31976R0719

31 . 3 . 76 Official Journal of the European Communities No L 84/27

COMMISSION REGULATION (EEC) No 719/76 of 30 March 1976 amending for the second time Regulation (EEC) No 2048/75 on special detailed rules for the application of the system of import and export licences for sugar

THE COMMISSION OF THE EUROPEAN tation under inward processing arrangements (8), the COMMUNITIES, importation of import goods, in this case raw sugar, must take place within a maximum time limit of three months, subject to particular provisions adopted Having regard to the Treaty establishing the European within the framework of the common agricultural Economic Community, policy ; whereas a different time limit must be fixed for the importation of raw sugar in the light of market Having regard to Council Regulation (EEC) No requirements ; whereas this time limit must be the 3330/74 of 19 December 1974 on the common organi­ same as that fixed for the period of validity of import licences ; whereas an identical solution must be zation of the market in sugar ('), as last amended by Regulation (EEC) No 3058/75 (2), and in particular adopted for raw sugar imported pursuant to Article 9 Articles 1 2 (2) and 1 7 (5) thereof, of Regulation (EEC) No 645/75 ;

Whereas operations consisting of exporting white Whereas, at the present moment for administrative sugar to be offset by the subsequent importing of raw reasons, the exports of white sugar and subsequent sugar may be carried out either under Article 25 of imports of raw sugar under Article 25 of the said Council Directive 69/73/ EEC of 4 March 1969 on the Council Directive have to take place in the same harmonization of provisions laid down by law, regula­ Member State ; whereas the field of application of tion or administrative action in respect of inward licences used for these exports and imports should therefore be limited ; processing (3), as last amended by the Act of Acces­ sion (4), or under Article 9 of Commission Regulation (EEC) No 645/75 of 13 March 1975 laying down Whereas exports in advance of imports involve consid­ common detailed rules for the application of export erable risks to Community sugar supplies, particularly levies and charges on agricultural products (5), during a period of shortage on the world market ; whereas special provisions should therefore be laid Whereas, pursuant to Commission Regulation (EEC) down concerning the security required for the import No 193/75 of 17 January 1975, laying down common certificate ; detailed rules for the application of the system of import and export licences and advance fixing certifi­ Whereas other special provisions should be laid down cates for agricultural products (6), as last amended by with respect to the export licence for white sugar and Regulation (EEC) No 499/76 (7), operations of the the import licence for raw sugar to ensure that the above type do not require licences ; purpose of such licences is in fact achieved ;

Whereas such operations may have a decisive effect on the quantities of sugar available on the Commu­ Whereas the Management Committee for Sugar has not delivered an opinion within the time limit set by nity market ; whereas the competent authorities its chairman, should be enabled constantly to supervise the flow of this trade in order to follow its development and, if necessary, to take any measures that may be required ; whereas to this end licences should be required for such operations ; HAS ADOPTED THIS REGULATION : Whereas under Article 9 (2) of Commission Directive 75/349/ EEC of 26 May 1975 on detailed rules concerning equivalent compensation and prior expor­ Article 1 (!) OJ No L 359, 31 . 12. 1974, p. 1 . I2) OJ No L 306, 26. 11 . 1975, p. 3. (>) OJ No L 58 , 8 . 3 . 1969, p. 1 . There shall be added to Regulation (EEC) No 2048/75 (4) OJ No L 73, 27. 3 . 1972, p. 14. a new Article numbered 1 4a : (5) OJ No L 67, 14. 3 . 1975, p. 16. (6) OJ No L 25, 31 . 1 . 1975, p. 10. (7) OJ No L 59, 6. 3 . 1976, p. 18 . (8) OJ No L 156, 18 . 6. 1975, p. 25.

