CELEX: 51973PC0231
Language: en
Date: 1973-02-19
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL on imports of citrus fruits originating in the Republic of Lebanon (Submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 231
Vol. 1973/0037
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(73)231 final
                                                    Brussels . 19 February 1973
                                  Proposal for a
                             REGULATION ( EEC ) OF 'THE COUNCIL
                on imports of citrus fruits originating in the Republic
                                     of ■ Lebanon
                      (Submitted to the Council by the Commission )
  COM (73 ) 231 final
 ---pagebreak---                                 Explanatory Memorandum
1.  Annex I of the agreement between the European Economic Community and the
    Republic of Lebanon, bearing on the application of Article 2(1 ) of that
    agreement , establishes the system applying to imports into the Community of
    the following products , originating in the Republic of Lebanon; fresh oranges ;
   fresh mandarins and satsumas ; fresh Clementines , tangerines and other com–
   parables hybrids of citrus fruits ;   fresh lemons .
   Once this system of preferential imports has been established for imports to
   which the reference price applied , subject to the country in question recog­
   nizing a price fixed on the internal domestic market of the Community, detailed
   rules of application must be determined .
   Such is the purpose of this proposal .
2. Article 5 of the Annex : in question provides that customs duties payable by
   Lebanon for the citrus fruits abovementioned on importation into the Community
   shall be equal to SOfo of the Common Customs Tariff on condition that the prices
   of citrus fruits imported from Lebanon shall , on the domestic market of the
   Community, be higher than or equal to reference prices for the particular
   period, increased by the effect of the Common Customs Tariff on these reference
   prices and a global amount of T„ 2 units of account per 100 kilogrammes . Account
   shall also be taken of conversion factors valid for different categories of
   citrus fruit , transport costs and import charges other than customs duties .
   Article 2 of this proposal lays down the rules to be observed by the Commission
   in order to establish whether wholesale prices on representative Community
   markets conform to the agreement .
 ---pagebreak---                                           - 2 -
    In "this respect , and. to avoid all discrimination, representative Community
    markets and other technical factors having regard to calculation shall be
    those which apply already for determining prices on the basis of which the
    entry price, referred to in Council Regulation No 1035/72 , is calculated .
3 . Article 3 lays down that the price to be recognized shall be equal to the
    reference price in force during the period in question, increased by the effect
    thereon of the Common Customs Tariff and by a global amount of 1.2 units of
    account per 100 kilogrammes .
    Article 4 lays down the measures required where prices on representative
    Community markets do not conform to the prioe to be recognized .    In fact if
    citrus fruits were to enter the Community from Lebanon at a price which was
    lower than that abovementioned after payment of the reduced customs duty ,
    there would be a rise of disturbance on the Community market in citrus fruits .
    For this reason the proposal is that , where the recorded prices are, for
    three consecutive market days , lower than the recognized price , the Common
    Customs Tariff duty in force on the date of importation shall apply to the
    product in question and until such time as these prices shall , for three
    consecutive market days , again be equal to or higher than the recognized price .
5.  It shall be understood that where the reference price does not apply , the
    preferential tariff allowed for these products shall apply unconditionally
    to Lebanon .
 ---pagebreak---                                        PROPOSAL FOR A
                               REGULATION (EEC ) OF THE COUNCIL
on imports of citrus fruits originating in the Republic of Lebanon
THE3 COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard" to the Treaty establishing the European Economic Community,
and in particular Article 43 thereof ;
Having regard to the Proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
Whereas . Article 5 of Annex I of the Agreement between the European Economic
Community and the Republic of Lebanon provides for tariff reductions on
imports into the Community of certain citrus fruits originating in the
Republic" of Lebanon ; whereas , : during. the period in which the reference , price
applies , . the reduction is subject to observance of a price fixed on the
internal market of the Community ; whereas detailed rules of application must
be adopted to implement the system in question ;
Whereas the system proposed , should form part of the common organization of
the market in fruit and vegetables ; whereas , therefore , account should be
taken of the provisions of Council Regulation (EEC) NO 1035/72^^ on the
common, organization of the market in fruit and vegetables, as last amended by
Gouncil Regulation (EEC ); No 2745/72 ( 2 ) ; and of the provisions adopted in-
application of that Regulation ;                      •
HAS ADOPTED THIS REGULATION :
 " 'OJ No L 118, 20 May 1972, p. 1 .
