Council Regulation (EEC) No 102/76 of 19 January 1976 on customs treatment to be applied to certain fishery products originating in Norway

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 113 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament(1),

Whereas by an exchange of letters between the European Economic Community and Norway, the Community undertook to effect an autonomous reduction of the customs duties applicable to certain fishery products, falling within heading Nos ex 03.01, ex 16.04 and ex 16.05 of the Common Customs Tariff, originating in Norway, provided that Norway respected current terms of general competition in the fisheries sector;

Whereas that exchange of letters provided for certain rules of origin; whereas, if such rules are to be applied, the conditions governing the carriage of originating products and arrangements for administrative cooperation must be laid down; whereas the fact that the products in question are originating products must be substantiated by a movement certificate issued by the Norwegian customs authorities when the corresponding products are exported,

HAS ADOPTED THIS REGULATION:

The concept of originating products is defined and the arrangements for administrative cooperation are laid down in the Annex to this Regulation.

In no case may canned sprats (Sprattus sprattus) be held in stock or exhibited for sale, be put into circulation or sold in the Community under a name other than that of canned sprats or brisling; in particular they must not bear the name of Norway sardines, anchovies or herrings.

This Regulation shall enter into force on 1 February 1976.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 January 1976.

II. Products shall be regarded as being transported directly from Norway to the Community where they cross no territories other than those of Norway and of the Community. Such goods, where they constitute one single shipment which is not split up, may however be transported through territory other than that of Norway or of the Community and may where necessary be trans-shipped or temporarily warehoused in such territory, provided that the crossing of such territory is justified for geographical reasons, that the goods have remained under the surveillance of the customs authorities in the country of transit or of warehousing, that they have not entered into the commerce of such countries or been entered for home use there and have not undergone operations other than unloading, reloading or any operation designed to preserve them in good condition.

III. Originating products within the meaning of this Annex shall, on import into the Community, benefit from the provisions of Article 1 on production of a EUR.l movement certificate as issued by the Norwegian customs authorities under the EEC-Norway Agreement on written application by the exporter made out on the form prescribed for this purpose.

IV. The provisions of Protocol 3 annexed to Council Regulation (EEC) No 1691/73 of 25 June 1973 which relate to the issuing of certificates, the limit for the submission of such certificates to the customs authorities of the importing State and mutual assistance between Norway and Member States for the purpose of checking the authenticity and accuracy of movement certificates, shall apply.