Commission Regulation (EEC) No 1995/92 of 15 July 1992 laying down detailed rules for the application, in respect of potato starch, of the import arrangements provided for in the Interim Agreement concluded between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Poland, of the other part

COMMISSION REGULATION (EEC) No 1995/92  of 15 July 1992  laying down detailed rules for the application, in respect of potato starch, of the import arrangements provided for in the Interim Agreement concluded between the European Economic  Community and the European Coal and Steel Community, of the one part, and the Republic of Poland, of the other part
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 518/92 of 27 February 1992 on certain procedures for applying the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the  one part, and the Republic of Poland, of the other part (1), and in particular Article 1 thereof,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (2), as last amended by Regulation (EEC) No 1738/92 (3), and in particular Article 12 (2) thereof,
Whereas the European Agreement establishing an association between the European Economic Community and the European Coal and Steel Community, of the one part, and Poland, of the other part, was signed on 16 December 1991; whereas, pending the entry into  force of that Agreement, the Community has decided to apply with effect from 1 March 1992, an Interim Agreement concluded with the Republic of Poland, hereinafter referred to as the 'Interim Agreement' (4);
Whereas the Interim Agreement makes provision for a reduction in the import levy on potato starch falling within CN code 1108 13 00 up to a certain quantity; whereas, however, Protocol 7 thereto provides that the quantities originating in Poland for  which import licences were issued as part of the generalized preferences scheme are to be deducted from the said quantities;
Whereas, while bearing in mind the provisions of the Interim Agreement designed to ensure the origin of the product, it should be provided that the management of the said scheme is ensured via import licences; whereas, to this end, provisions should be  made, in particular, for details relating to the submission of the applications and for the information relating to the importation of the products in question to be shown on the applications and licences, notwithstanding Articles 8 and 21 of Commission  Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (5), as last amended by Regulation (EEC) No  1599/90 (6);
Whereas it should also be provided that import licences are issued following a period for deliberation and to the extent to be determined, where necessary, by the Commission;
Whereas sound management of the arrangement demands that, notwithstanding Article 12 of Commission Regulation (EEC) No 891/89 of 5 April 1989 on special detailed rules for the application of the system of import and export licences for cereals and rice  (7), as last amended by Regulation (EEC) No 337/92 (8), the security for import licences issued under the arrangement be set at ECU 25 per tonne;
Whereas special provisions must be laid down to ensure that the potato starch is actually used in the Community, in order to prevent any deflection of trade prejudicial to the proper administration of the market and the Agreement in question; whereas,  to that end, it should be specified that the starch must be processed into products falling within other tariff headings, including esterified or etherified starch; whereas, to that end, the grant of the reduced-rate levy must depend, in particular, on  an undertaking by given importers to abide by the planned use and on the lodging of a security of an amount equal to the reduction in the levy; whereas a reasonable processing time is required for monitoring the arrangements in question; whereas, where  the product released for circulation is sent to another Member State for processing, the T5 control copy drawn up by the Member State of entry for free circulation, pursuant to Commission Regulation (EEC) No 2823/87 of 18 September 1987 on the documents  to be used for the purpose of implementing Community measures entailing verification of the use and/or destination of goods (9), is the appropriate instrument for providing proof of processing;
Whereas experience has shown that, although the security is lodged to ensure payment of a customs charge payable on import, some element of proportionality must be introduced as regards the release of that security, in particular in certain cases where  the time limits laid down by the arrangements have not been complied with; whereas the rules contained in Title V of Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities  for agricultural products (10), as last amended by Regulation (EEC) No 3745/89 (11), should therefore be followed;
Whereas the practical arrangements for managing this quota have been laid down with effect from 7 March 1992 by Regulation (EEC) No 582/92 (12); whereas that Regulation does not provide for the reduction in the levy to be made subject to proof of  processing in the Community; whereas, in order to introduce this requirement and for the avoidance of doubt, Regulation (EEC) No 582/92 should be repealed and replaced by this Regulation;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,