CELEX: 31975R1927
Language: en
Date: 1975-07-22 00:00:00
Title: Regulation (EEC) No 1927/75 of the Council of 22 July 1975 concerning the system of trade with third countries in the market in products processed from fruit and vegetables

29 . 7. 75                                Official Journal of the European Communities                          No L 198/7
                                 REGULATION (EEC) No 1927/75 OF THE COUNCIL
                                                          of 22 July 1975
                concerning the system of trade with third countries in the market in products
                                              processed from fruit and vegetables
THE COUNCIL OF THE EUROPEAN                                         not left completely exposed to the disturbances which
COMMUNITIES,                                                        might result, the means should be provided for appro­
                                                                    priate action to be taken as quickly as possible,
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 43
thereof ;
 Haying regard to Council Regulation (EEC) No                       HAS ADOPTED THIS REGULATION :
865/68 (*) of 28 June 1968 on the common organiza­
tion of the market in products processed from fruit
and vegetables, as last amended by Regulation (EEC)                                         Article 1
 1420/75 (2), and in particular Article 7 thereof ;
 Having regard to the proposal from the Commission ;                 1 . Save as otherwise provided for in Regulation
 Having regard to the Opinion of the European Parlia­               (EEC) No 865/68 and in this Regulation or derogation
ment (3) ;                                                          decided upon by the Council, acting on a proposal
                                                                    from the Commission in accordance with the voting
Whereas the establishment of a system of trade with                 procedure laid down in Article 43 (2) of the Treaty,
third countries in the sector of products processed                 the application of any quantitative restriction or
from fruit and vegetables calls for the elimination of              measure with equivalent effect is prohibited in trade
quantitative restrictions and measures of equivalent                with third countries covering all the products listed in
effect in trade with third countries ;                              Article 1 of Regulation (EEC) No 865/68 .
Whereas it is nevertheless necessary to limit any risks
attendant upon the abolition in trade with third coun­              2. However, with respect to citrus fruit juices falling
tries of all quantitative restrictions or measures of               under subheading ex 20.07 of the Common Customs
equivalent effect ; whereas provision should therefore              Tariff, with the exception of grapefruit juice, Member
be made to include the products in question in the                  States may maintain until 31 December 1977 the
field of application of Council Regulation (EEC) No                 measures relating to the import of these products origi­
 1 09/70 (4) of 19 December 1969 establishing common                nating in third countries which were applicable on 1
rules for imports from State trading countries and of               January 1975 without, however, rendering them more
Council Regulation (EEC) No 1439/74 (5) of 4 June                   restrictive, the Council deciding before the end of this
 1974 on common rules for imports from third coun­                  period on the system to be introduced subsequently.
tries ;                                                             If no decision is taken before this date, the previous
                                                                    system will remain applicable.
Whereas provision should furthermore be made in
respect of sensitive products for the establishment of a            3.    With respect to prunes falling under subheading
system of import certificates or a minimum price                    08.12 C of the Common Customs Tariff, Member
system which importers must undertake to observe ;                  States may maintain until 31 December 1977, the
whereas for the proper working of these systems it is               measures concerning the import of these products
necessary to provide for the issue of import certificates           originating in third countries, which were applicable
and that at the same time a security shall be lodged                on 1 January 1975 without, however, making them
guaranteeing the undertaking to import during the                   more restrictive. From 1 January 1978, paragraph 1
period of validity of the certificates and that a further           shall apply, and imports shall b^ subject to the presen­
security shall be lodged guaranteeing that the                      tation of an import certificate in accordance with
minimum price will be respected by the importers ;                  Article 4.
whereas provision should furthermore be made for the
possibility of establishing a floor price system ;
                                                                    4. This Regulation shall not apply to products
Whereas the machinery thus established may prove                    processed from potatoes, referred to in Article 1 of
inadequate in exceptional circumstances ; whereas to                Regulation (EEC) No 865/68 .
ensure that in such cases the Community market is
                                                                    5. For tomato concentrates under subheading 20.02
(')  OJ No   L 153, 1 . 7. 1968 , p. 8 .                            C of the Common Customs Tariff paragraph 1 shall
(2)  OJ No   L 141 , 3 . 6. 1975, p. 1 .                            be applicable only from the date fixed for the first
(3)  OJ No   C 40, 8 . 4. 1974, p. 74.
(4)  OJ No   L 19 , 26. 1 . 1970, p. 1 .                            implementation of the minimum price for the
(5 ) OJ No   L 159 , 15 . 6. 1974, p. 1 .                           products in question .
