CELEX: 31975R2850
Language: en
Date: 1975-10-31 00:00:00
Title: Regulation (EEC) No 2850/75 of the Commission of 31 October 1975 laying down detailed implementing rules in respect of the importation of preferential sugar and amending Regulations (EEC) No 955/70 and (EEC) No 2048/75

No L 283 / 50                             Official Journal of the European Communities                              1 . 11 . 75
                              REGULATION (EEC) No 2850/75 OF THE COMMISSION
                                                        of 31 October 1975
                laying down detailed implementing rules in respect of the importation of prefer­
                  ential sugar and amending Regulations (EEC) No 955/70 and (EEC) No 2048/75
THE COMMISSION OF THE EUROPEAN                                       tion and of the Regulation relating to the association
COMMUNITIES,                                                         of the overseas countries and territories with the Euro­
                                                                     pean Economic Community ;
Having regard to the Treaty establishing the European
Economic Community ;                                                 Whereas, until the Community rules of origin have
                                                                     been adapted for India, those laid down in Council
Having regard to Council Regulation (EEC) No                         Regulation (EEC) No 802/68 (7) of 27 June 1968 on
3330/74 (') of 19 December 1974 on the common                        the common definition of the concept of the origin of
organization of the market in sugar, as amended by                   goods, as amended by Regulation (EEC) No
Regulation (EEC) No 2623/75 (2), and in particular                   1318/71 (8), shall apply to cane sugar imported into
Articles 1 2 (2), 34, 47 (2) and 48 thereof ; -                      the Community under the Agreement on cane sugar
                                                                     concluded with India ; whereas, until such time, in
                                                                     order to permit statistical and other checks to be kept
Whereas Commission Regulation (EEC) No 824/75 (3)                    on such imports, supplementary certificates are
of 24 March 1975 laying down transitional measures                   required ;
applicable to sugar imported by the Community
under preferential arrangements, as last amended by
Regulation (EEC) No 1920/75 (4) expires on 31                        Whereas it is necessary to lay down certain special
October 1975 ;                                                       rules and for this purpose to amend and to derogate
                                                                     from certain provisions of Commission Regulation
                                                                     (EEC) No 2048/75 (9) of 25 July 1975 on special
Whereas Title V of Regulation (EEC) No 3330/74                       detailed rules for the application of the system of
relating to the system of preferential imports of sugar              import and export licences for sugar ;
enters into force on 1 November 1975 ; whereas
detailed implementing rules should be established
with effect from that date ;
                                                                     Whereas, moreover, provision should be made for the
                                                                      communication to the Commission of the quantities
                                                                      of preferential sugar in respect of which import certifi­
Whereas Council Regulation (EEC) No 1598 /75 (5) of                   cates have been issued to amend Commission Regula­
24 June 1975 on the ' advance implementation of                       tion (EEC) No 955/70 (10) of 26 May 1970 on commu­
certain provisions of the ACP-EEC Lome convention                     nications from Member States concerning interven­
relating to trade in goods, defined in its Annex II the               tion and trade In the sugar sector, as amended by
concept of 'originating products' and the methods of                  Regulation (EEC) No 824/75 ;
administrative cooperation applicable to the products
originating in the ACP States ;                                       Whereas the measures provided for in this Regulation
                                                                      are in accordance with the Opinion of the Manage­
Whereas Council Regulation (EEC) No 1957/75 (6) of                    ment Committee for Sugar,
 30 July J975 on the interim trade arrangements with
 overseas countries and territories associated with the
 European Economic Community, defined that
 concept and those methods as they concern the                        HAS ADOPTED THIS REGULATION :
 products originating in the overseas countries and
 territories associated with the European Economic
 Community ;
                                                                                               Article 1
 Whereas it must be made clear that the advantages
 stemming from this Regulation are reserved for 'origi­               Where a differential charge has been made on raw
 nating products' within the meaning of Regulations                   preferential sugar which is subsequently refined in a
 (EEC) No 1598/75 and (EEC) No 1957/75 and later                      refinery, an amount equal to that of the charge shall
 within the meaning of the ACP-EEC Lome conven­                       be paid to the refiner concerned by the Member State
                                                                      in which the raw sugar is refined, in the currency of
                                                                      that Member State, on production of proof :
 (') OJ  IVjo L 359, 31 . 12. 1974, p. 1 .
