CELEX: 51973PC2242
Language: en
Date: 1974-01-09
Title: Proposal for a COUNCIL REGULATION concerning the system of trade with third countries in the market in products processed from fruit and vegetables (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 2242
Vol. 1973/0411
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(73)2242 final
                                                  Brussels , 9 January 1974
                                  Proposal for a            ,
                             ;  COUNCIL REGULATION , ,        •   .
   concerning "the system of "trade with third countries in the market in
                 products processed from fruit and vegetables
                   ( submitted to the Council "by the Commission )
   COM 73 ) 2242 final
 ---pagebreak---                         EXPLANATORY    K3IOHANDUM
          On 6 July 1969 the Commission presented a proposal for a Regulation
to the Council on the unification of import systems for products processed
from fruit and vegetables ( doc»C0tl(69)42l ). This proposal resumed and supplemented
the cosmercirJl policy provisions already included in the proposal of 13 March 1968 ,
which provided for the abolition of quantitive restrictions as regards third
countries , together with the introduction of an import floor price for a
number of sensitive products .
          The examination of these provisions gave rise to long and difficult
discussions which finally resulted in a compromise at the meeting of the
Council of Ministers held in Luxemburg on 19 June 1973 *
          This proposal has been drawn up on the basis of the provisions con­
tained in the above mentioned compromise . These provide for the general
liberalization of trade with third countries , together with protective
measures in the case of a limited number of sensitive products . For these
products a system of floor prices and minimum prices is proposed , according
to each case , in order to avoid the occurence of abnormally low import prices .
          In accordance with the wishes of the Council , the departments concerned
propose that the Commission also submit to the Council the prep csal for a Regulation
to include processed fruit and vegetable products in the Annex to Council
Regulation No 109/70^;cf 19 December 1970 establishing common rules for imports
from state-trading countries .
( 1 ) 0J No L 19 , of 26.1.1970 , p. 1
 ---pagebreak---                          PROPOSAL FOR A COUNCIL REGULATION
concerning the system of trade with third countries in the market in products
                         processed from fruit and vegetables
                         THE COUNCIL OP THE EUROPEAN COU-IUNITIES ,
                         Having regard to the Treaty establishing the European
                         Economic Community , and in particular Article 43 thereof j
                         Having regard to Council Regulation (SEC) No 865/63^^ of
                         23 June 1968 on the common organization of the market in
                       - products processed from fruit and vegetables , as last amended
                                    ( 2)
                         by the Act x ' annexed to the Treaty of 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 7 thereof 3
                         Having regard to the proposal from the Commission !
                         Having regard to the Opinion of the European Parliaments
Whereas the common organization of the market in products processed from fruit
and vegetables justifies the elimination of quantitive restrictions and measures
of equivalent effect in . trade with third countries ?
Whereas it is nevertheless necessary to limit the risks attendant upon the aboli­
tion in trade with third countries of all quantitive restrictions or measures of
equivalent effect ; whereas provision should therefore be made for the possibility
of fixing a floor 'price or a minimum price which importers wftet undertake to respect
for certain particulary sensitive products { Whereas for'tfca proper wording of this
system it is necessary to provide for the issue of import certificates and the
lodging of security guaranteeing the undertaking to import during the period of
validity of the certificates and of a further security guaranteeing that the
price will be respected by the importers 5
Whereas the machinery thus established may prove inadequate in exceptional cir­
cumstances ; whereas to ensure that in such cases the Community market is not left
completely exposed to the disturbances which might result , the means should be
provided for appropriate action to be taken as quickly as possibles
 ( 1 ) OJ No L 153 , 1.7.1963 , p. 8
 ( 2 ) OJ No L 73 , 27.3.1972 , p. 14
 ( 3 ) OJ No L 73 , 27.3.1972 , p. 5
 ---pagebreak---                                         -2-
                         HAS ADOPTED THIS REGULATION :  .
  Article 1                               '
„ 1.             . ^ Save as "otherwise provided for in Regulation (EEC ) No 865/50
  and in this Regulation , or as otherwise decided by the Council acting in
  accordance with the voting procedure provided for in Article 43(2 ) of the
  Treaty on a proposal from the Commission , the application of any quantitive
  restrictions or measures of equivalent effect in trade with third countries
  in the products listed in Article 1 of the said Regulation is forbidden .
  2.                 For the products shown in the Annex , and for tomato con­
  centrates falling within subheading ITo 20.02 of the Common Customs Tariff ,
  the provisions of paragraph 1' above shall apply only as from the respective
  dates adopted for the introduction of floor prices and minimum prices for
  the products in question .
