No C 61/2 Official  Journal  of the European  Communities 17. 3. 76 
II 
(Preparatory  Acts) 
COMMISSION 
Proposal  for  a Council  Regulation  on the  common  organization  of the  market  in 
potatoes 
(Submitted  by the Commission  to the Council  on 23 January  1976) 
THE  COUNCIL  OF THE  EUROPEAN  COMMUNITIES, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Articles  42 and 43 thereof, 
Having  regard  to the proposal  from  the Commission, 
Having  regard  to the  opinion  of the  European 
Parliament, 
Having  regard  to the opinion  of the Economic  and 
Social  Committee, 
Whereas  the  operation  and  development  of the 
common  market  in agricultural  products  must  be 
accompanied  by the  establishment  of a common 
agricultural  policy  to include  in particular  a common 
organization  of agricultural  markets  which  may  take 
various  forms  depending  on the products; 
Whereas  the  production  of potatoes  constitutes  a 
substantial  factor  in agricultural  income  and  whereas 
appropriate  measures  should  therefore  be taken  to 
ensure  the stability  of the market  and  a fair  income 
for the producers  concerned; 
Whereas,  within  the context  of the objectives  to be 
attained,  one  of the  steps  to be taken  for  the 
introduction  of a common  organization  of the market 
is the adoption  of common  standards  to be applied  to 
potatoes  marketed  within  the  Community  or 
exported  to non-member  countries; Whereas  application  of these  standards  should  have 
the effect  of keeping  products  of unsatisfactory 
quality  off the  market,  guiding  production  to meet 
consumers'  requirements,  and  facilitating  trade 
relations  based  on fair  competition,  thus  helping  to 
improve  the profitability  of production; 
Whereas  standardization  cannot  be fully  effective 
unless  applied  at all stages  of marketing;  whereas, 
however,  there  may  be  exceptions  for  certain 
activities  at the start  of the distribution  process  and 
for products  sent  for processing; 
Whereas  provision  should  be made  for adopting  for a 
limited  period,  in the  event  of particularly  poor 
harvests,  measures  derogating  from  the application  of 
the quality  standards  in order  to  permit  the 
marketing  of products  which  do not  conform  to 
those  standards; 
Whereas,  should  there  be  sufficient  products 
conforming  to the  quality  standards  to exceed 
consumer  demand,  provision  should  be made  for the 
possibility  of  adopting  measures  altering  the 
minimum  or maximum  size  required  for  those 
products; 
Whereas,  to ensure  compliance  with  the  quality 
standards  and  to  secure  uniform  application, 
provision  must  be made  for  supervision  and  for 
obligatory  penalties  in case  of non-compliance; 
Whereas,  given  the special  features  of the market  in 
potatoes  in the fresh  state,  the formation  of producer 
17. 3. 76 Official  Journal  of the  European  Communities No C 61/3 
organizations  whose  members  are obliged  to comply 
with  certain  rules,  in particular  as regards  the 
marketing  of their  entire  crop  through  the producer 
group  to which  they  belong,  is likely  to contribute  to 
the attainment  of the  objectives  of the  common 
organization  of the market; 
Whereas  provision  should  therefore  be made  for 
measures  to facilitate  the formation  and  operation  of 
such  organizations;  whereas,  to that  end,  Member 
States  should  be permitted  to grant  aid  to such 
organizations,  this  aid being  in part  financed  by the 
Community;  whereas,  this  aid  should,  however,  be 
limited  in amount  and  be of a transitional  and 
degressive  nature  so that  the  financial  responsibility 
of producers  will  progressively  increase; 
Whereas  such  groups  should  be entrusted  with  the 
management  of support  measures  so that  they  have 
some  responsibility  for  the  management  of the 
market; 
Whereas,  in order  to ensure  the regular  supply  of the 
market  and  a degree  of stability  in prices  for 
main-crop  potatoes,  provision  should  be made  for the 
possible  implementation,  through  recognized 
producer  groups  and  for limited  periods,  of support 
measures  in the  form  of storage  aid  and  aid  for 
dehydration  of this  product  of Community  origin; 
whereas,  to that  end,  it is advisable  to prepare  a 
forward  assessment  for each  marketing  year; 
Whereas  the  establishment  of a single  Community 
market  in potatoes  requires  the  introduction  of a 
single  trading  system  at the external  frontiers  of the 
Community;  whereas  the application  of the Common 
Customs  Tariff  duties  should  suffice,  as a rule,  to 
stabilize  the  Community  market  by preventing  the 
price  level  in non-member  countries  and  fluctuations 
thereof  from  having  repercussions  on prices  ruling 
within  the Community; whereas  this  machinery  might  in  exceptional 
circumstances  prove  inadequate;  whereas,  in order 
not to leave  the Community  market  without  defence 
against  disturbances  which  might  arise  in such  cases 
after  the  import  barriers  which  existed  previously 
