CELEX: 31976R0719
Language: en
Date: 1976-03-30 00:00:00
Title: Commission Regulation (EEC) No 719/76 of 30 March 1976 amending for the second time Regulation (EEC) No 2048/75 on special detailed rules for the application of the system of import and export licences for sugar

31 . 3 . 76                              Official Journal of the European Communities                         No L 84/27
                                      COMMISSION REGULATION (EEC) No 719/76
                                                         of 30 March 1976
                amending for the second time Regulation (EEC) No 2048/75 on special detailed
                   rules for the application of the system of import and export licences for sugar
THE COMMISSION OF THE EUROPEAN                                       tation under inward processing arrangements (8), the
COMMUNITIES,                                                        importation of import goods, in this case raw sugar,
                                                                    must take place within a maximum time limit of
                                                                    three months, subject to particular provisions adopted
 Having regard to the Treaty establishing the European              within the framework of the common agricultural
 Economic Community,                                                policy ; whereas a different time limit must be fixed
                                                                    for the importation of raw sugar in the light of market
 Having regard to Council Regulation (EEC) No                       requirements ; whereas this time limit must be the
 3330/74 of 19 December 1974 on the common organi­                  same as that fixed for the period of validity of import
zation of the market in sugar ('), as last amended by               licences ; whereas an identical solution must be
Regulation (EEC) No 3058/75 (2), and in particular                  adopted for raw sugar imported pursuant to Article 9
Articles 1 2 (2) and 1 7 (5) thereof,                               of Regulation (EEC) No 645/75 ;
Whereas operations consisting of exporting white                    Whereas, at the present moment for administrative
sugar to be offset by the subsequent importing of raw               reasons, the exports of white sugar and subsequent
 sugar may be carried out either under Article 25 of                imports of raw sugar under Article 25 of the said
 Council Directive 69/73/ EEC of 4 March 1969 on the                Council Directive have to take place in the same
harmonization of provisions laid down by law, regula­               Member State ; whereas the field of application of
 tion or administrative action in respect of inward                 licences used for these exports and imports should
processing (3), as last amended by the Act of Acces­                therefore be limited ;
sion (4), or under Article 9 of Commission Regulation
(EEC) No 645/75 of 13 March 1975 laying down
common detailed rules for the application of export                 Whereas exports in advance of imports involve consid­
levies and charges on agricultural products (5),                    erable risks to Community sugar supplies, particularly
                                                                    during a period of shortage on the world market ;
                                                                    whereas special provisions should therefore be laid
Whereas, pursuant to Commission Regulation (EEC)                    down concerning the security required for the import
No 193/75 of 17 January 1975, laying down common                    certificate ;
detailed rules for the application of the system of
import and export licences and advance fixing certifi­
cates for agricultural products (6), as last amended by             Whereas other special provisions should be laid down
Regulation (EEC) No 499/76 (7), operations of the                   with respect to the export licence for white sugar and
above type do not require licences ;                                the import licence for raw sugar to ensure that the
                                                                    purpose of such licences is in fact achieved ;
Whereas such operations may have a decisive effect
on the quantities of sugar available on the Commu­                  Whereas the Management Committee for Sugar has
nity market ; whereas the competent authorities                     not delivered an opinion within the time limit set by
should be enabled constantly to supervise the flow of               its chairman,
this trade in order to follow its development and, if
necessary, to take any measures that may be required ;
whereas to this end licences should be required for
such operations ;
                                                                    HAS ADOPTED THIS REGULATION :
Whereas under Article 9 (2) of Commission Directive
75/349/EEC of 26 May 1975 on detailed rules
concerning equivalent compensation and prior expor­
                                                                                             Article 1
(!) OJ No L 359, 31 . 12. 1974, p. 1 .
I2) OJ No L 306, 26. 11 . 1975, p. 3.
(>) OJ   No  L 58,  8. 3. 1969, p. 1 .                              There shall be added to Regulation (EEC) No 2048/75
(4) OJ   No  L 73,  27. 3 . 1972, p. 14.                            a new Article numbered 1 4a :
(5) OJ   No  L 67,  14. 3 . 1975, p. 16.
