Introductory text

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)^f1, and in particular Article 61, first subparagraph, point (d) in conjunction with Article 4 thereof,

Whereas:

According to Article 61, first subparagraph, point (d) of Regulation (EC) No 1234/2007, the sugar or isoglucose produced in excess of the quota referred to in Article 7 of that Regulation may be exported only within the quantitative limit to be fixed.

Detailed implementing rules for out-of-quota exports, in particular concerning the issue of export licences are laid down by Commission Regulation (EC) No 951/2006^f2. However, the quantitative limit should be fixed per marketing year in view of the possible opportunities on the export markets.

For certain Community producers of sugar and isoglucose, exports from the Community represent an important part of their economic activities and they have established traditional markets outside the Community. Exports of sugar and 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 and isoglucose exports so that the Community producers concerned may continue to supply their traditional markets.

For the 2008/09 marketing year it is estimated that fixing the quantitative limit at 650 000 tonnes, in white sugar equivalent, for out-of-quota sugar exports and 50 000 tonnes, in dry matter, for out-of-quota isoglucose would correspond to the market demand.

Community exports to certain close destinations and to third countries granting Community products a preferential import treatment are currently in a particular favorable competitive position. Furthermore, in order to minimise the risk of fraud and to prevent any abuse associated with the re-import or reintroduction into the Community of out-of-quota sugar or isoglucose certain close destinations should be excluded from the eligible destinations.

In view of the estimated lower risks for eventual frauds regarding isoglucose due to the nature of the product, those countries of the Western Balkans whose authorities have to issue an export certificate for the confirmation of the origin of the sugar or isoglucose products to be exported to the Community, should be exempted from this exclusion.

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION: