CELEX: 31971R1643
Language: en
Date: 1971-07-28
Title: Regulation (EEC) No 1643/71 of the Commission of 28 July 1971 introducing a system of minimum prices for imports of tomato concentrates from Greece

612                                Official Journal of the European Communities
No L 171 /2                        Official Journal of the European Communities                                30.7.71
                              REGULATION (EEC) No 1643/71 OF THE COMMISSION
                                                     of 28 July 1971
               introducing a system of minimum prices for imports - of tomato concentrates from
                                                         Greece
THE     COMMISSION        OF   THE  EUROPEAN      COM­          whereas because of this much Community processing
MUNITIES,                                                       has suffered irremediable damage ; whereas this is
                                                                basically due to the difference between the offer
                                                                prices of the product , imported into the Community
Having regard to the Treaty establishing the                    and the cost price within the Community industry ;
European Economic Community ;
Having regard to Council Regulation (EEC) No                    Whereas the halt in production in these factories and
865/68 1 of 28 June 1968 on the common organisation             increased imports have resulted in fewer potential
of the market in products processed from fruit and              outlets for fresh tomatoes, and because of this there
vegetables, a!s last amended by Regulation (EEC) No             could be a surplus of at least 200 000 metric tons of '
1425/71 2 ;
                                                                the latter in the 1971 marketing year;
Having regard to Council Regulation (EEC) No                    Whereas there may be a comparable effect on tomato
1427/713 of 2 July 1971 introducing protective                  processing undertakings in the Community following
measures for products processed from fruit and                  importation at prices and quantities which are similar
vegetables, and in particular Article 1 (2) thereof;            to those of the previous marketing years ;
"Whereas imports into the Community of tomato                   Whereas an assessment of the situation on the
 concentrates from Greece during the 1970 marketing ,            market, the main points of which are outlined above,
year amounted to some 22 000 metric tons; whereas               leads to the conclusion that imports, and in particular
this figure is 10 000 metric tons higher than the figure        imports from Greece enjoying the preferential
for 1969 and 18 000 metric tons higher than the                 treatment provided for by the Association Agreement
figure for 1968 ;                                               with that country, threaten the Community market
                                                                with serious disturbances which could lead to prices
Whereas the offer prices from Greece in respect of               such as to jeopardise the objectives of Article 39 of
this product are equivalent to 60 to 70% of the cost             the Treaty ; whereas, in these circumstances, it is
price within the Community industry ; whereas,                   necessary to take protective measures applicable to
                                                                 imports of tomato concentrates from Greece ;
consequently, the trend of imports from Greece may
aggravate difficulties facing Community producers
 as regards production and marketing;                           Whereas the protective measures must be so defined
                                                                 that where imports are effected under conditions such
Whereas massive imports from Greece at these very                that their admission does not worsen the' market
 low prices create a situation on the Community                  situation, these imports will not be adversely
 market where products of Community origin lose                  affected ; whereas, to that end, the protective
 trade outlets ;                                                 measures should be equally applicable to imports
                                                                 from other third countries which threaten to disturb
                                                                 the Community market;
 Whereas many tomato processing undertakings in the
 main production areas of the Community have been
 obliged to close during the last marketing year;                Whereas, with regard to imports from Greece and
                                                                 taking into consideration the special system
                                                                 governing trade between the Community and that
 1 OJ No L 153, 1.7.1968, p. 8.                                  country, a system of minimum import prices should
 2 OJ No L 151, 7.7.1971, p. 1.                                  be adopted; whereas, in order to check that these
  3 OJ No L 151 , 7.7.1971, p. 5.                                prices are being complied with, these imports should
 ---pagebreak---                                      Official Journal of the European Communities                                   613
be made subject to the submission of an import                   (b) the lodging by the importer of a deposit of 3
licence to be issued without any quantitative                         units of account per 100 kilogrammes net weight
restriction; whereas these prices must be fixed, taking               to guarantee the undertaking referred to under
into account the criteria mentioned in Article 44 (2)                 (a) ( aa), and
and (3 ) of the Treaty, at a level which ensures that
the imports in question can no longer lead to prices            (c) a written undertaking from the importer to pay a
likely to jeopardise the objectives of Article 39 of the              sum of 12 units of account per 100 kilogrammes
Treaty;                                                             • net weight if proof of compliance with the
                                                                      minimum price has not been furnished in
                                                                      accordance with the provisions of Article 8 ( 1 )
HAS ADOPTED THIS REGULATION :                                         within six months following the expiry of the
                                                                      validity of the import licence.
                         Article 1
                                                                                         Article 3
1 . From 9 August 1971 all imports into the
Community of tomato concentrates from Greece                    The import licence shall mention :
falling within sub-heading No ex 20.02 C of the
Common Customs Tariff shall be subject to the                   (a) the name and address of the applicant;
submission of an import licence.
2.     Member States shall issue the licence under the
                                                                (b) the description of the product, the Common
                                                                      Customs Tariff sub-heading within which it falls
conditions laid down in Article 2, on application by                  and its reference number in the goods
the party concerned, irrespective of the place of his                 nomenclature for foreign trade statistics of the
establishment within the Community, and within ten                    Member State in question ;
working days following the submission of the
application.