(6) OJ   No  L 25,  31 . 1 . 1975, p. 10.
(7) OJ   No  L 59,  6. 3 . 1976, p. 18 .                            (8) OJ No L 156, 18 . 6. 1975, p. 25.
 ---pagebreak--- No L 84/28                          Official Journal of the European Communities                              31 . 3 . 76
  'Article 14a                                                    sugar shall be calculated by deducting 100 from
                                                                  twice the degree of polarization of the sugar.
   1 . By way of derogation from Article 4(1 ) of                 Where the imported raw sugar does not corres­
  Regulation (EEC) No 193/75, where, following                    pond to the standard quality, the quantity of r~w
  authorization, either under Article 25 of Council
   Directive 69/73/EEC of 4 March 1969 or under
                                                                  sugar to be imported under the licence shall be
                                                                  calculated by multiplying the quantity of raw
  Article 9 of Regulation (EEC) No 645/75, the prior              sugar of the standard quality by a correction factor.
   exportation of white sugar falling within heading              The correction factor shall be obtained by dividing
   No    17.01    of the Common Customs Tariff is
                                                                  92 by the percentage of the yield of the raw sugar
   followed by the importation of raw sugar falling               in fact imported.
  within heading No 17.01 of the Common
   Customs Tariff, licences shall be required to                  3 . By way of derogation from Article 10 ( 1 ) and
   export the white sugar and to import the raw                   (3), the export licence for white sugar and the
   sugar.                                                         import licence for raw sugar shall be valid :
   2. Section 12 of the application for an export                 — until 30 June of a sugar marketing year where
   licence and of the export licence for white sugar,                  the application has been lodged, within the
   and of the application for an import licence and of                 meaning of Article 6(1 ) of Regulation (EEC)
   the import licence for raw sugar, shall contain one                 No 193/75, after 1       October of the same
   of the following endorsements :                                     marketing year ;
   "— EX/IM,        Article   25,  Directive   —   inward         — until 30 September of a sugar marketing year
         processing,                                                   where the application has been lodged, within
         — licence valid in ... (issuing Member                        the meaning of Article 6(1 ) of Regulation
         State)" ;                                                     (EEC) No 193/75, after 1 July of the same
                                                                       marketing year.
     — EX/IM,         Artikel  25,   Directiv   —    aktiv
         forædling,                                               4. By way of derogation from Article 13(1 ) (a),
         — licens gyldig i . . . (udstedende medlem­              and subject to the following subparagraphs, the
         stat)" ;                                                 security required for the import certificate referred
     — EX/IM, Artikel 25, Richtlinie — aktiver Vere­              to in paragraph 1 shall be eight units of account
         delungsverkehr,                                          per 100 kilogrammes net.
         — Lizenz gültig in ... (erteilender Mit­
         gliedstaat)" ;                                            Nevertheless, the amount of the said security shall
                                                                  be adjusted, as shown in the Annex, by reference
     — EX/IM, Article 25, Directive — perfectionne­               to the export levy on raw sugar applicable on the
         ment actif,
                                                                  day on which the application for the import
         — certificat valable en . . . (État membre de             licence was lodged and on each subsequent
         délivrance)" ;                                           Monday during the period of validity of the
     — EX/IM, Articolo 25, Direttiva — perfeziona­                 licence.
         mento attivo,
         — titolo valido in ... (Stato membro di                  Where the application of the preceding subpara­
         rilascio)" ;                                             graph results in an increase in the security, the
                                                                   applicant for the import licence shall be required
     — EX/IM, Artikel 25, Richtlijn — actieve vered­               to pay the increase on the day on which the
         eling,                                                    request is lodged and/or within three working days
         — certificaat geldig in ... (Lid-staat van                after the relevant Monday. On request by the
         afgifte)".                                                holder of the import licence the competent
   Section 12 of the export licence shall also contain             authority shall release without delay that part of
    the number of the corresponding import licence,                the security which results from any downward
    and Section 12 of the import licence the number                adjustment thereof.
    of the corresponding export licence.                           5 . Article 2(4) of Regulation (EEC) No 193/75
                                                                   shall not apply to the export licence referred to in
   The application for an export licence for white                 paragraph 1 .
    sugar shall not be accepted unless the authoriza­
    tion referred to in paragraph 1 is furnished and at            6.     By way of derogation from Articles 2 (5) and
    the same time an application for an import licence              18(2) of Regulation (EEC) No 193/75 :
    for raw sugar is lodged.
