1976R2782 — EN — 18.12.1998 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EEC)No2782/76
of17November1976
layingdowndetailedimplementing rulesfortheimportationofpreferential sugar
(OJ L 318, 18.11.1976, p. 13)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 3475/80 of 30 December 1980 L 363 69 31.12.1980
►M2Commission Regulation (EEC) No 3819/85 of 30 December 1985 L 368 25 31.12.1985
►M3Commission Regulation (EEC) No 1714/88 of 13 June 1988 L 152 23 18.6.1988
►M4Commission Regulation (EC) No 2665/98 of 10 December 1998 L 336 20 11.12.1998
Corrected by:
►C1Corrigendum, OJ L 331, 30.11.1976, p. 39 (2782/76)
▼B
COMMISSIONREGULATION(EEC)No2782/76
of17November1976
laying down detailed implementing rules for the importation of
preferential sugar
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 3330/74 of 19
December 1974 on the common organization of the market in sugar(
1),
as last amended by Regulation (EEC) No 1487/76(2), and in particular
Articles 12 (2), 34 and 47 (2) thereof,
Whereas Article 7 of Protocol 3 on ACP sugar annexed to the ACP-
EEC Convention of Lomé(3), hereinafter referred to as the ‘Protocol’,
and Article 7 of the Agreement on cane sugar between the European
Economic Community and the Republic of India(4), hereinafter
referred to as the ‘Agreement’, lay down provisions to be appliedwhen, in respect of preferential sugar, the delivery undertaking of aState concerned, hereinafter referred to as the ‘exporting State’, is notfulfilled in any delivery period; whereas Article 6 of Annex IV to
Council Decision 76/568/EEC of 29 June 1976, hereinafter referred to
as the ‘Annex to the Decision’, concerning the importation of canesugar originating in the overseas countries and territories (OCT)(
5),
hereinafter referred to as the ‘exporting countries and territories’, laysdown similar provisions in respect of preferential sugar deliveries fromthe OCT; whereas for the purpose of applying the aforesaid provisions
it is necessary to prescribe the methods for establishing the date of
delivery of a consignment of preferential sugar;
Whereas unforeseen delays outside the control of the exporting States,
countries and territories can occur between the shipment of a consign-ment of preferential sugar and its delivery; whereas, therefore, it isdesirable to allow a certain tolerance to take account of suchdelays;whereas, in addition, it is appropriate, following normal commercialpractice, to provide a certain tolerance withrespect to total quantities
delivered in any delivery period;
Whereas in respect of sugar imported into the Community under the
provisions of the Agreement the rules of origin are those laid down in
Council Regulation (EEC) No 802/68 of 27 June 1968 on the commondefinition of the concept of the origin of goods(
6), as amended by
Regulation (EEC) No 1318/71(7); whereas, therefore, in order to permit
statistical and other checks to be kept on such imports, certain addi-
tional vouchers are required;
Whereas Article 1 of respectively the Protocol, the Agreement and the
Annex to the Decision obliges the Community to import the preferen-
tial sugar which the exporting States, countries and territories deliver to
it; whereas, therefore, it is appropriate to reduce to a minimum theperiod between the date of delivery and the date of importation of thissugar;
Whereas it is necessary to derogate from certain provisions of Commis-
sion Regulation (EEC) No 2048/75 of 25 July 1975 on special detailedrules for the application of the system of import and export licences forsugar(
8), as last amended by Regulation (EEC) No 719/76(9);1976R2782 — EN — 18.12.1998 — 001.001 — 2
(1) OJ No L 359, 31. 12. 1974, p. 1.
(2) OJ No L 167, 26. 6. 1976, p. 9.
(3) OJ No L 25, 30. 1. 1976, p. 1.
(4) OJ No L 190, 23. 7. 1975, p. 35.
(5) OJ No L 176, 1. 7. 1976, p. 8.
(6) OJ No L 148, 28. 6. 1968, p. 1.
(7) OJ No L 139, 25. 6. 1971, p. 6.
(8) OJ No L 213, 11. 8. 1975, p. 31.
(9) OJ No L 84, 31. 3. 1976, p. 27.
▼B
Whereas the measures provided for in this Regulation are in accor-
dance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
1. For the purposes of this Article ‘consignment’ means a quantity
of preferential sugar, raw or white, which is on a specific vessel andwhich is actually unloaded in a single specified European port of theCommunity.
2. The date on which a consignment is recorded as having been
delivered shall be:
either— the date on which the consignment is conveyed, within the meaning
of Article 2 (2) of Council Directive 68/312/EEC of 30 July1968(
1), to a customs office in the European territory of the
Community,
or— the date on which the summary declaration referred to in Article 3
(1) of the said Directive is stamped by the customs authorities.
However, if the consignment concerned was ready to be discharged in
the port in question before the date recorded in accordance with theprovisions of the preceding subparagraph, then the date indicated inthe document referred to in the second subparagraph of paragraph 3shall be recorded as the date of delivery.
3. Proof of the date referred to in the first subparagraph of para-
graph 2 shall be established by production of the copy referred to in
Article 6 (2) or Article 7 (3), as appropriate, relating to the consign-
ment in question.
The document referred to in the second subparagraph of paragraph 2
shall be produced by the importer and shall consist of a writtendeclaration by the master of the vessel concerned, certified by thecompetent port authority, indicating that the consignment concerned isready to be discharged in the port in question. This declaration shallindicate the date on which the consignment was ready to be discharged.
Article 2
For the purposes of this Regulation ‘relevant agreed quantity’ means
the agreed quantity, subject to any adjustments pursuant to Article 7(3) or (4) of the Protocol or of Article 7 (2) of the Agreement or toArticle 6 (3) or (4) of the Annex to the Decision, applicable to a given
delivery period.
Article 3
1. Where a quantity of preferential sugar representing the whole or
part of a relevant agreed quantity is delivered after the end of thedelivery period concerned the Commission shall attribute it to that
period provided that the loading of the quantity in question in the port
of exportation was completed in time, having regard to the normalshipping time between that port and the port of importation.
However, the preceding subparagraph shall not apply to any quantity
not delivered during the delivery period concerned which has been thesubject of a Decision by the Commission under Article 7 (1) or (2) ofthe Protocol or of the Agreement or under Article 6 (1) or (2) of theAnnex to the Decision.1976R2782 — EN — 18.12.1998 — 001.001 — 3
(1) OJ No L 194, 6. 8. 1968, p. 13.
▼B
2. For the purposes of paragraph 1 ‘normal shipping time’ means the
number of days obtained by dividing by 480 the distance in nauticalmiles between the two ports concerned by the normal shipping route.
Article 4
1. Subject as provided in paragraph2, wh ere in respect of any
exporting State, country or territory the total quantity of preferentialsugar attributed by the Commission to a given delivery period is lessthan the relevant agreed quantity, the relevant provisions of Article 7
of the Protocol or of the Agreement or of Article 6 of the Annex to
the Decision shall apply.
2. Paragraph 1 shall not apply where the difference between the
relevant agreed quantity and the total quantity of preferential sugar
attributed by the Commission does not exceed 5 % of the relevantagreed►
C1quantity or 5 000 metric tons ◄white value, whichever
is the smaller. In that case the said difference shall be deducted by theCommission from the total quantity of preferential sugar attributed to
the following delivery period.
Article 5
Where in respect of any exporting State, country or territory the total
quantity of preferential sugar covered by certificates as referred to inArticle 6 (1), or, as the case may be, by vouchers as referred to inArticle 7 (2), to be attributed to a given delivery period exceeds the
relevant agreed quantity taken together with any shortfall share allo-
cated under Article 7 (2) of the Protocol or under Article 6 (2) of theAnnex to the Decision, the Commission shall attribute the excess quan-tity to the following delivery period.
Article 6
1. The movement certificate EUR.1, a specimen of which is given in
Annex V to Protocol 1 to the Convention and in Annex 5 to Annex II
to Council Decision 76/568/EEC of 29 June 1976, shall contain:
— in section 7, one of the following endorsements:
‘Regulation (EEC) No 2782/76 refers’,
‘Application du règlement (CEE) n
o2782/76’,
‘Anwendung von Verordnung (EWG) Nr. 2782/76’,‘Applicazione del regolamento (CEE) n. 2782/76’,‘Toepassing van Verordening (EEG) nr. 2782/76’,
‘Anvendelse af forordning (EØF) nr. 2782/76’,
‘Εφαρµογή κανονισµού (ΕΟΚ) αριθ. 2782/76’,
‘Aplicación del Reglamento (CEE) no (SIC! n
o) 2782/76’,
‘Aplicaçao (SIC! Aplicação) do Regulamento (CEE) no (SIC! no)
2782/76’.
The certificate shall also indicate in section 7 the date of shipment
of the goods and the relevant delivery period as defined for thepurposes of the undertakings given is (SIC! in) respect of preferen-
tial sugar. The stated delivery period shall not, however, affect the
validity of the certificate at the time of importation;
— in section 8, the subheading in the Common Customs Tariff for the
goods in question.1976R2782 — EN — 18.12.1998 — 001.001 — 4
▼M1
▼M2
▼B
▼B
2. Copies, supplied by the persons concerned, of the EUR.1 certifi-
cates and, where appropriate, of the declarations referred to in thesecond subparagraphof Article 1 (3), sh all be forwarded by Member
States to the Commission in accordance with the relevant provisions
of Regulation (EEC) No 955/70(
1), as last amended by Regulation
(EEC) No 2783/76(2).
The competent authorities of the Member States shall insert in section
8 of the copies of EUR.1 certificates:
— the date, as ascertained from the relevant shipping document, on
which the loading of the sugar was completed in the port of expor-tation;
— one of the dates referred to in the first subparagraph of Article 1
(2);
— particulars of the importation concerned and the tel quel quantities
actually imported.
Article 7
1. For the purposes of this Regulation preferential sugar originating
in India is sugar for which evidence of such origin has been given bythe production of a certificate of origin fulfilling the conditions laiddown in Article 9 of Regulation (EEC) No 802/68.
