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23.3.2013 Official
Journal
of
the
European
Union L
84/19
COMMISSION IMPLEMENTING REGULATION (EU) No 281/2013
of 22 March 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,
(5) Pursuant
to
Articles
186
and
188
of
Regulation
(EC)
No
1234/2007 measures may be taken, when necessary, to
remedy market disturbances or the risk of disturbances,
Having regard to the Treaty on the Functioning of the European
where, in particular, these result from a significant rise of
Union,
prices in the Union, provided that this objective cannot
be reached by means of other measures available under
Having regard to Council Regulation (EC) No 1234/2007 of
that Regulation. Given the current market circumstances,
22 October 2007 establishing a common organisation of agri
Regulation (EC) No 1234/2007 does not provide for any
cultural markets and on specific provisions for certain agri
specific measures aimed at limiting the high sugar price
cultural products (Single CMO Regulation) ( 1 ) and in particular
trend and allowing sugar supply at reasonable prices on
Article 64(2) and Article 186, in conjunction with Article 4
the Union market, other than those based on Article 186
thereof,
of that Regulation.
Whereas:
(6) Article
64(2)
of
Regulation
(EC)
No
1234/2007
empowers the Commission to fix the surplus levy on
(1) During
the
2011/2012
sugar
marketing
year,
the
Union
sugar and isoglucose produced in excess of the quota
average bulk white sugar ex-factory price reached a level
at a sufficiently high level in order to avoid the accumu
of 175 % of the reference price of EUR 404/tonne and
lation of surplus quantities. Article 3(1) of Commission
was approximately EUR 275/tonne higher than the world
Regulation (EC) No 967/2006 of 29 June 2006 laying
market price. The Union price is now stable at a level of
down detailed rules for the application of Council Regu
around EUR 700/tonne, which is the highest level
lation (EC) No 318/2006 as regards sugar production in
reached since the reform of the sugar market organi
excess of the quota (
sation and disturbs the optimal fluidity of the sugar

2 ) has fixed that levy at EUR 500 per
tonne.
supply on the Union market. The expected increase of
this already high price level during the 2012/2013
marketing year substantiates the risk of serious market
disturbances which should be prevented by the necessary
(7)
For a limited quantity of sugar produced in excess of the
measures.
quota, a reduced surplus levy should be fixed at a level
per tonne allowing for a fair treatment of Union sugar
(2) Based
on
the
estimated
supply
and
demand
for
producers, ensuring the good functioning of the Union
2012/2013, the ending stocks for the sugar market are
sugar market and helping to reduce the difference
expected to be lower by at least 0,5 million tonne than
between Union and world market sugar prices without
in 2011/2012. This figure already takes into account the
creating risks of accumulation of surpluses in the Union
imports from third countries benefiting from certain
market.
preferential agreements.
(3)
On the other hand, the expectations of a good harvest
(8) As
Regulation
(EC)
No
1234/2007
fixes
quotas
for
both
lead to estimate the production of nearly 5 400 000
sugar and isoglucose, a similar measure should apply for
tonnes in excess of the sugar quota set out in Article 56
an appropriate quantity of isoglucose produced in excess
of Regulation (EC) No 1234/2007. Taking account of the
of the quota because the latter product is, to some extent,
foreseeable contractual commitments of sugar producers
a commercial substitute for sugar.
in respect of certain industrial uses provided for in
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
(9) With
a
view
to
increasing
the
supply,
sugar
and
isog
tonnes would still be available. Part of this sugar could
lucose producers should apply to the competent auth
be made available to alleviate the tight supply of the
orities of the Member States for certificates allowing
Union sugar food market and to avoid excessive price
them to sell certain quantities, produced above the
increases.
quota limit, on the Union market with a reduced
surplus levy.
(4) In order to ensure the fluidity of the market, it is
necessary to release out-of-quota sugar. It should be
possible to take such a measure each time it is
(10) The
reduced
surplus
levy
should
be
paid
after
the
appli
necessary during the marketing year 2012/2013.
cation is admitted and before the certificate is issued.
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 2 ) OJ L 176, 30.6.2006, p. 22.

