CELEX: 31975R1930
Language: en
Date: 1975-07-22
Title: Regulation (EEC) No 1930/75 of the Council of 22 July 1975 laying down special provisions applicable to trade in tomato concentrates between the Community as originally constituted and the new Member States

29 . 7 . 75                            Official Journal of the European Communities                          No L 198 / 15
                               REGULATION (EEC) No 1930/75 OF THE COUNCIL
                                                       of 22 July 1975
              laying down special provisions applicable to trade in tomato concentrates
              between the Community as originally constituted and the new Member States
THE COUNCIL OF THE EUROPEAN                                       HAS ADOPTED THIS REGULATION :
COMMUNITIES,
                                                                                           Article 1
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43                  In order to offset price differences existing in trade
thereof ;                                                        between the new Member States and the Community
                                                                  as originally constituted or third countries, a system of
Having regard to the proposal from the Commission ;               compensatory amounts as set out in the following Arti­
                                                                  cles shall be applied in respect of tomato concentrates
                                                                  falling within subheading No ex 20.02 C of the
Having regard to the Opinion of the European Parlia­              Common Customs Tariff and for which an export
ment (!) ;                                                        refund is granted pursuant to Article 3a of Regulation
                                                                 (EEC) No 865/68 .
Whereas in normal circumstances the price for
tomato concentrates is substantially higher in the                                         Article 2
Community as originally constituted than on the
world market ; whereas this difference in prices could            In intra-Community trade, the Member States of the
harm the competitive position on the markets of the               Community as originally constituted shall :
new Member States of producers in the Community as
originally constituted ;                                         — levy compensatory amounts on imports from the
                                                                       new Member States,
Whereas the situation is likely to jeopardize the aims           — grant compensatory amounts on exports to the
                                                                       new Member States .
of the common agricultural policy as laid down in
Article 39 of the Treaty ; whereas, to remedy this,
special measures must be taken to safeguard the                                            Article 3
competitive position on the markets of the new
Member States of producers in the Community as orig­              For exports from the new Member States to third
inally constituted ;                                              countries, the export refund shall be equal to the
                                                                  difference between the refund referred to in Article 1
                                                                  and the compensatory amount applicable.
Whereas compensatory amounts should therefore be
introduced for tomato concentrates, to be granted or
levied in trade between the new Member States and                                          Article 4
the Community as originally constituted or third coun­
tries ; whereas, however, it will suffice if such compen­         The compensatory amount shall be equal to 60 % of
satory amounts are applied only where a refund is                 the export refund referred to in Article 1 . The
granted pursuant to Article 3a of Council Regulation              compensatory amount shall be reduced in three
(EEC) No 865/68 (2) of 28 June 1968 on the common                 stages.
organization of the market in products processed from             The three reductions shall be such as to reduce the
fruit and vegetables, as last amended by Council Regu­
lation (EEC) No 1420/75 (3) ;
                                                                  level of the compensatory amounts to 40, 20 and 0 %
                                                                  respectively of the said refunds and shall be made on :
                                                                  1 July 1976, 1 July 1977 and 1 January 1978 .
Whereas the compensatory amounts should be phased
out as the Common Customs Tariff is progressively                 When each reduction is made, the • compensatory
introduced in the new Member States ;                             amount, based on the level of the export refunds, shall
                                                                  in no case be fixed at a level such as to allow exporta­
Whereas provision should be made to ensure that the               tion to the new Member States at a price below the
said amounts are accounted for under the arrange­                 special minimum price referred to in Article 2 (3) of
ments for the financing of the common agricultural                Council Regulation (EEC) No 1927/75 (4) of 22 July
policy,                                                           1975 concerning the system of trade with third coun­
                                                                  tries in the market in products processed from fruit
(') OJ No C 93 , 7. 8 . 1974, p. 7.                               and vegetables.
(2 ) OJ No L 153, 1 . 7. 1968 , p. 8 .
(3) OJ No L 141 , 3 . 6 . 1975, p. 1 .                            (4) See page 7 of this Official Journal.
 ---pagebreak--- No L 198 / 16                      Official Journal of the European Communities                             29 . 7. 75
                        Article 5                            the Member States, shall be regarded for the purposes
                                                             of the financing of the common agricultural policy as
The compensatory amount applicable shall be that in          intervention intended to stabilize agricultural markets.
force on the day of importation or exportation .
                                                             2. Such detailed rules as may be necessary for the
                        Article 6                            application of this Article shall be adopted in accor­
                                                             dance with the procedure laid down in Article 13 of
Such detailed rules for the application of this Regula­       Council Regulation (EEC) No 729/70 (*).
tion shall be adopted in accordance with the proce­
dure laid down in Article 15 of Regulation (EEC) No                                   Article 8
865/68 .
                                                             This Regulation shall enter into force on the third day
                        Article 7                             following its publication in the Official Journal of
                                                              the European Communities.
1 . The compensatory amounts as provided for in
Article 1 , which are levied or granted in trade between      It shall apply from 1 August 1975.
              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
                                                              (•) OJ No L 94, 28 . 4. 1970, p. 13 .