CELEX: 31976R0459
Language: en
Date: 1976-02-27 00:00:00
Title: Commission Regulation (EEC) No 459/76 of 27 February 1976 establishing a system of minimum prices applicable to the importation of tomato concentrates originating in Greece

28 . 2. 76                            Official Journal of the European Communities                           No L 53/83
                                  COMMISSION REGULATION (EEC) No 459/76
                                                   of 27 February 1976
               establishing a system of minimum prices applicable to the importation of
                                      tomato concentrates originating in Greece
THE COMMISSION OF THE EUROPEAN                                   lead to prices which could threaten the aims of Article
COMMUNITIES,                                                     39 of the Treaty ; whereas in these circumstances it is
                                                                 necessary to take protective measures against imports
                                                                 of tomato concentrates from Greece ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                 Whereas, in the case of imports from Greece, having
                                                                 regard to the special arrangements governing trade
Having regard to Council Regulation (EEC) No                     between the Community and Greece, a system of
865/68 of 28 June 1968 on the common organization                minimum import prices, at a level which avoids a
of the market in products processed from fruit and               threat to the aims of Article 39 of the Treaty, should
vegetables (*), as last amended by Regulation (EEC)              be introduced, in accordance with Article 41 of the
No 1420/75 (2),                                                  Athens Agreement ; whereas if these prices are fixed
                                                                 at the levels set out in the Annex, bearing in mind the
Having regard to Council Regulation (EEC) No                     abovementioned aims and facts, this should not stand
1927/75 of 22 July 1975 concerning the system of                 in the way of the criteria referred to in Article 44 (2)
trade with third countries in the market in products             and (3) of the Treaty and in particular the natural pref­
processed from fruit and vegetables (3), and in parti­           erence therein mentioned ; whereas the importer
cular Article 7 (2) thereof,                                     should provide an additional security to ensure that
                                                                 these prices are respected ; whereas to bring the above
                                                                 system into effect, it is necessary to derogate from the
Whereas, as a result of developments during the                  terms of Article 9 of Commission Regulation (EEC)
1974/75 and 1975/76 marketing seasons for tomato                 No 2104/75 of 31 July 1975 amending Regulation
concentrates, considerable stocks now exist both in              No 193/75 and laying down special detailed rules for
the Community and in Greece ; whereas these stocks               the application of the system of import licences and
may be estimated at about 70 % of the 1975 produc­               advance fixing certificates for products processed from
tion in the Community and in Greece ; whereas the                fruit and vegetables (4) ;
resulting stocks available may depress the Community
market and aggravate the fall in prices noted during
the last few months ;                                            Whereas, in view of the substantial quantity of
                                                                 products in respect of which certificates have already
                                                                 been issued, these quantities should be subject to the
Whereas the Greek offer prices for the Community                 system of minimum prices, while permitting the
market, which are significantly below the cost price             importer to request the cancellation of the certificates
for the Greek producers, are so low that they could              in question,
threaten the aims of Article 39 of the Treaty ;
Whereas imports from other suppliers of the Commu­
nity cannot be effected below the minimum price or
the special minimum price established under the                  HAS ADOPTED THIS REGULATION :
common organization of the market ; whereas,
consequently, it is only imports from Greece under
the preferential system under the relevant Association
Agreement which can aggravate the situation observed                                      Article 1
on the Community market ;
Whereas a survey of the market, as outlined above,               All imports into the Community of tomato concen­
suggests that imports from Greece, which benefit                 trates falling within subheading ex 20.02 C of the
from the said preferential regime, threaten the                  Common Customs Tariff, originating in Greece are
Community market with serious disturbances likely to             required to observe the minimum price or special
                                                                 minimum price, as appropriate, specified in the
                                                                 Annex.
(>) OJ No L 153, 1 . 7. 1968, p. 8 .
(2) OJ No L 141 , 3 . 6. 1975, p. 1 .
(3) OJ No L 198 , 29 . 7. 1975, p. 7.                            (4) OJ No L 214, 12. 8 . 1975, p. 20 .
 ---pagebreak--- No L 53/84                        Official Journal of the European Communities                             28 . 2. 76
                       Article 2                                                    Article 4
1 . Without prejudice to the first indent of Article         1 . The import licences which have been issued
4 (2) of Regulation (EEC) No 1927/75, the issue of           before the date of entry into force of this Regulation
import licences for tomato concentrates originating in       may not be used with effect from such date.
Greece shall be conditional upon the provision of an
additional security to guarantee that the free-at­           2. On request by any person concerned, the
frontier price of the products to be imported under          licences referred to in paragraph 1 shall be replaced
these licences shall be equal to or greater than the         by new licences which in addition shall be subject to
minimum price or the special minimum price, as               the provision of the additional security referred to in
                                                             Article 2.
appropriate.