No L 84/28 Official Journal of the European Communities 31 . 3 . 76

'Article 14a sugar shall be calculated by deducting 100 from twice the degree of polarization of the sugar. 1 . By way of derogation from Article 4(1 ) of Where the imported raw sugar does not corres­ Regulation (EEC) No 193/75, where, following pond to the standard quality, the quantity of r~w authorization, either under Article 25 of Council sugar to be imported under the licence shall be Directive 69/73/EEC of 4 March 1969 or under calculated by multiplying the quantity of raw Article 9 of Regulation (EEC) No 645/75, the prior sugar of the standard quality by a correction factor. exportation of white sugar falling within heading The correction factor shall be obtained by dividing No 17.01 of the Common Customs Tariff is 92 by the percentage of the yield of the raw sugar followed by the importation of raw sugar falling in fact imported. within heading No 17.01 of the Common Customs Tariff, licences shall be required to 3 . By way of derogation from Article 10 ( 1 ) and export the white sugar and to import the raw (3), the export licence for white sugar and the sugar. import licence for raw sugar shall be valid : 2. Section 12 of the application for an export — until 30 June of a sugar marketing year where licence and of the export licence for white sugar, the application has been lodged, within the and of the application for an import licence and of meaning of Article 6(1 ) of Regulation (EEC) the import licence for raw sugar, shall contain one No 193 /75, after 1 October of the same of the following endorsements : marketing year ; "— EX/IM, Article 25, Directive — inward — until 30 September of a sugar marketing year processing, where the application has been lodged, within — licence valid in ... (issuing Member the meaning of Article 6(1 ) of Regulation State)" ; (EEC) No 193/75, after 1 July of the same marketing year. — EX/IM, Artikel 25, Directiv — aktiv forædling, 4. By way of derogation from Article 13(1 ) (a), — licens gyldig i . . . (udstedende medlem­ and subject to the following subparagraphs, the stat)" ; security required for the import certificate referred — EX/IM, Artikel 25, Richtlinie — aktiver Vere­ to in paragraph 1 shall be eight units of account delungsverkehr, per 100 kilogrammes net. — Lizenz gültig in ... (erteilender Mit­ gliedstaat)" ; Nevertheless, the amount of the said security shall be adjusted, as shown in the Annex, by reference — EX/IM, Article 25, Directive — perfectionne­ to the export levy on raw sugar applicable on the ment actif, day on which the application for the import — certificat valable en . . . (État membre de licence was lodged and on each subsequent délivrance)" ; Monday during the period of validity of the licence . — EX/IM, Articolo 25, Direttiva — perfeziona­ mento attivo, Where the application of the preceding subpara­ — titolo valido in ... (Stato membro di graph results in an increase in the security, the rilascio)" ; applicant for the import licence shall be required — EX/IM, Artikel 25, Richtlijn — actieve vered­ to pay the increase on the day on which the eling, request is lodged and/or within three working days — certificaat geldig in ... (Lid-staat van after the relevant Monday. On request by the afgifte)". holder of the import licence the competent authority shall release without delay that part of Section 12 of the export licence shall also contain the security which results from any downward the number of the corresponding import licence, adjustment thereof. and Section 12 of the import licence the number of the corresponding export licence. 5 . Article 2(4) of Regulation (EEC) No 193/75 shall not apply to the export licence referred to in The application for an export licence for white paragraph 1 . sugar shall not be accepted unless the authoriza­ tion referred to in paragraph 1 is furnished and at 6. By way of derogation from Articles 2 (5) and the same time an application for an import licence 18(2) of Regulation (EEC) No 193/75 : for raw sugar is lodged. (a) the whole of the security in respect of the The application for an import licence shall relate import licence shall be released only where the to a quantity of raw sugar of the standard quality quantities of raw sugar actually imported are which, taking into account the yield, corresponds equal to or exceed the quantities of white sugar to the quantity of white sugar shown on the appli­ actually exported, taking into account the yield cation for an export licence. The yield of the raw of the raw sugar ;

31 , 3 . 76 Official Journal of the European Communities No L 84/29

(b) where the quantities of raw sugar actually tion of raw sugar corresponding to a previous imported are less than the quantities of white exportation of white sugar must be carried out sugar actually exported, the security shall be shall be the same as the period of validity of the forfeit in an amount equal to the difference import licence for raw sugar. between the quantities of white sugar actually 8 . By way of derogation from Article 3 of Regu­ exported and the quantities of raw sugar actu­ ally imported, taking into account the yield of lation (EEC) No 193/75, the rights deriving from the raw sugar ; export and import licences referred to in para­ graph 1 shall not be transferable. (c) any part of the security resulting from the application of second subparagraph 4, which 9. Where Article 5 (3) of Regulation (EEC) No may be forfeit under subparagraph (b), shall be 193/75 applies, the cancellation shall simultane­ reduced by any amount which may be forfeit ously affect both the import certificate and the under Article 9 (3) of Regulation (EEC) No export licence.' 645/75 and Article 10 of Commission Direc­ tive 75/349/ EEC of 26 May 1975. This reduc­ Article 2 tion shall be made only at the request of the person concerned and after presentation of 1 . This Regulation shall enter into force on 1 April documents justifying the request ; 1976 . (d) where, when paragraph 4 applies, the holder of an import licence fails to increase the security Nevertheless, the production of a licence will not be within the prescribed period, the said security, required in respect of imports of raw sugar made on adjusted as necessary, shall immediately be or after the date of entry into force of this Regulation, totally forfeit, except in case of force majeure. provided that such imports correspond to exports of Nevertheless, the amount forfeit shall be white sugar made before that date. reduced at the date of expiry of the import 2. At the request of those concerned, the maximum licence under subparagraph (c). time limit of three months referred to in Article 9 (2) 7. By way of derogation from Article 9 (2) of of Commission Directive 75/349/EEC of 26 May 1975 Commission Directive 75/349/EEC of 26 May and in Article 9 (4) of Regulation (EEC) No 645/75 1975 and Article 9(4) of Regulation (EEC) No may be extended until 30 June 1976 in respect of 645/75, the time limit within which the importa­ authorizations already granted.

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

Done at Brussels, 30 March 1976 . For the Commission P.J. LARDINOIS Member of the Commission

No L 84/30 Official Journal of the European Communities 31 . 3 . 76

ANNEX

Calculation of the adjustment in the deposit referred to in Article 14a

Export levy on raw sugar (CCT subheading Amount of the upward or downward 17.01 B II) leading to an adjustment of the deposit adjustment of the deposit

(units of account per 100 kilogrammes net)

1 2

0 to 300 301 to 600 300 6-01 to 900 600 901 to 1200 900

and so on by increases of three units of account each time