19.9.2008 _EN | Official Journal of the European Union L 251/13 COMMISSION REGULATION (EC) No 910/2008 of 18 September 2008 amending Regulation (EC) No 951/2006 in respect of laying down detailed rules for out-of-quota exports in the sugar sector THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector ('), and in particular Article 40(1) thereof, Whereas: According to Article 12(d) of Regulation (EC) No 318/2006 the sugar or isoglucose produced during a marketing year in excess of the quota referred to in Article 7 of that Regulation may be exported only within the quantitative limit to be fixed. To this end it should be considered an export quota within the meaning of Article 1(2)(b)(iii) of Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (3. In respect of the sugar sector, Commission Regulation (EC) No 951/2006 (}) lays down detailed rules for the implementation of Regulation (EC) No 318/2006 as regards trade with third countries. Commission Regulation (EC) No 952/2006 (4 as amended by Regulation (EC) No 707/2008 (°) simplified the use of methods for the determination of sugar content of syrups. It is therefore appropriate to harmonise the methods used in the case of export refunds with those laid down in Regulation (EC) No 952/2006. With a view to ensuring orderly management, preventing speculation and providing for effective controls, detailed L 58, 28.2.2006, p. 1. L 114, 26.4.2008, p. 3. L 178, 1.7.2006, p. 24. L 178, 1.7.2006, p. 39. L 197, 25.7.2008, p. 4. ©) () 0] 0 rules should be laid down for submitting licence appli- cations for out-of-quota exports of sugar and isoglucose. Such rules should make use of the procedures laid down by existing legislation, with suitable adaptations to reflect the specific needs of this sector. Further implementing provisions should be established for the administration of the quantitative limit to be fixed by another Act, in particular regarding the conditions for applying for export licences. In order to reduce the risks of possible frauds linked to the reintroduction on the Community market of out-of- quota sugar andfor isoglucose it may be decided to exclude certain destinations from the eligible destinations. For such cases it is necessary to define those documents that would prove that the products in question have been imported into a country not excluded from the eligible destinations. Article 1 of Commission Regulation (EC) No 1541/2007 of 20 December 2007 on proof of completion of customs formalities for the import of sugar into third countries as provided for in Article 16 of Regulation (EC) No 800/1999 (°) defines those documents that provide sufficient proofs of importation in case of differ- entiated export refunds. The same documents should also be accepted as proof for out-of-quota exports. Experience acquired has shown that the application for export licences concerning the specific (EX/IM) refining operations is very limited. Therefore, the relevant provisions of Regulation (EC) No 951/2006, namely Articles 13 tol6 thereof, should be deleted. Transitional rules should nevertheless be laid down in respect of pending applications. According to Article 3 of Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements estab- lishing, or leading to the establishment of, Economic Partnership Agreements (/) all import duties shall be eliminated on imports of molasses into the Community originating in the ACP countries. Therefore Article 41 of Regulation (EC) No 951/2006 should be deleted. L 337, 21.12.2007, p. 54. L 348, 31.12.2007, p. 1.