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1.9.2012 Official
Journal
of
the
European
Union L
235/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 786/2012
of 30 August 2012
amending and correcting Regulation (EC) No 951/2006 laying down detailed rules for the
implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in
the sugar sector
THE EUROPEAN COMMISSION,
electronically in its own internal working procedures and
in its relations with the authorities involved in the
Having regard to the Treaty on the Functioning of the European
common agricultural policy. It is considered that
Union,
several notification obligations can be fulfilled via that
system in accordance with Regulation (EC) No
792/2009, in particular those provided for in
Having regard to Council Regulation (EC) No 1234/2007 of
Commission Regulation (EC) No 951/2006 ( 3 ).
22 October 2007 establishing a common organisation of agri
cultural markets and on specific provisions for certain agri
cultural products (Single CMO Regulation) ( 1 ), and in particular
(4)
In the interest of an efficient administration and taking
Article 134, Article 161(3), Article 170 and Article 192(2), in
account of the experience, some notifications should be
conjunction with Article 4 thereof,
either simplified and specified or deleted in Regulation
(EC) No 951/2006.
Whereas:
(5) For
reasons
of
clarity,
it
is
appropriate
to
provide
(1) Commission
Regulation
(EC)
No
792/2009
of
31
August
explicitly that Commission Regulation (EC) No
2009 laying down detailed rules for the Member States’
376/2008 of 23 April 2008 laying down common
notification to the Commission of information and
detailed rules for the application of the system of
documents in implementation of the common organi
import and export licences and advance fixing certificates
sation of the markets, the direct payments’ regime, the
for agricultural products ( 4 ) applies to the licences
promotion of agricultural products and the regimes
provided for in Regulation (EC) No 951/2006, save as
applicable to the outermost regions and the smaller
otherwise provided in the latter Regulation.
Aegean islands
( 2 ) lays down common rules for
notifying information and documents by the competent
authorities of the Member States to the Commission.
(6) Isoglucose
products
are
not
listed
in
Section
C
of
Part
II
Those rules cover in particular the obligation for the
of Annex II to Regulation (EC) No 376/2008, therefore
Member States to use the information systems made
no export licence is required for the exports of isoglucose
available by the Commission and the validation of the
which is in free circulation on the Union market and
access rights of the authorities or individuals authorised
which is not considered as ‘out-of-quota’ to be
to send notifications. In addition, that Regulation sets
exported without refund. This should be reflected in
common principles applying to the information
Article 7 of Regulation (EC) No 951/2006, where any
systems so that they guarantee the authenticity,
reference to isoglucose should be deleted.
integrity and legibility over time of the documents and
provides for personal data protection.
(7)
According to point (d) of the first paragraph of Article 61
of Regulation (EC) No 1234/2007, the sugar or isog
(2) Pursuant
to
Regulation
(EC)
No
792/2009
the
obligation
to use the information systems in accordance with that
lucose produced in excess of the quota referred to in
Regulation has to be provided for in the Regulations
Article 56 of that Regulation may be exported only
establishing a specific notification obligation.
within the quantitative limit to be fixed by the

Commission. When fixing the quantitative limit the
Commission has to respect the commitments resulting
(3) The
Commission
has
developed
an
information
system
from agreements concluded in accordance with
that allows managing documents and procedures
Article 218 of the Treaty.
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 3 ) OJ L 178, 1.7.2006, p. 24.
( 2 ) OJ L 228, 1.9.2009, p. 3.
( 4 ) OJ L 114, 26.4.2008, p. 3.

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L 235/2
EN
Official Journal of the European Union
1.9.2012
(8) At times of large Union production of out-of-quota
(EU) No 1006/2011 ( 4 ) contains new CN codes for the
sugar, in particular when coupled with high world
various raw sugar products which are different from
market prices, applications for export licences
those referred to in Regulation (EC) No 951/2006. For
submitted by sugar manufacturers can exceed signifi
the sake of legal clarity those new codes should be
cantly the available quantities. The strong competition
reflected in Article 42 of Regulation (EC) No 951/2006.
of operators for export licences may lead to a situation
where certain operators apply for licences exceeding their
actual production of out-of-quota sugar in respect of the
(13) At the occasion of those amendments it is appropriate to
marketing year concerned. Such speculative behaviour
correct an obvious error regarding an internal reference.
could mean loss of export possibilities for Union out-
of-quota sugar and increasing the pressure on the Union
market for out-of-quota sugar and therefore also
(14) Regulation (EC) No 951/2006 should therefore be
increasing the risk of accumulation of surplus sugar.
amended and corrected accordingly.


