CELEX: 31975R0824
Language: en
Date: 1975-03-24 00:00:00
Title: Regulation (EEC) No 824/75 of the Commission of 24 March 1975 laying down transitional measures applicable to sugar imported by the Community under preferential arrangements

No L 79 / 8                            Official Journal of the European Communities                              28 . 3 . 75
                              REGULATION ( EEC) No 824/75 OF THE COMMISSION
                                                       of 24 March 1975
               laying down transitional measures applicable to sugar imported by the Commu­
                                           nity under preferential arrangements
THE COMMISSION OF THE EUROPEAN                                     in the Community, it is appropriate to include the
COMMUNITIES,                                                       most important of them in this Regulation ; whereas it
                                                                   is appropriate that these rules of origin be extended to
 Having regard to the Treaty establishing the European             the overseas countries and territories concerned ;
 Economic Community ;
                                                                  Whereas it is necessary to take account of differences
Having regard to Council Regulation (EEC) No                       in refining costs as between the various categories of
3330/74 (') of 19 December 1974 on the common                      Community enterprise which refine the cane sugar
organization of the market in sugar, and in particular             imported under the new preferential arrangements ;
Article 43 thereof ;                                              whereas these differences warrant in certain cases
                                                                  either the charging of a levy representing the relevant
Whereas the provisions of the Act of Accession (2),               difference in costs or the requirement of equivalent
and in particular those of Protocol 17 annexed                    security ;
thereto, authorized up to 28 February 1975 preferen­
tial imports of cane sugar covered by the Common­                 Whereas, moreover, imports must be effected under
wealth Sugar Agreement ; whereas that system was                  the system of import licences provided for in the
operated within the framework of Council Regulation               sugar sector ; whereas, nevertheless, it is desirable to
No 1009/67/ EEC (3) of 18 December 1967 on the                    amplify certain special rules and to this end to amend,
common organization of the market in sugar, as last               and to derogate from , certain provisions of Commis­
amended by Regulation ( EEC) No 2476/74 (4) ;                     sion Regulation (EEC) No 2637/70 (5) of 23 December
                                                                   1970 on special detailed rules for the application of
Whereas, un.der the provisions of the abovementioned              the system of import and export licences and advance
Act, and in particular those of Protocol 22 annexed                fixing certificates for agricultural products, as last
thereto, the Community undertook to ' have as its firm            amended by Regulation (EEC) No 558 /75 (6) ;
purpose' the safeguarding of the interest in the expor­
tation of sugar of certain developing countries ;                 Whereas the provisions of the Protocol annexed to the
whereas, in implementation of that undertaking, the               convention and to the Decision as aforesaid were
Protocol on sugar annexed to the ACP-EEC conven­                  made effective from 28 February 1 975 in order to
tion of Lome signed on 28 February 1975 provides for              avoid any discontinuity in the importation of cane
a new system of preferential imports of cane sugar                sugar under preferential conditions ; whereas it is
into the Community ; whereas by the Council Deci­                 consequently desirable, in particular for purposes of
sion of 25 February 1975, that system has been                    administration of the agreed quantities, to take certain
extended . to certain overseas countries and territories ;        measures with respect to imports made before the
                                                                  entry into force of this Regulation ;
Whereas pursuant to Article              1  of the Protocol
annexed to the convention and to the Decision as                  Whereas the measures provided for in this Regulation
aforesaid, the new preferential system must be oper­              are in accordance with the Opinion of the Manage­
ated within the framework of the common organiza­                 ment Committee for Sugar,
tion of the market in sugar ;
Whereas the preferential nature of the new system
requires that the import levies provided for in the               HAS ADOPTED THIS REGULATION :
framework of the common organization of the market
in sugar should not apply to it ;                                                            Article 1
Whereas, in the said convention , rules of origin have
been laid down concerning the conditions under                    This Regulation shall apply to white and raw sugar
which the sugar concerned acquires the status of a                (hereinafter referred to as 'preferential sugar') falling
product originating in the developing country                     within subheading 17.01 B I or B II of the Common
concerned and the mode of proof and verification of               Customs Tariff, originating in the states, countries and
this status ; whereas, since these rules do not yet apply         territories set out in Annex I hereto and imported by
                                                                  the Community under the preferential conditions
(')  OJ No  L 359, 31 . 12. 1974, p. 1 .                          contained in the following :
(-') OJ No  L 73, 27. 3 . 1972, p. 14.
