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Official Journal of the European Union
25.1.2012
COMMISSION IMPLEMENTING REGULATION (EU) No 61/2012
of 24 January 2012
amending Regulation (EC) No 891/2009 as regards the administration of the CXL concessions sugar
THE EUROPEAN COMMISSION,
without prejudice to the possibility for Member States
to take the necessary measures to satisfy themselves
Having regard to the Treaty on the Functioning of the European
that the transactions have been carried out correctly.
Union,
(4)
In order to ensure a smooth transition to the simplified
Having regard to Council Regulation (EC) No 1234/2007 of
administrative requirements, it is appropriate to foresee
22 October 2007 establishing a common organisation of agri
to defer their application to 1 February 2012.
cultural markets and on specific provisions for certain agri
cultural products (Single CMO Regulation) ( 1 ) and in particular
Articles 144(1), 148 and 156 in conjunction with Article 4
(5) Regulation
(EC)
No
891/2009
should
therefore
be
amended accordingly
thereof,

Whereas:
(6) The
Management
Committee
for
the
Common
Organi
sation of Agricultural Markets has not delivered an
(1) Article
7(4)
of
Commission
Regulation
(EC)
No
opinion within the time limit set by its Chair,
891/2009 of 25 September 2009 opening and
providing for the administration of certain Community
HAS ADOPTED THIS REGULATION:
tariff quotas in the sugar sector ( 2 ) provides that for CXL
concessions sugar with order number 09.4317, 09.4318,
Article 1
09.4319, 09.4321 (country specific) and Balkan sugar
import licence applications are to be accompanied by
In Article 7 of Regulation (EC) No 891/2009, paragraph 4 is
the original of the export licence.
replaced by the following:
(2) For
CXL
concession
sugar
with
order
number
09.4320
‘4. For
Balkan
sugar,
import
licence
applications
shall
be
(any third country) the presentation of the export licence
accompanied by the original of the export licence, in
is not required.
accordance with the model in Annex II, issued by the
competent authorities of the third country concerned. The
(3) By
simplifying
the
administrative
requirements
to
have
quantity mentioned in the import licence applications may
access to CXL concessions sugar for imports into the
not exceed the quantity shown on the export licences.’
Union through the elimination of the requirement to
present the export licence for country specific
Article 2
concessions it is possible to encourage competition
between operators and secure a smoother functioning
This Regulation shall enter into force on the third day following
of the market. Since the release for free circulation
its publication in the Official Journal of the European Union.
would continue to be subject to the presentation of a
certificate of origin, this simplification can be attained
It shall apply from 1 February 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 January 2012.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 2 ) OJ L 254, 26.9.2009, p. 82.

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