Regulation 1991/704 - Amendment of Council Regulation (EEC) No 3677/86 laying down provisions for the implementation of Regulation (EEC) No 1999/85 on inward processing relief arrangements - Main contents

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Commission Regulation (EEC) No 704/91 of 27 February 1991 amending Council Regulation (EEC) No 3677/86 laying down provisions for the implementation of Regulation (EEC) No 1999/85 on inward processing relief arrangements

Official Journal L 077 , 23/03/1991 P. 0011 - 0024

COMMISSION REGULATION (EEC) No 704/91 of 27 February 1991 amending Council Regulation (EEC) No 3677/86 laying down provisions for the implementation of Regulation (EEC) No 1999/85 on inward processing relief arrangements

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 1999/85 of 16 July 1985 on inward-processing relief arrangements (1) and in particular Article 31 thereof,

Whereas Council Regulation (EEC) No 3677/86 (2), has been amended on numerous occasions and was last amended by Commission Regulation (EEC) No 731/90 (3);

Whereas it is necessary to specify certain rules for application of the economic conditions;

Whereas Regulation (EEC) No 3677/86 laid down standard rates of yield for rice; whereas it is necessary to amend certain of these rates to take into account the processing conditions;

Whereas it is necessary to define the conditions under which the equivalent compensation of rice can be authorized, by using the CN code at eight figures; whereas, however, while awaiting for an appropriate modification of the combined nomenclature on certain types of rice, it is necessary that equivalence be determined only by the length/width ratio for certain types of rice;

Whereas Regulation (EEC) No 3677/86 laid down provisions for calculating the proportion of import goods incorporated in compensating products where this is necessary in order to ascertain the amount of import duties to be charged, repaid or remitted; whereas, since the value scale method cannot reasonably be used for operations involving the inward processing of durum wheat into cereal meal, it is necessary to use the quantitative scale method (import goods) to calculate the import goods incorporated in the compensating products; whereas for these operations it is also necessary to amend the standard rates of yield to take into account the processing conditions;

Whereas, in the absence, on the one hand, of an opinion from the Committee for Customs Procedures with Economic impact, and, on the other hand, of an adoption by the Council within three months of its submission, the Commission has to adopt the proposed provisions pursuant to the procedure laid down in Article 31 (3) (c) of Regulation (EEC) No 1999/85,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3677/86 is hereby amended as follows:

• 1. 

  Article 7 is replaced by the following:

'Article 7

• 1. 

  For the purposes of Article 7 of the basic Regulation, the economic conditions shall be deemed to be fulfilled in respect of a given type of goods to be entered for the arrangements within a given period where the applicant:

(a) during the period in question obtains 80 % of his global requirements for these goods incorporated in the compensating products in the customs territory of the Community, in the form of Community goods being comparable within the meaning of Article 5 (2) to the import goods.

To make use of this provision, the applicant must supply the customs authority with supporting documents which enable the authority to satisfy itself that the intended purchase of Community goods may be reasonably carried out. Such supporting documents, to be annexed to the application, may take the form, for example, of copies of commercial or administrative documents which refer to purchase made in an earlier reference period, or orders or untended purchase for the period under consideration.

Without prejudice to Article 11 (2) of the basic Regulation, the customs authority shall, where necessary, check that the said...

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