2. The importer of preferential sugar originating in India shall, in
addition, submit to the customs authorities of the Community avoucher duly endorsed by the competent authority of India.
This voucher shall:— bear one of the following endorsements:
‘Regulation (EEC) No 2782/76 refers’,
‘Application du règlement (CEE) n
o2782/76’,
‘Anwendung von Verordnung (EWG) Nr. 2782/76’,
‘Applicazione del regolamento (CEE) n. 2782/76’,
‘Toepassing van Verordening (EEG) nr. 2782/76’,‘Anvendelse af forordning (EØF) nr. 2782/76’,
‘Εφαρµογή κανονισµού (ΕΟΚ) αριθ. 2782/76’,
‘Aplicación del Reglamento (CEE) no (SIC! n
o) 2782/76’,
‘Aplicaçao (SIC! Aplicação) do Regulamento (CEE) no (SIC! no)
2782/76’;
— indicate the date of shipment of the goods and the relevant delivery
period as defined for the purposes of the undertakings given inrespect of preferential sugar. The stated delivery period shall not,
however, affect the validity, at the time of importation, of the certi-
ficate of origin referred to in paragraph1;
— indicate the subheading in the Common Customs Tariff of the
goods in question.
3. Copies, supplied by the persons concerned, of the vouchers
referred to in paragraph 2, and where appropriate of the declarations
referred to in the second subparagraph of Article 1 (3), shall be
forwarded by Member States to the Commission in accordance withthe relevant provisions of Regulation (EEC) No 955/70.
The competent authorities of the Member States shall insert on copies
of vouchers:1976R2782 — EN — 18.12.1998 — 001.001 — 5
(1) OJ No L 114, 27. 5. 1970, p. 16.
(2) OJ No L 318, 18. 11. 1976, p. 17.▼M1
▼M2
▼B
▼B
— the date, as ascertained from the relevant shipping document, on
which the loading of the sugar was completed in the port of expor-tation;
— one of the dates referred to in the first subparagraph of Article 1
(2);
— particulars of the importation concerned and the tel quel quantities
actually imported.
Article 8
►
M41.◄By way of derogation from Article 10 (1) of Regula-
tion (EEC) No 2048/75, an import licence issued in respect ofpreferential sugar shall be valid for three months from its day of issuewithin the meaning of Article 9 (1) of Regulation (EEC) No 193/75(
1),
as last amended by Regulation (EEC) No 2219/76(2).
2. Notwithstanding Article 45 of Commission Regulation (EEC)
No 3719/88(3), quantities imported benefiting from the positive toler-
ance provided for in Article 8(4) of that Regulation shall qualify for
the preferential arrangements provided they are covered by the certifi-
cate or declaration referred to in Articles 6 and 7 of the sameRegulation.
Article 9
In respect of eachconsignment of preferential sugar unloaded in a
European port of the Community the importer shall lodge the declara-tion of release for free circulation not later than the time at whichunloading of the consignment concerned is completed.
Article 10
Where a differential charge has been made on raw preferential sugar
which is subsequently refined in a refinery, an amount equal to that ofthe charge shall be paid to the refiner concerned by the Member Statein which the raw sugar is refined, in the currency of that Member State,on production of proof:
(a) that the sugar in question has been refined in a refinery, and
(b) that the differential charge was made at the time of the importation
of the sugar.
Article II (SIC! 11)
Prefential raw sugar which falls within CN codes 170111 90 and
1701 12 90 and in respect of which the differential charge is not applic-
able shall be subject to customs or an equivalent administrative control
until it is established that it cannot be used for refining.
Article 12
1. The security referred to in the second indent of Article 46 (2) (a)
of Regulation (EEC) No 3330/74 may, at the option of the personconcerned, be lodged in the form either of a cash deposit or of a guar-antee provided by an institution approved by the Member State inwhich the customs formalities of importation are completed.
2. Except in case of force majeure the security shall be forfeit and
treated as a differential charge as regards any quantity of preferentialraw sugar in respect of which the person concerned has not within 121976R2782 — EN — 18.12.1998 — 001.001 — 6
(1) OJ No L 25, 31. 1. 1975, p. 10.
(2) OJ No L 250, 14. 9. 1976, p. 5.
(3) OJ L 331, 2.12.1988, p. 1.▼M4
▼B
▼M3
▼B
▼B
months from the date of importation furnished proof that the sugar in
question has been refined in a refinery.
3. Where the security is to be released this shall be done forthwith.
Article 13
Regulation (EEC) No 2850/75 is hereby repealed.
Article 14
In Article 11 of Regulation (EEC) No 2048/75 all references to Regu-
lation (EEC) No 2850/75 shall be treated as references to thisRegulation.
Article 15
Movement certificates and vouchers produced to the competent autho-
rities up to 31 January 1977 which conform to the provisions of
Regulation (EEC) No 2850/75 shall remain valid.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1976R2782 — EN — 18.12.1998 — 001.001 — 7