PRICE , FIXED AT A LEVEL BELOW THAT OF THE NORM PRICE , MUST REPRESENT THE MINIMUM PRICE AT WHICH PRODUCERS DISPOSE OF THEIR PRODUCTS ; WHEREAS , THEREFORE , THE INTERVENTION AGENCIES MUST BE OBLIGED TO BUY IN AT THE INTERVENTION PRICE ALL TOBACCO WHICH IS OFFERED TO THEM BY PRODUCERS ;
WHEREAS , IN ORDER TO PRESERVE THE FREEDOM OF CONTRACT IN THE MARKET FOR THE PRODUCTS IN QUESTION AND TO ALLOW PRODUCERS TO OBTAIN A HIGHER PRICE THAN THE GUARANTEED INTERVENTION PRICE , IT IS NECESSARY TO ENCOURAGE PURCHASES BY USERS DIRECT FROM PRODUCERS AT A PRODUCTION PRICE AS NEAR AS POSSIBLE TO THE NORM PRICE ;
WHEREAS TO THIS END A PREMIUM SHOULD BE GRANTED TO USERS WHO PURCHASE DIRECT FROM THE PRODUCER ; WHEREAS THIS PREMIUM SHOULD PERMIT THE COMMUNITY TOBACCO THUS PURCHASED TO BE MARKETED UNDER NORMAL CONDITIONS OF COMPETITION ;
WHEREAS THE PREMIUM SHOULD BE GRANTED ALSO TO PRODUCERS WHO THEMSELVES CARRY OUT THE FIRST PROCESSING AND MARKET PREPARATION OF THEIR CROP ;
WHEREAS THE DISPOSAL OF TOBACCO HELD BY THE INTERVENTION AGENCIES SHOULD BE SO ORGANISED AS TO AVOID ANY DISTURBANCE OF THE MARKET AND TO ENSURE EQUAL ACCESS FOR ALL PURCHASERS ;
WHEREAS THE PROPOSED PRICE AND INTERVENTION MEASURES MAKE IT POSSIBLE TO ENVISAGE AN IMPORT SYSTEM LIMITED TO THE APPLICATION OF THE COMMON CUSTOMS TARIFF ; WHEREAS THE LATTER , PURSUANT TO THE TREATY , APPLIES AUTOMATICALLY AS FROM 1 JANUARY 1970 ;
WHEREAS THESE MEASURES TAKEN TOGETHER WILL MAKE IT POSSIBLE TO DISPENSE WITH ALL QUANTITATIVE RESTRICTIONS AT THE EXTERNAL FRONTIERS OF THE COMMUNITY ; WHEREAS , HOWEVER , THIS MACHINERY MAY IN EXCEPTIONAL CIRCUMSTANCES PROVE DEFECTIVE ; WHEREAS , IN SUCH CASES , SO AS NOT TO LEAVE THE COMMUNITY MARKET WITHOUT DEFENCE AGAINST DISTURBANCES WHICH MAY ARISE THEREFROM AFTER THE IMPORT BARRIERS WHICH EXISTED PREVIOUSLY HAVE BEEN REMOVED , THE COMMUNITY SHOULD BE ENABLED TO TAKE ALL NECESSARY MEASURES WITHOUT DELAY ;
WHEREAS IN ORDER TO PERMIT THE COMMUNITY TO PARTICIPATE IN INTERNATIONAL TRADE IN RAW TOBACCO , PROVISION SHOULD BE MADE FOR THE PAYMENT OF AN EXPORT REFUND ;
WHEREAS FROM 1 JANUARY 1970 THE LEVYING OF ANY CUSTOMS DUTY OR TAX HAVING EQUIVALENT EFFECT AND THE APPLICATION OF ANY QUANTITATIVE RESTRICTION OR MEASURE HAVING EQUIVALENT EFFECT ARE AUTOMATICALLY PROHIBITED IN INTRA-COMMUNITY TRADE BY THE PROVISIONS OF THE TREATY ; WHEREAS , FURTHERMORE , THE ESTABLISHMENT OF A COMMON ORGANISATION OF THE MARKET IN RAW TOBACCO INVOLVES THE ABOLITION OF ANY TAX HAVING EFFECT EQUIVALENT TO CUSTOMS DUTY AND ANY QUANTITATIVE RESTRICTION OR MEASURE HAVING EQUIVALENT EFFECT WHICH FORMED PART OF A NATIONAL ORGANISATION OF THE MARKETS IN THIS SECTOR ; WHEREAS , THERE BEING NO MINIMUM PRICES ON 31 DECEMBER 1969 , RECOURSE TO ARTICLE 44 OF THE TREATY IS AUTOMATICALLY EXCLUDED FROM 1 JANUARY 1970 :
WHEREAS THE EFFECTIVENESS OF ALL THESE MEASURES GOVERNING THE COMMON ORGANISATION OF THE MARKET IN RAW TOBACCO WOULD BE JEOPARDISED BY THE GRANTING OF CERTAIN AIDS ON THE