31975R0824

No L 79 / 8 Official Journal of the European Communities 28 . 3 . 75

REGULATION ( EEC) No 824/75 OF THE COMMISSION of 24 March 1975

laying down transitional measures applicable to sugar imported by the Commu­ nity under preferential arrangements

THE COMMISSION OF THE EUROPEAN in the Community, it is appropriate to include the COMMUNITIES, most important of them in this Regulation ; whereas it is appropriate that these rules of origin be extended to Having regard to the Treaty establishing the European the overseas countries and territories concerned ; Economic Community ; Whereas it is necessary to take account of differences Having regard to Council Regulation (EEC) No in refining costs as between the various categories of 3330/74 (') of 19 December 1974 on the common Community enterprise which refine the cane sugar organization of the market in sugar, and in particular imported under the new preferential arrangements ; Article 43 thereof ; whereas these differences warrant in certain cases either the charging of a levy representing the relevant Whereas the provisions of the Act of Accession (2), difference in costs or the requirement of equivalent and in particular those of Protocol 17 annexed security ; thereto, authorized up to 28 February 1975 preferen­ tial imports of cane sugar covered by the Common­ Whereas, moreover, imports must be effected under wealth Sugar Agreement ; whereas that system was the system of import licences provided for in the operated within the framework of Council Regulation sugar sector ; whereas, nevertheless, it is desirable to No 1009 / 67/ EEC (3) of 18 December 1967 on the amplify certain special rules and to this end to amend , common organization of the market in sugar, as last and to derogate from , certain provisions of Commis­ amended by Regulation ( EEC) No 2476/74 (4) ; sion Regulation (EEC) No 2637/70 (5) of 23 December 1970 on special detailed rules for the application of Whereas, un.der the provisions of the abovementioned the system of import and export licences and advance Act, and in particular those of Protocol 22 annexed fixing certificates for agricultural products, as last thereto, the Community undertook to ' have as its firm amended by Regulation (EEC) No 558 /75 (6) ; purpose' the safeguarding of the interest in the expor­ tation of sugar of certain developing countries ; Whereas the provisions of the Protocol annexed to the whereas, in implementation of that undertaking, the convention and to the Decision as aforesaid were Protocol on sugar annexed to the ACP-EEC conven­ made effective from 28 February 1 975 in order to tion of Lome signed on 28 February 1975 provides for avoid any discontinuity in the importation of cane a new system of preferential imports of cane sugar sugar under preferential conditions ; whereas it is into the Community ; whereas by the Council Deci­ consequently desirable, in particular for purposes of sion of 25 February 1975, that system has been administration of the agreed quantities, to take certain extended . to certain overseas countries and territories ; measures with respect to imports made before the entry into force of this Regulation ; Whereas pursuant to Article 1 of the Protocol annexed to the convention and to the Decision as Whereas the measures provided for in this Regulation aforesaid , the new preferential system must be oper­ are in accordance with the Opinion of the Manage­ ated within the framework of the common organiza­ ment Committee for Sugar, tion of the market in sugar ;

Whereas the preferential nature of the new system HAS ADOPTED THIS REGULATION : requires that the import levies provided for in the framework of the common organization of the market in sugar should not apply to it ; Article 1 Whereas, in the said convention , rules of origin have This Regulation shall apply to white and raw sugar been laid down concerning the conditions under ( hereinafter referred to as ' preferential sugar') falling which the sugar concerned acquires the status of a within subheading 17.01 B I or B II of the Common product originating in the developing country Customs Tariff, originating in the states, countries and concerned and the mode of proof and verification of territories set out in Annex I hereto and imported by this status ; whereas, since these rules do not yet apply the Community under the preferential conditions contained in the following : (') OJ No L 359 , 31 . 12. 1974, p. 1 . (-') OJ No L 73, 27 . 3 . 1972, p. 14 . (3 ) OJ No 308 , 18 . 12 . 1967, p. 1 . (5 ) OJ No L 283 , 29 . 1 2 . 1 970, p . 1 5 . (4 ) OJ No L 264, 1.10 . 1974, p. 70 . ( 6) OJ No L 59, 5 . 3 . 1975 , p. 16 .

