CELEX: 31974R1070
Language: en
Date: 1974-04-29 00:00:00
Title: Regulation (EEC) No 1070/74 of the Council of 29 April 1974 amending Regulation (EEC) No 224/73 laying down general rules concerning the components designed to ensure, within the cereals and rice sectors, the protection of the processing industry, and fixing those components in respect of the new Member States

No L 120/ 10                          Official Journal of the European Communities                                 1 . 5 . 74
                             REGULATION (EEC) No 1070/74 OF THE COUNCIL
                                                     of 29 April 1974
              amending Regulation ( EEC) No 224/73 laying down general rules concerning the
              components designed to ensure, within the cereals and rice sectors, the protec­
              tion of the processing industry, and fixing those components in respect of the
                                                    new Member States
THE COUNCIL OF THE EUROPEAN                                      component was levied on 1 January 1972 on the
COMMUNITIES,                                                     abovementioned trade , allowance should be made for
                                                                 this fact by supplementing Article 3 of Regulation
Having regard to the Treaty establishing the European            ( EEC) No 224/73 ;
Economic Community ;
                                                                 Whereas in order to preclude possible deflection of
Having regard to the Treaty concerning the Accession             trade, it should be specified that those products on
of new Member States to the European Community                   which no fixed component has been levied must origi­
and to the European Atomic Energy Community, and                 nate in the Member States involved ;
in particular Articles 61(2) and 62 of the Act (')
annexed thereto ;                                                Whereas on 1 January 1972 Ireland applied no fixed
                                                                 component to imports of products falling within
Having regard to the proposal from the Commission ;              Tariff subheading No 17.02 B I a) ; whereas the appli­
                                                                 cation of Council Regulation No 1 89/66/ EEC (3) of 24
Whereas the first indent of Article 1 (3) of Council             November 1966 on glucose and lactose, which makes
Regulation (EEC) No 224/73 (2) of 31 January 1973                products falling within tariff subheading No 17.02 B I
laying down general rules concerning the components              subject to the same treatment as products falling
designed to ensure, within the cereals and rice sectors,         within subheading No 17.02 B II, is making it very
the protection of the processing industry, and fixing            difficult to obtain supplies of these products in
those components in respect of the new Member                     Ireland, since, having previously levied no fixed
States, specifies that as regards imports into the new           component on imports, the country has moved
Member States from third countries, the former are to            directly to a system involving the levy of a large
determine the fixed components, adjusted in accor­               component ; whereas this is contrary to the Act of
dance with Article 59 (2) of the Act of Accession ;              Accession , which provides that the new Member
whereas it should be established what fixed compo­               States are to align gradually with the Community level
nents are to be levied in the new Member States on                from the situation existing prior to accession ; whereas
imports from third countries if the Community fixed               it should therefore be recognized that the application
                                                                 of Article 61 of the Act of Accession should result in
component is altered or suspended ; whereas Article
39 (2) of the Act of Accession , which specifies what             a suspension of Regulation No 1 89/ 66/ EEC in this
action may be taken if Common Customs Tariff                      instance during the transitional period ; whereas there
duties are altered or suspended, should be applied by             are no technical difficulties for Ireland in applying
analogy ;                                                         different import treatment as regards fixed compo­
                                                                  nents according to whether the products concerned
                                                                  fall within tariff subheading No 17.02 B I or No 1.7.02
Whereas    Article 3 of Regulation (EEC) No 224/73                B II ,
specifies the circumstances in which no fixed compo­
nent is     collected ; whereas, prior to accession ,
pursuant   to the bilateral Anglo-Danish Agreement of
8 April 1960 concluded within the framework of the
                                                                  HAS ADOPTED THIS REGULATION :
 European Free Trade Association and the Protocol of
 II May 1963 contained therein, no fixed component
was levied on malt in trade between the United
 Kingdom and Denmark ; whereas Article 61 (2) of the                                          Article 1
Act of Accession rules that the fixed component is to
be determined for the new Member States by sepa­                  The following subparagraph shall be added to the first
rating out from the total protection applied by the               indented subparagraph of Article 1 (3) of Regulation
new Member States on 1 January 1972 on imports                    ( EEC) No 224/73 :
from third countries the component or components
designed to ensure the protection of their processing                   ' If the Community fixed component is altered or
industry ; whereas in view of the fact that no fixed                    suspended, the new Member States shall simultane­
                                                                        ously alter or suspend the basic fixed component
(') OJ No L 73, 27. 3 . 1972, p. 14.
(2) OJ No L 27, 31 . 1 . 1973, p. 8 .                             (3 ) OJ No 218 , 28 . 11 . 1966, p . 3713 / 66 .
 ---pagebreak--- 1 . 5 . 74                          Official Journal of the European Communities                       No L 120 / 11
     applicable to imports from third countries to the                                 Article J
     extent envisaged under Article 59 (2) of the Act
                                                              The following shall be added to footnote 1 to the
                         Article 2                            Annex to Regulation (EEC) No 224/73 :
The following shall be substituted for the text of                ' However, the fixed component applicable to
Article 3 of Regulation (EEC) No 224/73 :                         imports into Ireland of products falling within
     ' No fixed component shall be levied :                       tariff subheading No 17.02 B I a) is fixed at zero ;
                                                                  for subsequent marketing years this component
     (a) on the importation into the United Kingdom
                                                                  shall be adjusted, in respect of imports from third
         of the products referred to in Article 1 (2)             countries, in accordance with Article 59 (2) of the
         which come from and originate in Ireland ;               Act .'
     (b) on the importation into Ireland of malt and
         products falling within subheading No 23.07
         ex B, of the Common Customs Tariff, desig­
                                                                                       Article 4
         nated as "balancer meals , mineral mixtures and
         concentrates", coming from and originating in
         the United Kingdom ;                                 This Regulation shall enter into force on the day of its
     (c) in trade between the United Kingdom and              publication in the Official Journal of the European
         Denmark in malt, whether roasted or not,              Communities.
         falling within heading No 11.07 of the
         Common Customs Tariff and originating in             However, Articles 2 and 3 shall be applicable from 1
         those Member States .'                               February 1973 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Luxembourg, 29 April 1974.
                                                                           For the ' Council
                                                                            The President
                                                                               J. ERTL \