title: Commission Implementing Regulation (EU) No 281/2013 of 22 March 2013 laying down exceptional measures as regards the release of out-of-quota sugar and isoglucose on the Union market at reduced surplus levy during the 2012/2013 marketing year

text:
               23.3.2013

               EN

               Official Journal of the European Union

               L 84/19

         COMMISSION IMPLEMENTING REGULATION (EU) No 281/2013
   of 22 March 2013
   laying down exceptional measures as regards the release of out-of-quota sugar and isoglucose on the Union market at reduced surplus levy during the 2012/2013 marketing year
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   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) (1) and in particular Article 64(2) and Article 186, in conjunction with Article 4 thereof,
   Whereas:

               (1)

               During the 2011/2012 sugar marketing year, the Union average bulk white sugar ex-factory price reached a level of 175 % of the reference price of EUR 404/tonne and was approximately EUR 275/tonne higher than the world market price. The Union price is now stable at a level of around EUR 700/tonne, which is the highest level reached since the reform of the sugar market organisation and disturbs the optimal fluidity of the sugar supply on the Union market. The expected increase of this already high price level during the 2012/2013 marketing year substantiates the risk of serious market disturbances which should be prevented by the necessary measures.

               (2)

               Based on the estimated supply and demand for 2012/2013, the ending stocks for the sugar market are expected to be lower by at least 0,5 million tonne than in 2011/2012. This figure already takes into account the imports from third countries benefiting from certain preferential agreements.

               (3)

               On the other hand, the expectations of a good harvest lead to estimate the production of nearly 5 400 000 tonnes in excess of the sugar quota set out in Article 56 of Regulation (EC) No 1234/2007. Taking account of the foreseeable contractual commitments of sugar producers in respect of certain industrial uses provided for in Article 62 of that Regulation and of the 2012/2013 export commitments for out-of-quota sugar, substantial quantities of out-of-quota sugar of at least 2 000 000 tonnes would still be available. Part of this sugar could be made available to alleviate the tight supply of the Union sugar food market and to avoid excessive price increases.

               (4)

               In order to ensure the fluidity of the market, it is necessary to release out-of-quota sugar. It should be possible to take such a measure each time it is necessary during the marketing year 2012/2013.

               (5)

               Pursuant to Articles 186 and 188 of Regulation (EC) No 1234/2007 measures may be taken, when necessary, to remedy market disturbances or the risk of disturbances, where, in particular, these result from a significant rise of prices in the Union, provided that this objective cannot be reached by means of other measures available under that Regulation. Given the current market circumstances, Regulation (EC) No 1234/2007 does not provide for any specific measures aimed at limiting the high sugar price trend and allowing sugar supply at reasonable prices on the Union market, other than those based on Article 186 of that Regulation.

               (6)

               Article 64(2) of Regulation (EC) No 1234/2007 empowers the Commission to fix the surplus levy on sugar and isoglucose produced in excess of the quota at a sufficiently high level in order to avoid the accumulation of surplus quantities. Article 3(1) of Commission Regulation (EC) No 967/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards sugar production in excess of the quota (2) has fixed that levy at EUR 500 per tonne.

               (7)

               For a limited quantity of sugar produced in excess of the quota, a reduced surplus levy should be fixed at a level per tonne allowing for a fair treatment of Union sugar producers, ensuring the good functioning of the Union sugar market and helping to reduce the difference between Union and world market sugar prices without creating risks of accumulation of surpluses in the Union market.

               (8)

               As Regulation (EC) No 1234/2007 fixes quotas for both sugar and isoglucose, a similar measure should apply for an appropriate quantity of isoglucose produced in excess of the quota because the latter product is, to some extent, a commercial substitute for sugar.

               (9)

               With a view to increasing the supply, sugar and isoglucose producers should apply to the competent authorities of the Member States for certificates allowing them to sell certain quantities, produced above the quota limit, on the Union market with a reduced surplus levy.