 (2) OJ  No   L 268, 17. 10. 1975, p. 1 .
 H   OJ  No   L 79, 28 . 3 . 1975, p. 8 .                             (7) OJ No L 148 , 28 . 6. 1968 , p. 1 .
 («) OJ  No   L 195, 26. 7. 1975, p. 23 .                             (8) OJ No L 139 , 25 . 6. 1971 , p. 6.
 (5) OJ  No   L 166, 28 . 6 . 1975, p. 1 .                            (») OJ No L 213, 11 . 8 . 1975, p. 31 .
 (6) OJ No L 201 , 31 . 7. 1975, p. 5.                                ( 10) OJ No L 114, 27 . 5. 1970, p. 16.
 ---pagebreak--- 1 . 11 . 75                         Official Journal of the European Communities                            No L 283/51
(a) that the sugar in question has been refined in a           movement certificate EUR.l , a specimen of which is
     refinery, and                                            given in Annex 5 to Annex II to each of the said
                                                              Regulations. This certificate shall indicate :
(b) that the differential charge was made at the time
     of the importation of the sugar.                         — in section 7, one of the following endorsements :
                                                                   'Regulation (EEC) No 2850/75 refers',
                         Article 2
                                                                   'Application du reglement (CEE) n° 2850/75 ,
Preferential raw sugar which is not intended for                   'Anwendung von Verordnung (EWG) Nr.
refining and which falls within subheading 17.01 B II              2850/75',
b) of the Common Customs Tariff and in respect of                  'Applicazione del regolamento (CEE) n. 2850/75 ,
which an exemption from the differential charge is                 'Toepassing van Verordening (EEG) nr. 2850/75',
claimed shall be subject to customs control or to an
administrative inspection offering equivalent safe­                'Anvendelse af forordning (E0F) nr. 2850/75',
guards.                                                            The certificate shall also indicate in section 7 the
                                                                   date of shipment of the goods and the relevant
                         Article 3                                 delivery period as defined for the purposes the
                                                                   undertakings given in respect of preferential sugar.
 1 . The security referred to in the second indent of              The stated delivery period shall not, however,
Article 46 (2) (a) of Regulation (EEC) No 3330/74 may,             affect the applicability of the certificate at the time
at the option of the person concerned, be lodged in                of importation ;
the form either of a cash deposit or of a guarantee
provided by an institution approved by the Member             — in section 8 , the subheading of the Common
State in which the customs formalities of importation              Customs Tariff for the goods in question.
are completed.                                                 5.     Member States shall forward to the Commission
2.      Except in case of force majeure the security shall     by the twenty-first day of each month copies of the
be forfeit and treated as differential charge on any           EUR.l certificates supplied by the persons concerned,
quantity of preferential raw sugar in respect of which         relating to the imports made during the preceding
                                                               calendar month .
the person concerned has not within six months from
the date of importation furnished proof that the sugar         Each copy shall contain in section 8 endorsements in
in question was refined in a refinery.                         respect of the importation concerned and particulars
3 . Release of the security shall be effected without          of the quantities actually imported.
delay.
                                                                                        Article 5
                          Article 4
                                                               1 . For the purposes of this Regulation preferential
 1 . The rules of origin applicable to preferential            sugar originating in India is sugar for which evidence
sugar imported from the States other than India,               of such origin has been given by production of a certif­
referred to in Annex III to Regulation (EEC) No                icate of origin fulfilling the conditions laid down in
3330/74 shall be those set out in Annex II to Regula­         Article 9 of Regulation (EEC) No 802/68 .
tion (EEC) No 1598 /75.                                        2.     The importer of preferential sugar originating in
                                                               India shall in addition submit to the customs authori­
2. The rules of origin applicable to preferential
sugar imported from the overseas countries and territo­        ties of the Community a certificate duly endorsed by
ries referred to in Annex III to Regulation (EEC) No           the competent authority of India.