                                                                   (a) the whole of the security in respect of the
   The application for an import licence shall relate                   import licence shall be released only where the
    to a quantity of raw sugar of the standard quality                  quantities of raw sugar actually imported are
   which, taking into account the yield, corresponds                    equal to or exceed the quantities of white sugar
    to the quantity of white sugar shown on the appli­                  actually exported, taking into account the yield
    cation for an export licence. The yield of the raw                  of the raw sugar ;
 ---pagebreak--- 31 , 3 . 76                          Official Journal of the European Communities                           No L 84/29
     (b) where the quantities of raw sugar actually                tion of raw sugar corresponding to a previous
         imported are less than the quantities of white            exportation of white sugar must be carried out
         sugar actually exported, the security shall be            shall be the same as the period of validity of the
         forfeit in an amount equal to the difference              import licence for raw sugar.
         between the quantities of white sugar actually
         exported and the quantities of raw sugar actu­            8 . By way of derogation from Article 3 of Regu­
         ally imported, taking into account the yield of           lation (EEC) No 193/75, the rights deriving from
         the raw sugar ;                                           export and import licences referred to in para­
                                                                   graph 1 shall not be transferable.
     (c) any part of the security resulting from the
         application of second subparagraph 4, which               9. Where Article 5 (3) of Regulation (EEC) No
         may be forfeit under subparagraph (b), shall be           193/75 applies, the cancellation shall simultane­
         reduced by any amount which may be forfeit                ously affect both the import certificate and the
         under Article 9 (3) of Regulation (EEC) No                export licence.'
         645/75 and Article 10 of Commission Direc­
         tive 75/349/EEC of 26 May 1975. This reduc­                                   Article 2
         tion shall be made only at the request of the
         person concerned and after presentation of            1.     This Regulation shall enter into force on 1 April
         documents justifying the request ;                    1976.
    (d) where, when paragraph 4 applies, the holder of
         an import licence fails to increase the security      Nevertheless, the production of a licence will not be
         within the prescribed period, the said security,      required in respect of imports of raw sugar made on
         adjusted as necessary, shall immediately be           or after the date of entry into force of this Regulation,
         totally forfeit, except in case of force majeure.     provided that such imports correspond to exports of
         Nevertheless,     the amount forfeit shall     be     white sugar made before that date.
         reduced at the date of expiry of the import
         licence under subparagraph (c).                       2. At the request of those concerned, the maximum
                                                               time limit of three months referred to in Article 9 (2)
    7. By way of derogation from Article 9 (2) of              of Commission Directive 75/349/EEC of 26 May 1975
     Commission Directive 75/349/EEC of 26 May                 and in Article 9 (4) of Regulation (EEC) No 645/75
     1975 and Article 9(4) of Regulation (EEC) No              may be extended until 30 June 1976 in respect of
     645/75, the time limit within which the importa­          authorizations already granted.
               This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 30 March 1976.
                                                                         For the Commission
                                                                           P.J. LARDINOIS
                                                                    Member of the Commission
 ---pagebreak--- No L 84/30                             Official Journal of the European Communities                                      31 . 3 . 76
                                                                    ANNEX
                      Calculation of the adjustment in the deposit referred to in Article 14a
                     Export levy on raw sugar (CCT subheading                          Amount of the upward or downward
                17.01 B II) leading to an adjustment of the deposit                            adjustment of the deposit
                                                    (units of account per 100 kilogrammes net)
                                       1                                                                   2
           0    to    300
           301 to     600                                                                                300
           6-01 to    900                                                                                600
           901 to 1200                                                                                   900
                                   and so on by increases of three units of account each time