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L 84/20
EN
Official Journal of the European Union
23.3.2013
(11) The
validity
of
the
certificates
should
be
limited
in
time
of the European Communities’ own resources
( 2 )
to encourage a fast improvement of the supply situation.
contributions and other duties provided for within the
framework of the common organisation of the markets
in the sugar sector are to constitute own resources. It is
(12) Fixing
upper
limits
of
the
quantities
for
which
each
therefore necessary to set the date of establishment of the
producer can apply in one application period and
amounts in question within the meaning of Articles 2(2)
restricting the certificates to products of the applicant’s
and Article 6(3)(a) of Council Regulation (EC, Euratom)
own production should prevent speculative actions
No 1150/2000 of 22 May 2000 implementing Decision
within the system created by this Regulation.
2007/436/EC, Euratom on the system of the European
Communities own resources ( 3 ).
(13) With
their
application,
sugar
producers
should
commit
themselves to pay the minimum price for sugar beet used
(21) The
measures
provided
for
in
this
Regulation
are
in
to produce the quantity of sugar for which they apply.
accordance with the opinion of the Management
The minimum eligibility requirements for applications
Committee for the Common Organisation of Agricultural
should be specified.
Markets,
(14) The
competent
authorities
of
the
Member
States
should
HAS ADOPTED THIS REGULATION:
notify the Commission of the applications received. In
order to simplify and standardise those notifications,
models should be made available.
Article 1

Temporary reduction of the surplus levy
(15) The Commission should ensure that certificates are
1. By
way
of
derogation
from
Article
3(1)
of
Regulation
(EC)
granted only within the quantitative limits fixed in this
No 967/2006, the amount of the surplus levy for a maximum
Regulation. Therefore, if necessary, the Commission
quantity of 150 000 tonnes of sugar in white sugar equivalent
should be able to fix an allocation coefficient applicable
and 8 000 tonnes of isoglucose in dry matter, produced in
to the applications received.
excess of the quota fixed in Annex VI to Regulation (EC) No
1234/2007 and released on the Union market in the
2012/2013 marketing year, shall be fixed at EUR 172 per
(16) Member
States
should
immediately
inform
the
applicants
tonne.
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
(17) The
competent
authorities
should
notify
the
Commission
and before the certificate referred to in Article 6 is issued.
of the quantities for which certificates with a reduction of
the surplus levy have been issued. For this purpose,
models should be made available by the Commission.
Article 2
Application for certificates
(18) Sugar
quantities
released
on
the
Union
market
of
quan
1. In
order
to
benefit
from
the
conditions
specified
in
tities in excess of the certificates issued under this Regu
Article 1, sugar and isoglucose producers shall apply for a
lation should be subject the surplus levy set out in
certificate.
Article 64(2) of Regulation (EC) No 1234/2007. It is
therefore appropriate to provide that any applicant not
fulfilling his commitment to release on the Union market
2. Applicants
may
be
only
undertakings
producing
beet
and
the quantity covered by a certificate delivered to him,
cane sugar or isoglucose, which are approved in accordance
should also pay an amount of EUR 500 per tonne.
with Article 57 of Regulation (EC) No 1234/2007 and have
This consistent approach is aimed at preventing abuse
been allocated a production quota for the 2012/2013
of the mechanism introduced by this Regulation.
marketing year, in accordance with Article 56 of that Regu
lation.
(19) For
the
purpose
of
establishing
average
prices
for
quota
and out-of-quota sugar on the Union market in
3. Each
applicant
may
submit
not
more
than
one
application
accordance with Article 13(1) of Commission Regulation
for sugar and one for isoglucose per application period.
(EC) No 952/2006 of 29 June 2006 laying down detailed
rules for the application of Council Regulation (EC) No
4. Applications
for
certificates
shall
be
submitted
by
fax
or
318/2006 as regards the management of the Community
electronic mail to the competent authority in the Member State
market in sugar and the quota system ( 1 ), sugar covered
in which the undertaking was approved. The competent auth
by a certificate issued pursuant to this Regulation should
orities of the Member States may require that electronic appli
be considered as quota sugar.
cations be accompanied by an advance electronic signature
within the meaning of Directive 1999/93/EC of the European
Parliament and of the Council ( 4 ).
(20) In
accordance
with
Article
2(1)(a)
of
Council
Decision
2007/436/EC, Euratom of 7 June 2007 on the system
( 2 ) OJ L 163, 23.6.2007, p. 17.
( 3 ) OJ L 130, 31.5.2000, p. 1.
( 1 ) OJ L 178, 1.7.2006, p. 39.
( 4 ) OJ L 13, 19.1.2000, p. 12.

