1975R2783 — EN — 01.01.1996 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B REGULATION(EEC)No2783/75OFTHECOUNCIL
of29October1975
onthecommonsystemoftradeforovalbuminandlactalbumin
(OJ L 282, 1.11.1975, p. 104)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EEC) No 4001/87 of 23 December 1987 L 377 44 31.12.1987
►M2 Council Regulation (EC) No 3290/94 of 22 December 1994 L 349 105 31.12.1994
►M3 Commission Regulation (EC) No 2916/95 of 18 December 1995 L 305 49 19.12.1995
Corrected by:
►C1 Corrigendum, OJ L 196, 24.7.1997, p. 82 (3290/94)
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REGULATION(EEC)No2783/75OFTHECOUNCIL
of29October 1975
onthecommonsystemoftradeforovalbuminandlactalbumin
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 14 (7) and Articles 28, 92 to 94,111 and following, and 235 thereof;
Having regard to the proposal from the Commission;Having regard to the Opinion of the European Parliament (
1);
Whereas ovalbumin, which is not included in Annex II to the Treaty, is
not subject to application of the agricultural provisions of the Treaty,
while egg yolk is;
Whereas a situation arises therefrom which may adversely affect the
efficiency of the common agricultural policy in the egg sector;
Whereas, in order to reach a balanced solution, a common system of
trade should be established for ovalbumin corresponding to that estab-lished for eggs; whereas it is necessary to extend the application of thissystem to lactalbumin in view of the fact that the latter can to a largeextent be substituted for ovalbumin;
Whereas, in pursuance of Council Regulation (EEC) No 2771/75 (
2)o f
29 October 1975 on the common organization of the market in eggs, asingle market system for eggs has been introduced in the Community
comprising, in particular, single levies and single refunds in respect of
third countries on eggs and egg yolk in the unaltered state or in theform of certain processed goods containing egg white;
Whereas the system of trade applicable to albumins should follow the
system on force for eggs in view of the dependence of the formerproducts on the latter;
Whereas ovalbumin prices normally follow egg prices, which are
different in the Community and on the world market; whereas in orderto prevent distortions of competition resulting from this difference it is
necessary to levy an import duty sufficient to offset this difference;
whereas it seems that the most appropriate method for determining theamount of this duty would be to derive it from the levy on eggs inshell;
Whereas it is necessary to provide for different coefficients to take
account of the presentation of the processed product;
Whereas the price of eggs is not the only factor other than processing
costs affecting the price of albumin on the world market; whereas inorder to ensure the effectiveness of the system of import duties it isnecessary to provide for an additional amount, to be added to the duty
when offers on the world market are made at abnormally low prices;
Whereas, by reason of the close economic relationship existing
between the various egg products, it is necessary to provide for the
possible adoption, for ovalbumin and lactalbumin, of marketing stan-dards which correspond as far as possible with the marketingstandards laid down for the products referred to in Article 1 (1) (b) ofRegulation (EEC) No 2771/75;
Whereas to the extent necessary for the proper working of the
mechanism of exportrefunds for eggs provided for in Regulat ion(EEC) No 2771/75, and of the system laid down in this Regulation,
provision should be made for regulation or, when the situation on the
market so requires, prohibiting, the use of ‘inward processing arrange-ments’;1975R2783 — EN — 01.01.1996 — 001.001 — 2
(1) OJ No C 128, 9. 6. 1975, p. 39.
(2) See page 49 of this Official Journal. (SIC! OJ No L 282, 1. 11. 1975, p. 49.)
