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REGULATION ( EEC ) NO 226/73 OF THE COUNCIL

OF 31 JANUARY 1973

LAYING DOWN GENERAL RULES FOR IMPORTS OF NEW ZEELAND BUTTER AND CHEESE INTO THE UNITED KINGDOM

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO THE TREATY CONCERNING THE ACCESSION OF NEW MEMBER STATES TO THE EUROPEAN ECONOMIC COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY ( 1 ) , SIGNED AT BRUSSELS ON 22 JANUARY 1972 , AND IN PARTICULAR ARTICLE 3 OF PROTOCOL NO 18 ( 2 ) ANNEXED TO THE ACT WHICH IS ANNEXED TO THE SAID TREATY ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

WHEREAS THE SAID PROTOCOL NO 18 ( HEREINAFTER CALLED " THE PROTOCOL " ) PROVIDES THAT THE UNITED KINGDOM IS AUTHORIZED TO IMPORT FROM NEW ZEALAND CERTAIN QUANTITIES OF BUTTER AND CHEESE ON SPECIAL TERMS ; WHEREAS SUCH SPECIAL IMPORT TERMS CONSIST IN PARTICULAR OF THE NON-APPLICATION OF COMPENSATORY AMOUNTS IN TRADE BETWEEN THE UNITED KINGDOM AND NEW ZEALAND AND OF THE INTRODUCTION OF SPECIAL LEVIES APPLICABLE TO SUCH IMPORTS FOR WHICH THE OBSERVANCE OF A MINIMUM PRICE MUST BE GUARANTEED AT THE CIF STAGE BY NEW ZEALAND ;

WHEREAS THIS MINIMUM PRICE TO BE OBSERVED AT THE CIF STAGE IS FIXED , PURSUANT TO ARTICLE 1 ( 3 ) OF THE PROTOCOL , AT A LEVEL WHICH ENABLES NEW ZEALAND TO REALISE A PRICE REPRESENTING THE AVERAGE PRICE OBTAINED BY THAT COUNTRY ON THE UNITED KINGDOM MARKET FROM 1969 TO 1972 ;

WHEREAS THE AMOUNTS OF THE SPECIAL LEVIES MAY , ON THE BASIS OF THE CRITERIA GIVEN IN ARTICLE 2 ( 2 ) OF THE PROTOCOL , BE FIXED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 30 OF COUNCIL REGULATION ( EEC ) NO 804/68 ( 3 ) OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS , AS LAST AMENDED BY REGULATION ( EEC ) NO 1411/71 ( 4 ) ; WHEREAS , HOWEVER , THOSE CRITERIA SHOULD BE CLARIFIED ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THIS REGULATION GOVERNS IMPORTS INTO THE UNITED KINGDOM OF BUTTER AND CHEESE FROM NEW ZEALAND TO WHICH THE SPECIAL IMPORT TERMS PROVIDED FOR IN THE PROTOCOL ARE TO APPLY .

ARTICLE 2

THE SPECIAL TERMS REFERRED TO IN ARTICLE 1 SHALL APPLY ONLY TO GOODS IN RESPECT OF WHICH IT IS PROVIDED THAT THEY ARE OF NEW ZEALAND ORIGIN AND THAT THE MINIMUM PRICE LAID DOWN IN ARTICLE 3 IS OBSERVED .

ARTICLE 3

THE MINIMUM IMPORT PRICE TO BE OBSERVED AT THE CIF STAGE PURSUANT TO ARTICLE 1 ( 3 ) OF THE PROTOCOL SHALL BE :

( A ) FOR BUTTER : 76,96 U.A./100 KG ,

( B ) FOR CHEESE : 66,45 U.A./100 KG .

ARTICLE 4

1 . THE SPECIAL LEVIES PROVIDED FOR IN ARTICLE 2 OF THE PROTOCOL SHALL BE FIXED ON THE BASIS OF THE DIFFERENCE BETWEEN :

- THE MARKET PRICE AT WHICH THE ANNUAL QUANTITIES SPECIFIED IN ARTICLE 1 ( 2 ) OF THE PROTOCOL CAN ACTUALLY BE SOLD ; AND

- THE CIF PRICE FIXED IN ARTICLE 3 , PLUS COSTS INCURRED BETWEEN THE CIF AND FIRST-SALE STAGES .

2 . TO ENABLE THE ANNUAL QUANTITIES SPECIFIED IN ARTICLE 1 ( 2 ) OF THE PROTOCOL ACTUALLY TO BE SOLD THE SPECIAL LEVIES :

- SHALL BE FIXED AT A LEVEL SUCH THAT THE BUTTER AND CHEESE IN QUESTION CAN BE SOLD AT A CONSISTENT RATE ;

- SHALL AS FAR AS POSSIBLE BE KEPT AT A UNIFORM LEVEL TO ENSURE THE STABILITY OF THE MARKET ;

- MAY NEVERTHELESS BE ALTERED AND SHALL BE ADJUSTED IN PARTICULAR WHERE THIS IS NECESSARY TO PERMIT THE CONSISTENT SALES OF THE ANNUAL QUANTITIES SPECIFIED IN ARTICLE 1 ( 2 ) OF THE PROTOCOL .

HOWEVER , TO AVOID DISRUPTING THE SALE OF COMMUNITY BUTTER AND CHEESE , THE SPECIAL LEVIES SHALL NOT BE LOWER THAN THE LEVEL NECESSARY TO PERMIT THE ANNUAL QUANTITIES SPECIFIED IN ARTICLE 1 ( 2 ) OF THE PROTOCOL ACTUALLY TO BE SOLD .

ARTICLE 5

THE SPECIAL LEVY TO BE CHARGED SHALL BE THAT RULING ON THE DAY OF IMPORTATION INTO THE UNITED KINGDOM .

ARTICLE 6

THE UNITED KINGDOM SHALL COMMUNICATE ALL INFORMATION NECESSARY FOR THE APPLICATION OF THIS REGULATION TO THE COMMISSION , WHICH SHALL INFORM THE OTHER MEMBER STATES THEREOF .

ARTICLE 7

THE COMMISSION SHALL SUBMIT TO THE COUNCIL BEFORE 1 APRIL EACH YEAR AND FOR THE FIRST TIME BEFORE 1 APRIL 1974 A REPORT ON THE MANNER IN WHICH THE PROVISIONS OF THE PROTOCOL HAVE BEEN APPLIED .

ARTICLE 8

DETAILED RULES FOR THE APPLICATION OF THIS REGULATION , AND IN PARTICULAR THE AMOUNTS OF THE SPECIAL LEVIES AND THE APPROPRIATE MEASURES FOR ENSURING THAT IN ACCORDANCE WITH ARTICLE 1 ( 4 ) OF THE PROTOCOL GOODS IMPORTED INTO THE UNITED KINGDOM ARE NOT RESOLD WITHIN THE COMMUNITY OR RE-EXPORTED TO THIRD COUNTRIES , SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 30 OF REGULATION ( EEC ) NO 804/68 .

ARTICLE 9

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 31 JANUARY 1973 .

FOR THE COUNCIL

THE PRESIDENT

A . LAVENS

( 1 ) OJ NO L 73 , 27 . 3 . 1972 , P . 5 .

( 2 ) OJ NO L 73 , 27 . 3 . 1972 , P . 173 .

( 3 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .

( 4 ) OJ NO L 148 , 3 . 7 . 1971 , P . 4 .