(3)  OJ No  308 , 18 . 12. 1967, p. 1 .                           (5) OJ No L 283, 29 . 1 2 . 1 970, p. 1 5.
(4)  OJ No  L 264, 1.10 . 1974, p. 70.                            (6) OJ No L 59, 5. 3 . 1975, p. 16.
 ---pagebreak--- 28 . 3 . 75                         Official Journal of the European Communities                               No L 79 /9
(a) the Protocol on sugar annexed to the convention           concerned has not within six months from the date of
     signed at Lome between the ACP countries and             importation furnished proof that the sugar in question
     the EEC,                                                 was refined in a refinery. Release of the security shall
(b) the Council Decision of 25 February 1975 on the'          be effected forthwith .
     importation of cane sugar originating in certain
     overseas countries and territories .                                               Article 6
                         Artide 2                             The amount referred to in Article 3 (3) shall be paid
                                                               to the refiner by the Member State in which the prefer­
The provisions of Article 14 of Regulation No 1009/           ential raw sugar is refined, in the currency of that
67/ EEC and of Article 15 of Regulation (EEC) No              Member State, on production of proof :
3330/74 shall not apply to preferential sugar.                (a) that the sugar in question has been refined in a
                                                                   refinery, and
                         Article 3
                                                              (b) that the levy referred to in Article 3(1 ) was
1 . When preferential raw sugar is put into free                   charged on the importation of the sugar
                                                                   concerned .
circulation it shall be subject to a levy of 1-07 units of
account per 100 kg of sugar expressed in white value
by reference to a raw sugar yield calculated by                                         Article 7
doubling the degree of polarization of the raw sugar
and deducting 100 .                                            1 . Sugar to be regarded for purposes of this Regula­
                                                               tion as preferential sugar must have originated in the
2. By way of derogation from paragraph 1 , no levy            states, countries and territories listed in Annex I, have
shall be charged :                                            been exclusively manufactured there from products
— on preferential raw      sugar other than for refining       harvested there, and have been transported from such
     (subheading 17.01     B II b) of the Common               states, countries or territories to the territory of the
     Customs Tariff), or                                       Community without going through another territory.
— subject to security      being lodged in an amount           However, products constituting one single consign­
     equal to that of the levy, on preferential raw sugar,     ment may be transported through a territory not listed
     other than that referred to in the first indent,          in Annex I, with , should the occasion arise, tranship­
     which is intended for refining in a refinery.             ment or temporary warehousing in such territory,
                                                               provided that the crossing of the latter territory is justi­
3 . Where the levy has been . charged on preferential          fied for geographical reasons or by the needs of trans­
raw sugar which is subsequently refined in a refinery,         port and that the products concerned have not
an amount equal to the levy shall be granted to the            entered into commerce or been delivered for home
refiner concerned after proof has been furnished that          use there, and have not undergone operations other
the sugar in question has been refined .                       than unloading, reloading or any other operation
                                                               designed to preserve them in good condition .
