Commission Regulation (EC) No 192/2002 of 31 January 2002 laying down detailed rules for issuing import licences for sugar and sugar and cocoa mixtures with ACP/OCT or EC/OCT cumulation of origin
Date: 2002-01-31
Institutions: European Commission
Subjects: cocoa, import licence, originating product, overseas countries and territories, sugar

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 192/2002

of 31 January 2002

laying down detailed rules for issuing import licences for sugar and sugar and cocoa mixtures with
ACP/OCT or EC/OCT cumulation of origin

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Decision 2001/822/EC of 27
November 2001 on the association of the overseas countries
and territories with the European Community (1), and in partic-
ular Article 6(4) of Annex III thereto,

(7)

Whereas:

(1)

(2)

(3)

Pursuant
to Decision 2001/822/EC, ACP/OCT or
EC/OCT cumulation of origin is allowed for the quant-
ities laid down in that Decision for the products falling
within CN Chapter 17 and CN codes 1806 10 30 and
1806 10 90.

A system of licences should be introduced for the prod-
ucts in question and the rules for issuing them laid
down so as to permit the requisite controls on imports
of the quantities provided for in the abovementioned
Decision.

Save where this Regulation provides otherwise, Commis-
sion Regulation (EC) No 1291/2000 of 9 June 2000
laying down common detailed rules for the application
of
licences and
advance-fixing certificates for agricultural products (2), as
last amended by Regulation (EC) No 2299/2001 (3),
should apply.

import and export

the system of

(4) With a

view to ensuring orderly management,
preventing speculation and providing for
effective
controls, detailed rules should be laid down for submit-
ting licence applications and the documents that the
interested parties must produce.

(5)

(6)

The specific features of the licence application form for
importing the products in question should be laid down.
In order to ensure that such imports are administered
strictly, it should be laid down in particular that rights
deriving from licences are not transferable and that the
release for free circulation of quantities of products
exceeding those covered by licences issued is prohibited.

A timetable should be laid down for the submission of
applications,
licences by the competent
authorities of the Member States and for the fixing of a
single reducing coefficient where the maximum annual

the issue of

quantity is exceeded. Provision should be made for oper-
ators to be able, in such cases, to withdraw their licence
applications and for their securities to be released imme-
diately. Lastly, special time limits should be set for the
submission of licence applications and the issuing of the
licences at the beginning of 2002.

Since the import arrangements established by Council
Decision 97/803/EC of 24 November 1997 amending,
at mid-term, Decision 91/482/EEC on the association of
the overseas countries and territories with the European
Economic Community (4) have been replaced by the
arrangements established by Decision 2001/822/EC,
Commission Regulation (EC) No 2553/97 of 17
December 1997 on rules for issuing import licences for
certain products covered by CN codes 1701, 1702,
1703 and 1704 and qualifying as ACP/OCT originating
products (5) should be repealed,

HAS ADOPTED THIS REGULATION:

Article 1

1.
Importation of products falling within CN Chapter 17
and CN codes 1806 10 30 and 1806 10 90 with ACP/OCT or
EC/OCT cumulation of origin shall be subject to production of
an import licence issued in accordance with Regulation (EC) No
1291/2000, save where this Regulation provides otherwise.

Import licences issued under this Regulation shall bear

2.
the serial number 09.4652.

Article 2

For the purposes of this Regulation the concept of ‘originating
products’ and the relevant administrative methods shall be
those set out in Annex III to Decision 2001/822/EC.

Article 3

Import

1.
competent authorities of the Member States.

licence applications shall be lodged with the

2.
Import licence applications shall relate to a quantity of
not less than 25 tonnes and not more than the maximum
quantity authorised by Article 6(4) of Annex III to Decision
2001/822/EC.

(1) OJ L 314, 30.11.2001, p. 1.
(2) OJ L 152, 24.6.2000, p. 1.
(3) OJ L 308, 27.11.2001, p. 19.

(4) OJ L 329, 29.11.1997, p. 50.
(5) OJ L 349, 19.12.1997, p. 26.

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Import licence applications shall be accompanied by the

3.
following documents:

licence. The figure ‘0’ shall be entered to that effect in section
19 of the licence.