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Whereas the system of import duties makes it possible to dispense with
all other protective measures at the external frontiers of the Commu-nity; whereas the establishment of a single market involves the
removal at the internal frontiers of the Community of all obstacles to
the free movement of the goods in question,
HAS ADOPTED THIS REGULATION:
Article 1
Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the following products:
CN code Description
3502 Albumins (including concentrates of two or more whey
proteins, containing by weight more than 80 % whey
proteins, calculated on the dry matter), albuminates and other
albumin derivatives:
- Egg albumin:
ex 3502 11 - - Dried:
3502 11 90 ---O th e r( th a n unfit, or to be rendered unfit, for human
consumption)
ex 3502 19 - - Other:
3502 19 90 ---O th e r( th a n unfit, or to be rendered unfit, for human
consumption)
ex 3502 20 - Milk albumin, including conentrates of two or more whey
proteins:
- - Other (than unfit, or to be rendered unfit, for human
consumption):
3502 20 91 - - - Dried (for example, in sheets, scales, flakes, powder)
3502 20 99 ---O th e r
Article 2
1. Imports into the Community, of any of the products listed in
Article 1 ►C1may be subject ◄to presentation of an import licence.
Licences shall be issued by the Member States to any applicant, irre-
spective of his place of establishment in the Community and without
prejudice to measures taken for the application of Article 4.
Import licences shall be valid throughout the Community. Such
licences shall be issued subject to the lodging of a security guaran-teeing that the products are imported during the term of validity of
the licence; except in cases of force majeure, the security shall be
forfeited on whole or in part if import is not carried out, or is onlycarried out partially, within that period.
2. The term of validity of licences and other detailed rules for the
application of this Article shall be adopted in accordance with the
procedure laid down in Article 17 of Regulation (EEC) No 2771/75.
Article 3
1. In order to prevent or counteract adverse effects on the market in
the Community which may result from imports of certain products
listed in Article 1, imports of one or more of such products at the rate
of duty laid down in Article 10 shall be subject to payment of an addi-tional import duty if the conditions set out in Article 5 of theAgreement on Agriculture concluded in accordance with Article 228of the Treaty in the framework of the Uruguay Round of multilateraltrade negotiations have been fulfilled unless the imports are unlikely1975R2783 — EN — 01.01.1996 — 001.001 — 3
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to disturb the Community market, or where the effects would be
disproportionate to the intended objective.
2. The trigger prices below which an additional duty may be
imposed shall be those notified by the Community to the World TradeOrganization.
The trigger volumes to be exceeded in order to have the additional
import duty imposed shall be determined particularly on the basis of
imports into the Community in the three years preceding the year in
which the adverse effects referred to in paragraph 1 arise or are likelyto arise.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cifimport prices of the consignment under consideration.
Cif import prices shall be checked to that end against the representative
prices for the product on the world market or on the Communityimport market for that product.
4. The Commission shall adopt detailed rules for the application of
this Article in accordance with the procedure laid down in Article 17 of
Regulation (EEC) No 2771/75. Such detailed rules shall specify in
particular:
(a) the products to which additional import duties shall be applied
under the terms of Article 5 of the Agreement on Agriculture;
(b) the other criteria necessary to ensure application of paragraph 1 in
accordance with Article 5 of the Agreement on Agriculture.
Article 4
1. Tariff quotas for the products listed in Article 1 resulting from
agreements concluded in the framework of the Uruguay Round ofmultilateral trade negotiations shall be opened and administered inaccordance with detailed rules adopted under the procedure laid downin Article 17 of Regulation (EEC) No 2771/75.
2. Quotas shall be administered by applying one of the following
methods or a combination of them:
— method based on chronological order of the lodging of applications
(firstcome, firstserved principle),
— method of distribution in proportion to the quantities requested
when the applications were lodged (using the simultaneous exami-nation method),
— method based on taking traditional trade patterns into account
(using the traditional/new arrivals method).
Other appropriate methods may be adopted.They must avoid any discrimination between the operators concerned.
3. Compliance with the limits on volumes arising from agreements
concluded in accordance with Article 228 of the Treaty shall be
ensured on the basis of the export certificates issued for the referenceperiods provided for therein and applicable to the products concerned.With regard to compliance with the obligations arising under theAgreement on Agriculture, the ending of a reference period shall not
affect the validity of export licences.