                                                                (c) the country of origin of the product;
The licence shall be issued for imports to be effected
during the month for which it was drawn up. It may,             (d) the quantity of the product expressed in
however, cover the fortnight preceding or the                         kilogrammes, net weight;
fortnight following the month in question in respect
of the quantity for which it was issued. It shall be            (e) the month for which it was issued.
valid for imports to be effected in the Member State
which issued it.
                                                                                         Article 4
3 . "When application for a licence is made, the
monthly quantities of products to which it relates              The obligations arising from the licence are not
shall be indicated.
                                                                transferable. The rights arising from the licence are
                                                                transferable by the licence holder during the period
                         Article 2                              of validity of the licence. Such transfer may only be
                                                                made in favour of one transferee per licence.
The issue of the import licence shall be subject to :
                                                                The transfer shall take effect when the agency issuing
                                                                the licence enters on the licence the name and address
(a) a written undertaking from the importer to                  of the transferee and the date of this entry, and
     ensure :
                                                                certifies the entry by affixing its official stamp.
     (aa) that importation of not more than 105%
          and not less than 95% of the specified                This entry shall be made at the request of the licence
           quantity of the product will be effected             holder. The transferee may not transfer his right or
                                                                transfer it back to the titular licence holder.
     during the period of validity of the licence;
     (bb) that this importation arises from a contract
          providing for sale and delivery free at Com­                                   Article 5
          munity frontier, or at a place situated outside
          the Community, at a price higher than that            The deposit referred to in Article 2 (b) may be lodged
          shown in the Annex to this Regulation for             in cash or in the form of a guarantee given by an
          the quality in question, and                          establishment complying with the criteria laid down
                                                                by the Member State from which the issue of the
     (cc) that this price will actually be paid;                certificate is requested.
 ---pagebreak--- 614                                 Official Journal of the European Communities
                        Article 6                              documents, furnish proof of the circumstances
                                                               considered to be a case of force majeure.
1.     Without prejudice to the provisions of Article 7 :
                                                               3.    Member States shall inform the Commission of
(a) the deposit shall be forfeited in whole when the           circumstances recognised as a case of force majeure.
     obligation to . import has not been fulfilled
    during the period of validity of the licence;
                                                                                        Article 8
(b) the deposit shall be forfeited in part if the
     quantity imported is more than 5% less than the           1 . Proof of compliance with the minimum price
     quantity indicated in the licence. The amount of          shall be furnished by submitting to the body which
     the ' deposit withheld shall be calculated by             issued the licence :
     reference to the difference between the quantity
     indicated in the licence less 5% and the quantity         — the contract referred to in Article 2 (a) (bb), and
     actually imported.
                                                               — a bank attestation certifying that payment of the
                                                                   purchase price specified in that contract has been
2. The deposit shall be immediately released in                    made .
respect of applications withdrawn no later than the
last day for the issue of the licence ; if the certificate     2. The . amounts due under the undertaking
has been issued in the meantime, release of the                referred to in Article 2 (c) shall be collected by the
deposit shall be subject to the return of the licence.         Member State which issued the import licence.
                        Article 7
                                                                                       Article 9
1.     On application by the party concerned, the              For the purposes of this Regulation, 'net weight'
Member State which issued the import licence shall             means the weight of the product including the
decide that the obligation to import is cancelled and          immediate packings.
that the deposit shall not be forfeited, when
importation cannot be effected during the period of
validity of the licence as a result of circumstances to                               Article 10
be considered to be a case of force majeure.
                                                               This Regulation shall enter into force on 1 August
2.     The importer shall, by means of appropriate             1971 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 28 July 1971 .
                                                                                    For the Commission
                                                                                       The President
                                                                                  Franco M. MALFATTI
 ---pagebreak---                                      Official Journal of the European Communities                                                   615
                                                              ANNEX
                               Price in u.a./lOO kg net weight, not including customs duties
     Dry matter content                           In immediate      In immediate      In immediate     In immediate
                                 In bulk or in
                                                 packings of less  packings of less packings of less  packings of less  In immediate .
                                  immediate
                               packings of 4 kg   than 4 kg but    than 1-5 kg but   than 0-7 kg but dian 0-25 kg but  packings of less
equal to or      but less than      or more
                                                equal to or more  equal to or more  equal to or more equal to or more    than 0-15 kg
more than                                          than 1-5 kg       than 0-7 kg       than 0-25 kg     than 0-15 kg
   (% )               (% )
        ■             20             27-5             28-9              31-6              33-0             38-5             41-3
   20                 22             28-8             30-2              33-1              34-6             40-3             43-2
   22                 24             30-1             31-6              34-6              36-1             42-1             45-2
   24                 26             31-4             33-0              36-1              37-7             44-0             47*1
   26                 28 .           32-7             34-3              3 7-6             39-2             45-8             49-1
    28                30             34-0             35-7              39-1              40-8             47-6             51-0
   30                 32             35-3             37-1              40-6              42-4             49-4             53-0
   32                 34             36-6             38-4              42-1              43-9             51-2             54-9
   34                 36             37-9             39-8              43-6              45-5             53-1             56-9
   36                 38             39-2             41-2              45-1              47-0             54-9             58-8
   38                 40             40-5             42-5              46-6              48-6             56-7             60-8
   40                 42             41-8             43-9              48-1              50-2             58-2             62-7
   42                 —              43-1             45-2              49-6              51-7             60-3             64-7