(a) the export licence issued by the OCT authorities in accord-
ance with the model form set out in the Annex, issued by
the bodies responsible for issuing EUR 1 certificates;

(b) proof that the applicant is a natural or legal person who
has been engaged in trade in sugar for at least six months;

(c) a written declaration by the applicant to the effect that he
has not submitted more than one application during the
application submission period. Where an applicant submits
more than one import licence application, all applications
from the same person shall be inadmissible;

(d) proof that the party concerned has lodged a security of

EUR 12 per 100 kilograms.

2.
Notwithstanding Article 9 of Regulation (EC) No 1291/
2000, rights deriving from import licences shall not be trans-
ferable.

Article 6

1.
Licence applications shall be submitted to the competent
authorities of the Member States in the first five working days
of January, April, July and October of each year.

Article 4

However, for the year 2002, instead of the first five working
days of January applications shall be submitted in the first ten
working days of February.

Import licence applications and import licences shall show:

(a) in section 7, the OCT of provenance, the word ‘yes’ being

marked with a cross;

(b) in section 8,

the OCT of origin,

the word ‘yes’ being
marked with a cross. Import licences shall be valid only for
products originating in the OCT shown in that section;

(c) in section 20 of the licence, one of the following:

— Exención de derechos de importación (Decisión 2001/

822/CE, artículo 35) número de orden …

— Fritages for importafgifter (artikel 35 i afgørelse 2001/

822/EF),

løbenummer …

— Frei von Einfuhrabgaben (Beschluss 2001/822/EG,

Artikel 35), Ordnungsnummer …

— ∆ασµολογική απαλλαγή (απόφαση 2001/822/ΕΚ, άρθρο

35), αύξων αριθµός …

— Free from import duty (Decision 2001/822/EC, Article

35), serial number …

— Exemption du droit d'importation (Décision 2001/

822/CE, article 35), numéro d'ordre …

— Esenzione dal dazio all'importazione (Decisione 2001/

822/CE, articolo 35), numero d'ordine …

— Vrĳ van invoerrechten (Besluit 2001/822/EG, artikel

35), volgnummer …

— Isenção de direitos de importação (Decisão 2001/

822/CE, artigo 35.o), número de ordem …

— Vapaa

artikla),

tuontitulleista
järjestysnumero …

(päätöksen 2001/822/EY 35

— Importtullfri

(beslut

2001/822/EG,

artikel

35),

löpnummer …

The licences shall be issued within 13 working days of the
closing date for submitting licence applications.

2. Within two working days of the closing date for submit-
ting licence applications, the Member States shall notify the
Commission of:

(a) the quantities of products, broken down by eight-digit CN
code and by OCT of origin, covered by import licence
applications lodged and the relevant dates;

(b) the quantities of products, broken down by eight-digit CN
code and by OCT of origin, covered by unused or partly
licences, corresponding to the difference
used import
between the quantities attributed on the back of licences
and those for which the latter were issued.

licence applications have been lodged in a
If no import
Member State during the periods referred to in paragraph 1,
that Member State shall so inform the Commission on the day
referred to in the first subparagraph of this paragraph.

3. Where licence applications exhaust or exceed the annual
maximum quantity referred to in the second subparagraph of
Article 6(4) of Annex III to Decision 2001/822/EC, within ten
working days of the closing date for submitting licence applica-
tions the Commission shall suspend the submission of further
applications for the current year and fix, where appropriate, the
single reducing coefficient to be applied to each of the applica-
tions submitted.

The single reducing coefficient shall be in proportion to the
difference between the maximum quantity still available and
the quantity covered by the licence applications in question.

Article 5

1.
Notwithstanding Article 8(4) of Regulation (EC) No
1291/2000, the quantity released into free circulation may not
exceed that indicated in sections 17 and 18 of the import

If a single reducing coefficient is applied, licence applications
may be withdrawn within twelve working days of the closing
date for submitting licence applications. The security shall be
released immediately.

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4. Where the quantity for which the import licence is issued
is less than that applied for, the amount of the security referred
to in Article 3(3)(d) shall be reduced proportionately.

Regulation (EC) No 2553/97 is hereby repealed.

Article 8

Article 7

Import licences shall be valid from their actual date of issue
until 31 December of the year of issue.

Article 9

This Regulation shall enter
into force on the third day
following its publication in the Official Journal of the European
Communities.

It shall apply from 1 February 2002.

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

Done at Brussels, 31 January 2002.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX