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29.6.2013 Official
Journal
of
the
European
Union L
179/55
COMMISSION IMPLEMENTING REGULATION (EU) No 629/2013
of 28 June 2013
laying down further exceptional measures as regards the release of out-of-quota sugar and
isoglucose on the Union market at reduced surplus levy during the 2012/13 marketing year
THE EUROPEAN COMMISSION,
in respect of certain industrial uses provided for in
Article 62 of that Regulation and of the 2012/13
export commitments for out-of-quota sugar, substantial
Having regard to the Treaty on the Functioning of the European
quantities of out-of-quota sugar of at least 1 200 000
Union,
tonnes would still be available. Part of this sugar could
be made available to alleviate the tight supply of the
Union sugar food market and to avoid excessive price
increases.
Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri
cultural markets and on specific provisions for certain agri
cultural products (Single CMO Regulation) (
(4) In
order
to
ensure
the
fluidity
of
the
market,
it
is

1 ), and in particular
Article 64(2) and Article 186, in conjunction with Article 4
necessary to release out-of-quota sugar. It should be
thereof,
possible to take such a measure each time it is
necessary during the marketing year 2012/13.
Whereas:
(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,
(1)
During the 2011/12 sugar marketing year, the Union
where, in particular, these result from a significant rise of
average bulk white sugar ex-factory price reached a
prices in the Union, provided that this objective cannot
level of 175
% of the reference price of EUR
be reached by means of other measures available under
404/tonne and was approximately EUR 275/tonne
that Regulation. Given the current market circumstances,
higher than the world market price. The Union price is
Regulation (EC) No 1234/2007 does not provide for any
now stable at a level of around EUR 700/tonne, which is
specific measures aimed at limiting the high sugar price
the highest level reached since the reform of the sugar
trend and allowing sugar supply at reasonable prices on
market organisation and disturbs the optimal fluidity of
the Union market, other than those based on Article 186
the sugar supply on the Union market. The expected
of that Regulation.
increase of this already high price level at the
beginning of the 2012/13 marketing year substantiated
the risk of serious market disturbances which had to be
(6) Article
64(2)
of
Regulation
(EC)
No
1234/2007
prevented by the necessary measures. On 18 January,
empowers the Commission to fix the surplus levy on
15 February and 22 March 2013 the Commission
sugar and isoglucose produced in excess of the quota
adopted Implementing Regulations (EU) No 36/2013 ( 2 ),
at a sufficiently high level in order to avoid the accumu
(EU) No 131/2013
( 3 ) and (EU) No 281/2013
( 4 )
lation of surplus quantities. Article 3(1) of Commission
providing exceptional measures intended to address the
Regulation (EC) No 967/2006 of 29 June 2006 laying
market disturbance. Notwithstanding the measures taken,
down detailed rules for the application of Council Regu
the current prices registered on the market show that it is
lation (EC) No 318/2006 as regards sugar production in
necessary to adopt further measures to address the
excess of the quota ( 5 ) has fixed that levy at EUR 500 per
persisting market disturbance.
tonne.
(2) Based
on
the
estimated
supply
and
demand
for
2012/13, (7)
For a limited quantity of sugar produced in excess of the
the ending stocks for the sugar market are expected to be
quota, a reduced surplus levy should be fixed at a level
lower by at least 500 000 tonnes than in 2011/12. This
per tonne allowing for a fair treatment of Union sugar
figure already takes into account the imports from third
producers, ensuring the good functioning of the Union
countries benefiting from certain preferential agreements.
sugar market and helping to reduce the difference
between Union and world market sugar prices without
creating risks of accumulation of surpluses in the Union
market.
(3)
On the other hand, the expectations of a good harvest
lead to estimate the production of nearly 4 600 000
tonnes in excess of the sugar quota set out in Article 56
of Regulation (EC) No 1234/2007. Taking account of the
(8) As
Regulation
(EC)
No
1234/2007
fixes
quotas
for
both
foreseeable contractual commitments of sugar producers
sugar and isoglucose, a similar measure should apply for
an appropriate quantity of isoglucose produced in excess
of the quota because the latter product is, to some extent,
( 1 ) OJ L 299, 16.11.2007, p. 1.
a commercial substitute for sugar.
( 2 ) OJ L 16, 19.1.2013, p. 7.
( 3 ) OJ L 45, 16.2.2013, p. 1.
( 4 ) OJ L 84, 23.3.2013, p. 19.
( 5 ) OJ L 176, 30.6.2006, p. 22.

