COUNCIL REGULATION (EEC) No 3448/80 of 22 December 1980 on the implementation of Article 43 of the 1979 Act of Accession, concerning the system of trade applicable to the goods covered by Regulations (EEC) No 3033/80 and (EEC) No 3035/80

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to the 1979 Act of Accession, and in particular Article 43 thereof,

Having regard to the proposal from the Commission,

Whereas Article 43 of the Act establishes the rules governing processed agricultural products outside Annex II to the Treaty covered by the following Council Regulations: - (EEC) No 3033/80 of 29 November 1980 determining the system of trade applicable to certain goods processed from agricultural products (1), and

- (EEC) No 3035/80 of 29 November 1980 laying down general rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty and the criteria for fixing the amounts of such refunds (2);

Whereas, Regulation (EEC) No 3033/80 concerns in particular the determination of the charge applicable when the goods in question are imported, which charge is composed of an ad valorum duty constituting the fixed component and of a variable component ; whereas, it is necessary to determine the rate of the customs duty constituting the fixed component applicable by the Hellenic Republic on imports from third countries ; whereas, this fixed component must be determined, according to Article 43 (3) of the Act, by excluding from the total protection applied by the Hellenic Republic on the date of accession the agricultural protection to be introduced upon accession;

Whereas, according to Article 15 of the Association Agreement between the European Economic Community and Greece there exists for certain goods covered by Regulation (EEC) No 3033/80 a residual customs duty on imports into the Hellenic Republic from the Community of Nine ; whereas, these customs duties shall remain upon accession and be abolished in accordance with the timetable laid down for industrial products in Article 25 of the Act;

Whereas the variable component applicable when the goods covered by Regulation (EEC) No 3033/80 are imported into the Hellenic Republic from third countries is, according to the second indent of Article 43 (1) of the Act, reduced or increased, as the case may be, by an accession compensatory amount ; whereas, on importation into the Community of Nine from the Hellenic Republic the same accession compensatory amount is applied to the same goods ; whereas the compensatory amount applied to certain goods imported into the Community of Nine from the Hellenic Republic and granted a reduction in the variable component prior to accession shall be subject to a ceiling;

Whereas, pursuant to Article 6 of Regulation (EEC) No 3033/80 the Commission fixes for three-month periods and for all goods the amount of the variable component applicable on imports into the Community from third countries ; whereas the same procedure applies with the same periodicity to fixing the compensatory amounts applicable on imports;

Whereas on exportation from the Community of Nine to the Hellenic Republic of goods covered by Regulation (EEC) No 3035/80 - with the exception of albumins - an accession compensatory amount, determined in accordance with the third indent of Article 43 (1) of the Act is granted or levied as the case may be ; whereas, on exportation of all goods covered by Regulation (EEC) No 3035/80 from the Hellenic Republic towards third countries the same accession compensatory amount is applied;

Whereas, according to Article 43 (4) of the Act, the Hellenic Republic shall in trade with third countries for all products covered by this Regulation apply in full the Common Customs Tariff nomenclature by 1 January 1981 ; whereas this is not required in the application of the residual customs duties on imports from the Community of Nine ; whereas this obligation involves the application of only one fixed component (1) OJ No L 323, 29.11.1980, p. 1. (2) OJ No L 323, 29.11.1980, p. 27. for each of the specifications of the Common Customs Tariff on imports into this Member State from third countries;

Whereas the charge to be applied upon accession by the Community of Nine to imports of goods covered by Regulation (EEC) No 3033/80 from the Hellenic Republic only consists of an accession compensatory amount ; whereas therefore the provision of Article 61, paragraph 5 of the Act are complied with when this accession compensatory amount does not exceed the variable component applied for the same goods on importation into the Community of Nine from third countries;

Whereas the total net charge on trade into the Hellenic Republic from the Community of Nine is the sum of the residual Hellenic protection and the accession compensatory amount applied on exports from the Community of Nine according to the fourth indent of Article 43 (1) of the Act ; whereas, therefore the provision of Article 26 of the Act is complied with if the residual Hellenic protection on imports from the Community of Nine, adjusted by the accession compensatory amount applied on exports from the Community of Nine towards the Hellenic Republic, does not exceed the charge which this Member State can impose on the same goods imported from third countries;

Whereas, it is necessary to determine, with a view to the application of the provisions of Article 8 of Regulation (EEC) No 3033/80 the provisions for the application by the Hellenic Republic of the maximum duties provided for in the Common Customs Tariff;

Whereas detailed rules for the application of the measures provided for in this Regulation should be adopted in accordance with the procedure laid down in Article 26 of Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 1547/79 (2), and in the corresponding Article in other Regulations on the common organization of markets,

HAS ADOPTED THIS REGULATION:

Article 1

1. For the purposes of this Regulation: - "Community of Nine" means the Community as constituted prior to the accession of the Hellenic Republic;

- "Accession compensatory amount", means the compensatory amounts applicable in trade between the Community of Nine and the Hellenic Republic and between this Member State and third countries.

2. The accession compensatory amounts for the products covered by this Regulation shall be determined and applied where accession compensatory amounts are applied on one or more of the basic products considered as having been used in the manufacture of the products covered by Regulation (EEC) No 3033/80.

