COMMISSION REGULATION (EEC) No 704/91 of 27 February 1991 amending Council Regulation (EEC) No 3677/86 laying down provisions for the implementation of Regulation (EEC) No 1999/85 on inward processing relief arrangements
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1999/85 of 16 July 1985 on inward-processing relief arrangements (1) and in particular Article 31 thereof,
Whereas Council Regulation (EEC) No 3677/86 (2), has been amended on numerous occasions and was last amended by Commission Regulation (EEC) No 731/90 (3);
Whereas it is necessary to specify certain rules for application of the economic conditions;
Whereas Regulation (EEC) No 3677/86 laid down standard rates of yield for rice; whereas it is necessary to amend certain of these rates to take into account the processing conditions;
Whereas it is necessary to define the conditions under which the equivalent compensation of rice can be authorized, by using the CN code at eight figures; whereas, however, while awaiting for an appropriate modification of the combined nomenclature on certain types of rice, it is necessary that equivalence be determined only by the length/width ratio for certain types of rice;
Whereas Regulation (EEC) No 3677/86 laid down provisions for calculating the proportion of import goods incorporated in compensating products where this is necessary in order to ascertain the amount of import duties to be charged, repaid or remitted; whereas, since the value scale method cannot reasonably be used for operations involving the inward processing of durum wheat into cereal meal, it is necessary to use the quantitative scale method (import goods) to calculate the import goods incorporated in the compensating products; whereas for these operations it is also necessary to amend the standard rates of yield to take into account the processing conditions;
Whereas, in the absence, on the one hand, of an opinion from the Committee for Customs Procedures with Economic impact, and, on the other hand, of an adoption by the Council within three months of its submission, the Commission has to adopt the proposed provisions pursuant to the procedure laid down in Article 31 (3) (c) of Regulation (EEC) No 1999/85,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 3677/86 is hereby amended as follows:
1. Article 7 is replaced by the following:
'Article 7
1. For the purposes of Article 7 of the basic Regulation, the economic conditions shall be deemed to be fulfilled in respect of a given type of goods to be entered for the arrangements within a given period where the applicant:
(a) during the period in question obtains 80 % of his global requirements for these goods incorporated in the compensating products in the customs territory of the Community, in the form of Community goods being comparable within the meaning of Article 5 (2) to the import goods.
To make use of this provision, the applicant must supply the customs authority with supporting documents which enable the authority to satisfy itself that the intended purchase of Community goods may be reasonably carried out. Such supporting documents, to be annexed to the application, may take the form, for example, of copies of commercial or administrative documents which refer to purchase made in an earlier reference period, or orders or untended purchase for the period under consideration.
Without prejudice to Article 11 (2) of the basic Regulation, the customs authority shall, where necessary, check that the said percentage is correct at the end of the period in question;
(b) is trying to guard against real supply problems, proven to the satisfaction of the customs authority, for that type of goods, and the proportion of Community-produced supplies is lower than the percentage indicated at (a);
(c) satisfies the customs authority that he has taken the necessary steps to obtain goods for processing on the Community market but has met with no response from Community producers.
2. Paragraph 1 (a) shall not apply to goods falling within Annex II to the Treaty.'
2. Article 58 is replaced by the following:
'Article 58
1. The quantitative scale method (import goods) shall be applied in accordance with this Article where all elements of the import goods are found in each compensating product.
In deciding whether this method shall apply, losses shall not be taken into account.
The quantity of import goods used in the manufacture of each compensating product shall be determined by successively applying to the total quantity of import goods a coefficient corresponding to the ratio of the quantity of the said goods found in each type of compensating product to the total quantity of the goods found in the compensating products as a whole.
The quantity of import goods corresponding to the quantity of compensating products in respect of which a customs debt has arisen shall be determined by applying the coefficient arrived at by the method indicated in Article 57 to the quantity of import goods used in the manufacture of the said product calculated in accordance with paragraph 2.
2. By derogation from paragraph 1, the quantitative scale method (import goods) shall also apply to operations involving the processing of durum wheat into "couscous" cereal meal, groats and other meal.'
3. Annex IV is replaced by Annex I hereto.
4. Annex V is hereby amended in accordance with Annex II hereto.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
Nevertheless, points 2, 3 and 4 of Article 1 shall only apply to authorizations granted from the date of the entry into force of this Regulation. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 February 1991.