CELEX: 51973PC1966
Language: en
Date: 1973-11-22
Title: Proposal for a COUNCIL REGULATION (EEC) concerning the use to be made of inward processing arrangements in trade in goods covered by Regulation (EEC) No 1059/69 between Member States of the Community as originally constituted and the new Member States and between the new Member States themselves (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1966
Vol. 1973/0348
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUMTIES
                                    COM(73)1966 final
                                    Brussels , 22 November 1973
                             Proposal for a
                        COUNCIL REGULATION ( EEC )
          concerning the use to be made of inward processing
          arrangements in trade in goods covered by Regulation
          ( EEC ) No 1059/69 between Member States of the
         Community as originally constituted and the new Member
          States and between the new Member States themselves
              ( submitted to the Council by the Commission)
   COM(73 ) 1966 final
 ---pagebreak--- Explanatory Note
           The inward processing system can prove to be economically-
justified in trade in goods covered by Regulation (EEC ) Ho 1059/69 between
the " Six" and the new Member States and between the new Member States
themselves , so long as for the&e goods charges applicable to this trade ,
provided for by Article 47 of "the Act of Accession , remain in force .
          These charges consist of two components , a "Fixed" component ,
intended to ensure the protection of the processing industry , and a
"variable" component intended to compensate the differences between world
prices and the Community prices of the agricultural produce used.
          IIow, as far as the variable component is concerned , there is a
basic incompatibility between the use of the inward processing system and
the application of a price-regulating mechanism .
          This draft regulation is intended :
          - on the one hand to lead to the prohibition of inward processing
             arrangements which result in distortion of the price regulation
             mechanisms of the Common Agricultural Policy , and under
             Regulation (EEC ) No 1059/69
          - on the other hand , to permit only those inward processing
             arrangements \\rhich do not distort these mechanisms , so long as
             customs duties or components intended to ensure the protection
             of the processing industry rema5ja in force .
 ---pagebreak---                                       .  Proposa! for a
                          COUNCIL REGULATION (EEC ) ; :
                     concerning the use to be made of inward processing
                     arrangements in trade in goods covered by Regulation
                     (EEC ) NO 1059/^9 between Member States of the
                     Community as originally constituted and the new Member
                     States and between the new Member States themselves
    THE COUNCIL OP THE EUROPEAN; COMMUNITIES ,
    Having regard to the Treaty establishing the European Economic Community;
    Having regard to the Treaty ( l ) concerning the accession of new Member
    States to the European Economic Community and to the European Atomic
    Energy Community, signed at Brussels on 22 January 1972 , and in particular
    Article 47 ( 5 )         Act ( 2 ) hereinafter referred to as "Act" annexed
    thereto ;
    Having regard to the proposal from the Commission ;
    Whereas "for as long as customs duties or components intended to ensure the
    protection of the processing industry still apply to trade/goods covered
    by Regulation (EEC) No 1059/69 ( 3 )» as last amended by Regulation (EEC) No
    1491/73 (4) between Member States of the Community as originally
    constituted and the new Member States and between the new Member States
    themselves , it may be economically justifiable to process or work under
    invrard processing arrangements products of every kind and, subject to the
    provisions made in virtue of Article 45 of the Act , to admit the
    compensating product , which is subject to customs duties or to a protective
    component , to free circulation :
                                                                           ••/ • •
1 ) 0J No L 73 of 27.3.1972 ,. p. 5              (4 ) 0J No L 151 of 7.6.1973 , P.1
2 ) 0J No L 73 of 27.3.1972 , p. 14
3) 0J No L 141 of 12.6.1969, p.1
 ---pagebreak--- Whereas to enable such operations to be carried out , special provisions
should be adopted, to be applicable during the period concerned;
Whereas during the period referred to above compensating products may be
manufactured or assembled from products imported from another Member State
which fulfil one of the conditions referred to in Article 9 ( 2 ) of the
Treaty ;  whereas when these compensating products are liable to     •
compensatory amounts in trade between Member States the result is that
price regulation no longer has any effect ; • whereas it is important
therefore to prohibit the admission of such compensating products to free
circulation ;
HAS ADOPTED THIS REGULATION :
                                  Article    1
For the purposes of this Regulation the Member . States of the , Community as ,
originally constituted shall be regarded , as a single Member State .
                                  Article    2
1.        It shall be prohibited , as long as the system of compensatory
amounts provided for in Article 47 0 ) of the Act of Accession is applied,
to export from one. Member State to another goods covered by Regulation
(EEC ) No 1059/69 which have been manufactured or obtained from basic products
or assimilated products , or processed products not subject in the exporting
Member State to either : ,
–  compensatory amounts , as provided for in Article 47 of the Act of
   Accession;                       ....                                 .-
– charge applicable to them in virtue . of Article 10 ( 2 ) of Regulation
   (EEC ) No 1059/69                .
–  levies- or other amounts or taxes , „ as provided for under the common ... .
   agricultural policy .
 ---pagebreak--- 2.        Notwithstanding the provisions of Article 10 ( 2 ; of Regulation
(EEC ) HO 1059/69 , where the levy includes a component intended to ensure
the protection of the processing industry paragraph 1 shall not apply in
respect of such component for as long as customs duties "between Member
States or components intended to ensure the protection of the processing
industry remain in force .
                                                              I
                                   Article  3
This Regulation shall e.nter - into force on the day of its publication in
the Official Journal of the European Communities .
It shall apply from 1 January 1974
 J
This Regulation shall be binding in its
entirety and directly applicable in all Member
States .
Done at Brussels .                    1973                 For the Council
                                                           The President