Commission Implementing Regulation (EU) No 170/2013Show full title

CHAPTER II TRANSITIONAL MEASURES TO AVOID SPECULATION AND MARKET DISTURBANCE

Article 5 Definitions

For the purposes of this Chapter, the following definitions shall apply:

(a)

‘sugar’ means:

(i)

beet sugar and cane sugar, in solid form, falling within CN code 1701;

(ii)

sugar syrup falling within CN codes 1702 60 95 and 1702 90 95;

(iii)

inulin syrup falling within CN codes 1702 60 80 and 1702 90 80;

(b)

‘isoglucose’ means the product falling within CN codes 1702 30 10, 1702 40 10, 1702 60 10, 1702 90 30 and 2106 90 30;

(c)

‘processed products’ means products having an added sugar/sugar equivalent content exceeding 10 %, which have resulted from the processing of agricultural products;

(d)

‘fructose’ means chemically pure fructose falling within CN code 1702 50 00.

SECTION 1 Products under particular customs treatments and procedures on the date of accession

Article 6 Suspensive regime

By way of derogation from Section 5 of Annex IV to the Act of Accession products falling within CN codes 1701, 1702, 1704, 1904, 1905, 2006, 2007, 2009, 2105 and 2202, which are in temporary storage referred to in Articles 50 and 51 of Regulation (EEC) No 2913/92, or under one of the customs treatments or procedures referred to in Article 4(15)(b) and (16)(b) to (g) of that Regulation in Croatia on 1 July 2013, shall be charged with the import duty in accordance with Annex I to Council Regulation (EEC) No 2658/87(1) and any additional duty applicable on the date of the incurrence of the customs debt.

SECTION 2 Surplus quantities

Article 7 Determination of surplus quantities

1. The Commission shall determine by 31 January 2014 at the latest, for Croatia, in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007:

(a) the quantity of sugar as such or in processed products (in white sugar equivalent);

(b) the quantity of isoglucose (dry matter);

(c) the quantity of fructose;

exceeding the quantity considered as being normal carry-over stock on 1 July 2013 and which has to be eliminated from the market at the expense of Croatia.

2. To determine the surplus quantities referred to in paragraph 1, account shall in particular be taken of the development from 1 July 2012 to 30 June 2013, in relation to the previous three years, counting from 1 July 2009 to 30 June 2012, of:

(a) imported and exported quantities of sugar as such or in processed products, isoglucose and fructose;

(b) production, consumption and stocks of sugar and isoglucose;

(c) the circumstances in which stocks were built up.

Article 8 Identification of surplus quantities at the operators’ level

1. Croatia shall have in place, on 1 July 2013, a system for the identification, at the level of operators, of traded or produced surplus quantities of sugar as such or in processed products, isoglucose or fructose. That system shall in particular rely on import tracking, fiscal monitoring, surveys based on operators’ accounts and physical stocks, and include measures such as risk guarantees and import licences.

The identification system shall be based on a risk assessment taking due account in particular of the following criteria:

(a) type of activity of the operators concerned;

(b) capacity of storage facilities;

(c) scale of economic activity.

2. Croatia shall use the identification system referred in paragraph 1 to compel the operators concerned to eliminate from the market, at their own expense, a quantity of sugar or isoglucose equivalent to their individual surplus quantity.

Article 9 Elimination of surplus quantities

1. Croatia shall ensure the elimination from the market, without Union intervention, of a quantity of sugar or isoglucose equal to the surplus quantity referred to in Article 7(1), by 31 October 2014 at the latest.

2. Elimination of surplus quantities determined pursuant to Article 7 shall be carried out without Union support, using the following methods:

(a) export from the Union by identified operators, without national support;

(b) use in the sector of combustibles;

(c) denaturation without aid for animal feed in accordance with Titles III and IV of Commission Regulation (EEC) No 100/72(2).