(15) For
reasons
of
transparency
and
equal
treatment
this
Regulation should apply from the beginning of the
(9) According
to
Article
8
of
Regulation
(EC)
No
376/2008
2012-2013 marketing year. However, since the
the rights deriving from licences or certificates can be
correction of Article 12a(3) of Regulation (EC) No
transferred once by their titular holder during the
951/2006 should have a retroactive effect which duly
validity of the licence or certificate concerned. In order
respects the legitimate expectations of those concerned,
to reduce the risks of speculative behaviour of sugar
that correction should apply as from the date of entry
manufacturers it is appropriate to prohibit the transfer
into force of the amending act which inserted the
of export licences in the case of out-of-quota sugar.
erroneous reference into Regulation (EC) No 951/2006,
namely Commission Regulation (EC) No 910/2008 ( 5 ).
(10) Article
3(4)
of
Commission
Regulation
(EC)
No
1484/95
(16) The
Management
Committee
for
the
Common
Organi
of 28 June 1995 laying down detailed rules for imple
sation of Agricultural Markets has not delivered an
menting the system of additional import duties and
opinion within the time limit set by its Chair,
fixing additional import duties in the poultry meat and
egg sectors and for egg albumin, and repealing Regu
lation No 163/67/EEC ( 1 ) and Article 4(4) of Commission
HAS ADOPTED THIS REGULATION:
Regulation (EC) No 504/2007 of 8 May 2007 laying
down detailed rules for the application of the
arrangements for additional import duties in the milk
Article 1
and milk products sector ( 2 ) set the time limit for the
Amendments to Regulation (EC) No 951/2006
importers concerned to prove that the consignment in
question was disposed of under conditions confirming
Regulation (EC) No 951/2006 is amended as follows:
the correctness of the declared cif import price. For the
sake of harmonisation of the implementing rules
applicable to the additional import duties in the
(1) Article 1 is replaced by the following:
different sectors, it is appropriate to align Article 38(4)
of Regulation (EC) No 951/2006 to Article 3(4) of Regu
lation (EC) No 1484/95 and Article 4(4) of Regulation
‘Article 1
(EC) No 504/2007.
Scope
1. This
Regulation
lays
down,
in
accordance
with
Part
III of Council Regulation (EC) No 1234/2007 (*), the
(11) Article
34(3)
of
Regulation
(EC)
No
951/2006
lays
down
special detailed rules for the application of the system of
that Member States have to provide the Commission
import and export licences, the granting of export refunds
each month with information related to the molasses
and the management of imports, in particular the appli
world market. Experience has shown that, due to the
cation of additional import duties in the sugar sector.
characteristics of the molasses markets, such information
is difficult to obtain and most Member States have no
relevant information to provide. It is therefore appro
2. Commission
Regulation
(EC)
No
376/2008
(**)
shall
priate to delete that notification obligation.
apply, save as otherwise provided in this Regulation.
___________
(*) OJ L 299, 16.11.2007, p. 1.
(12) Chapter
17
of
Annex
I
to
Council
Regulation
(EEC)
No
(**) OJ L 114, 26.4.2008, p. 3.’;
2658/87 of 23 July 1987 on the tariff and statistical
nomenclature and on the Common Customs Tariff ( 3 )
as amended by Commission Implementing Regulation
(2) Articles 7 and 7a are replaced by the following:
( 1 ) OJ L 145, 29.6.1995, p. 47.
( 2 ) OJ L 119, 9.5.2007, p. 7.
( 4 ) OJ L 282, 28.10.2011, p. 1.
( 3 ) OJ L 256, 7.9.1987, p. 1.
( 5 ) OJ L 251, 19.9.2008, p. 13.

