28.3.2006 Official Journal of the European Union L 89/11 COMMISSION REGULATION (EC) No 493/2006 of 27 March 2006 laying down transitional measures within the framework of the reform of the common organisation of the markets in the sugar sector, and amending Regulations (EC) No 1265/2001 and (EC) No 314/2002 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 (1), and in particular Article 44 thereof, Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (%), and in particular Articles 7(5), 15(8) and 16(5) thereof, Whereas: The necessary measures should be taken to facilitate the transition in the sugar sector from the rules provided for in Regulation (EC) No 1260/2001 to the new regime established by Regulation (EC) No 318/2006. the decision to carry forward in order to facilitate the transition between the existing regime and the new regime. The quantity of non-quota sugar in the 2005/2006 marketing year, which may be neither carried over nor exported, should be considered to be non-quota sugar in the 2006/2007 marketing year in order to allow its disposal through the uses provided for in respect of this sugar by Regulation (EC) No 318/2006, as well as, taking into account the exceptional conditions of the transition between those marketing years, its use in animal feed. For control purposes and, where applicable, the appli- cation of penalties, the proportion of C sugar production in the 2005/2006 marketing year not carried over and not considered to be in excess of the quota in the 2006/2007 marketing year should continue to be subject to the application of Commission Regulation (EEC) No 2670/81 of 14 September 1981 laying down detailed implementing rules in respect of sugar production in excess of the quota (¥). In order to improve the market balance in the @ f;;ggi‘ggg (e _deletion of the Ofifggffaiﬁgn P Community without creating new stocks of sugar in 1260/2001, measures should be laid down to manage the d 20? 62007 m.ar.ketlilg yeat provmog shoufd .bble ] t t t the quantities of sugar resulting from the disappearance rr;e(l) dzcti(())rrl in dr:rnSlll::)Itl: inm(;:uzit gf gcla;lcrenafklegtline of this obligation and of the C sugar arrangements from )[:e ar. A threshold qsh ould be Exe d above which th% éolrlrlllr}rllu?l(i)to";' i:'?eersrfatggrelziu(r)%sli S;?(;lrll(sl comply with the production under quota of each undertaking is y 8 : considered withdrawn within the meaning of Article 19 of Regulation (EC) No 318/2006 or, at the request of the undertaking, as production in excess of the quota within () To improve management of the quantities of sugar the meaning of Article 12 of that Regulation. In view of produced in excess of the quota attributable to the 2005/2006 marketing year, undertakings should be allowed to carry forward some of these quantities to the 2006/2007 marketing year. To this end, it should be laid down that the carry forward in question is subject to the application of Commission Regulation (EEC) No 65/82 of 13 January 1982 laying down detailed rules for carrying forward sugar to the following marketing year (%), while allowing a certain degree of flexibility on () OJ L 58, 28.2.2006, p. 1. (®» O] L 178, 30.6.2001, p. 1. Regulation as last amended by the transition between the two regimes, this threshold should be obtained by a combination, in equal parts, of the method laid down in Article 10 of Regulation (EC) No 1260/2001 and that laid down in Article 19 of Regulation (EC) No 318/2006 and take into account the special efforts made by some Member States within the framework of the restructuring fund set up by Council Regulation (EC) No 320/2006 of 20 February 2006 establishing a temporary scheme for the restruct- uring of the sugar industry in the Community and amending Regulation (EC) No 1290/2005 on the financing of the common agricultural policy (%). Commission Regulation (EC) No 39/2004 (O] L 6, 10.1.2004, p. 16). () OJ L 262, 16.9.1981, p. 14. Regulation as last amended by Regu- () OJ L9, 14.1.1982, p. 14. Regulation as last amended by Regulation lation (EC) No 95/2002 (O] L 17, 19.1.2002, p. 37). (EQ) No 2223/2000 (O] L 253, 7.10.2000, p. 15). () OJ L 58, 28.2.2006, p. 42.