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L 179/56
EN
Official Journal of the European Union
29.6.2013
(9) With
a
view
to
increasing
the
supply,
sugar
and
isog
accordance with Article 13(1) of Commission Regulation
lucose producers should apply to the competent auth
(EC) No 952/2006 of 29 June 2006 laying down detailed
orities of the Member States for certificates allowing
rules for the application of Council Regulation (EC) No
them to sell certain quantities, produced above the
318/2006 as regards the management of the Community
quota limit, on the Union market with a reduced
market in sugar and the quota system ( 1 ), sugar covered
surplus levy.
by a certificate issued pursuant to this Regulation should
be considered as quota sugar.
(10) The
reduced
surplus
levy
should
be
paid
after
the
appli
cation is admitted and before the certificate is issued.
(20) In
accordance
with
Article
2(1)(a)
of
Council
Decision
2007/436/EC, Euratom of 7 June 2007 on the system
of the European Communities’ own resources
( 2 )
(11) The
validity
of
the
certificates
should
be
limited
in
time
contributions and other duties provided for within the
to encourage a fast improvement of the supply situation.
framework of the common organisation of the markets
in the sugar sector are to constitute own resources. It is
therefore necessary to set the date of establishment of the
(12) Fixing
upper
limits
of
the
quantities
for
which
each
amounts in question within the meaning of Article 2(2)
producer can apply in one application period and
and Article 6(3)(a) of Council Regulation (EC, Euratom)
restricting the certificates to products of the applicant’s
No 1150/2000 of 22 May 2000 implementing Decision
own production should prevent speculative actions
2007/436/EC, Euratom on the system of the Commun
within the system created by this Regulation.
ities’ own resources ( 3 ).
(13) With
their
application,
sugar
producers
should
commit
(21) The
measures
provided
for
in
this
Regulation
are
in
themselves to pay the minimum price for sugar beet used
accordance with the opinion of the Management
to produce the quantity of sugar for which they apply.
Committee for the Common Organisation of Agricultural
The minimum eligibility requirements for applications
Markets,
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,
Temporary reduction of the surplus levy
models should be made available.
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
quantity of 150 000 tonnes of sugar in white sugar equivalent
granted only within the quantitative limits fixed in this
and 8 000 tonnes of isoglucose in dry matter, produced in
Regulation. Therefore, if necessary, the Commission
excess of the quota fixed in Annex VI to Regulation (EC) No
should be able to fix an allocation coefficient applicable
1234/2007 and released on the Union market in the 2012/13
to the applications received.
marketing year, shall be fixed at EUR 148 per tonne.
(16) Member
States
should
immediately
inform
the
applicants
2. The
reduced
surplus
levy
provided
for
in
paragraph
1
shall
whether the quantity applied for was fully or partially
be paid after the application referred to in Article 2 is admitted
granted.
and before the certificate referred to in Article 6 is issued.
(17) The
competent
authorities
should
notify
the
Commission
Article 2
of the quantities for which certificates with a reduction of
Application for certificates
the surplus levy have been issued. For this purpose,
models should be made available by the Commission.
1. In
order
to
benefit
from
the
conditions
specified
in
Article 1, sugar and isoglucose producers shall apply for a
certificate.
(18) Sugar
quantities
released
on
the
Union
market
of
quan
tities in excess of the certificates issued under this Regu
2. Applicants
may
be
only
undertakings
producing
beet
and
lation should be subject the surplus levy set out in
cane sugar or isoglucose, which are approved in accordance
Article 64(2) of Regulation (EC) No 1234/2007. It is
with Article 57 of Regulation (EC) No 1234/2007 and have
therefore appropriate to provide that any applicant not
been allocated a production quota for the 2012/13 marketing
fulfilling his commitment to release on the Union market
year, in accordance with Article 56 of that Regulation.
the quantity covered by a certificate delivered to him,
should also pay an amount of EUR 500 per tonne.
This consistent approach is aimed at preventing abuse
3. Each
applicant
may
submit
not
more
than
one
application
of the mechanism introduced by this Regulation.
for sugar and one for isoglucose per application period.
( 1 ) OJ L 178, 1.7.2006, p. 39.
(19) For
the
purpose
of
establishing
average
prices
for
quota
( 2 ) OJ L 163, 23.6.2007, p. 17.
and out-of-quota sugar on the Union market in
( 3 ) OJ L 130, 31.5.2000, p. 1.