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EN
1.9.2012 Official
Journal
of
the
European
Union L
235/3
‘Article 7
The first subparagraph shall not apply to:
Export licence for sugar without refund
(a) candy sugar;
Where sugar which is in free circulation on the Union
market and which is not considered as “out-of-quota” is
(b) flavoured sugar and sugar with added colouring
to be exported without refund, Section 20 of the licence
matter.
application and of the licence shall contain one of the
entries listed in Part C of the Annex.
2. When
an
application
for
a
licence
in
respect
of
the
products to which the first subparagraph of paragraph 1
Article 7a
applies relates to quantities not exceeding 10 tonnes, the
Export licences for out-of-quota exports
party concerned may not lodge on the same day and with
the same competent authority more than one such appli
1. By way of derogation from Article 5, exports of out-
cation.’;
of-quota isoglucose within the quantitative limit referred to
in point (d) of the first paragraph of Article 61 of Regu
(7) Articles 17, 18 and 19 are replaced by the following:
lation (EC) No 1234/2007 shall be subject to the presen
tation of an export licence.
‘Article 17
2. By
way
of
derogation
from
Article
8
of
Regulation
Notification of export licences issued
(EC) No 376/2008, the rights deriving from export
licences issued for out-of-quota sugar shall not be trans
1. Member
States
shall
notify
the
Commission
by
the
ferable.’;
15th of each month in respect of the preceding month of
the quantities for which licences have been issued pursuant
to Article 7.
(3) in Article 7c(1), the first subparagraph is replaced by the
following:
2. During
the
periods
when
export
refunds
are
granted
in the sugar sector, Member States shall notify the
‘1. Member
States
shall
notify
the
Commission,
by
Commission by the 15th of each month in respect of
Monday each week, of the quantities of sugar and/or isog
the preceding month of:
lucose, for which applications for export licence have been
submitted during the preceding week.’;
(a) the quantities for which licences have been issued with
the amounts of export refunds fixed pursuant to
(4) in Article 9, paragraph 4 is replaced by the following:
Article 164(2)(a) of Regulation (EC) No 1234/2007
broken down between:
‘4. Applicants
may
withdraw
their
licence
applications
until the end of the week following that of the publication
— sugar products falling within CN codes
in the Official Journal of the European Union of an
1701 91 00, 1701 99 10 and 1701 99 90,
acceptance percentage as indicated in point (a) of
paragraph 1 if it is less than 80 %. Member States shall
— tel quel raw sugar falling within CN codes
thereupon release the security.’;
1701 12 90, 1701 13 90 and 1701 14 90,
(5) the title of Chapter V is replaced by the following:
— sucrose syrups, expressed as white sugar, falling
within CN codes 1702 90 71, 1702 90 95 and
2106 90 59,
‘ADDITIONAL RULES FOR EXPORT LICENCES’;
— isoglucose, expressed as dry matter, falling within
(6) Article 11 is replaced by the following:
CN codes 1702 40 10, 1702 60 10, 1702 90 30
and 2106 90 30;
‘Article 11
(b) the quantities of white sugar falling within CN code
Application for and issue of export licences
1701 99 10 for which a licence has been issued with
1. Export
licences
for
sugar
falling
within
CN
code
the amounts of export refunds fixed pursuant to
1701 for quantities exceeding 10 tonnes shall be issued:
Article 164(2)(b) of Regulation (EC) No 1234/2007;
(a) on the fifth working day following that on which the
(c) the quantities, with the corresponding amounts of
application was lodged;
export refunds fixed pursuant to Article 164(2)(a) of
Regulation (EC) No 1234/2007, of white sugar, the
quantities of raw sugar and sucrose syrup, expressed
(b) in the case of export licences with advance fixing of
as white sugar, and the quantities of isoglucose,
the refund, on the fifth working day following that on
expressed as dry matter, for which an export licence
which the application was lodged provided that no
has been issued with a view to export in the form of
specific action as indicated in Article 9(1) has been
products referred to in point (b) of Part X of Annex I
taken by the Commission in the meantime.
to that Regulation.