                     For preserved pineapple , these provisions shall apply only
  as from the entry into force of a system of aid for the production of pre­
  served pineapple .
  3.                 nevertheless , until the date of expiry of the system pro­
  vided for in Article 115 of the Act concerning the Conditions' of Accession
  and the Adjustments to the Treaties , the United Kingdom may' maintain' the
  quantitive restrictions , which it was applying on 1 January 1972 , for orange
  and grapefruit juices and for grapefruit segments .
  Article 2
  1.                 For each of the products listed m column I of the Annex ,
  an import floor price shall be fixed each year as from 1974 - Prices shall
  be operative - from the dates given in column II of the Annex and shall
  apply throughout the subsequent marketing season .
                                                                   Φ
 ---pagebreak--- 2.                   The floor price , which may be varied for each product accor­
ding to quality , presentation , and packing shall be' established :
a) on the basis of s
     - the free-at -frontier import prices during the two years preceeding the
         year in which it is fixed , disregarding any such prices , which , in com­
         parison with normal fluctuations , were excessively high or low; those
         prices shall be increased , in the case .of the Community as originally
         constituted , by whatever Common Customs Tariff duties are applicable
         or , in the caso of the new Ilember States , by duties applied by them
         with respect to third countries in accordance with Article 59 °f the
         Act of Accession ! and
     - the prices for the products in question on the main world markets ? and
b ), taking into account s                                               !
     - the need to prevent the application of the floor price fron having a
 ■ •     more restrictive "effect on trade than the measures' previously applied
         by the Member States ; and                             ' •        •
     - the need to ensure that the application of the floor price contributes
         to the normal and harmonious development of competition with third
         countries .
3-                   The Council , acting on a proposal from the Commission in
accordance with the voting procedure laid down in Article 43(2 ) of the Treaty,
shall fix the floor prices for given qualities , packings and , where appro­
priate , presentations and. shall also fix the dates of introduction of those
prices.-'
4«                   The Council , acting on a proposal from the Commission in ac­
cordance with the voting procedure laid down in Article 43(2 ) of the Treaty ,,
may decide that the list given in the Annex should be extended to include
other products .                                                               .
5«                   The coefficients to be applied to the floor price in order
to take account of any variations from the quality , packing , and presentation
       ;                             >·   ' ♦                  ·
for which the price has been fixed , shall be calculated in accordance with
the procedure laid down: in Article '15 of Regulation (EEC J Ho 865/68 .
6.                   Detailed rules for the application of this Article shall be
adopted , if required , in accordance with the procedure laid down in Article
15 of Regulation (EEC ) No 865/68 .
 ---pagebreak---                                         -4-
 Article 3
 1.          A minimum import price for tomato concentrates falling within sub­
heading New 20.02 C of the Common Customs Tariff shall be fixed each year as from
1974 "before 1 April for the subsequent marketing season.           -
2.          The minimum price , which may be varied according to quality , presen­
tation, and packing, shall be established :                    ,  .
a) on the basis of :
    - the average production cost for the community product during the two
      years preceding the year in which it is fixed f and
    - the free-at-frontier import prices during the two years preceding the year
      in which it is fixed , disregarding import prices which , in comparison vrith
      normal fluctuations , were excessively high or lowjthose prices shall be
      increased , in the case of the Community as originally constituted , by what­
      ever Common Customs Tariff duties are applicable or , in the case of the new
      Member States , by duties applied by them with respect to third countries in
      accordance with Article 59 of the Act of Accession ^ and
    - the prices for the products in question on the main world markets ; and
b) taking into account :
  ' - the need to. prevent the application of the minimum price from having a more
      restictive effect on trade than the measures previously applied by the
      Member States $ and
    - the need to ensure that the application of the floor price contributes to
      the normal and harmonious development of competetion with third countries .
3.          The Council , acting on a proposal from the Commission in accordance with
the voting procedure laid down in Article 43(2 ) of the Treaty , shall fix the
minimum price for given qualities , packings , and where appropriate , presenta­
tions and shall also fix the dates of introduction of those prices .
4«          The coefficients to be applied to the minimum price in order to take
account of any variations from the quality , packing and presentation for which
a price has been fixed , shall be calculated in accordance with the procedure
laid down in Article 15 of Regulation (EEC ) No 865/68 ..