3330/74 shall be those set out in Annex II to Regula­          This certificate shall :
tion (EEC) No 1957/75.
                                                               — bear one of the following endorsements :
3 . The provisions of paragraphs 1 and 2 shall apply
until the entry into force respectively of the ACP-EEC             'Regulation (EEC) No 2850/75 refers',
 Lome convention, and of the Regulation relating to                'Application du règlement (CEE) n0 2850/75 ,
the association of the overseas countries and territories
                                                                    Anwendung       von     Verordnung       (EWG)      Nr.
with the European Economic Community.                              2850/75',
After the entry into force of the said convention and              'Applicazione del regolamento (CEE) n. 2850/75 ,
of the said Regulation the rules of origin therein set             'Toepassing van Verordening (EEG) nr. 2850/75',
out shall apply to preferential sugar.                             'Anvendelse af forordning (E0F) nr. 2850/75' ;
4. Evidence of the originating status of preferential          — indicate the date of shipment of the goods and the
sugar within the meaning of Regulations (EEC) No                    relevant delivery period as defined for the
 1598/75 and (EEC) No 1957/75 shall be given by a                   purposes of the undertakings given in respect of
 ---pagebreak--- No L 283/ 52                            Official Journal of the European Communities                              1 . 11 . 75
     preferential sugar. The stated delivery period shall               with effect from 1 November 1975, separate parti­
     not, however, affect the applicability, at the time of            culars for each State, country or territory of origin
     importation, of the certificate of origin referred to             shall be given not later than the end of each
     in paragraph 1 ;                                                  month for the preceding calendar month, in
— indicate the subheading of the Common Customs                        respect of the quantities of preferential sugar for
     Tariff of the goods in question .                                 which import licences have been issued with a
                                                                       view to importation under Regulation (EEC)
3.     Member States shall forward to the Commission                   No 2850/75'.
by the twenty-first day of each month copies of the
certificate referred to in paragraph 2 supplied by the
persons concerned, relating to the imports made                                            Article 8
during the preceding calendar month.
Each such copy shall contain the particulars endorsed              Movement certificates and attestations presented to
thereon in respect of the importation concerned, and               the competent authorities during the period 1
                                                                   November to 31 December 1975 which make refer­
particulars of the quantities actually imported.
                                                                   ence to Regulation (EEC) No 824/75 but which other­
                          Article 6                                wise comply with the relevant provisions of the
                                                                   present Regulation shall not for that reason alone be
1 . By way of derogation from Article 10 ( 1 ) of Regu­            regarded as null and void.
lation (EEC) No 2048/75, an import licence issued in
respect of preferential sugar shall be valid for three
months from its date of issue within the meaning of                                        Article 9
Article 9(1 ) of Regulation (EEC) No 193/75 (').
2. By way of derogation from Article 13 of Regula­                 In Article 1 1 of Regulation (EEC) No 2048/75 all
tion (EEC) No 2048 /75, the amount of the security in              references to Regulation (EEC) No 824/75 shall be
respect of import licences for preferential sugar shall            replaced by references to Regulation (EEC) No
                                                                   2850/75 .
be 0-5 unit of account per 100 kilogrammes net.
                          Article 7
                                                                                          Article 10
There shall be added to paragraph 1 of Article 5 of
Regulation (EEC) No 955/70 the following subpara­                  This Regulation shall enter into force on 1 November
graph :                                                             1975 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 31 October 1975 .
                                                                             For the Commission
                                                                               P.J. LARDINOIS
                                                                          Member of the Commission
 (!) OJ No L 25, 31 . 1 . 1975, p. 10 .