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EN
29.6.2013 Official
Journal
of
the
European
Union L
179/57
4. Applications
for
certificates
shall
be
submitted
by
fax
or That notification shall not contain the data referred to in
electronic mail to the competent authority in the Member State
Article 2(5)(a)(i). Member States that received no applications
in which the undertaking was approved. The competent auth
but have sugar or isoglucose quota allocated to them in the
orities of the Member States may require that electronic appli
2012/13 marketing year, shall also send their nil returns notifi
cations be accompanied by an advance electronic signature
cations to the Commission within the same time limit.
within the meaning of Directive 1999/93/EC of the European
Parliament and of the Council ( 1 ).
3. The
form
and
content
of
the
notifications
shall
be
defined
on the basis of models made available by the Commission to
5. To
be
admissible,
the
applications
shall
fulfil
the
following the Member States.
conditions:
(a) the applications shall indicate:
Article 5
Exceeded limits
(i) the name, address and VAT number of the applicant;
and
When the information notified by the competent authorities of
the Member States pursuant to Article 4(2) indicates that the
(ii) the quantities applied for, expressed in tonnes of white
quantities applied for exceed the limits set out in Article 1, the
sugar equivalent and tonnes of isoglucose in dry matter,
Commission shall:
rounded to no decimal places;
(a) fix an allocation coefficient, which the Member States shall
(b) the quantities applied for in this application period,
apply to the quantities covered by each notified certificate
expressed in tonnes of white sugar equivalent and tonnes
application;
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
(b) reject applications not yet notified.
lucose;
(c) if the application concerns sugar, the applicant shall commit
Article 6
himself to pay the minimum beet price, set out in Article 49
Issue of certificates
of Regulation (EC) No 1234/2007, for the quantity of sugar
covered by certificates issued in accordance with Article 6 of
1. Without
prejudice
to
Article
5,
on
the
10th
working
day
this Regulation;
following a week where the application period ended, the
competent authority shall issue certificates for the applications
(d) the application shall be written in the official language or
notified to the Commission, in accordance with Article 4(2).
one of the official languages of the Member State in which
the application is lodged;
2. Each
Monday
Member
States
shall
notify
the
Commission
of the quantities of sugar and/or isoglucose for which they
(e) the application shall indicate a reference to this Regulation
issued certificates in the preceding week.
and the expiry date for the submission of the applications;
(f) the applicant shall not introduce any additional conditions
3. A template of the certificate is set out in the Annex.
to those laid down in this Regulation.
Article 7
6. An
application
which
is
not
submitted
in
accordance
with
Validity of certificates
paragraphs 1 to 5 shall not be admissible.
Certificates shall be valid until the end of the second month
7. An
application
may
not
be
withdrawn
or
amended
after following the month of issue.
its submission, even if the quantity applied for is granted only
partially.
Article 8
Article 3
Transferability of certificates
Submission of applications
Neither the rights nor the obligations deriving from the
The period during which applications may be submitted shall
certificates shall be transferable.
end on 10 July 2013 at 12 noon, Brussels time.
Article 9
Article 4
Price reporting
Transmission of applications by the Member States
For the purpose of Article 13(1) of Regulation (EC) No
1. The
competent
authorities
of
the
Member
States
shall 952/2006, the quantity of sugar sold which is covered by a
decide on the admissibility of applications on the basis of the
certificate issued pursuant to this Regulation shall be considered
conditions set out in Article 2. Where the competent authorities
as quota sugar.
decide that an application is inadmissible, they shall inform the
applicant without delay.
Article 10
2. The
competent
authority
shall
notify
the
Commission
on
Monitoring
Friday at the latest, by fax or electronic mail, of the admissible
1. Applicants
shall
add
to
their
monthly
notifications
applications submitted during the preceding application period.
provided for in Article 21(1) of Regulation (EC) No 952/2006
the quantities for which they received certificates in accordance
( 1 ) OJ L 13, 19.1.2000, p. 12.
with Article 6 of this Regulation.

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L 179/58
EN
Official Journal of the European Union
29.6.2013
2. Before
31
October
2013,
each
holder
of
a
certificate 5. The notifications provided for in paragraphs 3 and 4 shall
under this Regulation shall submit to the competent authorities
be made not later than 30 June 2014.
of the Member States proof that all quantities covered by his
certificates were released on the Union market. Each tonne
Article 11
covered by a certificate but not released on the Union market
for reasons other than force majeure, shall be subject to payment
Date of establishment
of an amount of EUR 352/tonne.
For the purposes of Article 2(2) and Article 6(3)(a) of Regu
3. Member States shall notify the Commission of the quan
lation (EC, Euratom) No 1150/2000, the date of establishment
tities not released on the Union market.
of the Union’s entitlement shall be the date on which the
surplus levy is paid by the applicants in accordance with
4. Member
States
shall
calculate
and
notify
the
Commission Article 1(2) of this Regulation.
of the difference between the total quantity of sugar and isog
lucose produced by each producer in excess of the quota and
the quantities which have been disposed by the producers in
Article 12
accordance with the second subparagraph of Article 4(1) of
Entry into force
Regulation (EC) No 967/2006. If the remaining quantities of
out-of-quota sugar or isoglucose of a producer are less than the
This Regulation shall enter into force on the third day following
quantities issued for that producer for under this Regulation, the
its publication in the Official Journal of the European Union.
producer shall pay an amount of EUR 500/tonne on that
difference.
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, 28 June 2013.
For the Commission
The President
José Manuel BARROSO

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EN
29.6.2013 Official
Journal
of
the
European
Union L
179/59
ANNEX
Model for the certificate referred to in Article 6(3)

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Document Outline

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