Commission Implementing Regulation (EU) No 1278/2014
of 1 December 2014
amending Regulations (EC) No 967/2006, (EC) No 828/2009, (EC) No 891/2009 and Implementing Regulation (EU) No 75/2013
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Whereas:
Regulation (EU) No 1308/2013 provides for the extension of the sugar quota regime until 30 September 2017 and introduces changes in that regime. It is therefore necessary to adapt certain Regulations in the sugar sector.
Regulation (EC) No 967/2006 sets the deadlines for communications from the Member States to the Commission of quantities carried forward by the undertakings in application of Article 141 of Regulation (EU) No 1308/2013. In view of the new dates for communications by undertakings to the Member States set out in that Article, the deadlines set out in Article 17 of Regulation (EC) No 967/2006 need to be adapted accordingly.
Considering that imports under certain preferential regimes are not subject to a limited quota quantity, it is opportune to facilitate customs procedures by allowing a customary level of tolerance of maximum 5 % in licences for preferential sugar imports.
Regulations (EC) No 967/2006, (EC) No 828/2009, (EC) No 891/2009 and Implementing Regulation (EU) No 75/2013 should therefore be amended accordingly.
The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,
HAS ADOPTED THIS REGULATION:
Article 1Amendments to Regulation (EC) No 967/2006
Regulation (EC) No 967/2006 is amended as follows:
- (1)
in Article 4(1), point (a) is replaced by the following:
‘(a)
delivered to a processor on 30 November of the following marketing year at the latest to be used in the manufacture of the products referred to in the Annex;’;
- (2)
in Article 17, points (a) and (b) are replaced by the following:
‘(a)
not later than 15 September, the quantities of beet sugar, inulin syrup and cane sugar from the current marketing year to be carried forward to the next marketing year;’.
Article 2Amendments to Regulation (EC) No 828/2009
Regulation (EC) No 828/2009 is amended as follows:
- (1)
Article 4 is amended as follows:
- (a)
in paragraph 4, the following subparagraph is added:
‘Electronic or facsimile copies of the export licences referred to in point (b) of the first subparagraph, or of the certified copies referred to in the second subparagraph, may be submitted in place of the originals in support of import licence applications provided that the originals are submitted by the applicant to the competent authorities of the Member States at the point of customs clearance of the import licence prior to customs clearance of the goods covered by the import licence issued on the strength of the electronic or facsimile copies.’;
- (b)
in paragraph 6, ‘a document’ shall be replaced by ‘an original, electronic, or facsimile document’;
- (c)
the following paragraph 7 is added:
‘7.
Article 48(1) and (4) of Regulation (EC) No 376/2008 shall not apply where the quantity of sugar imported under this Regulation is greater by not more than 5 % of the quantity indicated in the import licence. The additional quantity shall be considered to have been imported under that licence’;
- (a)
- (2)
Article 8 is amended as follows:
- (a)
in the first paragraph, CN code ‘1701 11 10’ is replaced by ‘1701 13 10, 1701 14 10’,
- (b)
in the second paragraph, CN code ‘1701 11 90’ is replaced by ‘1701 13 90, 1701 14 90’;
- (a)
- (3)
in Article 9, paragraph 6 is replaced by the following:
‘6.
The notifications referred to in this Regulation shall be made in accordance with Commission Regulation (EC) No 792/20099.’.
Article 3Amendments to Regulation (EC) No 891/2009
Regulation (EC) No 891/2009 is amended as follows:
- (1)
in Article 13(1), CN code ‘1701 11 90’ is replaced by ‘1701 13 90, 1701 14 90’;
- (2)
in Annex I, Part I, CN code ‘1701 11 10’ is replaced by ‘1701 13 10 and 1701 14 10’.
Article 4Amendment to Implementing Regulation (EU) No 75/2013
In Article 1 of Implementing Regulation (EU) No 75/2013, ‘30 September 2015’ is replaced by ‘30 September 2017’.
Article 5Entry into force
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 December 2014.
For the Commission
The President
Jean-Claude Juncker