28 . 3 . 75 No L 79 /9 Official Journal of the European Communities

concerned has not within six months from the date of (a) the Protocol on sugar annexed to the convention signed at Lome between the ACP countries and importation furnished proof that the sugar in question the EEC, was refined in a refinery. Release of the security shall be effected forthwith . (b) the Council Decision of 25 February 1975 on the' importation of cane sugar originating in certain overseas countries and territories . Article 6

Artide 2 The amount referred to in Article 3 (3) shall be paid to the refiner by the Member State in which the prefer­ The provisions of Article 14 of Regulation No 1009/ ential raw sugar is refined, in the currency of that 67/ EEC and of Article 15 of Regulation (EEC) No Member State, on production of proof : 3330/74 shall not apply to preferential sugar. (a) that the sugar in question has been refined in a refinery, and Article 3 (b) that the levy referred to in Article 3(1 ) was charged on the importation of the sugar 1 . When preferential raw sugar is put into free concerned . circulation it shall be subject to a levy of 1-07 units of account per 100 kg of sugar expressed in white value by reference to a raw sugar yield calculated by Article 7 doubling the degree of polarization of the raw sugar and deducting 100 . 1 . Sugar to be regarded for purposes of this Regula­ tion as preferential sugar must have originated in the 2. By way of derogation from paragraph 1 , no levy states, countries and territories listed in Annex I , have shall be charged : been exclusively manufactured there from products — on preferential raw sugar other than for refining harvested there, and have been transported from such (subheading 17.01 B II b) of the Common states, countries or territories to the territory of the Customs Tariff), or Community without going through another territory. However, products constituting one single consign­ — subject to security being lodged in an amount ment may be transported through a territory not listed equal to that of the levy, on preferential raw sugar, in Annex I, with , should the occasion arise, tranship­ other than that referred to in the first indent, ment or temporary warehousing in such territory, which is intended for refining in a refinery. provided that the crossing of the latter territory is justi­ 3 . Where the levy has been . charged on preferential fied for geographical reasons or by the needs of trans­ raw sugar which is subsequently refined in a refinery, port and that the products concerned have not entered into commerce or been delivered for home an amount equal to the levy shall be granted to the refiner concerned after proof has been furnished that use there, and have not undergone operations other the sugar in question has been refined . than unloading, reloading or any other operation designed to preserve them in good condition . 4. For the purposes of this Regulation 'refinery' means a technical unit whose sole activity consists in 2 . Proof of originating status within the meaning of the refining of raw sugar or of syrups produced prior the preceding paragraph shall be furnished by produc­ to crystallization . tion of a movement certificate EUR . 1 , a specimen of which is shown in Annex II, issued by the customs Article 4 authorities of the exporting state, country or territory at the time when the goods to which it relates are Preferential sugar in respect of which is claimed the exported . exemption from levy provided for in the first indent of Article 3 (2) shall be subject to customs control or Exceptionally, the movement certificate may be issued to an administrative control offering equivalent safe­ after the exportation of the goods to which it relates guards. where it was not issued at the time of exportation because of errors, involuntary omissions, or special circumstances . In such a case the certificate shall bear Article 5 one of the following endorsements : ' Nachtraglich The security referred to in the second indent of ausgestellt', ' Delivre a posteriori', ' Rilasciato a poste­ Article 3 (2) may, at the option of the person riori ', Afgegeven a posteriori', ' Issued retrospectively', concerned, be lodged in the form either of a cash ' Udstedt efterfolgende'. deposit or of a guarantee provided by an institution The discovery of slight discrepancies between the state­ approved by the Member State in which customs ments made in the movement certificate EUR . 1 and import formalities are completed . those made in the other documents submitted to the Except in case of force majeure, the security shall be customs office for the purpose of carrying out the ' forfeit and treated as levy in respect of any quantity of formalities for importing the products shall not ipso preferential raw sugar as to * which the person fcicto render the certificate null and void if it is duly