 ---pagebreak---  5.                 Detailed, rules for the application of this Article shall be
 adopted , if required , in accordance with the procedure laid down in Article
 15 of Regulation (EEC ) No 865/68 .
Article 4
1.                 All importation into the Community of the products specified
in Article 1(2 ) shall be subject to the production of an import certificate ,
which shall be issued by the Member Sta.tes to any interested party who
                                           *
applies for such certificate irrespective of his place of establishment
within the' Community .                                              '           -;
                   This certificate shall be valid for an operation carried
out within the Community .
2.                 'The issue of an import certificate shall be conditional
upon the following t
- the lodging of a security to guarantee that the undertaking will effect
    certain imports within the validity of the certificate , . which security ,
    except in cases of force majeure , shall be forfeit in whole or in part if
    the imports are not effected within the period or are effected only in
    part | and  -
- the lodging of an additional security to guarantee that the fr6s-at -frontier
    price of the products to be imported under cover of the certificate plus
    the customs duty payable thereon shall together be not less than the floor
    price or minimum price , as the case . may be . A proportionate pa,rt of the
    security shall be forfeit in respect of any quantities imported at., a price
    lower than the floor price or minimum price , as the case may be ; the lodging
    of such security shall not however be required for imports from third
^ countries which are willing and in p, position to guarantee that the - price
    on importation into 'the Community of products originating in and exported
    fromA their territory shall be not less than the floor price or minimum ,
    price for the product in question , and that all deflection of trade will
   be avoided .
3»     -           The period of validity of the certificates , the amount of the
security and other rules for the application of this Article shall be de­
termined in accordance with the procedure laid down in Article 15 of Regu­
lation (SEC ) Ho 865/68 .
 ---pagebreak---                                           -6-
 Article 5
              Where the levy on various added sugars is fixed in advance for . one
 of the products referred to in Article 4(1 ) of this Regulation , such advance
 fixing shall "be mentioned on the import certificate which is the basis thereof.
              Where this is the case , the provisions of Article 6 of Regulation
 (EEC ) Ho 865/68 shall not apply. . . .                   .
Article 6
1.            If , "by reason of imports or exports ,tho Community market in one or more
of the products specified in Article 1 is or is likely to be exposed to serious dis~
turbances which might endanger the objectives set out in Article 39 of "the
Treaty, appropriate measures may be applied in trade with third countries until
such disturbances or the threat thereof has ceased.
              The Council , acting in accordance with the voting prooedure laid
down in Article 43 ( 2 ) of the Treaty on a proposal from the Commission, shall
adopt rules for the . application of this paragraph and shall define the cases
in which and the limits within the Member States may take protective measures .
2.           If the situation envisaged in paragraph 1 should arise , the Commission
acting, either at the , request of a Member State or on its own initiative , shall
decide . what measures are necessary and shall communicate them to the Member
States ? such measures shall be immediately applicable .
             Requests received by the Commission from Kember States shall be
acted upon within 24 hours of receipt .
3.           Any measure decided on by the Commission may be referred to the
Council by any Member State within three working d,ays following the day on
which they were communicated. The Council shall meet without delay. It may ,
acting in accordance with the voting procedure laid down in Article 43 ( 2)
of the Treaty , amend or annul the measure in question.
                                                                           /
 ---pagebreak---                                              η
                                            • ί­
 .'irti ci e 7
               Council Regulation ( ESC ) No 1427/71        introducing protective
measures for products processed from fruit and vegetables is hereby repeated.
Article 8
               This Regulation shall enter into force on the third day following
ito publication in the Official Journal of the European Communities .
               It shall be applicable from the date of entry into force of the
Agreements concluded between the European Economic Community and certain
Mediterranean countries .
               This Regulation shall be binding       in its entirety and directly
applicable in all Member States .
Brussels ,                                       For the Council
                                                The President
( 1 ) OJ No L 151 , 7.7.1971 , P. 5
 ---pagebreak--- Common Customs
                           I                            II
Tariff Heading
     No
                      Description of products         Dates
ex 20.02 C           Peeled tomatoes                1 Apnl
ex 20.06 B           Peaches                        1 April    I
ex 20.07 B           Tomato juice                   1 / pril   1
ex 20.07 A III     ) Concentrated orange juice      1 November I
   20.07 B II a) 1 )
ex 20.07 A III     ) Concentrated lemon juice       1 November J
   20.07 B II a) 3 )
   20.07 B II b) 1   Natural orange not concent raJ 1 November I
                                              ted