Commission Regulation (EEC) No 2782/76 of 17 November 1976 laying down detailed implementing rules for the importation of preferential sugar

COMMISSION REGULATION (EEC) No 2782/76  of 17 November 1976  laying down detailed implementing rules for the importation of preferential sugar
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3330/74 of 19 December 1974 on the common organization of the market in sugar (1), as last amended by Regulation (EEC) No 1487/76 (2), and in particular Articles 12 (2), 34 and 47 (2) thereof,
Whereas Article 7 of Protocol 3 on ACP sugar annexed to the ACP-EEC Convention of Lomé (3), hereinafter referred to as the "Protocol", and Article 7 of the Agreement on cane sugar between the European Economic Community and the Republic of India (4), hereinafter referred to as the "Agreement", lay down provisions to be applied when, in respect of preferential sugar, the delivery undertaking of a State concerned, hereinafter referred to as the "exporting State", is not fulfilled in any delivery period ; whereas Article 6 of Annex IV to Council Decision 76/568/EEC of 29 June 1976, hereinafter referred to as the "Annex to the Decision", concerning the importation of cane sugar originating in the overseas countries and territories (OCT) (5), hereinafter referred to as the "exporting countries and territories", lays down similar provisions in respect of preferential sugar deliveries from the OCT ; whereas for the purpose of applying the aforesaid provisions it is necessary to prescribe the methods for establishing the date of delivery of a consignment of preferential sugar;
Whereas unforeseen delays outside the control of the exporting States, countries and territories can occur between the shipment of a consignment of preferential sugar and its delivery ; whereas, therefore, it is desirable to allow a certain tolerance to take account of such delays ; whereas, in addition, it is appropriate, following normal commercial practice, to provide a certain tolerance with respect to total quantities delivered in any delivery period;
Whereas in respect of sugar imported into the Community under the provisions of the Agreement the rules of origin are those laid down in Council Regulation (EEC) No 802/68 of 27 June 1968 on the common definition of the concept of the origin of goods (6), as amended by Regulation (EEC) No 1318/71 (7) ; whereas, therefore, in order to permit statistical and other checks to be kept on such imports, certain additional vouchers are required;
Whereas Article 1 of respectively the Protocol, the Agreement and the Annex to the Decision obliges the Community to import the preferential sugar which the exporting States, countries and territories deliver to it ; whereas, therefore, it is appropriate to reduce to a minimum the period between the date of delivery and the date of importation of this sugar;
Whereas it is necessary to derogate from certain provisions of Commission Regulation (EEC) No 2048/75 of 25 July 1975 on special detailed rules for the application of the system of import and export licences for sugar (8), as last amended by Regulation (EEC) No 719/76 (9);
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,