HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 123/30
EN
Official Journal of the European Union
9.5.2012
COMMISSION IMPLEMENTING REGULATION (EU) No 394/2012
of 8 May 2012
fixing the quantitative limit for exports of out-of-quota sugar and isoglucose until the end of the
2012/2013 marketing year
THE EUROPEAN COMMISSION,
the absence of appropriate instruments of mutual
assistance to fight against irregularities and in order to
minimise the risk of fraud and to prevent any abuse
Having regard to the Treaty on the Functioning of the European
associated with the reimport or reintroduction into the
Union,
Union of out-of-quota sugar, certain close destinations
should be excluded from the eligible destinations.
Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri
(6) In
view
of
the
estimated
lower
risks
for
eventual
frauds
cultural markets and on specific provisions for certain agri
regarding isoglucose due to the nature of the product it
cultural products (Single CMO Regulation) ( 1 ), and in particular
is not necessary to restrict the eligible destinations for the
Article 61, first paragraph, point (d), in conjunction with
export of out-of-quota isoglucose.
Article 4 thereof,
(7) The
measures
provided
for
in
this
Regulation
are
in
Whereas:
accordance with the opinion of the Management
Committee for the Common Organisation of Agricultural
Markets,
(1) According
to
Article
61,
first
paragraph,
point
(d)
of
Regulation (EC) No 1234/2007, the sugar or isoglucose
produced in excess of the quota referred to in Article 56
HAS ADOPTED THIS REGULATION:
of that Regulation may be exported only within the
quantitative limit to be fixed.
Article 1
(2) Detailed
implementing
rules
for
out-of-quota
exports,
in Fixing the quantitative limit for out-of-quota sugar exports
particular concerning the issue of export licences are laid
down by Commission Regulation (EC) No 951/2006 (
1. For
the
2012/2013 marketing
year,
running
from

2 ).
However, the quantitative limit should be fixed per
1 October 2012 to 30 September 2013, the quantitative limit
marketing year in view of the possible opportunities on
referred to in Article 61, first paragraph, point (d) of Regulation
the export markets.
(EC) No 1234/2007 shall be 650 000 tonnes for exports

without refund of out-of-quota white sugar falling within CN
code 1701 99.
(3) For
certain
Union
producers
of
sugar
and
isoglucose,
exports from the Union represent an important part of
their economic activities and they have established tradi
2. Exports
within
the
quantitative
limit
fixed
in
paragraph
1
tional markets outside the Union. Exports of sugar and
shall be allowed for all destinations excluding:
isoglucose to those markets could be economically viable
also without granting export refunds. To that end it is
necessary to fix a quantitative limit for out-of-quota sugar
(a) third countries: Andorra, Liechtenstein, the Holy See
and isoglucose exports so that the EU producers
(Vatican City State), San Marino, Croatia, Bosnia and Herze
concerned may continue to supply their traditional
govina, Serbia ( 3 ), Montenegro, Albania and the former
markets.
Yugoslav Republic of Macedonia;
(4)
For the 2012/2013 marketing year it is estimated that
(b) territories of Member States not forming part of the
fixing the quantitative limit initially at 650 000 tonnes,
customs territory of the Union: the Faeroe Islands,
in white sugar equivalent, for out-of-quota sugar exports
Greenland, Heligoland, Ceuta, Melilla, the communes of
and 70 000 tonnes, in dry matter, for out-of-quota isog
Livigno and Campione d’Italia, and the areas of the
lucose would correspond to the market demand.
Republic of Cyprus in which the Government of the
Republic of Cyprus does not exercise effective control;
(5) Exports
of
sugar
from
the
Union
to
certain
close
desti
nations and to third countries granting Union products a
(c) European territories for whose external relations a Member
preferential import treatment are currently in a
State is responsible, not forming part of the customs
particularly favourable competitive position. In view of
territory of the Union: Gibraltar.
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 3 ) As well as Kosovo under UN Security Council Resolution 1244 of
( 2 ) OJ L 178, 1.7.2006, p. 24.
10 June 1999.

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EN
9.5.2012 Official
Journal
of
the
European
Union L
123/31
Article 2
Fixing the quantitative limit for out-of-quota isoglucose exports
1. For
the
2012/2013
marketing
year,
running
from
1
October
2012
to
30
September
2013,
the
quantitative limit referred to in Article 61, first paragraph, point (d) of Regulation (EC) No 1234/2007
shall be 70 000 tonnes, in dry matter, for exports without refund of out-of-quota isoglucose falling within
CN codes 1702 40 10, 1702 60 10 and 1702 90 30.
2. Exports
of
the
products
referred
to
in
paragraph
1
shall
only
be
allowed
where
they
comply
with
the
conditions laid down in Article 4 of Regulation (EC) No 951/2006.
Article 3
Entry into force
This Regulation shall enter into force on the seventh day following that of its publication in the Official
Journal of the European Union.
It shall apply from 1 October 2012.
It shall expire on 30 September 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 May 2012.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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