No L 79 / 10 Official Journal of the European Communities 28 . 3 . 75

established that the certificate does correspond to the ' PRAFERENCESUKKER (Forordning (EØF) goods submitted . nr. 824/75)' in section 14, the name of the state, country or 3 . Certificates as referred to in paragraph 2 shall territory of origin of the product. contain : The application for the licence shall contain — in box 7 one of the following endorsements : the same entries. The issue of an import licence shall carry with it the obligation to 'Application reglement (CEE) n° 824/75 import in accordance with the provisions of 'Anwendung von Verordnung (EWG) Nr. 824/75' Regulation (EEC) No 824/75 from the state, 'Applicazione regolamento (CEE) n . 824/75' country or territory in respect of which it was 'Toepassing van Verordening (EEG) nr. 824/75' issued .' 'Anvendelse af forordning (E0F) nr. 824/75' 'Regulation (EEC) No 824/75 refers'. A rticle 9 The certificate shall also indicate in box 7 the date of shipment of the goods and the delivery period 1 . By way of derogation from Article 32 ( 1 ) of Regu­ (as defined in the documents referred to in Article lation (EEC) No 2637/70, an import licence issued in 1 ). The stated delivery period shall not, however, respect of preferential sugar shall be valid for three affect the applicability of the certificate at the time months from its date of issue within the meaning of of importation . With respect to preferential sugar Article 9(1 ) of Regulation (EEC) No 1 93/75 ('). originating in Swaziland or in Malawi , in place of 2. By way of derogation from Article 33 ( 1 ) of Regu­ the date of shipment there shall be indicated the lation ( EEC) No 2637/70, the amount of the security date on which the goods crossed the frontier with Mozambique . in respect of import licences for preferential sugar shall be 0-5 unit of account per 100 kilogrammes. — in box 8 the subheading of the Common Customs Tariff for the goods in question . Article 10

4 . Member States shall forward to the Commission In point 1 of Article 5 of Regulation (EEC) No by the 20th of each month copies, supplied by the 955/70 (2) the final semicolon is replaced by a comma persons concerned , of EUR . 1 certificates relating to and the following is added : the imports made during the preceding -calendar month . 'separate particulars, broken down according to the state, country or territory of origin , to be given in Each such copy shall contain in box 8 the endorse­ respect of the quantities of preferential sugar for ments in respect of the importation concerned and which import licences have been issued pursuant particulars of the quantities actually imported . to Regulation (EEC) No 824/75 ;'

Article 11 Article 8 In respect of preferential sugar imported into the The text of Article 32a of Regulation ( EEC) No Community before the entry into force of this Regula­ 2637/70 is replaced by the following : tion , the persons concerned shall notify the compe­ tent authority of the importing Member State, which ' In respect of preferential sugar to be imported shall inform the Commission accordingly, of the quan­ into the Community in accordance with the provi­ tities imported and their origins. sions of Regulation ( EEC) No 824/75 the import licence shall contain : Article 12 — in section 12 one of the following endorse­ ments : Member States shall take all such supplementary measures as may be necessary for the implementation ' PRAFERENZZUCKER (Verordnung ( EWG ) of this Regulation . Nr. 824/75)' ' PREFERENTIAL SUGAR (Regulation (EEC) No 824/75)' Article 13 SUCRE PREFERENTIEL (Règlement (CEE) n° 824/75)' This Regulation shall enter into force on 1 April 1975 'ZUCCHERO PREFERENZIALE (Regola­ and shall apply until 31 July 1975. mento (CEE) n . 824/ 75)' ' PREFERENTIELE SUIKER (Verordening (') OJ No L 25 , 31 . 1 . 1975, p . 10 . ( EEG ) nr. 824/75)' (-') OJ No L I 14, 27. 5 . 1970 , p . 16 .

28 . 3 . 75 Official Journal of the European Communities No L 79/ 11

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 24 March 1975 .