( 2)0J No L 291 , 25.12.1972 , p . 147
 ---pagebreak---                                              - 2 -
                                           Article 1
     This Regulation prescribes the detailed rules for applying the system of
     preferences provided for in Article 5 of Annex I of the Agreement between
     the European Economic Community and the Republic of Lebanon for the following-
    products originating in the Republic of Lebanon :
                   ex 08.02 A :            Fresh oranges ,
                   ex 08.02 B :            Fresh mandarins and satsumas ; fresh
                                           Clementines , tangerines , and other similar'
                                           citrus hybrid.s ,
                   ex 08.02 C :s           Fresh lemons .
                                           Article 2
1 . In order that the conditions referred to in Article 5(2 ) of Annex I of the
    abovementioned Agreement be met , the prices on representative Community
    markets recorded at , or converted to , the import/wholesale stage taking into
    account conversion factors and deducting transport costs and import charges
    other than customs duties – the factors , costs and charges aforesaid being
    those used in calculating the entry price referred to in Council Regulation (EEC )
    No 1035/72 – must , for a given product , be those calculated in due course
    for Class I pursuant to the provisions of the first indent , second subpara­
    graph of' Article 24(2 ) of Council Regulation (EEC ) NO 1035/72 and be equal to
    or higher than the price defined in Article 3 .
2.  The Commission shall calculate the amount to be deducted in respect of import
    charges other than customs duties , in so far as prices notified to the
    Commission by Member States include these charges , so as to avoid any
    .difficulties arising "from. ."the. incidence       of these charges on entry prices
    which may vary according to origin. Accordingly , an average mean corres-*
    ponding to the arithmetical mean between the lowest and the highest charges
    shall be talcen into account for the calculation .
    The detailed rules for applying this paragraph shall be determined , as may be
    necessary, in accordance with the procedure laid down in Article 33 of Council
    Regulation (EEC ) No 1035/72 .
 ---pagebreak--- The representative Community markets within the meaning of paragraph . 1 , are
used for recording the prices on the basis of which the entry price referred
to in Council Regulation (EEC ) Ho 10.35/72 is calculated .
                                  Article 3
The price referred in Article 2(1 ) shall he equal to the reference price far
"fc*16       .    period in question plus the . incidence *    thereon of the
Common Customs Tariff and     a fixed     amount of 1.20 units of account per
100 kilogrammes .
                                  Article 4
Where , m respect of one of the products listed in Article 1 , the prices
referred to at Article 2(1 ), taking into account the conversion factors and
after deducting transport costs and import charges other than customs duties ,
are , as found on the lowest priced representative Community markets , lower
than the price laid down in Article 3 for three consecutive market days , the
Common Customs Tariff duty in force at the date of importation shall apply to
the product in question .
This arrangement shall continue to apply until these prices on the lowest
priccd representative Community markets are found to be for three consecutive
market days equal to or higher than the price laid down in Article 3 .
                                  Article 5
The Commission, on the basis of prices recorded on representative Community
markets and notified to it by Ilember States , shall follow price trends
regularly and record them in accordance with Article 4 »
The measures required for this purpose shall be adopted in accordance with
the procedure laid down in Council Regulation (EEC ) No 1035/72 for applying
compensatory charges to fruit and vegetables .
                                  Article 6
Articles 23 , 24, 25, 26, 27 and 28 of Regulation (EEC) No 1035/72 shall
remain in force .
 ---pagebreak---                                  Article 7
The system laid down in this Regulation shall apply from the date of the
entry into force of the abovementioned Agreement until such time as the
Agreement shall cease to have effect .
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be "binding in its entirety and directly applicable
in all Member States .
Done at                            19–•             For the Council
                                                    The President