               (10)

               The reduced surplus levy should be paid after the application is admitted and before the certificate is issued.

               (11)

               The validity of the certificates should be limited in time to encourage a fast improvement of the supply situation.

               (12)

               Fixing upper limits of the quantities for which each producer can apply in one application period and restricting the certificates to products of the applicant’s own production should prevent speculative actions within the system created by this Regulation.

               (13)

               With their application, sugar producers should commit themselves to pay the minimum price for sugar beet used to produce the quantity of sugar for which they apply. The minimum eligibility requirements for applications should be specified.

               (14)

               The competent authorities of the Member States should notify the Commission of the applications received. In order to simplify and standardise those notifications, models should be made available.

               (15)

               The Commission should ensure that certificates are granted only within the quantitative limits fixed in this Regulation. Therefore, if necessary, the Commission should be able to fix an allocation coefficient applicable to the applications received.

               (16)

               Member States should immediately inform the applicants whether the quantity applied for was fully or partially granted.

               (17)

               The competent authorities should notify the Commission of the quantities for which certificates with a reduction of the surplus levy have been issued. For this purpose, models should be made available by the Commission.

               (18)

               Sugar quantities released on the Union market of quantities in excess of the certificates issued under this Regulation should be subject the surplus levy set out in Article 64(2) of Regulation (EC) No 1234/2007. It is therefore appropriate to provide that any applicant not fulfilling his commitment to release on the Union market the quantity covered by a certificate delivered to him, should also pay an amount of EUR 500 per tonne. This consistent approach is aimed at preventing abuse of the mechanism introduced by this Regulation.

               (19)

               For the purpose of establishing average prices for quota and out-of-quota sugar on the Union market in accordance with Article 13(1) of Commission Regulation (EC) No 952/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards the management of the Community market in sugar and the quota system (3), sugar covered by a certificate issued pursuant to this Regulation should be considered as quota sugar.

               (20)

               In accordance with Article 2(1)(a) of Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities’ own resources (4) contributions and other duties provided for within the framework of the common organisation of the markets in the sugar sector are to constitute own resources. It is therefore necessary to set the date of establishment of the amounts in question within the meaning of Articles 2(2) and Article 6(3)(a) of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 2007/436/EC, Euratom on the system of the European Communities own resources (5).

               (21)

               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:
   Article 1
   Temporary reduction of the surplus levy
   1.   By way of derogation from Article 3(1) of Regulation (EC) No 967/2006, the amount of the surplus levy for a maximum quantity of 150 000 tonnes of sugar in white sugar equivalent and 8 000 tonnes of isoglucose in dry matter, produced in excess of the quota fixed in Annex VI to Regulation (EC) No 1234/2007 and released on the Union market in the 2012/2013 marketing year, shall be fixed at EUR 172 per tonne.
   2.   The reduced surplus levy provided for in paragraph 1 shall be paid after the application referred to in Article 2 is admitted and before the certificate referred to in Article 6 is issued.
   Article 2
   Application for certificates
   1.   In order to benefit from the conditions specified in Article 1, sugar and isoglucose producers shall apply for a certificate.
   2.   Applicants may be only undertakings producing beet and cane sugar or isoglucose, which are approved in accordance with Article 57 of Regulation (EC) No 1234/2007 and have been allocated a production quota for the 2012/2013 marketing year, in accordance with Article 56 of that Regulation.
   3.   Each applicant may submit not more than one application for sugar and one for isoglucose per application period.
   4.   Applications for certificates shall be submitted by fax or electronic mail to the competent authority in the Member State in which the undertaking was approved. The competent authorities of the Member States may require that electronic applications be accompanied by an advance electronic signature within the meaning of Directive 1999/93/EC of the European Parliament and of the Council (6).
   5.   To be admissible, the applications shall fulfil the following conditions:

               (a)

               the applications shall indicate:

                           (i)

                           the name, address and VAT number of the applicant; and

                           (ii)

                           the quantities applied for, expressed in tonnes of white sugar equivalent and tonnes of isoglucose in dry matter, rounded to no decimal places;