Article 10 Amount to be charged in case of surplus quantities

Where the total quantities determined by the Commission in accordance with Article 7(1) exceed the total quantities referred to in Article 8, then Croatia shall be charged with an amount equal to the difference between those figures (in white sugar or dry matter equivalent) multiplied by the highest positive difference between the average Union sugar market price reported on a monthly basis in accordance with Article 14 of Commission Regulation (EC) No 952/2006(3) and the average monthly quotation, in EUR equivalent, of white sugar observed at the London No 5 white sugar futures market for the nearest term during the period from 1 July 2013 to 31 October 2014. That amount shall be increased by EUR 50 per tonne. The amount charged shall be assigned to the Union budget by 30 June 2015 at the latest.

Article 11 Proofs of elimination by the operators

1. By 31 January 2015 at the latest, the operators concerned shall provide the proof, to the satisfaction of Croatia that they have eliminated in accordance with Article 9(2), and at their own expense, their individual surplus quantities of sugar and isoglucose identified by virtue of the application of Article 8.

2. When the sugar or isoglucose is eliminated in accordance with Article 9(2)(a), the proof of elimination shall consist of:

(a) export licences issued in accordance with Commission Regulations (EC) No 951/2006(4) and (EC) No 376/2008(5);

(b) relevant documents referred to in Articles 31 and 32 of Regulation (EC) No 376/2008 necessary for the release of the guarantee.

The application for the export licence referred to in first subparagraph shall comprise in section 20 the following indication:

‘for export in accordance with Article 9(2)(a) of Implementing Regulation (EU) No 170/2013’

The export licence shall comprise in section 22 the following indication:

‘to be exported without refund … (quantity for which this licence was issued) kg’

The export licence shall be valid from the date of its issue until 31 October 2014.

3. In case the proof of elimination is not provided in accordance with paragraphs 1 and 2 Croatia shall charge the operator concerned with an amount equal to its individual surplus quantity, identified by virtue of the application of Article 8, multiplied by EUR 500 per tonne (in white sugar or dry matter equivalent). This amount shall be assigned to the national budget of Croatia.

Article 12 Proof of elimination by Croatia

1. By 28 February 2015 at the latest Croatia shall provide the proof to the Commission that the surplus quantity referred to in Article 7(1) was eliminated from the Union market in accordance with the methods referred to in Article 9(2) and shall specify for each method the quantity eliminated.

2. In case the proof of elimination from the Union market is not provided in accordance with paragraph 1, for all or part of the surplus quantity, Croatia shall be charged an amount equal to the quantity not eliminated (in white sugar or dry matter equivalent) multiplied by the highest positive difference between the average Union sugar market price reported on a monthly basis in accordance with Article 14 of Regulation (EC) No 952/2006 and the average monthly quotation, in EUR equivalent, of white sugar observed at the London No 5 white sugar futures market for the nearest term during the period from 1 July 2013 to 31 October 2014. That amount shall be increased by EUR 50 per tonne. From the resulting total amount shall be deducted any amount charged pursuant to Article 10 of this Regulation.

This amount shall be assigned to the Union budget by 30 June 2015 at the latest.

The amounts referred to in the first subparagraph and in Article 10 shall be determined in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007 by 30 April 2015 at the latest on the basis of the communications made by Croatia pursuant to paragraph 1 of this Article.

Article 13 Control

1. Croatia shall take all the necessary measures for the application of this Chapter and establish the control procedures necessary for the elimination of the surplus quantity referred to in Article 7(1).

2. Croatia shall communicate to the Commission by 30 September 2013 at the latest:

(a) information on the system established for the identification of surplus quantities referred to in Article 8;

(b) quantities of sugar, isoglucose, fructose and processed products imported and exported monthly for the period from 1 July 2009 to 30 June 2013, communicated separately for imports from and exports to:

(i)

the Union as constituted at 30 June 2013;

(ii)

third countries;

(c) for the period from 1 July 2009 to 30 June 2013, the quantities of sugar and isoglucose produced annually, broken down, as the case may be, by production under quota and out of quota, refined from imported raw sugar and consumed annually;

(d) for the period from 1 July 2009 to 30 June 2013, the stocks of sugar and isoglucose held on 1 July of each year.

(1)

OJ L 256, 7.9.1987, p. 1.

(2)

OJ L 12, 15.1.1972, p. 15.

(3)

OJ L 178, 1.7.2006, p. 39.

(4)

OJ L 178, 1.7.2006, p. 24.

(5)

OJ L 114, 26.4.2008, p. 3.