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L 235/4
EN
Official Journal of the European Union
1.9.2012
Article 18
marketing year. It shall be submitted no later than the end
of the second calendar month following the marketing
Notification of quantities exported
year in question.
1. Member
States
shall
notify
the
Commission
for
each
___________
calendar month, and not later than by the end of the third
calendar month following the calendar month in question,
(*) OJ L 171, 6.7.2010, p. 1.’;
of the quantities of sugar covered by quotas exported as
white sugar or in the form of processed products
expressed as white sugar, for which an export licence
(8) Article 21 is replaced by the following:
has been issued for the implementation of Union and
national food aid under international conventions or
‘Article 21
other complementary programmes and for the implemen
tation of other Union measures for the free supply of food.
Method of notification
The notifications by the Member States provided for in
this Regulation shall be made as follows:
2. During
the
periods
when
export
refunds
are
granted
in the sugar sector, Member States shall notify the
(a) until 31 December 2012, by electronic transmission in
Commission, not later than the end of each calendar
accordance with methods made available to the
month in respect of the preceding calendar month, of
Member States by the Commission;
the quantities of white sugar referred to in Article 17(2)(b)
exported in accordance with Article 7(4) and (5) of Regu
lation (EC) No 376/2008.
(b) as from 1 January 2013, in accordance with
Commission Regulation (EC) No 792/2009 (*).
___________
3. During
the
periods
when
export
refunds
are
granted
(*) OJ L 228, 1.9.2009, p. 3.’;
in the sugar sector, Member States shall notify the
Commission for each calendar month, and not later than
the end of the third calendar month following the calendar
(9) in Article 23, the introductory phrase is replaced by the
month in question:
following:
‘When the most favourable purchasing opportunities on
(a) in the case of exports referred to in Article 4(2) of
the world market are being established, account shall be
Regulation (EC) No 612/2009, of the quantities of
taken of the relevant information available to the
sugar and sucrose syrups, expressed as white sugar,
Commission either directly or through the competent
and of isoglucose, expressed as dry matter, exported
agencies of the Member States relating to:’;
without further processing, together with the amounts
of the corresponding refunds;
(10) in Article 29, the introductory phrase is replaced by the
following:
(b) of the quantities, with the corresponding amounts of
export refunds fixed pursuant to Article 164(2)(a) of
‘When the most favourable purchasing opportunities on
Regulation (EC) No 1234/2007, of white sugar, the
the world market are being established, account shall be
quantities of raw sugar and sucrose syrup, expressed
taken of the relevant information relating to:’;
as white sugar, and the quantities of isoglucose,
expressed as dry matter, exported in the form of the
(11) in Article 34, paragraph 3 is deleted;
products referred to in Part IV of Annex XX to that
Regulation and in the form of the products referred to
(12) in Article 38, paragraph 4 is replaced by the following:
in Annex II to Commission Regulation (EU) No
578/2010 (*).
‘4. The
importer
shall
have
two
months
from
the
sale
of the products in question, subject to a limit of nine
months from the date of acceptance of the declaration
The notifications referred to in point (b) of the first
of release for free circulation, to prove that the
subparagraph shall be supplied separately to the
consignment was disposed of under conditions confirming
Commission for each Regulation applicable to the
the correctness of the prices referred to in paragraph 2.
processed product in question.
Failure to meet one or other of these deadlines shall entail
the loss of the security lodged. However, the time limit of
nine months may be extended by the competent auth
Article 19
orities by a maximum of three months following a duly
substantiated request of the importer.
Notification of import licences
Member States shall notify the Commission of the quan
The security lodged shall be released to the extent that
tities of sugar imported from third countries and exported
proof of the conditions of disposal is provided to the
as compensating products under the inward processing
satisfaction of the competent authorities. Otherwise, the
arrangements referred to in Article 116 of Regulation
security shall be forfeit by way of payment of the
(EEC) No 2913/92. That notification shall refer to each
additional duties.’;