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EN
23.3.2013 Official
Journal
of
the
European
Union L
84/21
5. To
be
admissible,
the
applications
shall
fulfil
the
following
Article 5
conditions:
Exceeded limits
(a) the applications shall indicate:
When the information notified by the competent authorities of
(i) the name, address and VAT number of the applicant;
the Member States pursuant to Article 4(2) indicates that the
and
quantities applied for exceed the limits set out in Article 1, the
Commission shall:
(ii) the quantities applied for, expressed in tonnes of white
sugar equivalent and tonnes of isoglucose in dry matter,
(a) fix an allocation coefficient, which the Member States shall
rounded to no decimal places;
apply to the quantities covered by each notified certificate
application;
(b) the quantities applied for in this application period,
expressed in tonnes of white sugar equivalent and tonnes
(b) reject applications not yet notified.
of isoglucose in dry matter, shall not exceed 50 000 tonnes
in the case of sugar and 2 500 tonnes in the case of isog
Article 6
lucose;
Issue of certificates
(c) if the application concerns sugar, the applicant shall commit
himself to pay the minimum beet price, set out in Article 49
1. Without
prejudice
to
Article
5,
on
the
10th
working
day
of Regulation (EC) No 1234/2007, for the quantity of sugar
following a week where the application period ended, the
covered by certificates issued in accordance with Article 6 of
competent authority shall issue certificates for the applications
this Regulation;
notified to the Commission, in accordance with Article 4(2).
(d) the application shall be written in the official language or
2. Each
Monday
Member
States
shall
notify
the
Commission
one of the official languages of the Member State in which
of the quantities of sugar and/or isoglucose for which they
the application is lodged;
issued certificates in the preceding week.
(e) the application shall indicate a reference to this Regulation
and the expiry date for the submission of the applications;
3. A template of the certificate is set out in the Annex.
(f) the applicant shall not introduce any additional conditions
Article 7
to those laid down in this Regulation.
Validity of certificates
6. An
application
which
is
not
submitted
in
accordance
with Certificates shall be valid until the end of the second month
paragraphs 1 to 5 shall not be admissible.
following the month of issue.
7. An
application
may
not
be
withdrawn
or
amended
after
its submission, even if the quantity applied for is granted only
Article 8
partially.
Transferability of certificates
Article 3
Neither the rights nor the obligations deriving from the
certificates shall be transferable.
Submission of applications
The period during which applications may be submitted shall
Article 9
end on 3 April 2013 at 12 noon, Brussels time.
Price reporting
Article 4
For the purpose of Article 13(1) of Regulation (EC) No
Transmission of applications by the Member States
952/2006, the quantity of sugar sold which is covered by a
certificate issued pursuant to this Regulation shall be considered
1. The
competent
authorities
of
the
Member
States
shall as quota sugar.
decide on the admissibility of applications on the basis of the
conditions set out in Article 2. Where the competent authorities
Article 10
decide that an application is inadmissible, they shall inform the
applicant without delay.
Monitoring
2. The
competent
authority
shall
notify
the
Commission
on
1. Applicants
shall
add
to
their
monthly
notifications
Friday at the latest, by fax or electronic mail, of the admissible
provided for in Article 21(1) of Regulation (EC) No 952/2006
applications submitted during the preceding application period.
the quantities for which they received certificates in accordance
That notification shall not contain the data referred to in
with Article 6 of this Regulation.
Article 2(5)(a)(i). Member States that received no applications
but have sugar or isoglucose quota allocated to them in the
2. Before
31
October
2013,
each
holder
of
a
certificate
2012/2013 marketing year, shall also send their nil returns
under this Regulation shall submit to the competent authorities
notifications to the Commission within the same time limit.
of the Member States proof that all quantities covered by his
certificates were released on the Union market. Each tonne
3. The
form
and
content
of
the
notifications
shall
be
defined covered by a certificate but not released on the Union market
on the basis of models made available by the Commission to
for reasons other than force majeure, shall be subject to payment
the Member States.
of an amount of EUR 328/tonne.

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L 84/22
EN
Official Journal of the European Union
23.3.2013
3. Member States shall notify the Commission of the quan
Article 11
tities not released on the Union market.
Date of establishment
4. Member
States
shall
calculate
and
notify
the
Commission
For the purposes of Article 2(2) and Article 6(3)(a) of Regu
of the difference between the total quantity of sugar and isog
lation (EC, Euratom) No 1150/2000, the date of establishment
lucose produced by each producer in excess of the quota and
of the Union’s entitlement shall be the date on which the
the quantities which have been disposed by the producers in
surplus levy is paid by the applicants in accordance with
accordance with the second subparagraph of Article 4(1) of
Article 1(2) of this Regulation.
Regulation (EC) No 967/2006. If the remaining quantities of
out-of-quota sugar or isoglucose of a producer are less than the
Article 12
quantities issued for that producer for under this Regulation, the
Entry into force
producer shall pay an amount of EUR 500/tonne on that
difference.
This Regulation shall enter into force on the third day following
that of its publication in the Official Journal of the European
Union.
5. The notifications provided for in paragraphs 3 and 4 shall
be made not later than 30 June 2014.
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, 22 March 2013.
For the Commission
The President
José Manuel BARROSO

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EN
23.3.2013 Official
Journal
of
the
European
Union L
84/23
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): 172
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 281/2013, 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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