4. The detailed rules referred to in paragraph 1 shall provide for
annual quotas, suitably phased over the year, if necessary to be opened
and, where appropriate, for:
(a) guarantees covering the nature, provenance and origin of the
product;
(b) recognition of the document used for verifying the guarantees
referred to in (a); and
(c) the conditions under which import licences are issued and their
term of validity.1975R2783 — EN — 01.01.1996 — 001.001 — 4
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Article 5
Where prices on the Community market rise significantly and where
that situation is likely to continue, thereby disturbing or threatening todisturb that market, appropriate measures may be taken.
The Council, acting in accordance with the procedure laid down in
Article 43 of the Treaty, shall, if necessary, adopt detailed rules for
the application of this Article.
Article 6
For the products listed in Article 1, marketing standards may be
adopted which, subject to the need to take into account the characteris-tics of those products, shall correspond to the marketing standardsprovided for in Article 2 (2) of Regulation (EEC) No 2771/75 for theproducts listed in Article 1 (1) (b) of that Regulation. In particular the
standards may relate to grading by quality, packaging, storage, trans-
port, presentation and marking.
The standards, their scope and the general rules for their application
shall be adopted by the Council acting by a qualified majority on aproposal from the Commission.
Article 7
1. To the extent necessary for the proper working of the common
organization of the market in eggs and this Regulation, the Council,acting in accordance with the voting procedure laid down in Article
43 (2) of the Treaty on a proposal from the Commission, may, in
special cases, prohibitin whole or in partt he use of inward processingarrangements in respect of products listed in Article 1 which areintended for the manufacture of products listed in that Article.
2. In derogation from paragraph 1, if the situation referred to in
paragraph 1 arises with exceptional urgency and the Communitymarket is disturbed or is liable to be disturbed by the inward processing
arrangements, the Commission shall, at the request of a Member State
or on its own initiative, decide upon the necessary measures; theCouncil and the Member States shall be notified of such measures,which shall be valid for no more than six months and shall be immedi-ately applicable. If the Commission receives a request from a Member
State, it shall take a decision thereon within a week following receipt
of the request.
3. Measures decided on by the Commission may be referred to the
Council by any Member State within a week of the day on which theywere notified. The Council, acting by a qualified majority, mayconfirm, amend or repeal the Commission decision. If the Council hasnot acted within three months, the Commission decision shall be
deemed to have been repealed.
Article 8
1. The general rules for the interpretation of the combined nomen-
clature and the special rules for its application shall apply to the
classification of products covered by this Regulation; the tariff nomen-clature resulting from the application of this Regulation shall beincorporated in the Common Customs Tariff.
2. Save as otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited in tradewith third countries:
— the levying of any charge having equivalent effect to a customs
duty,
— the application of any quantitative restriction or measure having
equivalenteffect .1975R2783 — EN — 01.01.1996 — 001.001 — 5
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Article 9
Products specified in Article 1 which are manufactured or obtained
from products to which Articles 9 (2) and 10 (1) of the Treaty do not
apply shall not be admitted to free circulation within the Community.
Article 10
Member States and the Commission shall communicate to each other
the information necessary for implementing this Regulation. Rules for
the communication and distribution of such information shall beadopted in accordance with the procedure laid down in Article 17 ofRegulation (EEC) No 2771/75.
Article 11
1. Council Regulation No 170/67/EEC (
1). of 27 June 1967 on the
common system of trade for ovalbumin and lactalbumin and repealingRegulation No 48/67/EEC, amended by Regulation (EEC) No 1081/
71 (
2) is hereby repealed.
2. References to the Regulation repealed by paragraph 1 shall be
construed as references to this Regulation.
References to Articles of this Regulation are to be read in accordance
with the correlation given in the Annex.
Article 12
This Regulation shall enter into force on 1 November 1975.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1975R2783 — EN — 01.01.1996 — 001.001 — 6
(1) OJ No 130, 28. 6. 1967, p. 2596/67
(2) OJ No L 116, 28. 5. 1971, p. 9.
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ANNEX
Correlation
RegulationNo 170/67/EEC This Regulation
Article 5a Article 6
Article 6 Article 7
Article 7 Article 8Article 8 (2) Article 9
Article 9 Article 101975R2783 — EN — 01.01.1996 — 001.001 — 7