4.     For the purposes of this Regulation 'refinery'
means a technical unit whose sole activity consists in         2 . Proof of originating status within the meaning of
the refining of raw sugar or of syrups produced prior          the preceding paragraph shall be furnished by produc­
to crystallization .                                           tion of a movement certificate EUR . 1 , a specimen of
                                                              which is shown in Annex II, issued by the customs
                         Article 4                             authorities of the exporting state, country or territory
                                                               at the time when the goods to which it relates are
Preferential sugar in respect of which is claimed the          exported .
exemption from levy provided for in the first indent
of Article 3 (2) shall be subject to customs control or        Exceptionally, the movement certificate may be issued
to an administrative control offering equivalent safe­         after the exportation of the goods to which it relates
guards.                                                        where it was not issued at the time of exportation
                                                               because of errors, involuntary omissions, or special
                         Article 5                             circumstances . In such a case the certificate shall bear
                                                               one of the following endorsements : ' Nachtraglich
The security referred to in the second indent of               ausgestellt', ' Delivre a posteriori', 'Rilasciato a poste­
Article 3 (2) may, at the option of the person                 riori', Afgegeven a posteriori', 'Issued retrospectively',
concerned, be lodged in the form either of a cash              'Udstedt efterfolgende'.
deposit or of a guarantee provided by an institution
approved by the Member State in which customs                 The discovery of slight discrepancies between the state­
                                                               ments made in the movement certificate EUR . 1 and
import formalities are completed .
                                                               those made in the other documents submitted to the
Except in case of force majeure, the security shall be         customs office for the purpose of carrying out the '
forfeit and treated as levy in respect of any quantity of      formalities for importing the products shall not ipso
preferential raw sugar as to * which the person               fcicto render the certificate null and void if it is duly
 ---pagebreak--- No L 79 / 10                        Official Journal of the European Communities                                 28 . 3 . 75
established that the certificate does correspond to the                 ' PRAFERENCESUKKER (Forordning (EØF)
goods submitted .                                                       nr. 824/75)'
                                                                        in section 14, the name of the state, country or
3.      Certificates as referred to in paragraph 2 shall                territory of origin of the product.
contain :
                                                                        The application for the licence shall contain
— in box 7 one of the following endorsements :                          the same entries. The issue of an import
    'Application reglement (CEE) n° 824/75                              licence shall carry with it the obligation to
                                                                        import in accordance with the provisions of
    'Anwendung von Verordnung (EWG) Nr. 824/75'
    'Applicazione regolamento (CEE) n . 824/75'                         Regulation (EEC) No 824/75 from the state,
                                                                        country or territory in respect of which it was
    'Toepassing van Verordening (EEG) nr. 824/75'                       issued .'
    'Anvendelse af forordning (E0F) nr. 824/75'
    'Regulation (EEC) No 824/75 refers'.
                                                                                         A rticle 9
    The certificate shall also indicate in box 7 the date
    of shipment of the goods and the delivery period           1 . By way of derogation from Article 32 ( 1 ) of Regu­
    (as defined in the documents referred to in Article       lation (EEC) No 2637/70, an import licence issued in
     1 ). The stated delivery period shall not, however,      respect of preferential sugar shall be valid for three
    affect the applicability of the certificate at the time   months from its date of issue within the meaning of
    of importation . With respect to preferential sugar       Article 9(1 ) of Regulation (EEC) No 1 93/75 (').
    originating in Swaziland or in Malawi , in place of
    the date of shipment there shall be indicated the         2. By way of derogation from Article 33 ( 1 ) of Regu­
    date on which the goods crossed the frontier with         lation ( EEC) No 2637/70, the amount of the security
    Mozambique .                                              in respect of import licences for preferential sugar
                                                              shall be 0-5 unit of account per 100 kilogrammes.
— in box 8 the subheading of the Common Customs
    Tariff for the goods in question .
                                                                                        Article 10
4.      Member States shall forward to the Commission
                                                               In point 1 of Article 5 of Regulation (EEC) No
by the 20th of each month copies, supplied by the             955/70 (2) the final semicolon is replaced by a comma
persons concerned , of EUR . 1 certificates relating to       and the following is added :
the imports made during the preceding -calendar
month .                                                             'separate particulars, broken down according to the
                                                                    state, country or territory of origin , to be given in
Each such copy shall contain in box 8 the endorse­                  respect of the quantities of preferential sugar for
ments in respect of the importation concerned and                   which import licences have been issued pursuant
particulars of the quantities actually imported .                   to Regulation (EEC) No 824/75 ;'
                                                                                        Article 11
                          Article 8
                                                              In respect of preferential sugar imported into the
The text of Article 32a of Regulation ( EEC) No               Community before the entry into force of this Regula­
2637/70 is replaced by the following :                        tion , the persons concerned shall notify the compe­
                                                              tent authority of the importing Member State, which
    ' In respect of preferential sugar to be imported         shall inform the Commission accordingly, of the quan­
    into the Community in accordance with the provi­          tities imported and their origins.