For the Commission

P. J. LARDINOIS

Member of the Commission

ANNEX I

Barbados Mauritius Belize Republique populaire du Congo Fiji St Kitts-Nevis-Anguilla Guyana Surinam Jamaica Swaziland Kenya Tanzania Madagascar Trinidad and Tobago Malawi Uganda

ANNEX 11

MOVEMENT CERTIFICATE

1 . Exporter (Name, full address, country) EUR . 1 NO

See notes overleaf before completing this form

2. Certificate used in preferential trade between

3 . Consignee (Name, full address, country) (Optional ) and

(insert appropriate countries, groups of countries or territories) 4 . Country , group of 5 . Country, group of countries or territory countries or territory in which the products of destination are considered as originating ( 3 ) 6. Transport details ( Optional) 7. Remarks

(*) If goods 8. Item number ; marks and numbers ; Number and kind of packages (*) ; 9 . Gross 10 . Invoices are not packed , in­ Description of goods weight (kg) (Optional) dicate or other mea­ number of sure (litres, articles or state ' in m3, etc.) bulk' as appropri­ ate .

11 . CUSTOMS ENDORSEMENT 12 . DECLARATION BY THE EXPORTER Declaration certified I , the undersigned, declare that the goods Stamp described above meet the conditions re­ (2) Complete Export document (2) only where quired for the issue of the attached certificate. the regu­ Form No lations of the expor­ Customs office ting coun­ Issuing country or territory Place and date try or ter­ ritory re­ quire.

Date

(Signature) (Signature)

(:i) Complete only in cases of exporting country not being iiulciHical to the country where the products are < > ri *- 1 n ■. Mig . In the contrary ease , this box bas to be struck through .

13 . REQUEST FOR VERIFICATION, to 14 . RESULT OF VERIFICATION,

Verification carried out shows that this certificate (*)

was issued by the Customs Office indicated and that the information contained therein is accurate .

does not meet the requirements as to authenticity and accuracy (see remarks appended ). Verification of the authenticity and accuracy of this certi­ ficate is requested .

( Place and date) ( Place and date) Stamp Stamp

( signature) ( Signature) (x) Insert X in the appropriate box .

NOTES

1 . Certificates must not contain erasures or words written over one another . Any alterations must be made by deleting the incorrect particulars and adding any necessary corrections . Any such alteration must be initialled by the person who completed the certificate and endorsed by the Customs authorities of the issuing country or territory. 2. No spaces must be left between the items entered on the certificate and each item must be preceded by an item number. A horizontal line must be drawn immediately below the last item . Any unused space must be struck through in such a manner as to make any later additions impossible . 3 . Goods must be described in accordance with commercial practice and with sufficient detail to enable them to be identified .

APPLICATION FOR A MOVEMENT CERTIFICATE

1 . Exporter (Name, full address, country) EUR . 1 no

See notes overleaf before completing this form

2. Application for a certificate to be used in preferential trade between 3 . Consignee (Name, full address, country) ( Optional) and

(insert appropriate countries, groups of countries or territories) 4 . Country , group of 5 . Country, group of countries or territory countries or territory in which the product of destination are considered as originating ( 2 )

6. Transport details (Optional) 7 . Remarks

(*) If goods 8. Item number ; marks and numbers ; Number and kind of packages (x) ; 9 . Gross 10 . Invoices are not Description of goods weight (kg) ( Optional) packed, in­ dicate or other mea­ number of sure (litres , articles or state ' in m3 , etc.) bulk ' as appropri­ ate.

■ 2 ; Complete only m cases of exporting country not being identic1 ) ro 12 . DECLARATION BY THE EXPORTER the country v> here the products ;irc originating . In the contrary c .\: this lw \ h is to he struck through . I , the undersigned , declare that the goods described above meet the conditions re­ quired for the issue of the attached certificate.

Place and date

(Signature)

DECLARATION BY THE EXPORTER

I, the undersigned, exporter of the goods described overleaf,

DECLARE that the goods meet the conditions required for the issue of the attached certificate ;

SPECIFY as follows the circumstances which have enabled these goods to meet the above conditions :

SUBMIT the following supporting documents (x) :

UNDERTAKE to submit, at the request of the appropriate authorities , any supporting evidence which these authorities may require for the purpose of issuing the attached certificate, and undertake, if required, to agree to any inspection of my accounts and to any check on the processes of manufacture of the above goods , carried out by the said authorities :

REQUEST the issue of the attached certificate for these goods .

( Place and date)

( Signature)

(') For example : import documents, movement certificates , invoices , manufacturer's declarations, etc., referring to the products used in manufacture or to the goods re-exported in the same state.