 ---pagebreak---   No L 198 /8                         Official Journal of the European Communities                              29 . 7. 75
  With respect to preserved pineapples, the said para­          4. The Council, acting on a proposal from the
  graph shall apply as from the granting of aid for the          Commission in accordance with the voting procedure
  production of preserved pineapples.                            laid down in Article 43 (2) of the Treaty, shall fix the
                                                                 minimum price and the special minimum price for a
                           Article 2                             product with given commercial characteristics, in parti­
  1 . A minimum import price for tomato concen­                 cular in respect of variety, quality, composition, prepa­
  trates falling within subheading 20.02 C of the                ration, packaging and size, and shall also fix the date
  Common Customs Tariff shall be fixed each year                 on which such prices are to apply.
  before 1 April for the subsequent marketing year.              5 . The coefficients to be applied to these prices in
  However, the minimum price for the 1975/76                     order to allow for any variation from, in particular, the
  marketing year shall be fixed before 1 August 1975.           variety, quality, composition, preparation, packaging
                                                                 and the size for which they have been fixed, shall be
  2.     The minimum price shall be established taking           adopted in accordance with the procedure laid down
  into account :
                                                                 in Article 15 of Regulation (EEC) No 865/68 .
  — average production cost for the Community
       product during the period from the beginnfrig of          6. If required, detailed rules for the application of
       the second year preceding the year of its fixing          this Article shall be adopted in accordance with the
       until the date of such fixing,                            procedure laid down in Article 1 5 of Regulation (EEC)
  — free-at-frontier prices for imports during the               No 865/68 .
       period from the beginning of the second year
       preceding the year of its fixing until the date of                                Article 3
       such fixing, disregarding import prices which, in
       comparison with normal fluctuations, are exces­           1 . The Council, acting on a proposal from the
       sively high or low ; these prices shall be increased      Commission in accordance with the voting procedure
       by whatever Common Customs Tariff duties are              laid down in Article 43 (2) of the Treaty, may decide
       applicable,                                               to introduce a floor price system .
  — the prices for the products in question on the
       main world markets,                                       2. Where paragraph 1 is applied, the floor price
  — the need to prevent the application of the                   shall be established taking into account :
       minimum price from having a more restrictive
       effect on trade than measures previously applied         — free-at-frontier prices for imports during the
       by the Member States,                                         period from the beginning of the second year
                                                                     preceding the year of its fixing until the date of
  —■ the need to ensure that the application of the                  such fixing, disregarding import prices which, in
       minimum price contributes to the normal and                   comparison with normal fluctuations, are exces­
       harmonious development of competition with                    sively high or low ; these prices shall be increased
       third countries.
                                                                     by whatever Common Customs Tariff duties are
  3 . A special minimum price shall be fixed for                     applicable ; however, as regards the new Member
  imports into the new Member States until 31                        States these prices shall be increased until 31
  December 1977, at the same time as the minimum                     December 1977 by the duties applied by those
  price referred to in paragraph 1 . The special                     Member States to third countries in accordance
  minimum price shall be determined initially on the                 with Article 59 of the Act of Accession ;
  basis of the price level resulting from the Agreement          — the prices for the products in question on the
  in the form of exchange of letters relating to Article 3           main world markets ;
  of Protocol 8 to the Agreement between the European
. Economic Community and the Republic of                         — the need to prevent the application of the floor
  Portugal (').                                                      price from having a more restrictive effect on trade
                                                                     than measures previously applied by the Member
  This special minimum price shall be aligned by stages              States ;
  with the minimum price mentioned in paragraph 1 .              — the need to ensure that the application of the floor
  The alignment shall take place each year and for the               price contributes to the normal and harmonious
  first time on 1 July 1976, by increasing the special               development of competition with third countries.
  minimum price by one third and one half, succes­
  sively, of the difference between this price obtaining                                 Article 4
  before each alignment and the minimum price appli­
  cable for the coming marketing year.                           1 . Any imports into the Community of the
  The minimum price referred to in paragraph 1 shall             products listed in the Annex shall be subject to the
  apply in the new Member States by 1 January 1978 at            production of an import certificate which shall be
  the latest.                                                    issued by Member States to any interested party who
                                                                 applies for such certificate irrespective of his place of
  (') OJ No L 62, 7. 3 . 1975, p. 6 .                            establishment within the Community.