    sions of Regulation ( EEC) No 824/75 the import
    licence shall contain :
                                                                                        Article 12
    — in section 12 one of the following endorse­
          ments :                                             Member States shall take all such supplementary
          ' PRAFERENZZUCKER (Verordnung ( EWG )               measures as may be necessary for the implementation
          Nr. 824/75)'                                        of this Regulation .
          ' PREFERENTIAL SUGAR (Regulation (EEC)
           No 824/75)'                                                                  Article 13
          SUCRE PREFERENTIEL (Règlement (CEE) n°
          824/75)'                                            This Regulation shall enter into force on 1 April 1975
          'ZUCCHERO         PREFERENZIALE          (Regola­   and shall apply until 31 July 1975.
          mento (CEE) n . 824/ 75)'
          ' PREFERENTIELE        SUIKER       (Verordening    (') OJ No L 25 , 31 . 1 . 1975, p . 10 .
          (EEG) nr. 824/75)'                                  (-') OJ No L I 14, 27. 5 . 1970 , p . 16 .
 ---pagebreak--- 28 . 3 . 75                     Official Journal of the European Communities                       No L 79/ 11
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 24 March 1975.
                                                                   For the Commission
                                                                      P. J. LARDINOIS
                                                               Member of the Commission
                                                   ANNEX I
                           Barbados                                 Mauritius
                           Belize                                   Republique populaire du Congo
                           Fiji                                     St Kitts-Nevis-Anguilla
                           Guyana                                   Surinam
                           Jamaica                                  Swaziland
                           Kenya                                    Tanzania
                           Madagascar                               Trinidad and Tobago
                           Malawi                                   Uganda
 ---pagebreak---  ---pagebreak---                                                                                          ANNEX 11
                                                                           MOVEMENT CERTIFICATE
                           1 . Exporter (Name, full address, country)                                          EUR . 1                 NO
                                                                                                              See notes overleaf before completing this form
                                                                                                2. Certificate used in preferential trade between
                           3 . Consignee (Name, full address, country)
                           (Optional )
                                                                                                                                    and
                                                                                                     (insert appropriate countries, groups of countries or territories)
                                                                                                   4. Country, group of                  5 . Country, group of
                                                                                                       countries or territory                countries or territory
                                                                                                       in which the products                 of destination
                                                                                                       are considered as
                                                                                                       originating ( 3 )
                          6. Transport details (Optional)                                       7. Remarks
 (*) If goods             8. Item number ; marks and numbers ; Number and kind of packages (*) ;                                  9 . Gross               10 . Invoices
     are not
     packed , in­              Description of goods                                                                                   weight (kg)              (Optional)
     dicate                                                                                                                           or other mea­
     number of                                                                                                                        sure (litres,
     articles or
     state 'in                                                                                                                        m3, etc.)
     bulk' as
     appropri­
     ate .
                          11 . CUSTOMS ENDORSEMENT                                                              12. DECLARATION BY THE EXPORTER
                          Declaration certified                                                                 I, the undersigned, declare that the goods
                                                                                            Stamp               described above meet the conditions re­
(2) Complete              Export document (2)
    only where                                                                                                  quired for the issue of the attached certificate.
    the regu­            Form                                   No
    lations of
    the expor­            Customs office
    ting coun­
    try or ter­
                         Issuing country or territory                                                           Place and date
    ritory re­
    quire.