               (b)

               the quantities applied for in this application period, expressed in tonnes of white sugar equivalent and tonnes of isoglucose in dry matter, shall not exceed 50 000 tonnes in the case of sugar and 2 500 tonnes in the case of isoglucose;

               (c)

               if the application concerns sugar, the applicant shall commit himself to pay the minimum beet price, set out in Article 49 of Regulation (EC) No 1234/2007, for the quantity of sugar covered by certificates issued in accordance with Article 6 of this Regulation;

               (d)

               the application shall be written in the official language or one of the official languages of the Member State in which the application is lodged;

               (e)

               the application shall indicate a reference to this Regulation and the expiry date for the submission of the applications;

               (f)

               the applicant shall not introduce any additional conditions to those laid down in this Regulation.

         6.   An application which is not submitted in accordance with paragraphs 1 to 5 shall not be admissible.
   7.   An application may not be withdrawn or amended after its submission, even if the quantity applied for is granted only partially.
   Article 3
   Submission of applications
   The period during which applications may be submitted shall end on 3 April 2013 at 12 noon, Brussels time.
   Article 4
   Transmission of applications by the Member States
   1.   The competent authorities of the Member States shall decide on the admissibility of applications on the basis of the conditions set out in Article 2. Where the competent authorities decide that an application is inadmissible, they shall inform the applicant without delay.
   2.   The competent authority shall notify the Commission on Friday at the latest, by fax or electronic mail, of the admissible applications submitted during the preceding application period. That notification shall not contain the data referred to in Article 2(5)(a)(i). Member States that received no applications but have sugar or isoglucose quota allocated to them in the 2012/2013 marketing year, shall also send their nil returns notifications to the Commission within the same time limit.
   3.   The form and content of the notifications shall be defined on the basis of models made available by the Commission to the Member States.
   Article 5
   Exceeded limits
   When the information notified by the competent authorities of the Member States pursuant to Article 4(2) indicates that the quantities applied for exceed the limits set out in Article 1, the Commission shall:

               (a)

               fix an allocation coefficient, which the Member States shall apply to the quantities covered by each notified certificate application;

               (b)

               reject applications not yet notified.

         Article 6
   Issue of certificates
   1.   Without prejudice to Article 5, on the 10th working day following a week where the application period ended, the competent authority shall issue certificates for the applications notified to the Commission, in accordance with Article 4(2).
   2.   Each Monday Member States shall notify the Commission of the quantities of sugar and/or isoglucose for which they issued certificates in the preceding week.
   3.   A template of the certificate is set out in the Annex.
   Article 7
   Validity of certificates
   Certificates shall be valid until the end of the second month following the month of issue.
   Article 8
   Transferability of certificates
   Neither the rights nor the obligations deriving from the certificates shall be transferable.
   Article 9
   Price reporting
   For the purpose of Article 13(1) of Regulation (EC) No 952/2006, the quantity of sugar sold which is covered by a certificate issued pursuant to this Regulation shall be considered as quota sugar.
   Article 10
   Monitoring
   1.   Applicants shall add to their monthly notifications provided for in Article 21(1) of Regulation (EC) No 952/2006 the quantities for which they received certificates in accordance with Article 6 of this Regulation.
   2.   Before 31 October 2013, each holder of a certificate under this Regulation shall submit to the competent authorities of the Member States proof that all quantities covered by his certificates were released on the Union market. Each tonne covered by a certificate but not released on the Union market for reasons other than force majeure, shall be subject to payment of an amount of EUR 328/tonne.
   3.   Member States shall notify the Commission of the quantities not released on the Union market.
   4.   Member States shall calculate and notify the Commission of the difference between the total quantity of sugar and isoglucose produced by each producer in excess of the quota and the quantities which have been disposed by the producers in accordance with the second subparagraph of Article 4(1) of Regulation (EC) No 967/2006. If the remaining quantities of out-of-quota sugar or isoglucose of a producer are less than the quantities issued for that producer for under this Regulation, the producer shall pay an amount of EUR 500/tonne on that difference.
   5.   The notifications provided for in paragraphs 3 and 4 shall be made not later than 30 June 2014.
   Article 11
   Date of establishment
   For the purposes of Article 2(2) and Article 6(3)(a) of Regulation (EC, Euratom) No 1150/2000, the date of establishment of the Union’s entitlement shall be the date on which the surplus levy is paid by the applicants in accordance with Article 1(2) of this Regulation.
   Article 12
   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.
   It shall expire on 30 June 2014.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 22 March 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 299, 16.11.2007, p. 1.

