lagen.nu
31975R2850

31975R2850

CELEX
31975R2850
Datum
1975-10-31
Källa
eur-lex.europa.eu
Rättsakten gäller inte längreEUR-Lex anger att rättsakten upphörde att gälla 1976-12-06.

No L 283 / 50 Official Journal of the European Communities 1 . 11 . 75

REGULATION ( EEC) No 2850/ 75 OF THE COMMISSION

of 31 October 1975

laying down detailed implementing rules in respect of the importation of prefer­ ential sugar and amending Regulations (EEC) No 955/70 and (EEC) No 2048/75

THE COMMISSION OF THE EUROPEAN tion and of the Regulation relating to the association COMMUNITIES, of the overseas countries and territories with the Euro­ pean Economic Community ;

Having regard to the Treaty establishing the European Economic Community ; Whereas, until the Community rules of origin have been adapted for India, those laid down in Council Regulation (EEC) No 802/68 (7) of 27 June 1968 on Having regard to Council Regulation (EEC) No the common definition of the concept of the origin of 3330/74 (') of 19 December 1974 on the common goods, as amended by Regulation (EEC) No organization of the market in sugar, as amended by 1318/71 (8), shall apply to cane sugar imported into Regulation (EEC) No 2623/75 (2), and in particular the Community under the Agreement on cane sugar Articles 1 2 (2), 34, 47 (2) and 48 thereof ; concluded with India ; whereas, until such time, in order to permit statistical and other checks to be kept Whereas Commission Regulation (EEC) No 824/75 (3) on such imports, supplementary certificates are of 24 March 1975 laying down transitional measures required ; applicable to sugar imported by the Community under preferential arrangements, as last amended by Whereas it is necessary to lay down certain special Regulation (EEC) No 1920/75 (4) expires on 31 rules and for this purpose to amend and to derogate October 1975 ; from certain provisions of Commission Regulation (EEC) No 2048/75 (9) of 25 July 1975 on special Whereas Title V of Regulation (EEC) No 3330/74 detailed rules for the application of the system of relating to the system of preferential imports of sugar import and export licences for sugar ; enters into force on 1 November 1975 ; whereas detailed implementing rules should be established Whereas, moreover, provision should be made for the with effect from that date ; communication to the Commission of the quantities of preferential sugar in respect of which import certifi­ Whereas Council Regulation (EEC) No 1598 /75 (5) of cates have been issued to amend Commission Regula­ 24 June 1975 on the ' advance implementation of tion (EEC) No 955/70 (10) of 26 May 1970 on commu­ certain provisions of the ACP-EEC Lome convention nications from Member States concerning interven­ relating to trade in goods, defined in its Annex II the tion and trade In the sugar sector, as amended by concept of 'originating products' and the methods of Regulation (EEC) No 824/75 ; administrative cooperation applicable to the products originating in the ACP States ; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ Whereas Council Regulation (EEC) No 1957/75 (6) of ment Committee for Sugar, 30 July J975 on the interim trade arrangements with overseas countries and territories associated with the European Economic Community, defined that concept and those methods as they concern the HAS ADOPTED THIS REGULATION : products originating in the overseas countries and territories associated with the European Economic Community ; Article 1

Whereas it must be made clear that the advantages Where a differential charge has been made on raw stemming from this Regulation are reserved for 'origi­ preferential sugar which is subsequently refined in a nating products' within the meaning of Regulations refinery, an amount equal to that of the charge shall (EEC) No 1598/75 and (EEC) No 1957/75 and later be paid to the refiner concerned by the Member State within the meaning of the ACP-EEC Lome conven­ in which the raw sugar is refined, in the currency of that Member State, on production of proof : (') OJ IVjo L 359 , 31 . 12. 1974, p. 1 . (2) OJ No L 268 , 17. 10 . 1975, p. 1 . H OJ No L 79 , 28 . 3 . 1975, p. 8 . (7) OJ No L 148 , 28 . 6. 1968 , p. 1 . («) OJ No L 195, 26. 7. 1975, p. 23 . (8) OJ No L 139 , 25 . 6. 1971 , p. 6. (5) OJ No L 166, 28 . 6 . 1975, p. 1 . (») OJ No L 213, 11 . 8 . 1975, p. 31 . (6) OJ No L 201 , 31 . 7. 1975, p. 5. ( 10) OJ No L 114, 27 . 5. 1970, p. 16.

1 . 11 . 75 Official Journal of the European Communities No L 283/51

(a) that the sugar in question has been refined in a movement certificate EUR.l , a specimen of which is refinery, and given in Annex 5 to Annex II to each of the said Regulations. This certificate shall indicate : (b) that the differential charge was made at the time of the importation of the sugar. — in section 7, one of the following endorsements :

'Regulation (EEC) No 2850/75 refers', Article 2 'Application du reglement (CEE) n° 2850/75 ,

