Commission Regulation (EC) No 764/2003 of 30 April 2003 suspending for a period of three months, with regard to sugar of CN codes 1701 and 1702 imported from Serbia and Montenegro, the arrangements provided for in Council Regulation (EC) No 2007/2000 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process
Date: 2003-04-30
Institutions: European Commission
Subjects: Serbia and Montenegro, import, originating product, sugar, tariff quota

1.5.2003

EN

Official Journal of the European Union

L 109/13

COMMISSION REGULATION (EC) No 764/2003

of 30 April 2003

suspending for a period of three months, with regard to sugar of CN codes 1701 and 1702
imported from Serbia and Montenegro, the arrangements provided for in Council Regulation (EC)
No 2007/2000 introducing exceptional trade measures for countries and territories participating in
or linked to the European Union's Stabilisation and Association process

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2007/2000 of 18
September 2000 introducing exceptional trade measures for
linked to the
countries and territories participating in or
European Union's Stabilisation and Association process,
amending Regulation (EC) No 2820/98 and repealing Regula-
tions (EC) No 1763/1999 and (EC) No 6/2000 (1), as last
amended by Commission Regulation (EC) No 607/2003 (2), and
in particular Article 12(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

A significant and rapid increase in preferential imports
of sugar into the Community from Serbia and Monte-
negro was registered since the beginning of 2001.
Exports of sugar from the Community to this country
also increased significantly in 2001. This development of
trade in both directions appeared highly artificial,
leading the Commission services to meet in March 2002
and to decide to take action with a view to clarify the
situation.

By letter dated 8 April 2002, the competent authorities
of Serbia and Montenegro were requested to provide
explanations for the situation and to fully cooperate with
both the Commission and the Member States concerned
in dealing with this matter.

On 12 April 2002,
the Commission called on the
Member States to proceed with requests for subsequent
verification of proofs of origin concerning sugar
imported into the Community from Serbia and Monte-
negro and to take such precautionary measures as are
necessary in order to safeguard the Community's finan-
cial interests.

On 26 June 2002, the Commission published a notice to
importers (3) stating that there was reasonable doubt as
to the proper application of the preferential arrange-
ments for sugar of CN codes 1701 and 1702 which was
declared at import as originating in Serbia and Monte-
negro.

(6)

(7)

(8)

Article 2(1)(a) and (c) of Regulation (EC) No 2007/2000
subjects the entitlement to benefit from the preferential
arrangements to compliance with the definition of the
concept of ‘originating products’ provided for in Title IV,
Chapter 2, section 2 of Commission Regulation (EEC)
No 2454/93 of 2 July 1993 laying down provisions for
the implementation of Council Regulation (EEC) No
2913/92 establishing the Community Customs Code (4),
as last amended by Regulation (EC) No 444/2002 (5),
and to the involvement of beneficiaries in effective
administrative cooperation with the Community in order
to prevent any risk of fraud.

Article 110(6) and (7) of Regulation (EEC) No 2454/93
lays down the responsibility for the competent govern-
mental authorities of the country or territory benefiting
from the preferential arrangements to take any steps
necessary to verify the origin of the products and to
check the other statements of the certificate, including
by calling for any documentary evidence or carrying out
any checks which they consider appropriate.

Article 110(1), second indent, of that same Regulation
lays down the obligation for the beneficiary country or
territory to assist
the Community by allowing the
customs authorities of Member States to verify the
authenticity of the proof of origin or the accuracy of the
information regarding the true origin of the products in
question. Article 122 provides to this end for methods
of administrative cooperation, according to which the
competent governmental authorities of the beneficiary
country or territory shall carry out, on request from the
customs authorities of a Member State, subsequent veri-
fications of the authenticity of the proof of origin, the
originating status of the products concerned or the fulfil-
ment of the other relevant requirements.

Article 12(1) of Regulation (EC) No 2007/2000 states
that, where the Commission finds that there is failure to
provide administrative cooperation as required for the
verification of evidence of origin, or a failure of compli-
ance with the provisions of Article 2(1) of the Regula-
tion by a country or territory covered by the Regulation,
it may under certain conditions
to
suspend in whole or in part the arrangements provided
for in the Regulation for a period of three months.

take measures

(1) OJ L 240, 23.9.2000, p. 1.
(2) OJ L 86, 3.4.2003, p. 18.
(3) OJ C 152, 26.6.2002, p. 14.

(4) OJ L 253, 11.10.1993, p. 1.
(5) OJ L 68, 12.3.2002, p. 11.

L 109/14

EN

Official Journal of the European Union

1.5.2003

(9)

According to findings recently made in Serbia and
Montenegro,
the current system of certification and
control of the preferential origin of sugar of CN codes
1701 and 1702 does not allow the competent authori-
ties of this beneficiary country to verify the originating
the products and to provide administrative
status of
cooperation as required for the verification of evidence
of origin. As a consequence of
it has to be
concluded that Serbia and Montenegro does not comply
with the provisions of Article 2(1) of Regulation (EC) No
2007/2000.

this,

(10)

The Commission therefore considers that the conditions
laid down in Article 12(1) of Regulation (EC) No 2007/
2000 are fulfilled and that the preferential arrangements
three months,
should be suspended for a period of
insofar as sugar of CN codes 1701 or 1702 declared as
originating in Serbia and Montenegro is concerned.

(11)

The Customs Code Committee has been informed
accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

The preferential arrangements provided for in Regulation (EC)
No 2007/2000 for sugar of CN codes 1701 and 1702
imported from Serbia and Montenegro are suspended for a
period of three months.

Article 2

This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of the
European Union.

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

Done at Brussels, 30 April 2003.

For the Commission

Frederik BOLKESTEIN

Member of the Commission