have  been  removed,  the  Community  should  be 
enabled  to take  all necessary  measures  without  delay; 
Whereas  the  competent  authorities  must  be in a 
position  constantly  to follow  trade  movements  in 
order  to assess  market  trends,  and  whereas  it is 
appropriate  to extend  to main-crop  potatoes  the field 
of application  of Council  Regulation  (EEC)  No 
1439/74  of 4 June  1974  on  common  rules  for 
imports  (*), as last  amended  by Regulation  (EEC)  No 
1927/75  (2), and  of Council  Regulation  (EEC)  No 
109/70  of 19 December  1969  establishing  common 
rules  for imports  from  state-trading  countries  (s), as 
last amended  by Regulation  (EEC)  No 1927/75; 
Whereas,  in order  to enable  the  Community  to 
participate  in  international  trade  in  potatoes, 
provision  should  be made  for  the  payment  of an 
export  refund; 
Whereas  the establishment  of a single  market  would 
be jeopardized  by  the  granting  of certain  aids; 
whereas  the provisions  of the Treaty  which  allow  the 
assessment  of aids  granted  by Member  States  and  the 
prohibition  of those  which  are incompatible  with  the 
common  market  should  therefore  be applicable  to 
potatoes; 
Whereas  the  Community  should  bear  the  financial 
responsibility  for  the  expenditure  incurred  by the 
Member  States  as a result  of the obligations  arising 
out of  the  application  of  this  Regulation,  in 
accordance  with  the legislative  provisions  relating  to 
the financing  of the common  agricultural  policy; 
Whereas  disturbances  on the  Community  market 
arising  from  offers  at abnormal  prices  from 
non-member  countries  must,  however,  be avoided; 
whereas,  to that  end,  provision  should  be made  for 
the fixing  of reference  prices  and  the  levying  of a 
countervailing  charge  in addition  to the customs  duty 
for potatoes  when  the  entry  price  of imported 
products  is below  the reference  price; Whereas  the  transition  from  the  Community 
arrangements  and  those  currently  in force  in the 
Member  States  to those  set up by this  Regulation 
should  be effected  as smoothly  as possible;  whereas 
transitional  measures  may  thus  prove  necessary; 
Whereas,  in most  cases,  the system  thus  introduced 
will enable  all quantitative  restrictions  at the external 
frontiers  of the  Community  to be dispensed  with; (!) OJ No L 159,  15. 6. 1974,  p. 1. 
(2) OJ No L 198,  29. 7. 1975,  p. 9. 
(3) OJ No L 19, 26. 1. 1970,  p. 1. 
No C 61/4 Official  Journal  of the European  Communities 17. 3. 76 
Whereas  the  common  organization  of the  market  in 
potatoes  must  take  appropriate  account,  at the same 
time,  of the  objectives  set out  in Articles  39 and  110 
of the Treaty; 
Whereas  the  common  organization  of the  market  in 
potatoes  should  cover  not  only  potatoes  in the fresh 
state  but  also  all derived  products  governed  until 
now by  other  common  rules;  whereas  Council 
Regulation  (EEC)  No 865/68  of 28 June  1968  on the 
common  organization  of the  market  in products 
processed  from  fruit  and  vegetables  (1), as last 
amended  by Regulation  (EEC)  No  1420/75  (2), and 
Council  Regulation  (EEC)  No  1067/74  of 30 April 
1974  on the  common  organization  of the  market  in 
dehydrated  fodder  (3), as last  amended  by Regulation 
(EEC)  No  1420/75  (4), should  be  amended 
accordingly; 
Whereas,  in order  to facilitate  implementation  of the 
proposed  measures,  a procedure  should  be provided 
for establishing  close  cooperation  between  Member 
States  and  the  Commission  within  a Management 
Committee, 
HAS  ADOPTED  THIS  REGULATION: 
Article  1 
1. A  common  organization  of  the  market  in 
potatoes  shall  be established  and  shall  cover  the 
following  products: 
CCT  heading  No Description 
(a) 07.01  AI 
(b) 07.01  A II a) 
(c) 07.01  A II b) 
(d) 07.01  A III a) Potatoes  for  the  manufacture  of 
starch  (a) 
(a) Inclusion  under  this  subheading  shall  be subject  to conditions  to 
be determined  by the  competent  authorities. 
(*) OJ No L 153,  1. 7. 1968,  p. 8. 
(2) OJ No L 141,  3. 6. 1975,  p. 1. 
(3) OJ No L 120,  1. 5. 1974,  p. 2. 
(4) OJ  No L 141,  3. 6. 1975,  p. 1. CCT  heading  No Description 
(e) 07.01  A III b) Other  potatoes  (unspecified) 
(f) ex 07.02  B Potatoes  (whether  or not cooked), 
preserved  by freezing 
(g) ex 07.03  E Potatoes  provisionally  preserved 
in brine,  in sulphur  water  or in 
preservative  solutions,  but  not 
prepared  for immediate  consump-
tion 
(h) ex 07.04  B Dried,  dehydrated  or evaporated 
potatoes,  whole,  cut,  sliced, 
broken  or in powder,  but  not 
further  prepared 
(i) ex 11.05 Flour,  meal  and  flakes  of potato 
(j) ex 20.01  B Potatoes  prepared  or preserved  by 
vinegar  or acetic  acid,  with  or 
without  sugar,  whether  or not 
containing  salt,  spices  or mustard 
(k) ex 20.02  H Potatoes  prepared  or preserved 
otherwise  than  by  vinegar  or 
acetic  acid 
2. For  the  purposes  of this  Regulation,  'new 
potatoes'  means  potatoes  harvested  usually  before 
full maturity  and  whose  skin  may  easily  be removed 
by friction. 
Article  2 
1. For  the  products  listed  in Article  1 under  (b) 
and (c),  the marketing  season  shall  begin  on 1 April 
of each  year  and  end  on 31 July  of the same  year. 
2. For  the products  listed  in Article  1 under  (a),  (d) 
and (e),  the marketing  year  shall  begin  on 1 August 
of each  year  and  end  on 30 June  of the  following 
year. 
For the  products  listed  in Article  1 or for groups  of 
such  products,  common  marketing  standards  may  be 
established  together  with  the  field  of application 
thereof;  they  may,  in  particular,  concern  the 
classification  of the  product  by quality,  size,  weight, 
packaging,  market  presentation  and  labelling. 
Article  4 
1. When  standards  have  been  adopted,  products  to 
which  they  apply  may  not  be displayed  or offered  for TITLE  I 
Seed  potatoes  (a) 
New  potatoes,  1 January  to  Marketing  standards 
31 March 
New  potatoes,  1 April  to 31 July  Article  3 
17. 3.76 Official  Journal  of the  European  Communities No C 61/5 
sale,  sold  or marketed  in any  other  manner  unless 
they conform  to the  said  standards,  subject  to any 
specific  requirements  which  may  he laid  down: 
— for  products  at an early,  stage  of the  distribution 
process  and  those  consigned  to processing  plants, 
— for  products  traded  with  non-member  countries. 
2. The  Council,  acting  by a qualified  majority  on a 
proposal  from  the  Commission,  shall  decide  for 
which  products  quality  standards  are  to  be 
established.  Those  standards  and  the  specific 
requirements  referred  to in paragraph  1 shall  be 
adopted  in accordance  with  the procedure  laid  down 
in Article  27. 
Article  5 
1. The  Member  States  shall,  by sampling,  check 
the conformity  of products  with  common  marketing 
standards  which  have  been  laid  down. 
Such  checks  may  be made  at any  stage  of marketing 
and also  during  transport. 
2. The  Member  States  shall  take  all necessary 
measures  to impose  penalties  for infringements  of the 
provisions  of Article  3. 
3. The  Member  States  shall  notify  the  other 
Member  States  and  the  Commission  within  one 
month  following  the  entry  into  force  of each 
marketing  standard,  of the name  and  address  of the 
bodies  responsible  for  controls  in respect  of the 
products  or groups  of products  for  which  the  said 
standard  has been  adopted. 
4. The  detailed  rules  for  the  application  of the 
provisions  of paragraph  1 shall  be  adopted  in 
accordance  with  the procedure  laid  down  in Article 
27, account  being  taken,  in particular,  of the need  to 
ensure  coordination  of the  work  of the  bodies 
responsible  for  controls  and  the  uniform 
interpretation  and  application  of  the  common 
marketing  standards. 
Article  6 
1. In  the  event  that  the  supply  of products 
conforming  to the quality  standards  is insufficient  to 
cover  consumer  demand,  derogations  from  the 
application  of these  standards  may  be adopted  for 
limited  periods. 
2. In  the  event  that  the  supply  of products 
conforming  to  the  quality  standards  exceeds consumer  demand,  measures  may  be taken  to adjust 
the minimum  or maximum  size  requirement  for 
marketing  within  the  Community  under  the 
provisions  of Article  3. 
3. The  measures  referred  to in paragraphs  1 and  2 
shall  be adopted  in accordance  with  the  procedure 
laid down  in Article  27. 
TITLE  II 
Producer  groups 
Article  7 
1. For  the purposes  of this  Regulation,  'recognized 
producer  group'  means  a group  of producers  of 
potatoes  in the fresh  state  recognized  by a Member 
State  under  the provisions  of paragraph  3 and  formed 
on the initiative  of the producers  for the purpose  of, 
in particular: 
(a) concentration  of supply  and  stabilization  of the 
market  by marketing  all the  produce  of their 
members; 
(b) joint  adaptation  of their  production  to the 
requirements  of the market  and  improvement  of 
product; 
(c) promotion  of rationalization  and  mechanization 
of cultivation  and  harvesting  operations  in order 
to render  production  more  profitable; 
(d) adoption  of common  rules  for production; 
(e) the  application  of the  market  support  measures 
provided  in Articles  10  and  11  to the  best 
advantage  of the group. 
2. For  the purposes  of this  Regulation,  'recognized 
union'  means  a union  of recognized  producer  groups 
pursuing  the  same  objectives  as these  groups  and 
recognized  by a Member  State  under  the  provisions 
of paragraph  3. 
3. Member  States  shall  recognize,  for the purposes 
of the  production  and  marketing  of potatoes  in the 
fresh  state,  the producer  groups  and  unions  thereof 
which  request  recognition  and  fulfil  the following 
general  conditions;  they  should: 
(a) apply  common  rules  for  the  production  of 
potatoes  and  for  putting  them  on the  market 
(first  stage  of marketing)  in the fresh  state; 
No C 61/6 Official  Journal  of the  European  Communities 17. 3. 76 
(b) include  in their  statutes  the  obligation  for 
producers  who  are  members  of groups  and  for 
recognized  producer  groups  which  are  members 
of unions: 
— to comply  with  the  common  rules  for 
production, 
— to put  all  their  produce  on  the  market 
through  the group  or union. 
This  obligation  shall  not  apply,  however,  to 
products  for which  the producers  had  concluded 
sales  contracts  before  joining  the group,  provided 
that the  group  was  informed  of such  contracts 
and approved  them; 
(c) provide  pfoof  of economically  viable  activity; 
(d) exclude,  throughout  their  field  of activity,  any 
discrimination  between  Community  producers  or 
groups  in  respect  of,  in  particular,  their 
nationality  or place  of establishment; 
(e) include  in their  statutes  provisions  ensuring  that 
members  of a group  or union  who  wish  to give 
up their  membership  may  do so only  after  a 
three-year  period  of  membership  following 
recognition  and  provided  they  inform  the group 
or union  of their  intention  at least  one  year 
before  they  leave.  Those  provisions  shall  apply 
without  prejudice  to  the  national  laws  or 
regulations  designed  to protect,  in specific  cases, 
the group  or union  or creditors  thereof  against 
the financial  consequences  which  might  arise 
from  a member  leaving,  and  to prevent  a member 
from  leaving  during  the budgetary  year; 
(f) have  the  necessary  legal  status  or  capacity 
according  to the provisions  of national  legislation 
to be subject  to rights  and  obligations; 
(g) include  in their  statutes  the  obligation  to keep 
separate  accounts  for  the  activities  in respect  of 
which  they  have  been  recognized; 
(h) refrain  from  occupying  a dominant  position  on 
the common  market  or on a substantial  part 
thereof. 
The authority  competent  to  recognize  producer 
groups  and  unions  thereof  shall  be the Member  State 
within  whose  territory  the  producer  group  or union 
has its registered  office. 4. Rules  for the application  of this  Article,  and  in 
particular  the  definition  of 'putting  on the  market' 
for the purposes  of paragraph  3 (a) and  (b),  and  rules 
concerning  the  condition  laid  down  in paragraph  3 
(c) shall  be adopted  according  to the  procedure 
provided  for in Article  27. 
Article  8 
1. Member  States  may  grant  aid  to recognized 
producer  groups  for three  years  following  the date  of 
their  recognition  as laid  down  in Article  13 (3),  to 
encourage  their  formation  and  to facilitate  their 
operation.  For  the  first,  second  and  third  years 
respectively,  the amounts  of such  aid may  not  exceed 
3 %, 2 % and  1 % of the  value  of the  products  put 
on the  market  and  to which  the  recognition  refers. 
The aid  must  not,  however,  exceed  during  the  first 
year 60 %, during  the second  year  40 % and  during 
the third  year  20 % of the administrative  costs  of the 
producer  group. 
The value  of products  marketed  shall  be calculated, 
for each  year,  on the basis  of: 
— the  average  output  marketed  by  member 
producers  during  the  three  calendar  years 
preceding  their  joining, 
— the  average  producer  prices  obtained  by those 
producers  during  the same  period. 
2. The  Council,  acting  by a qualified  majority  on a 
proposal  from  the  Commission,  shall  adopt  general 
rules  for the application  of this  Article. 
Detailed  rules  for the application  of this  Article  shall 
be laid  down  in accordance  with  the  procedure 
provided  for in Article  27. 
TITLE  III 
Support  measures 
Article  9 
At the  beginning  of each  marketing  year,  the 
Commission  shall  draw  up  a forward  estimate 
relating  to the  products  listed  in Article  1- (e) to 
determine  the  Community's  requirements  and 
resources,  including  foreseeable  imports  from  and 
exports  to non-member  countries. 
In order  to determine  the condition  laid  down  under 
(h), Member  States  shall  apply  the criteria  dictated  by 
Commission  practice  and  the  case  law  of the  Court 
of Justice. Article  10 
1. Private  storage  aid  may  be  granted  to 
recognized  producer  groups  in respect  of a product, 
17. 3. 76 Official  Journal  of the European  Communities No C 61/7 
listed  in Article  1 (e) and  produced  in the Community 
where  the  forward  estimate  for  the  marketing  year 
shows  that  supplies  of that  product  will  considerably 
exceed  requirements  for  that  marketing  year  of that 
product. 
2. The  granting  of private  storage  aid  shall  be 
subject  to a storage  declaration  made  by the producer 
group  to a body  designated  by the Member  State. 
3. The  amount  of the aid may  cover  only  technical 
storage  costs  and  set at a fixed  amount  representing 
interest. 
4. Products  shall  be stored  for a limited  period  to 
be determined. 
5. Decisions  concerning  the  granting  of  private 
storage  aid  shall  be taken  in accordance  with  the 
procedure  laid  down  in Article  27. 
Detailed  rules  for the application  of this  Article  shall 
be adopted  in accordance  with  the same  procedure. 
Article  11 
1. If,  at the  expiring  of the  storage,  period, 
marketing  difficulties  persist,  a decision  may  be 
taken,  in accordance  with  the procedure  provided  for 
in Article  27 and  after  examination  of the  products 
stored,  to  grant  producer  groups  aid  for  the 
dehydration  of the products  stored. 
2. Such  aid shall  be granted  only  on condition  that 
the dehydrated  product  is for use as animal  feed. 
3. The  quantities  of potatoes  which  may  be 
dehydrated,  the price  at which  they  shall  be delivered 
for dehydration  and  the  amount  of the  aid,  shall 
also be  fixed  in accordance  with  the  procedure 
provided  for in paragraph  1. 
These  provisions: 
(a) must  be such  as to ensure  that  the balance  of the 
market  in  dehydrated  fodder  will  not  be 
disturbed; 
(b) must  not  constitute  an  incentive  to  the 
production  of lower-quality  potatoes. 
4. Detailed  rules  for the application  of this  Article 
shall  be adopted  in accordance  with  the  procedure 
laid down  in Article  27. TITLE  IV 
Trade  with  non-member  countries 
Article  12 
1. In  order  obviate  disturbances  caused  by supplies 
from  non-member  countries  at  normal  prices, 
reference  prices  shall  be fixed  each  year  before  the 
beginning  of the marketing  season  for new  potatoes. 
2. These  prices,  which  shall  be valid  for the whole 
Community,  shall  be fixed  for a specified  period. 
3. The  reference  prices  shall  be fixed: 
— on the  basis  of the  average  of producer  prices  in 
each  Member  State  plus  the  amount  defined  in 
paragraph  5, 
— taking  into  account  the  average  trend  of market 
prices. 
4. Producer  prices  shall  correspond  to the  average 
of the prices  recorded  on the representative  market  or 
markets  situated  in the production  areas  where  prices 
are lowest,  during  the  three  years  prior  to the  date 
for fixing  the  reference  price,  for  a home-grown 
product  with  defined  commercial  characteristics, 
which  conform  to the  quality  standard  of Class 
Superior  and  to specified  requirements  as regards 
market  preparation. 
When  the  average  of prices  recorded  on  each 
representative  market  is being  calculated,  prices 
which  could  be  considered  excessively  high  or 
excessively  low  in  relation  to  normal  price 
fluctuations  on the market  shall  be disregarded. 
5. The  amount  referred  to in paragraph  3 shall  be 
based  on the  cost  of transporting  products  between 
the production  areas  and  the  representative 
Community  consumption  centres  for  the  marketing 
of home-grown  products  and  products  imported 
from  non-member  countries. 
Article  13 
1. The  Commission  shall,  on the  basis  of infor-
mation  supplied  by Member  States  or data  obtained 
by the Commission  itself,  regularly  follow  the trend  of 
average  prices  of  new  potatoes  originating  in 
non-member  countries  on  the  most  representative 
import  markets  of the  Member  States,  for a product 
No C 61/8 Official  Journal  of the European  Communities 17. 3. 76 
with  defined  commercial  characteristics,  for  each 
origin. 
2. An  entry  price  for  this  product  shall  be 
calculated  each  market  day  for  each  origin  on the 
basis  of prices  recorded  at,  or converted  to,  the 
wholesale  import  stage. 
3. The  entry  price  for a given  origin  shall  be equal 
to the lowest  representative  price  or to the average  of 
the lowest  representative  prices  recorded  for  at least 
30 % of the  quantities  from  the  origin  in question 
which  are marketed  on all the representative  markets 
for which  prices  are  available,  the  following  having 
previously  been  deducted  from  this  price  or these 
prices: 
— the  custom  duties  in the  Common  Customs 
Tariff, 
— any  countervailing  charges, 
— any  other  import  charges  the  incidence  of which 
is included  in the prices. 
4. However,  the  prices  of Community  products 
shall  also  be used  in calculating  the  entry  price  in 
cases  where: 
— large  quantities  of imports  are involved, 
— the  quantities  marketed  on representative  import 
markets  are  insignificant  in relation  to total 
imports. 
The Council,  acting  by a qualified  majority  on a 
proposal  from  the  Commission,  shall  adopt  general 
rules  for the implementation  of this  paragraph. 
Article  14 
1. If  the entry  price  of a product  originating  from 
a non-member  country  remains  at least  0-5  unit  of 
account  below  the reference  price  for two  consecutive 
market  days,  a countervailing  charge  shall  be 
introduced  in respect  of the  origin  in question,  save 
in exceptional  circumstances.  This  charge  shall  be 
equal  to the  difference  between  the  reference  price 
and the average  of the last  two  entry  prices  available 
for that  origin,  hereinafter  called  the  average  entry 
price.  This  average  entry  price  shall  then  be calculated 
each  market  day  for each  origin  until  such  time  as the 
charge  is withdrawn  in respect  of that  origin. 
2. Where  it would  be appropriate  under  the  fore-
going  provisions  to apply  a countervailing  charge in respect  of several  origins  for the same  product  and 
the same  period,  a single  charge  shall  be applied  in 
respect  of these  countries  of origin  unless  the  entry 
prices  for  one  or  more  of these  countries  are 
abnormally  low  in relation  to entry  prices  recorded 
for the  other  country  or countries  of origin  in 
question.  Where  the  same  charge  is applied  in 
respect  of several  origins,  the  amount  of the  charge 
shall  be equal  to the difference  between  the reference 
price  and  the  average  of the  average  entry  prices  for 
each  origin  in question  in accordance  with  the 
provisions  of the preceding  paragraph. 
3. The  countervailing  charge,  which  shall  be the 
same  for  all  Member  States  shall  be  levied  in 
addition  to the customs  duties  in force. 
Article  IS 
1. When  it is noted  that  during  a period  of five  to 
seven  successive  market  days  entry  prices  for a given 
product  from  a given  origin  are alternately  above  and 
below  the  reference  price,  even  when  during  two 
consecutive  market  days  the entry  prices  are above  or 
below  the  reference  price  without  this  having  led to 
Article  14  being  applied,  a countervailing  charge 
shall,  notwithstanding  the  provisions  of that  Article 
and subject  to  conditions  set  out  below,  be 
introduced  in respect  of the origin  concerned,  save  in 
exceptional  circumstances. 
The charge  shall  be introduced  when: 
— three  entry  prices  fall  below  the  references  price, 
and 
— on condition  that  one  of these  entry  prices  is at 
least  0-5  unit  of account  below  the  reference 
price. 
This  charge  shall  be equal  to the  difference  between 
the reference  price  and  the  last  available  entry  price 
price  at least  0-5 unit  of account  below  the reference 
price. 
2. Article  14 (2)  shall  not  apply  to the  chiarges 
introduced  in implementation  of paragraph  1 of this 
Article. 
3. The  countervailing  charge  introduced  in 
implementation  of paragraph  1 of this  Article,  which 
shall  be the  same  for  all Member  States,  shall  be 
levied  in addition  to the customs  duties  in force. 
17. 3.76 Official  Journal  of the  European  Communities No C 61/9 
Article  16 
1. The  charge  introduced  in implementation  of 
Article  14 shall  not be altered  so long  as: 
— the  variation  of the factors  in its calculation  does 
not lead,  after  it is put into  effect,  to an alteration 
of its amount  by more  than  1-0  unit  of account 
for three  consecutive  market  days, 
— the  regrouping  of countries  of origin  does  not 
become  necessary. 
A decision  to withdraw  the charge  for a given  origin 
shall  be taken  when  the entry  price  has  been  at least 
equal  to the  reference  price  for  two  consecutive 
market  days.  This  decision  shall  also  be taken  if there 
are no  prices  in respect  of that  origin  for  six 
consecutive  working  days,  except  where  Article  13 
(4) applies,  or if application  of the  first  indent  of 
paragraph  1 leads  to the charge  being  fixed  at zero. 
2. The  charge  introduced  in implementation  of 
Article  15 shall  be applied  for six days. 
It may  not  be withdrawn  before  the  end  of that 
period  unless: 
— the  application  of Article  14 (1) and,  should  the 
occasion  arise,  Article  13 (4) leads  to the fixing  of 
a new,  higher  countervailing  charge,  or 
— the  entry  price,  for three  consecutive  market  days 
after  the charge  is put into  effect,  is at least  equal 
to the reference  price. 
Article  17 
1. The  following  shall  be determined  in accordance 
with  the procedure  laid  down  in Article  27: 
— detailed  rules  for  the  application  of Articles  12, 
13, 14, 15 and  16, 
— the  reference  prices. 
2. A  decision  to introduce,  alter  or withdraw  the 
charge  shall  be taken  in accordance  with  the  same 
procedure. 
However,  between  regular  meetings  of  the 
Management  Committee,  these  measures  shall  be 
adopted  by the  Commission.  In that  event  they  shall 
be valid  until  such  time  as any  measures  adopted  in 
accordance  with  the  procedure  laid  down  in Article 
27 enter  into  force. Article  18 
1. To  the  extent  necessary  to enable  the  products 
listed  in Article  1 to be exported  on the  basis  of 
quotations  or prices  for those  products  on the world 
market,  the  difference  between  those  quotations  or 
prices  and  prices  in the  Community  may  be covered 
by an export  refund. 
2. The  refund  shall  be the  same  for  the  whole 
Community.  It may  be varied  according  to use  or 
destination. 
The refund  shall  be granted  on application. 
When  the  refund  is being  fixed  particular  account 
shall  be taken  of the  need  to establish  a balance 
between  the use  of Community  basic  products  in the 
manufacture  of processed  goods  for  export  to 
non-member  countries  and  the  use  of non-member 
country  products  brought  in  under  inward 
processing  arrangements. 
Refunds  shall  be  fixed  at regular  intervals  in 
accordance  with  the  procedure  laid  down  in Article 
27. 
Where  necessary  the Commission  may,  at the request 
of a Member  State  or on its own  initiative,  alter  the 
refunds  in the intervening  period. 
3. The  amount  of the  refunds  applicable  to the 
export  of products  listed  in Article  1 shall  be that 
applicable  on the day  of exportation. 
4. The  Council,  acting  by a qualified  majority  on a 
proposal  from  the  Commission,  shall  adopt  general 
rules  for  granting  export  refunds  and  criteria  for 
fixing  the amount  of such  refunds. 
5. Detailed  rules  for the application  of this  Article 
shall  be adopted  in accordance  with  the  procedure 
laid down  in Article  27. 
Article  19 
To the extent  necessary  for the proper  working  of the 
common  organization  of the  market  in potatoes,  the 
Council,  acting  by a qualified  majority  on a proposal 
from  the  Commission,  may  prohibit  in whole  or in 
part the  use  of inward  processing  arrangements  in 
respect  of products  listed  in Article  1 which  are 
intended  for  the  manufacture  of products  listed  in 
that Article. 
Article  20 
1. The  general  rules  for  the  interpretation  of the 
Common  Customs  Tariff  and  the special  rules  for its 
No C 61/10 Official  Journal  of the European  Communities 17. 3. 76 
application  shall  apply  to the  tariff  classification  of 
products  covered  by  this  Regulation;  the  tariff 
nomenclature  resulting  from  application  of  this 
Regulation  shall  be incorporated  in the  Common 
Customs  Tariff. 
2. Saving  Community  provisions  to the  contrary 
and to exceptions  decided  upon  by  the  Council, 
acting  by a qualified  majority  on a proposal  from  the 
Commission, 
— the  levying  of any  customs  duty  or charge  having 
equivalent  effect, 
— the  application  of any  quantitative  restriction  or 
measure  having  equivalent  effect, 
on imports  from  non-member  countries  of the 
products  referred  to in Article  1 shall  be prohibited. 
TITLE  V 
General  provisions 
Article  21 
Save  as otherwise  provided  in this  Regulation, 
Articles  92 to 94 of the  Treaty  shall  apply  to the 
production  of and  trade  in the  products  listed  in 
Article  1. 
Article  22 
1. If,  for  one  or more  products  referred  to in 
Article  1, it appears  from  the forward  estimates,  the 
state  of stocks  or the  persistence  on the  world  or 
Community  market  of standing  abnormally  high 
prices,  that  the  Community  market  is disturbed  or 
threatened  with  disturbance,  the  appropriate 
measures  may  be taken. 
2. The  Council,  acting  by a qualified  majority  on a 
proposal  from  the  Commission,  shall  adopt  general 
rules  for the application  of this  Article. 
3. Detailed  rules  for the application  of this  Article 
shall  be adopted  in accordance  with  the  procedure 
laid down  in Article  27. 
Article  23 
1. If  by  reason  of  imports  or  exports,  the 
Community  market,  in one  or more  of the  products 
listed  in Article  1, experiences  or is threatened  with 
serious  disturbances  which  may  endanger  the  op-
jectives  set out in Article  39 of the Treaty,  appropriate 
measures  may  be applied  in trade  with  non-member 
countries  until  such  disturbance  or  threat  of 
disturbance  has ceased. The Council,  acting  by a qualified  majority  on a 
proposal  from  the Commission,  shall  adopt  rules  for 
the application  of this  paragraph  and  define  the cases 
in which  and  the  limits  within  which  Member  States 
may take  protective  measures. 
2. If  the situation  mentioned  in paragraph  1 arises, 
the Commission  shall,  at the  request  of a Member 
State  or on  its  own  initiative,  decide  upon  the 
necessary  measures;  the  measures  shall  be 
communicated  to the  Member  States  and  shall  be 
immediately  applicable.  If the Commission  receives  a 
request  from  a Member  State,  it shall  take  a decision 
thereon  within  24  hours  following  receipt  of the 
request. 
3. The  measures  decided  upon  by the Commission 
may be referred  to the Council  by any  Member  State 
within  three  working  days  following  the  day  on 
which  they  were  communicated.  The  Council  shall 
meet  without  delay.  It may,  acting  by a qualified 
majority,  amend  or repeal  the measures  in question. 
Article  24 
1. The  provisions  laid  down  by Regulation  on the 
financing  of the  common  agricultural  policy  shall 
apply  to the  market  in the  products  referred  to in 
Article  1. 
2. 50  % of the  aid  granted  by the  Member  States 
under  Article  8 (1)  shall  be  reimbursed  by  the 
Guidance  Section  of  the  European  Agricultural 
Guidance  and  Guarantee  Fund. 
The Council,  acting  by a qualified  majority  on a 
proposal  from  the Commission,  shall  adopt  detailed 
rules  for the application  of this  paragraph. 
Article  25 
1. Member  States  and  the  Commission  shall 
communicate  to each  other  the information  necessary 
for applying  this  Regulation.  Detailed  rules  for  the 
communication  and  distribution  of such  information 
shall  be adopted  in accordance  with  the  procedure 
laid down  in Article  27. 
2. Member  States  shall  notify  the Commission  of 
provisions  laid  down  by  law,  regulation  or 
administrative  action  pursuant  to this  Regulation  not 
later  than  one  month  after  adoption  thereof. 
Article  26 
1. A  Management  Committee  for  Potatoes 
(hereinafter  called  the  'Committee')  shall  be 
17. 3. 76 Official  Journal  of the European  Communities No C 61/11 
established,  consisting  of representatives  of Member 
States  and  presided  over  by a representative  of the 
Commission. 
2. Within  the  Committee  the  votes  of Member 
States  shall  be weighted  in accordance  with  Article 
148 (2) of the Treaty.  The  chairman  shall  not vote. 