 ---pagebreak--- 29 . 7 . 75                          Official Journal of the European Communities                             No L 198/9
The certificate shall be valid for an import transaction        2. The products listed in Article 1 of Regulation
carried out within the Community.                              (EEC) No 865/68 shall be included in the common
                                                                list of liberalized products in Annex I to Regulation
2. The issue of an import certificate shall be condi­          (EEC) No 1439/74.
tional upon the following :
                                                                3 . Paragraphs 1 and 2 shall not apply to the
— with respect to all products, the lodging of a secu­          products referred to in Article 1 (2), (3) and (4)."
      rity to guarantee the undertaking to effect certain
      imports for as long as the certificate is valid, which
                                                                                           Article 7
      security, except in cases of force majeure, shall be
    . forfeit in whole or in part if the imports are not
      effected or are' effected only in part within the         1 . If, by reason of imports or exports, the Commu­
      period ;                                                  nity market in one or more of the products specified
                                                                in Article 1 ( 1 ) is or is likely to be exposed to serious
—- for tomato concentrates, the lodging of an addi­             disturbances which might endanger the objectives set
      tional security to guarantee that the free-at-frontier    out in Article 39 of the Treaty, appropriate measures
      price of the products to be imported under cover          may be applied in trade with third countries until
      of the certificate plus the customs duty payable          such disturbances or the threat thereof has ceased.
      thereon shall together be equal to or more than
      the minimum price or the special minimum price,           The Council, acting on a proposal from the Commis­
      whichever is appropriate. The security shall be           sion in accordance with the voting procedure laid
      forfeit in proportion to any quantities imported at       down in Article 43 (2) of the Treaty, shall adopt rules
      a price lower than the minimum price or than the          for the application of this paragraph and shall define
      special minimum price ; however, the lodging of           the cases and the limits within which Member States
      such additional security shall not be required for        may take protective measures.
      products originating in third countries which
      undertake to and are in a position to guarantee           2. Should the situation envisaged in paragraph 1
      that the price on import into the Community               arise, the Commission, acting either at the request of a
      shall be not less than the minimum price for the          Member State or on its own initiative, shall decide
      product in question, and that all deflection of           what measures are necessary and communicate them
      trade will be avoided .                                   to the Member States ; such measures shall be immedi­
                                                                ately applicable.
3 . The Council, acting on a proposal from the
 Commission in accordance with the voting procedure              Requests received by the Commission from Member
 laid down in Article 43 (2) of the Treaty, may decide          States shall be acted upon within 24 hours of receipt.
 to amend the Annex.
                                                                 3 . Any measure decided on by the Commission
The period of validity of certificates and the other             may be referred to the Council by any Member State
                                                                within three working days following the day on which
 detailed rules of application of this Article which may,        they were communicated. The Council shall meet
 in particular, make provision for a time limit for the          without delay. It may, acting in accordance with the
 issue of certificates, shall be determined in accordance
                                                                voting procedure laid down in Article 43 (2) of the
 with the procedure laid down in Article 15 of Regula­           Treaty, amend or annul the measure in question .
 tion (EEC) No 865/68 .
                                                                                           Article 8
                           Article 5
                                                                 Council Regulation (EEC) No 1427/71 (') of 2 July
 Where the levy on various added sugars is fixed in              1971 , introducing protective measures for products
 advance for one of the products referred to in Article          processed from fruit and vegetables is hereby repealed.
 4 ( 1 ), such advance fixing shall be mentioned on the
 import certificate which is the basis thereof.                                            Article 9
 Where this is the case, Article 6 of Regulation (EEC)           This Regulation shall enter into force on the third day
 No 865/68 shall not apply.                                      following its publication in the Official Journal of
                                                                  the European Communities.
                           Article 6                             It shall be applicable as from 1 September 1975 in
                                                                 respect of tomato concentrates, peeled tomatoes and
  1 . The Annex to Regulation (EEC) No 109/70 shall              tomato juice and as from 1 October in respect of the
 be extended to the products listed in Article 1 of Regu­        other products referred to in Article 1 .
 lation (EEC) No 865/ 68 imported from all the coun­
 tries mentioned in that Annex.                                  (') OJ No L 151 , 7. 7. 1971 , p. 5 .
 ---pagebreak--- No L 198/ 10                    Official Journal of the European Communities                      29 . 7. 75
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 22 July 1975.
                                                                         For the Council
                                                                           The President
                                                                           G. MARCORA
                                                       ANNEX
                                        CCT heading               Description
                                             No
                            ex 20.02 C                     Tomato concentrates
                            ex 20.02 C                     Peeled tomatoes
                             ex 20.06 B                    Peaches in syrup
                             ex 20.&7 B                    Tomato juice
                                  20.02 A                  Mushrooms
                             ex 20.06 B                    Pears
                                  08.12 C                  Prunes (')
                             ex 20.02 G                    Peas
                             ex 20.02 G                     Beans in pod
                             ex 08.10 A         \
                             ex 08.11 E        I
                             ex 20.03          /            Raspberries
                             ex 20.05          l
                             ex 20.06 B 11 /
                             (*) From 1 January 1978 .