RESOLUTION OF THE COUNCIL of 21 November 1972 containing in its Annex a draft Regulation authorising the new Member States to take over national subdivisions for certain agricultural products within the Common Customs Tariff Nomenclature

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Whereas, in accordance with the provisions of the Act concerning the Conditions of Accession and the Adjustments to the Treaties, and in particular Articles 2 and 151 thereof, the Community rules relating to agriculture will apply in the new Member States from 1 February 1973;

Whereas the Act concerning the Conditions of Accession and the Adjustments to the Treaties contains transitional measures relating to agriculture to facilitate the adjustment of the new Member States to the rules in force in the Community;

Whereas the application of these transitional measures requires the adoption of implementing provisions;

Whereas it is essential that persons with an economic interest should have knowledge of the content of such implementing provisions forthwith in order to enable the transition from the national systems in the new Member States to the Community system to be carried out under the best possible conditions ; whereas it is also necessary, in view of the supplementary measures which the Commission, the Member States or the acceding States may be called upon to take, that these implementing provisions should be known before the entry into force of the Treaty of Accession;

Whereas the Commission has submitted a draft regulation to the Council ; whereas that draft has been the subject of consultation with the acceding States in the Interim Committee both as regards its content and the procedure for its adoption;

APPROVES the text of the draft Regulation annexed to this Resolution, which will be formally adopted immediately after the entry into force of the Treaty of Accession and in accordance with the procedures laid down in that Treaty.

AGREES that the same procedure will be applied in respect of the other necessary implementing provisions.

ANNEX

DRAFT REGULATION (EEC) No ... /72 OF THE COUNCIL of ... authorising the new Member States to take over national subdivisions for certain agricultural products within the Common Customs Tariff Nomenclature

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 the new Member States to the European Economic Community and to the European Atomic Energy Community, signed on 22 January 1972;

Having regard to the Act concerning the Conditions of Accession and the Adjustments to the Treaties;

Whereas in accordance with the terms of the first subparagraph of Article 60 (3) of the said Act the new Member States shall apply the Common Customs Tariff Nomenclature by 1 February 1973 at the latest, in respect of agricultural products covered by a common organisation of the market ; whereas, however, pursuant to the second subparagraph of Article 60 (3) the new Member States may be authorised to take over existing national subdivisions within the Common Customs Tariff Nomenclature in order to carry out progressive moves towards alignment with the Common Customs Tariff or the elimination of duties in the Community to the extent that no difficulties arise in the application of the Community rules;

Whereas for the products subject to customs duty, with the exception of products coming under a common organisation of the market in fruit and vegetables, beef and veal and fisheries, such an authorisation is justified and does not create any difficulties ; whereas this is also the case for the products referred to in Article 61 of the said Act in respect of which a component is levied on imports to ensure the protection of the processing industry ; whereas the new Member States should be authorised to take over in respect of the abovementioned products national subdivisions within the Common Customs Tariff Nomenclature;

HAS ADOPTED THIS REGULATION:

Article 1

In respect of agricultural products covered by a common organisation of the market where this involves the application of customs duties on imports from third countries, with the exception of those falling within the common organisations for fruit and vegetables, beef and veal and fisheries, and in respect of the products covered by Article 61 (1) of the Act concerning the Conditions of Accession and the Adjustments to the Treaties, the new Member States shall be authorised to take over within the Common Customs Tariff Nomenclature such national subdivisions as are indispensable for carrying out the progressive moves towards alignment with that tariff or the elimination of duties in the Community under the conditions laid down in the said Act.

Article 2

This Regulation shall enter into force on 1 February 1973.

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

Done at Brussels, ...

For the Council

The President