      (2)  OJ L 176, 30.6.2006, p. 22.

      (3)  OJ L 178, 1.7.2006, p. 39.

      (4)  OJ L 163, 23.6.2007, p. 17.

      (5)  OJ L 130, 31.5.2000, p. 1.

      (6)  OJ L 13, 19.1.2000, p. 12.

      ANNEX

         Model for the certificate referred to in Article 6(3)

      CERTIFICATE
      for the reduction, for the 2012/2013 marketing year, of the levy provided for in Article 3 of Regulation (EC) No 967/2006

                  Member State:

                  Quota holder:

                  Product:

                  Quantities applied:

                  Quantities issued:

                  Levy paid (EUR/t):

                  172

                  For the 2012/2013 marketing year, the levy referred to in Article 3 of Regulation (EC) No 967/2006 shall not apply to the quantities issued of this certificate, subject to the respect of the rules laid down in Implementing Regulation (EU) No 281/2013, in particular in Article 2(5)(c).

                  Signature of the competent authority of the Member State

                  Date of issue

                  This certificate shall be valid until the end of the second month following the date of issue.


title: Commission Implementing Regulation (EU) No 129/2013 of 14 February 2013 amending Regulation (EC) No 1121/2009 as regards the transitional national aid to be granted to the farmers in 2013 and Regulation (EC) No 1122/2009 as regards the reduction related to the voluntary adjustment of direct payments in 2013

text:
               15.2.2013

               EN

               Official Journal of the European Union

               L 44/2

         COMMISSION IMPLEMENTING REGULATION (EU) No 129/2013
   of 14 February 2013
   amending Regulation (EC) No 1121/2009 as regards the transitional national aid to be granted to the farmers in 2013 and Regulation (EC) No 1122/2009 as regards the reduction related to the voluntary adjustment of direct payments in 2013
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (1), and in particular points (c) and (e) of Article 142 thereof,
   Whereas:

               (1)

               In accordance with Article 133a of Regulation (EC) No 73/2009 as inserted by Regulation (EU) No 671/2012 of the European Parliament and of the Council (2), certain new Member States may grant a transitional national aid in 2013 under the conditions applicable for the complementary national direct payments. For that reason, Chapter 2 of Title III of Commission Regulation (EC) No 1121/2009 of 29 October 2009 laying down detailed rules for the application of Council Regulation (EC) No 73/2009 as regards the support schemes for farmers provided for in Titles IV and V thereof (3) containing implementing rules for complementary national direct payments should be amended in order to take into account this transitional aid.

               (2)

               Article 10b of Regulation (EC) No 73/2009 as inserted by Regulation (EU) No 671/2012 provides for a voluntary adjustment mechanism of direct payments in respect of 2013. It is therefore appropriate to adapt Article 79(1) of Commission Regulation (EC) No 1122/2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector (4) accordingly.

               (3)

               Regulations (EC) No 1121/2009 and (EC) No 1122/2009 should therefore be amended accordingly.

