Commission Delegated Regulation (EU) 2015/1538 of 23 June 2015 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to import licence applications, release for free circulation and proof of refining of sugar products of CN code 1701 under preferential agreements, for the marketing years 2015/16 and 2016/17 and amending Commission Regulations (EC) No 376/2008 and (EC) No 891/2009

• CELEX: Delegated Regulation (EU) 2015/1538
• Articles: 11

Article 1 Scope

This Regulation lays down, for the marketing years 2015/16 and 2016/17, provisions on imports of products of CN code 1701 referred to in Council Regulation (EC) No 1528/2007  ( 10 ) and Regulation (EU) No 978/2012 of the European Parliament and of the Council  ( 11 ) , supplementing certain non-essential elements of Regulation (EU) No 1308/2013 in relation to:

(a)

documents and undertakings to be submitted in support of licence applications;

(b)

release for free circulation;

(c)

proof of refining and penalties.

Article 2 Definitions

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

(a)

‘tel. quel weight’ means the weight of the sugar in the natural state;

(b)

‘refining’ means the processing of raw sugars into white sugars as defined in points 1 and 2 of Section A of Part II of Annex II to Regulation (EU) No 1308/2013, and any equivalent technical operation applied to bulk white sugar.

Article 3 Applicability of Regulation (EC) No 376/2008

Regulation (EC) No 376/2008 shall apply save as otherwise provided for in this Regulation.

Article 4 Requirements for import licence applications

1.   Import licence applications shall be accompanied by:

(a)

the originals of the export licences issued by the competent authorities of the exporting third country in accordance with the model set out in Annex I, for a quantity equal to that mentioned in the licence applications. Those originals have to be presented by the applicant to the competent authorities of the Member States prior to customs clearance of the goods covered by the import licence. The export licences may be replaced by certified copies, issued by the competent authorities of the exporting third country, of the proof of origin provided for in Article 14 of Annex II to Regulation (EC) No 1528/2007 for countries listed in Annex I to that Regulation or in Articles 67 to 97j of Commission Regulation (EEC) No 2454/93  ( 12 ) for countries not listed in Annex I to Regulation (EC) No 1528/2007 but listed in Annex I to Regulation (EU) No 978/2012;

(b)

electronic or facsimile copies of the export licences or of the certified copies of the proof of origin referred to in point (a) may be presented in place of the originals in support of import licence applications provided that the originals are presented by the applicant to the competent authorities of the Member States prior to customs clearance of the goods covered by the import licence issued on the strength of the electronic or facsimile copies;

(c)

in the case of sugar refining, the undertaking by the applicant to refine the quantities of sugar in question before the end of the third month following that in which the import licence concerned expires.

2.   The originals of the export licences or the certified copies of the proof of origin referred to in point (a) of paragraph 1 shall be kept by the competent authority of the Member State where the import licence was issued.

Article 5 Release for free circulation

Import licences containing in box 20 the entry ‘sugar intended for refining’ may be used for the import of CN codes 1701 13 10 , 1701 14 10 , 1701 91 00 , 1701 99 10 or 1701 99 90 .

Import licences containing in box 20 the entry ‘sugar not intended for refining’ may be used for the import of CN codes 1701 13 90 , 1701 14 90 , 1701 91 00 , 1701 99 10 or 1701 99 90 .

Article 6 Proof of refining and penalties

1.   Each original holder of an import licence for sugar for refining shall, within six months following the expiry of the import licence concerned, provide the Member State which issued it with proof acceptable to it that refining has taken place within the period laid down in Article 4(1)(c).

Where proof is not provided that at least 95 % of the quantity stated on the import licence has been refined, the applicant shall pay, before 1 June following the marketing year concerned, an amount equal to EUR 500 per tonne for the difference between the actual quantity for which proof of refining has been submitted and 95 % of the quantity stated on the import licence, except for exceptional reasons of force majeure.

2.   Sugar undertakings approved in accordance with Article 137 of Regulation (EU) No 1308/2013 shall declare to the competent authority of the Member State before 1 March following the marketing year concerned the quantities of sugar which they have refined in that marketing year, stating:

(a)

the quantities of sugar corresponding to import licences for sugar for refining;

(b)

the quantities of sugar produced in the Union, giving the references of the approved undertaking which produced that sugar;

(c)

other quantities of sugar, stating their origin.

Article 7 Amendment to Regulation (EC) No 376/2008

Point C of Part I of Annex II to Regulation (EC) No 376/2008 is replaced by the text in Annex II to this Regulation.

Article 8 Amendment to Regulation (EC) No 891/2009

In Article 15(1) of Regulation (EC) No 891/2009, the second subparagraph is replaced by the following:

‘Where proof is not provided that at least 95 % of the quantity stated on the import licence has been refined, the applicant shall pay, before 1 June following the marketing year concerned, an amount equal to EUR 500 per tonne for the difference between the actual quantity for which proof of refining has been submitted and 95 % of the quantity stated on the import licence, except for exceptional reasons of force majeure.’

Article 9 Entry 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 .

Schedules & Appendices

ANNEX I

ANNEX I

Model export licence referred to in Article 4(1)(a):

Text of image

1. Exporter (name, full address, country)

ORIGINAL

2.

No

3. Marketing year

4. Importer (name, full address, country)

(optional)

LICENCE FOR PREFERENTIAL SUGAR

EXPORT TO THE EU

5. Place and date of loading — means of transport

(optional)

6. Country of origin

7. Country/group of countries or territory of destination

8. Additional details

9. Description of goods

10. CN code (8-digit)

11. Quantity (kg)

12. CERTIFICATION BY COMPETENT AUTHORITY

13. Competent authority (name, full address, country)

At:

on:

(signature)

(stamp)

ANNEX II

ANNEX II

Point C of Part I of Annex II to Regulation (EC) No 376/2008 is replaced by the following:

‘C.    Sugar (Part III of Annex I to Regulation (EU) No 1308/2013)

CN code

Description

Amount of the security

Period of validity

Net quantities  ( 1 )

1701

All products imported under preferential conditions other than tariff quotas  ( 2 )

20 EUR/t

Until the end of the third month following the month of the actual day of issue of the licence, in accordance with Article 22(2)

(—)

(—)

Licence or certificate required for any quantities.’

( 1 )   Maximum quantities for which no licence or certificate needs to be presented, pursuant to Article 4(1)(d). Not applicable for imports under preferential conditions or under a tariff quota.

( 2 )   With the exception of imports of preferential sugar of CN code 1701 99 10 originating in the Republic of Moldova referred to in Council Decision 2014/492/EU ( OJ L 260, 30.8.2014, p. 1 ), and of preferential imports of sugar of CN code 1701 originating in Georgia referred to in Council Decision 2014/494/EU ( OJ L 261, 30.8.2014, p. 1 ).