Proposal for a COUNCIL REGULATION repealing Regulation (EEC) No 3448/80 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
Date: 2010-12-17
Institutions: European Commission
Subjects: agricultural product, export (EU), monetary compensatory amount, third country, trading operation

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EUROPEAN COMMISSION 

Brussels, 17.12.2010 
COM(2010) 751 final 

Proposal for a 

COUNCIL REGULATION 

repealing Regulation (EEC) No 3448/80 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  

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EXPLANATORY MEMORANDUM 

A number of acts which were adopted over the last decades have exhausted all their effects, 
but  remain  technically  into  force.  They  have  become  obsolete  because  of  their  temporary 
character  or  because  their  content  has  been  taken  up  by  successive  acts.  Several  measures 
linked  to  the  accession  of  new  Member  States  have  become  obsolete  following  their 
accession. The European  Parliament,  the Council and the Commission agreed in their inter-
institutional agreement on better law making that Union law should be updated and condensed 
by  repealing  acts  which  are  no  longer  applied.1  Acts  which  have  no  continued  relevance 
should be removed from the 'Union acquis', in order to improve transparency and certainty of 
Union law.  

The  Commission  has  carried  out  several  exercises  to  remove  obsolete  legislation  from  the 
acquis,  mostly  by  declaring  the  relevant  Commission  acts  obsolete.  Most  recently,  the 
Commission  declared  some  250  agricultural  acts  obsolete,  some  other  agricultural  acts  and 
some 60 acts in the area of trade in processed agricultural products will be declared obsolete 
soon.2  

The  Commission  identified  a  Council  act  in  the  area  of  trade  in  goods  resulting  from  the 
processing of agricultural products, which is based upon Article 43 of the 1979 accession act, 
which  has  exhausted  all  practical  effects,  but  is  formally  still  in  force.  It  is  not  within  the 
Commission's  powers  to  declare  acts  obsolete  which  were  adopted  by  the  Council.  In  the 
interest of legal certainty, the Commission suggests that the act listed in this proposal shall be 
repealed by the Council.  

This  proposal  concerns  the  repeal  of  Council  Regulation  (EEC)  No  3448/1980  that 
implemented  Article  43  of  the  1979  Act  of  Accession  (Accession  of  Greece  to  the  EC) 
concerning the system of trade applicable to processed agricultural products outside annex I to 
the Treaty. This Regulation provided for transitional measures for trade in such Non Annex I 
Goods  between  the  EC  of  Nine  and  Greece.  While  Greece  is  a  full  Member  now,  this 
regulation has become obsolete and should be repealed. 

The  present  proposal  is  similar  to  that  foreseen  for  obsolete  agricultural  acts  in  the 
Simplification  Rolling  Programme  adopted  in  the  framework  of  the  implementation  of  the 
Commission's strategy for simplification of the regulatory environment, as updated recently - 
document  COM  (2008)  712  Annex  2  to  the  2009  Commission's  Legislative  and  Work 
Programme. 

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OJ C 321, 31.12.2003, p. 1. 
OJ C 30, 6.2.2009, p. 18. 

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Proposal for a 

COUNCIL REGULATION  

repealing Regulation (EEC) No 3448/80 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 UNION, 

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

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

Improving  the  transparency  of  Union  law  is  an  essential  element  of  the  better 
lawmaking  strategy  that  Union  institutions  are  implementing.  In  that  context  it  is 
appropriate  to  remove  from  active  legislation  those  acts  which  no  longer  have  real 
effect. 

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  3035/803 
provided  for  transitional  measures  for  trade  of  Non  Annex  I  Goods  between  the  EC 
and Greece between 1 November 1981-and 31 July 1982. While Greece is a full Member 
now,  that  regulation  has  become  without  subject  and  thus  obsolete,  and  should 
consequently be withdrawn from the active “Union acquis” 

(3) 

For  reasons  of  legal  certainty  and  clarity,  Regulation  (EEC)  No  3448/80  should  be 
repealed, 

HAS ADOPTED THIS REGULATION: 

Regulation (EEC) No 3448/1980 is repealed.  

Article 1 

Article 2 

This Regulation shall enter into force on the third day following that of its publication in the 
Official Journal of the European Union. 

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OJ L 359, 31.12.1980, p.18. 

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

Done at Brussels,  

For the Council 
The President 

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