               (4)

               The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Amendment of Regulation (EC) No 1121/2009
   Regulation (EC) No 1121/2009 is amended as follows:

               (1)

               in Title III, the title of Chapter 2 is replaced by the following:

                     ‘Complementary national direct payments and transitional national aid’;

               (2)

               Article 91 is replaced by the following:
               ‘Article 91
               Coefficient of reduction
               Where in a given sector the complementary national direct payments or the transitional national aid would exceed the maximum level authorised by the Commission in accordance with Article 132(7) or 133a(5) of Regulation (EC) No 73/2009, the rate of complementary national direct payments or transitional national aid of the concerned sector shall be reduced proportionally by application of a coefficient of reduction.’;

               (3)

               Articles 93, 94 and 95 are replaced by the following:
               ‘Article 93
               Controls
               New Member States shall apply appropriate control measures in order to ensure that the conditions for the granting of the complementary national direct payments and the transitional national aid, as set out by the Commission authorisation granted in accordance with Article 132(7) or 133a(5) of Regulation (EC) No 73/2009, are complied with.
               Article 94
               Annual report
               New Member States shall submit a report providing information on the measures for the implementation of the complementary national direct payments and the transitional national aid before 30 June of the year following their implementation. The report shall cover at least the following:

                           (a)

                           any changes in the situation affecting those payments;

                           (b)

                           for each of those payments, the numbers of beneficiaries, the total amount of national aid granted, the hectares, the number of animals or other units of payment paid and the rate of the payment where relevant;

                           (c)

                           a report on control measures applied in accordance with Article 93.

                     Article 95
               State aid
               Complementary national direct payments and transitional national aid paid not in conformity with the authorisation granted by the Commission in accordance with Articles 132(7) and 133a(5) of Regulation (EC) No 73/2009 shall be considered as unlawful State aid within the meaning of Council Regulation (EC) No 659/1999 (5).

         Article 2
   Amendment of Regulation (EC) No 1122/2009
   In Article 79 of Regulation (EC) No 1122/2009, paragraph 1 is replaced by the following:

      ‘1.   Reductions due to the modulation provided for in Articles 7 and 10 of Regulation (EC) No 73/2009 and, as the case may be, in Article 1 of Council Regulation (EC) No 378/2007 (6), and, for 2013, to the voluntary adjustment provided for in Article 10b of Regulation (EC) No 73/2009 as well as the reduction due to the financial discipline provided for in Article 11 of Regulation (EC) No 73/2009 and the reduction provided for in Article 8(1) of that Regulation, shall be applied to the sum of the payments from the different support schemes listed in Annex I to Regulation (EC) No 73/2009 to which each farmer is entitled to, in accordance with the procedure provided for in Article 78 of this Regulation.

   Article 3
   Entry into force
   This Regulation shall enter into force on the 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, 14 February 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 30, 31.1.2009, p. 16.

      (2)  OJ L 204, 31.7.2012, p. 11.

      (3)  OJ L 316, 2.12.2009, p. 27.

      (4)  OJ L 316, 2.12.2009, p. 65.

      (5)  OJ L 83, 27.3.1999, p. 1.’.

      (6)  OJ L 95, 5.4.2007, p. 1.’.


title: Commission Implementing Regulation (EU) No 1136/2011 of 9 November 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               10.11.2011

               EN

               Official Journal of the European Union

               L 292/8

         COMMISSION IMPLEMENTING REGULATION (EU) No 1136/2011
   of 9 November 2011
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   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) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:
   Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto,
   HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex hereto.
   Article 2
   This Regulation shall enter into force on 10 November 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 9 November 2011.

            For the Commission, On behalf of the President,
         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

      (1)  OJ L 299, 16.11.2007, p. 1.