Article 2

For each of the headings and subheadings in the Common Customs Tariff concerning goods covered by Regulation (EEC) No 3033/80 the rate of the customs duty constituting the fixed component of the charge applicable upon accession on importation of these goods into the Hellenic Republic from third countries, shall be that specified in column 1 of Annex I to this Regulation.

The rate indicated in column 1 of Annex I shall be aligned upon the Common Customs Tariff in accordance with the conditions laid down in Article 31 of the Act.

The first move towards alignment shall be made on 1 January 1981.

Article 3

For the goods covered by Regulation (EEC) No 3033/80 which are subject to a residual duty on importation into the Hellenic Republic from the Community of Nine the rate of this protection applicable upon accession shall be that specified in Annex II to this Regulation.

The rates indicated in Annex II shall be progressively abolished in accordance with the timetable laid down in Article 25 of the Act.

The first move towards alignment shall be made on 1 January 1981.

The amount of this residual duty reduced by the accession compensatory amount granted, or increased by the accession compensatory amount levied in accordance with the third indent of Article 43 (1) of the Act shall not exceed the total amount of the charge applicable by the Hellenic Republic on the same goods if they had been imported from third countries.

Article 4

1. The Commission shall for the period 1 January to 31 January 1981 and thereafter for each three-month period beginning on 1 February, 1 May, (1) OJ No L 281, 1.11.1975, p. 1. (2) OJ No L 188, 26.7.1979, p. 1. 1 August and 1 November for each of the headings and subheadings in the Common Customs Tariff concerning goods covered by Regulation (EEC) No 3033/80 determine: (a) the accession compensatory amount applicable to imports into the Community of Nine from the Hellenic Republic;

(b) the amount of the variable component adjusted by the accession compensatory amount mentioned under (a) as referred to in the second indent of Article 43 (1) of the Act and applicable on imports from third countries into the Hellenic Republic.

2. Each of the accession compensatory amounts referred to in paragraph 1 (a) shall be equal to the sum of the accession compensatory amounts applicable to the quantities of the different basic products which, pursuant to the provisions of Regulation (EEC) No 3034/80 are considered to having been used in the manufacture of the goods to which this accession compensatory amount applies.

The accession compensatory amounts shall not exceed the variable component applied for the same goods on importation into the Community of Nine from third countries.

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the accession compensatory amount may not exceed 60 % of the variable component applicable to imports from third countries.

3. The accession compensatory amount thus calculated shall be fixed at zero when the amount thereof is less than 1 75 ECU per 100 kilograms of goods.

4. The accession compensatory amount applicable is that in force on the day of importation.

Article 5

1. For each of the headings and subheadings in the Common Customs Tariff concerning goods covered by Regulation (EEC) No 3035/80 there shall - with the exception of subheading No 35.02 A II a), ovalbumin and lactalbumin, on exports from the Community of Nine to the Hellenic Republic be applied an accession compensatory amount;

- on exports from the Hellenic Republic towards third countries be applied an accession compensatory amount.

2. Each of the accession compensatory amounts referred to in paragraph 1 shall be determined on the basis of the accession compensatory amounts fixed for the basic agricultural products and in accordance with the rules applicable for the calculation of the export refunds.

3. The accession compensatory amount applicable is that in force on the day of exportation.

Article 6

1. For products in respect of which the Common Customs Tariff provides for a maximum charge the Hellenic Republic shall apply to third countries a maximum charge composed of: (a) in so far as the fixed part of the maximum charge is concerned the rate indicated in column 2 of Annex I aligned to the level of the common maximum in accordance with the conditions laid down in Article 31 of the Act. The first move towards alignment shall be made on 1 January 1981;

(b) in so far as the variable part of the maximum charge is concerned where applicable, the additional duty provided for in Article 8 (2) of Regulation (EEC) No 3033/80 adjusted by the accession compensatory amount corresponding to the quantity of sugar or flour to which the additional duty applies.

2. For the purpose of applying the provisions of Article 8 (1) of Regulation (EEC) No 3033/80 to goods imported from third countries into the Hellenic Republic the Commission shall for the period 1 January to 31 January 1981 and thereafter for each three-month period beginning on 1 February, 1 May, 1 August and 1 November, determine the following: (a) the amounts of the additional duties to be applied by the Hellenic Republic;

(b) the price difference referred to in Article 8 (2) (a) of Regulation (EEC) No 3033/80.

Article 7

Detailed rules for the application of the accession compensatory amounts at the time of import or export and their payment shall be adopted in accordance with the procedure laid down in Article 26 of Regulation (EEC) No 2727/75 or in the corresponding Articles in other Regulations on the common organization of the markets.

Article 8

This Regulation shall enter into force on 1 January 1981.

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

Done at Brussels, 22 December 1980.

For the Council

The President

J. SANTER

ANNEX I Rate of fixed components referred to in Article 2 and fixed part of the maximum charge referred to in Article 6

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ANNEX II Residual duty on importation into the Hellenic Republic from the Community of Nine referred to in Article 3

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