isoglucose in dry matter,
rounded to no decimal places;
Article 5
Exceeded limits
(b) the quantities applied for in this application period,
expressed in tonnes of white sugar equivalent and tonnes
When the information notified by the competent authorities of
of isoglucose in dry matter, shall not exceed 50 000 tonnes
the Member States pursuant to Article 4(2) indicates that the
in the case of sugar and 2 500 tonnes in the case of isog
quantities applied for exceed the limits set out in Article 1, the
lucose;
Commission shall:
(c) if the application concerns sugar, the applicant shall commit
(a) fix an allocation coefficient, which the Member States shall
himself to pay the minimum beet price, set out in Article 49
apply to the quantities covered by each notified certificate
of Regulation (EC) No 1234/2007, for the quantity of sugar
application;
covered by certificates issued in accordance with Article 6 of
this Regulation;
(b) reject applications not yet notified.
(d) the application shall be written in the official language or
Article 6
one of the official languages of the Member State in which
the application is lodged;
Issue of certificates
1. Without
prejudice
to
Article
5,
on
the
10th
working
day
(e) the application shall indicate a reference to this Regulation
following a week where the application period ended, the
and the expiry date for the submission of the applications;
competent authority shall issue certificates for the applications
notified to the Commission, in accordance with Article 4(2).
(f) the applicant shall not introduce any additional conditions
to those laid down in this Regulation.
2. Each
Monday
Member
States
shall
notify
the
Commission
of the quantities of sugar and/or isoglucose for which they
( 1 ) OJ L 13, 19.1.2000, p. 12.
issued certificates in the preceding week.

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L 45/4
EN
Official Journal of the European Union
16.2.2013
3. A template of the certificate is set out in the Annex.
3. Member
States
shall
notify
the
Commission
of
the
quan
tities not released on the Union market.
Article 7
Validity of certificates
4. Member
States
shall
calculate
and
notify
the
Commission
Certificates shall be valid until the end of the second month
of the difference between the total quantity of sugar and isog
following the month of issue.
lucose produced by each producer in excess of the quota and
the quantities which have been disposed by the producers in
Article 8
accordance with the second subparagraph of Article 4(1) of
Regulation (EC) No 967/2006. If the remaining quantities of
Transferability of certificates
out-of-quota sugar or isoglucose of a producer are less than the
quantities issued for that producer for under this Regulation, the
Neither the rights nor the obligations deriving from the
producer shall pay an amount of EUR 500 per tonne on that
certificates shall be transferable.
difference.
Article 9
5. The notifications provided for in paragraphs 3 and 4 shall
Price reporting
be made not later than 30 June 2014.
For the purpose of Article 13(1) of Regulation (EC) No
952/2006, the quantity of sugar sold which is covered by a
Article 11
certificate issued pursuant to this Regulation shall be considered
as quota sugar.
Date of establishment
Article 10
For the purposes of Article 2(2) and Article 6(3)(a) of Regu
lation (EC, Euratom) No 1150/2000, the date of establishment
Monitoring
of the Union’s entitlement shall be the date on which the
surplus levy is paid by the applicants in accordance with
1. Applicants
shall
add
to
their
monthly
notifications Article 1(2) of this Regulation.
provided for in Article 21(1) of Regulation (EC) No 952/2006
the quantities for which they received certificates in accordance
with Article 6 of this Regulation.
Article 12
2. Before
31
October
2013,
each
holder
of
a
certificate
Entry into force
under this Regulation shall submit to the competent authorities
This Regulation shall enter into force on the third day following
of the Member States proof that all quantities covered by his
that of its publication in the Official Journal of the European
certificates were released on the Union market. Each tonne
Union.
covered by a certificate but not released on the Union market
for reasons other than force majeure, shall be subject to payment
of an amount of EUR 276 per tonne.
It shall expire on 30 June 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 February 2013.
For the Commission
The President
José Manuel BARROSO

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EN
16.2.2013 Official
Journal
of
the
European
Union
L
45/5
ANNEX
Model for the certificate referred to in Article 6(3)
CERTIFICATE
for the reduction, for the 2012/2013 marketing year, of the levy provided for in Article 3 of Regulation (EC)
No 967/2006
Member State:
Quota holder:
Product:
Quantities applied:
Quantities issued:
Levy paid (EUR/t): 224
For the 2012/2013 marketing year, the levy referred to in Article 3 of Regulation (EC) No 967/2006 shall not apply to
the quantities issued of this certificate, subject to the respect of the rules laid down in Implementing Regulation (EU)
No 131/2013, in particular in Article 2(5)(c).
Signature of the competent authority of the Member State
Date of issue
This certificate shall be valid until the end of the second month following the date of issue.

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Document Outline

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