2. The rate of the additional security referred to in        Any new licence, which shall be issued without delay,
paragraph 1 shall be fixed at 10 units of account per        shall have the same date of expiry as the one which it
100 kg, including immediate packings.                        replaces. It may be issued in respect of all or part of
                                                             the quantity not imported under the old licence.
3. Articles 7 (2) and 8 ( 1 ) (b) and (c) of Regulation
(EEC) No 2104/75 shall apply.                                3.    Any person concerned may request the cancella­
                                                             tion of a licence issued before the entry into force of
                       Article 3                             this Regulation, in respect of all or part of the quan­
                                                             tity not imported under such licence.
Licences which have been requested before the entry
into force of this Regulation, and which have not yet                               Article 5
been issued by such date, shall be subject to the provi­
sion of the additional security referred to in Article 2.    This Regulation shall enter into force on the third day
Nevertheless, any person concerned may withdraw              following its publication in the Official Journal of
this request relating to such a licence.                     the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 27 February 1976.
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                   Member of the Commission
 ---pagebreak--- 28 . 2. 76                                      Official Journal of the European Communities                                           No L 53/85
                                                                             ANNEX
                   Minimum import price into the Community as originally constituted, in u.a./100 kg net
                                                           weight (1), customs duties included
            Dry weight content                                     Immediate            Immediate           Immediate     Immediate
                                                                                                                                        Immediate
                                               Immediate          packings less       packings less       packings less packings less
                                               packings of                                                                               packings
    Not less than        But less than                           than 4 kg but         than 1-5 kg         than 0-7 kg  than 0-25 kg     less than
         ( %)                 (% )            4 kg or over        not less than        but not less        but not less  but not less
                                                                                                                                          0-15 kg
                                                                     1-5 kg            than 0-7 kg        than 0-25 kg  than 0-15 kg
                              20     ·            42-0                45-2                 49-5                51-7          60-3           63-0
         20                   22                  45-4                47-7                 52-3                54-6          63-6           68-2
          22                  24                  47-8                50-3                 55-1                57-4          67-0           71-8
          24                  26                  50-2                52-7                 57-7                60-3          70-3           75-3
          26                   28                 52-6                55-3                 60-5                631           73-6           78-9
          28                   30                 550                 57-7                 63-2                660           77-0           82-5
          30                   32                 57-4                60-3                 660                 68-9          80-4           861
          32                   34                 59-8                62-8                 68-7                71-7          83-7           89-6
          34                   36                 621                 65-3                 71-4                74-6          87-0           93-2
          36                   38                 64-5                67-8                 74-2                77-4          90-4           96-8
          38                   40                 66-9                70-3                 76-9                80-3          93-7         100-4
          40                   42                 69-3                72-8                 79-5                83-2          97-0         103-9
          42                  —                   71-7                75-2                 82-4                860          100-4         107-5
(*) The net weight of the products is considered as being the weight of the product including immediate packings.
                   Special minimum import price into the new Member States, u.a./ 100 kg net weight f1),
                                                                 customs duties included
             Dry weight content                                    Immediate             Immediate           Immediate     Immediate
                                                                                                                                        Immediate
                                                Immediate         packings less        packings less      packings less  packings less
                                               packings of                                                                                packings
     Not less than       But less than                           than 4 kg but         than 1-5 kg         than 0-7 kg  than 0-25 kg      less than
         (% )                 (% )            4 kg or over        not less than        but not less        but not less   but not less
                                                                                                                                           015 kg
                                                                      1-5 kg            than 0-7 kg       than 0-25 kg   than 0-15 kg
                               20                 27-8                30-0                 32-8                34-3          40-0           41-8
          20                   22                 30-2                31-7                 34-7                36-2          42-2           45-3
          22                   24                 31-8                33-4                 36-5                38-1          44-5           47-6
          24                   26                 33-3                35-0                 38-3                40-0          46-6           50-0
           26                  28                 34-9                36-7                 40-1                41-9          48-9           52-4
           28                  30                 36-5                38-3                 42-0                43-8          51-1           54-7
           30                  32                 38-1                40-0                 43-8                45-7          53-3           57-1
           32                  34                 39-7                41-6                 45-6                47-6          55-5           59-5
           34                  36                 41-2                43-3                 47-4                49-5          57-7           61-9
           36                  38                 42-8                45-0                 49-2                51-4          60-0           64-2
           38                  40                 44-4                46-6                 51-1                53-2          62-2           66-6
          40                   42                 46-0                48-3                 52-8                55-2          64-4           69-0
          42                   —                  47-6                49-9                 54-7                57-1          66-6           71-4
(l) The net weight of the product is considered as being the weight of the product including immediate packings.