                         Date
                                                 (Signature)                                                                            (Signature)
                  (:i ) Complete only in cases of exporting country not being iiulciHical to the country where the products are < > ri *- 1 n ■. Mig . In the contrary ease ,
                        this box bas to be struck through .
 ---pagebreak---     13. REQUEST FOR VERIFICATION, to                              14. RESULT OF VERIFICATION,
                                                                  Verification carried out shows that this certificate (*)
                                                                            was issued by the Customs Office indicated and that
                                                                            the information contained therein is accurate.
                                                                            does not meet the requirements as to authenticity
                                                                            and accuracy (see remarks appended ).
    Verification of the authenticity and accuracy of this certi­
    ficate is requested.
                               ( Place and date)                                                 ( Place and date)
                                                        Stamp                                                           Stamp
                      ( signature)                                                      ( Signature)
                                                                  (x) Insert X in the appropriate box .
                                                              NOTES
1 . Certificates must not contain erasures or words written over one another. Any alterations must be made by deleting the
     incorrect particulars and adding any necessary corrections. Any such alteration must be initialled by the person who
     completed the certificate and endorsed by the Customs authorities of the issuing country or territory.
2. No spaces must be left between the items entered on the certificate and each item must be preceded by an item number. A
     horizontal line must be drawn immediately below the last item . Any unused space must be struck through in such a manner
     as to make any later additions impossible.
3 . Goods must be described in accordance with commercial practice and with sufficient detail to enable them to be identified.
 ---pagebreak---                                                             APPLICATION FOR A MOVEMENT CERTIFICATE
                      1 . Exporter (Name, full address, country)                                                EUR . 1                no
                                                                                                               See notes overleaf before completing this form
                                                                                                2. Application for a certificate to be used in preferential
                                                                                                   trade between
                      3. Consignee (Name, full address, country)
                          ( Optional)
                                                                                                                                     and
                                                                                                      (insert appropriate countries, groups of countries or territories)
                                                                                                   4 . Country , group of                5. Country, group of
                                                                                                        countries or territory               countries or territory
                                                                                                        in which the product                 of destination
                                                                                                        are considered as
                                                                                                        originating ( 2 )
                      6. Transport details (Optional)                                           7. Remarks
(*) If goods
    are not
                      8. Item number ; marks and numbers ; Number and kind of packages (x) ;                                       9 . Gross              10 . Invoices
    packed, in­           Description of goods                                                                                         weight (kg)             (Optional)
    dicate                                                                                                                             or other mea­
    number of                                                                                                                       sure (litres ,
    articles or
    state 'in                                                                                                                          m3 , etc.)
    bulk' as
    appropri­
    ate.
                ■ 2 ; Complete only m cases of exporting country not being identic1 ) ro
                      the country v> here the products ;irc originating . In the contrary c .\:                   12 . DECLARATION BY THE EXPORTER
                      this lw \ h is to he struck through .
                                                                                                                  I, the undersigned, declare that the goods
                                                                                                                  described above meet the conditions re­
                                                                                                                  quired for the issue of the attached certificate.
                                                                                                                  Place and date
                                                                                                                                          (Signature)
 ---pagebreak---                                                    DECLARATION BY THE EXPORTER
  I, the undersigned, exporter of the goods described overleaf,
 DECLARE that the goods meet the conditions required for the issue of the attached certificate ;
 SPECIFY as follows the circumstances which have enabled these goods to meet the above conditions :
 SUBMIT the following supporting documents (x) :
UNDERTAKE to submit, at the request of the appropriate authorities, any supporting evidence which these authorities may
                require for the purpose of issuing the attached certificate, and undertake, if required, to agree to any inspection
                of my accounts and to any check on the processes of manufacture of the above goods, carried out by the said
                 authorities :
REQUEST the issue of the attached certificate for these goods.
                                                                                                          ( Place and date)
                                                                                                              ( Signature)
(') For example : import documents, movement certificates, invoices , manufacturer's declarations, etc., referring to the products used in manufacture or to
     the goods re-exported in the same state.