Article  27 
1. Where  the procedure  laid  down  in this  Article  is 
to be followed,  the chairman  shall  refer  the matter  to 
the Committee  either  on his own  initiative  or at the 
request  of the representative  of a Member  State. 
2. The  representative  of the  Commission  shall 
submit  a draft  of the  measures  to be taken.  The 
Committee  shall  deliver  its opinion  on such  measures 
within  the  time  limit  to be set  by the  chairman 
according  to the  urgency  of the  questions  under 
consideration.  An  opinion  shall  be adopted  by a 
majority  of 41 votes. 
3. The  Commission  shall  adopt  measures  which 
shall  apply  immediately.  However,  if these  measures 
are not  in accordance  with  the  opinion  of the 
Committee,  they  shall  forthwith  be communicated  by 
the Commission  to the  Council.  In that  event,  the 
Commission  may  defer  application  of the  measures 
which  it has  adopted  for not  more  than  one  month 
from  the date  of such  communication. Article  31 
In Article  1 of Regulation  (EEC)  No  865/68  the 
descriptions  relating  to subheadings  ex 07.02,  ex 
07.03,  ex 07.04,  ex 20.01  and  ex 20.02  are amended 
as follows: 
CCT  heading  No Description 
ex 07.02 Vegetables  (excluding  olives  and 
potatoes),  whether  or not  cooked, 
preserved  by freezing 
ex 07.03 Vegetables  (excluding  olives  and 
potatoes)  provisionally  preserved 
in brine,  in sulphur  water  or in 
other  preservative  solutions,  but 
not specially  prepared  for immedi-
ate consumption 
ex 07.04 Dried,  dehydrated  or evaporated 
vegetables  (excluding  olives  and 
potatoes),  whole,  cut,  sliced, 
broken  or in powder,  but  not 
further  prepared 
ex 20.01 Vegetables  (excluding  potatoes) 
and fruit  prepared  or preserved  in 
vinegar  or acetic  acid,  with  or 
without  salt,  spices,  mustard  or 
sugar 
ex 20.02 Vegetables  (excluding  potatoes) 
prepared  or  preserved  without 
vinegar  or acetic  acid 
Article  28 
The Committee  may  consider  any  other  question 
referred  to it by its chairman  either  on his  own 
initiative  or at the request  of the representative  of a 
Member  State. 
Article  29 
The Common  Customs  Tariff  is amended  as shown 
in the Annex. 
Article  30 
Subheading  07.01  A III b) is inserted: 
— in columns  1 and  3 of Annex  I to Regulation 
(EEC)  No 1439/74, 
— in the Annex  to Regulation  (EEC)  No 109/70  in 
respect  of all the  countries  mentioned  in that 
Annex. Article  32 
1. Article  1 of Regulation  (EEC)  No  1067/74  is 
amended  as follows: 
'A common  organization  of  the  market  in 
dehydrated  fodder  shall  be established  and  shall 
cover  the following  products: 
CCT  heading  No Description  of goods 
ex 12.10  B Lucerne,  sainfoin,  clover,  lupines, 
vetches,  and  similar  forage 
products,  dehydrated  by artificial 
heat-drying,  except  hay  and  forage 
kale and  products  containing  hay' 
2. Article  2 is amended  as follows: 
'The  marketing  year  for the products  mentioned 
in Article  1 shall  begin  on 1 April  of each  year 
and end  on 31 March  of the following  year'. 
No C 61/12 Official  Journal  of the  European  Communities 17. 3. 76 
Article  33 
This  Regulation  shall  be so applied  that  appropriate 
account  is taken,  at the  same  time,  of the  objectives 
set out in Articles  39 and  110  of the Treaty. rise to substantial  difficulties,  such  measures  shall  be 
adopted  in accordance  with  the procedure  laid  down 
in Article  27. They  shall  be applicable  until  31 July 
1977  at the latest. 
Article  34 
Should  transitional  measures  be necessary  to facilitate 
the transition  from  the  system  in force  within  the 
Community  and  in Member  States  to that  established 
by this  Regulation,  in particular  if the introduction  of 
the new  system  on the  date  provided  for would  give Article  35 
This  Regulation  shall  enter  into  force  on . . . 
It shall  be applicable  until  . . . 
This  Regulation  shall  be binding  in its entirety  and 
directly  applicable  in all Member  States. 
ANNEX 
Amendment  to the Common  Customs  Tariff 
In Chapter  7, paragraph  1 of the additional  note  and  subheading  07.01  A are amended  as 
follows: 
Additional  Notes 
1. For the purposes  of subheadings  07.01  A II a) and  07.01  A II b), 'new  potatoes'  means 
potatoes  harvested  usually  before  full  maturity,  whose  skin  may  easily  be removed  by 
friction. 
Rate  of duty 
CCT 
heading 
No Description autonomous 
% 
or levy 
(L) conventional 
% 
1 2 3 4 
07.01 A. Potatoes: 
I. Seed  potatoes  (a) 10 9 
II. New  potatoes: 
a) From  1 January  to 31 March 15 — 
b) From  1 April  to 31 July 21 — 
III. Other: 
a) For  the manufacture  of 
starch  (a) 9 
b) Other 18 — 
(a) Entry  under  this  subheading  is subject  to conditions  to be determined  by the  competent  authorities.