(1)

According to Article 61, first subparagraph, point (d) of Regulation (EC) No 1234/2007, the sugar produced during a marketing year in excess of the quota referred to in Article 56 of that Regulation may be exported only within the quantitative limit to be fixed.

(2)

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 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 (2). However, the quantitative limit should be fixed per marketing year in view of the possible opportunities on the export markets.

(3)

Commission Regulation (EC) No 274/2009 (3) has fixed the quantitative limit for the exports of out-of-quota sugar at 650 000 tonnes in respect of marketing year 2009/2010. However, according to the most recent forecasts issued at the beginning of the 2009/2010 sugar beet harvest it is certain that due to exceptionally favourable weather conditions a very important amount of out-of-quota beet sugar would be produced in the Community. The amount of out-of-quota sugar to be produced in 2009/2010 is initially estimated at around 3-4 million tonnes, which would lead to serious storage problems and provoking large quantity of sugar to be carried forward as quota sugar for marketing year 2010/2011. It is therefore necessary to increase the quantitative limit for out-of-quota sugar exports to 1 350 000 t in respect of marketing year 2009/2010.

(4)

Regulation (EC) No 274/2009 should therefore be amended accordingly.

(5)

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