'Anwendung von Verordnung (EWG) Nr. Preferential raw sugar which is not intended for 2850/75', refining and which falls within subheading 17.01 B II b) of the Common Customs Tariff and in respect of 'Applicazione del regolamento (CEE) n. 2850/75 , which an exemption from the differential charge is 'Toepassing van Verordening (EEG) nr. 2850/75', claimed shall be subject to customs control or to an 'Anvendelse af forordning (E0F) nr. 2850/75', administrative inspection offering equivalent safe­ guards. The certificate shall also indicate in section 7 the

date of shipment of the goods and the relevant Article 3 delivery period as defined for the purposes the undertakings given in respect of preferential sugar. 1 . The security referred to in the second indent of The stated delivery period shall not, however, Article 46 (2) (a) of Regulation (EEC) No 3330/74 may, affect the applicability of the certificate at the time at the option of the person concerned, be lodged in of importation ; the form either of a cash deposit or of a guarantee — in section 8 , the subheading of the Common provided by an institution approved by the Member Customs Tariff for the goods in question. State in which the customs formalities of importation are completed. 5 . Member States shall forward to the Commission by the twenty-first day of each month copies of the 2. Except in case of force majeure the security shall EUR.l certificates supplied by the persons concerned, be forfeit and treated as differential charge on any relating to the imports made during the preceding quantity of preferential raw sugar in respect of which calendar month . the person concerned has not within six months from the date of importation furnished proof that the sugar Each copy shall contain in section 8 endorsements in in question was refined in a refinery. respect of the importation concerned and particulars of the quantities actually imported. 3 . Release of the security shall be effected without delay. Article 5

Article 4 1 . For the purposes of this Regulation preferential sugar originating in India is sugar for which evidence 1 . The rules of origin applicable to preferential of such origin has been given by production of a certif­ sugar imported from the States other than India, icate of origin fulfilling the conditions laid down in referred to in Annex III to Regulation (EEC) No Article 9 of Regulation (EEC) No 802/68 . 3330/74 shall be those set out in Annex II to Regula­ tion (EEC) No 1598 /75 . 2. The importer of preferential sugar originating in India shall in addition submit to the customs authori­ 2. The rules of origin applicable to preferential ties of the Community a certificate duly endorsed by sugar imported from the overseas countries and territo­ the competent authority of India. ries referred to in Annex III to Regulation (EEC) No 3330/74 shall be those set out in Annex II to Regula­ This certificate shall : tion (EEC) No 1957/75. — bear one of the following endorsements : 3 . The provisions of paragraphs 1 and 2 shall apply 'Regulation (EEC) No 2850/75 refers', until the entry into force respectively of the ACP-EEC Lome convention, and of the Regulation relating to 'Application du règlement (CEE) n0 2850/75 , the association of the overseas countries and territories Anwendung von Verordnung ( EWG) Nr. with the European Economic Community. 2850/75',

'Applicazione del regolamento (CEE) n. 2850/75 , After the entry into force of the said convention and of the said Regulation the rules of origin therein set 'Toepassing van Verordening (EEG) nr. 2850/75', out shall apply to preferential sugar. 'Anvendelse af forordning (E0F) nr. 2850/75' ;

4. Evidence of the originating status of preferential — indicate the date of shipment of the goods and the sugar within the meaning of Regulations (EEC) No relevant delivery period as defined for the 1598/75 and (EEC) No 1957/75 shall be given by a purposes of the undertakings given in respect of

No L 283/ 52 Official Journal of the European Communities 1 . 11 . 75

preferential sugar. The stated delivery period shall with effect from 1 November 1975, separate parti­ not, however, affect the applicability, at the time of culars for each State, country or territory of origin importation, of the certificate of origin referred to shall be given not later than the end of each in paragraph 1 ; month for the preceding calendar month, in respect of the quantities of preferential sugar for — indicate the subheading of the Common Customs which import licences have been issued with a Tariff of the goods in question . view to importation under Regulation (EEC) 3 . Member States shall forward to the Commission No 2850/75'. by the twenty-first day of each month copies of the certificate referred to in paragraph 2 supplied by the persons concerned, relating to the imports made Article 8 during the preceding calendar month.

Movement certificates and attestations presented to Each such copy shall contain the particulars endorsed the competent authorities during the period 1 thereon in respect of the importation concerned, and November to 31 December 1975 which make refer­ particulars of the quantities actually imported. ence to Regulation (EEC) No 824/75 but which other­ wise comply with the relevant provisions of the Article 6 present Regulation shall not for that reason alone be 1 . By way of derogation from Article 10 ( 1 ) of Regu­ regarded as null and void. lation (EEC) No 2048/75, an import licence issued in respect of preferential sugar shall be valid for three months from its date of issue within the meaning of Article 9 Article 9(1 ) of Regulation (EEC) No 193/75 ('). In Article 1 1 of Regulation (EEC) No 2048/75 all 2. By way of derogation from Article 13 of Regula­ references to Regulation (EEC) No 824/75 shall be tion (EEC) No 2048 /75, the amount of the security in replaced by references to Regulation (EEC) No respect of import licences for preferential sugar shall 2850/75 . be 0-5 unit of account per 100 kilogrammes net.

Article 7 Article 10 There shall be added to paragraph 1 of Article 5 of Regulation (EEC) No 955/70 the following subpara­ This Regulation shall enter into force on 1 November 1975 . graph :

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

Done at Brussels, 31 October 1975 .

For the Commission

P.J. LARDINOIS

Member of the Commission

(!) OJ No L 25, 31 . 1 . 1975, p. 10 .