18. 11. 76 Official Journal of the European Communities No L 318/13 COMMISSION REGULATION (EEC) No 2782/76 of 17 November 1976 laying down detailed implementing rules for the importation of preferential 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 organi- zation of the market in sugar ('), as last amended by Regulation (EEC) No 1487/76 (?), 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 (%), hereinafter referred to as the ‘Protocol’, and Article 7 of the Agreement on cane sugar between the Euro- pean Economic Community and the Republic of India (%), hereinafter referred to as the ‘Agreement’, lay down provisions to be applied when, in respect of pref- erential 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 impor- tation of cane sugar originating in the overseas coun- tries and territories (OCT) (°), hereinafter referred to as the ‘exporting countries and territories’, lays down similar provisions in respect of preferential sugar deliv- eries 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 preferen- tial 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 deliv- ered 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 (¢), as amended by Regulation (EEC) No 1318/71 (’); whereas, therefore, in order to permit 359, 31.12. 1974, p. 1. 167, 26. 6. 1976, p. 9. 25, 30. 1. 1976, p. 1. 190, 23. 7. 1975, p. 35. 176, 1. 7. 1976, p. 8. 148, 28. 6. 1968, p. 1. 139, 25. 6. 1971, p. 6. | onil onit el ol onil el o sugar 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 ierritories 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 provi- sions of Commission Regulation (EEC) No 2048/75 of 25 July 1975 on special detailed rules for the applica- tion of the system of import and export licences for sugar (8), as last amended by Regulation (EEC) No 719/76 (%) ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage- ment Committee for Sugar, HAS ADOPTED THIS REGULATION : Article 1 1.  For the purposes of this Article ‘consignment’ means a quantity. of preferential sugar, raw or white, which is on a specific vessel and which is actually unloaded in a single specified European port of the Community. 2. The date on which a consignment is recorded as having been delivered shall be : either — the date on which the consignment is conveyed, within the meaning of Article 2 (2) of Council Directive 68/312/EEC of 30 July 1968 (1), to a customs office in the European territory of the Community, or the date on which the summary declaration referred to in Article 3 (1) of the said Directive is stamped by the customs authorities. However, if the consignment concerned was ready to be discharged in the port in question before the date recorded in accordance with the provisions of the preceding subparagraph, then the date indicated in the document referred to in the second subparagraph of paragraph 3 shall be recorded as the date of delivery. (%) OJ No L 213, 11. 8. 1975, p. 31. (%) OJ No L 84, 31. 3. 1976, p. 27. (19 OJ No L 194, 6. 8. 1968, p. 13.