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EN
1.9.2012 Official
Journal
of
the
European
Union L
235/5
(13) Article 42 is replaced by the following:
3. For
the
products
referred
to
in
points
(d)
and
(g)
of
Part III of Annex I to Regulation (EC) No 1234/2007, the
‘Article 42
dry matter content shall be determined in accordance with
the second subparagraph of paragraph 2 of this Article.
Calculating methods
1. If
the
yield
of
imported
raw
sugar
as
determined
in
4. For
the
products
referred
to
in
point
(e)
of
Part
III
of
accordance with Section B.III of Annex IV to Regulation
Annex I to Regulation (EC) No 1234/2007, the conversion
(EC) No 1234/2007 differs from the yield fixed for the
into sucrose equivalent shall be obtained by multiplying
standard quality, the customs tariff duty for products
the dry matter determined in accordance with the second
falling within CN codes 1701 12 10, 1701 13 10 and
subparagraph of paragraph 2 of this Article by the coef
1701 14 10, and the additional duty for products falling
ficient 1,9.’;
within CN codes 1701 12 10, 1701 12 90, 1701 13 10,
1701 13 90, 1701 14 10 and 1701 14 90 to be levied per
(14) Part C of the Annex is replaced by the text in the Annex
100 kilograms of the said raw sugar shall be calculated by
to this Regulation.
multiplying the corresponding duty fixed for raw sugar of
the standard quality by a correcting coefficient. The
Article 2
correcting coefficient shall be obtained by dividing the
percentage of the yield of the imported raw sugar by 92.
Correction of Regulation (EC) No 951/2006
In Article 12a, paragraph 3 is replaced by the following:
2. For
the
products
referred
to
in
point
(c)
of
Part
III
of
Annex I to Regulation (EC) No 1234/2007, the sucrose
content, including other sugars expressed as sucrose, shall
‘3. The
security
referred
to
in
paragraph
1
shall
be
released
be determined by the application of the Lane and Eynon
in accordance with Article 34 of Regulation (EC) No
method (copper reduction method) to the solution
376/2008 for the quantity for which the applicant has
inverted according to Clerget-Herzfeld. The total sugar
fulfilled, within the meaning of Articles 30(b) and 31(b)(i)
content thus determined shall be expressed as sucrose by
of that Regulation, the export obligation resulting from the
multiplying by 0,95.
licences issued in accordance with Article 7d of this Regu
lation.’.
However, the sucrose content, including other sugars
expressed as sucrose, of products containing less than
Article 3
85 % sucrose or other sugars expressed as sucrose, and
Entry into force and application
invert sugar expressed as sucrose shall be determined by
ascertaining the dry matter content. The dry matter
This Regulation shall enter into force on the third day following
content shall be determined according to the specific
that of its publication in the Official Journal of the European
gravity of the solution diluted in a proportion of 1 to 1
Union.
by weight and, for solid products, by drying. The dry
matter content shall be expressed as sucrose by multi
It shall apply from 1 October 2012. However, Article 2 shall
plying by the coefficient 1.
apply from 26 September 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 August 2012.
For the Commission
The President
José Manuel BARROSO

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L 235/6
EN
Official Journal of the European Union
1.9.2012
ANNEX
‘C. Entries referred to in Article 7:
— in Bulgarian: Захар, която не се разглежда извън квотата“ за износ без възстановяване“
— in Spanish: “Azúcar
no
considerado
‘al
margen
de
cuota’
para
la
exportación
sin
restitución”
— in Czech:
Cukr, kter se nepovauje za produkt mimo rámec kvót, pro vvoz bez náhrady.“
— in Danish: Sukker,
der
ikke
anses
for
at
vre
uden
for
kvote
til
eksport
uden
restitution
— in German: Nicht
als
Nichtquotenerzeugung‘
geltender
Zucker
für
die
Ausfuhr
ohne
Erstattung‘
— in Estonian: Kvoodivlisena
mitteksitatava
suhkru
eksportimiseks
ilma
toetuseta.”
— in Greek:
“Ζχαρη που δεν θεωρεται ‘εκτ ποσστωση’ προ εξαγωγ χωρ επιστροφ.”
— in English:
“Sugar not considered as ‘out-of-quota’ for export without refund.”
— in French: “Sucre
non
considéré
‘hors
quota’
pour
les
exportations
sans
restitution.”
— in Italian: “Zucchero
non
considerato
‘fuori
quota’
per
le
esportazioni
senza
restituzione”
— in Latvian: “Cukurs,
kas
nav
uzskatāms par “ārpuskvotu” produkciju eksportam bez kompensācijas”,
— in Lithuanian: Virkvotiniu nelaikomas cukrus eksportui be grinamosios imokos“
— in Hungarian: A cukrot nem tekintik ’kvótán felülinek’ a visszatérítés nélküli kivitel tekintetében.
— in Dutch:
Suiker die niet als buiten het quotum geproduceerd” wordt beschouwd, bestemd voor uitvoer
zonder restitutie.”
— in Polish: Cukier
niezaliczany
do
produktów
‘pozakwotowych’,
przeznaczony
na
wywóz
bez
refundacji
— in Portuguese: “Aúcar no considerado ‘extraquota’ para exportao sem restituio.”
— in Romanian: Zahr neconsiderat peste cot” pentru exporturile fr restituire.
— in Slovak:
Cukor, ktor sa nepovauje za nad rámec kvóty na vvoz bez náhrady‘,
— in Slovene: Sladkor
se
ne
teje
kot
izven
kvote‘
za
izvoz
brez
nadomestila.‘
— in Finnish: ”Tuetta
vietv
sokeri,
jota
ei
pidet
kiintin
ulkopuolisena”.
— in Swedish: ’Socker
som
inte
anses
vara
’utomkvotsprodukter’
fr
export
utan
bidrag.’
’

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Document Outline

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