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX
      Standard import values for determining the entry price of certain fruit and vegetables

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  64,0

                  MA

                  47,8

                  MK

                  61,4

                  TR

                  85,9

                  ZZ

                  64,8

                  0707 00 05

                  AL

                  64,0

                  EG

                  161,4

                  TR

                  135,1

                  ZZ

                  120,2

                  0709 90 70

                  AR

                  61,1

                  MA

                  70,1

                  TR

                  146,8

                  ZZ

                  92,7

                  0805 20 10

                  MA

                  80,2

                  ZA

                  74,4

                  ZZ

                  77,3

                  0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90

                  AR

                  54,5

                  HR

                  10,3

                  IL

                  76,0

                  MA

                  79,7

                  TR

                  81,8

                  UY

                  54,6

                  ZZ

                  59,5

                  0805 50 10

                  AR

                  58,5

                  BO

                  59,5

                  TR

                  67,5

                  ZA

                  40,1

                  ZZ

                  56,4

                  0806 10 10

                  BR

                  231,5

                  CL

                  73,3

                  EC

                  65,7

                  LB

                  291,0

                  TR

                  144,2

                  US

                  268,2

                  ZA

                  80,8

                  ZZ

                  165,0

                  0808 10 80

                  CA

                  145,0

                  CL

                  90,0

                  CN

                  67,2

                  MK

                  41,0

                  NZ

                  127,6

                  ZA

                  150,1

                  ZZ

                  103,5

                  0808 20 50

                  CN

                  50,3

                  TR

                  133,1

                  ZZ

                  91,7

         (1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.


title: Commission Implementing Regulation (EU) No 75/2013 of 25 January 2013 derogating from Regulation (EC) No 951/2006 as regards the application of representative prices and additional import duties for certain products in the sugar sector and repealing Implementing Regulation (EU) No 892/2012 fixing the representative prices and additional import duties for certain products in the sugar sector for the 2012/2013 marketing year

text:
               26.1.2013

               EN

               Official Journal of the European Union

               L 26/19

         COMMISSION IMPLEMENTING REGULATION (EU) No 75/2013
   of 25 January 2013
   derogating from Regulation (EC) No 951/2006 as regards the application of representative prices and additional import duties for certain products in the sugar sector and repealing Implementing Regulation (EU) No 892/2012 fixing the representative prices and additional import duties for certain products in the sugar sector for the 2012/2013 marketing year
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   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) (1), and in particular Article 143 in conjunction with Article 4 thereof,
   Whereas:

               (1)

               The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups have been fixed for the 2012/2013 marketing year by Commission Implementing Regulation (EU) No 892/2012 (2).

               (2)

               Article 141(2) of Regulation (EC) No 1234/2007 establishes that additional import duties are not be imposed where the imports are unlikely to disturb the Community market, or where the effects would be disproportionate to the intended objective.

               (3)

               For a significant period of time, sugar prices in the Union market have been far above the reference price and, based on current market forecast, it is not expected that the world market price of sugar would be reduced to such levels that, taking into account the current import tariff, the imports of sugar would disturb the EU sugar market in the absence of additional duties. Under these circumstances of relatively high world market prices, imports of sugar products covered by Article 36(1) of Commission Regulation (EC) No 951/2006 of 30 June 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 (3) are not likely to disturb the Union market and consequently no additional duties on these imports should be imposed. Taking into account the fundamentals of the world and Union sugar markets, this situation is unlikely to change significantly for the next two marketing years, i.e. till the end of the Union quota regime.The Commission monitors constantly the sugar market and shall take any appropriate measures if necessary.

               (4)

               As long as additional duties are not imposed, there is no need to fix the representative prices which are used to calculate them.

               (5)

               It is then appropriate to derogate from the application of Article 36 of Regulation (EC) No 951/2006 until the end of the marketing year 2014/2015.

               (6)

               Implementing Regulation (EU) No 892/2012 should therefore be repealed.

               (7)

               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 1
   By way of derogation from Article 36 of Regulation (EC) No 951/2006, the additional import duties shall not be applied to the products referred to in that Article until 30 September 2015.
   Article 2
   Implementing Regulation (EU) No 892/2012 is repealed. However, it shall remain applicable to additional duties imposed before the entering into force of the present Regulation.
   Article 3
   This Regulation shall enter into force on the 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, 25 January 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 299, 16.11.2007, p. 1.

      (2)  OJ L 263, 28.9.2012, p. 37.

      (3)  OJ L 178, 1.7.2006, p. 24.