CELEX: 31973R3537
Language: en
Date: 1973-12-18 00:00:00
Title: Regulation (EEC) No 3537/73 of the Council of 18 December 1973 on the use to be made of inward processing arrangements in trade in agricultural products between Member States of the Community as originally constituted and the new Member States and between the new Member States themselves

No L 361 /4                             Official Journal of the European Communities                                29 . 12 . 73
                              REGULATION ( EEC) No 3537 /73 OF THE COUNCIL
                                                     of 18 December 1973
              on the use to be made of inward processing arrangements in trade in agricul­
              tural products between Member States of the Community as originally consti­
              tued and the new Member States and between the new Member States them­
                                                              selves
THE COUNCIL OF THE EUROPEAN                                          Member State which          fulfil  one of the conditions
COMMUNITIES,                                                         referred to in Article 9 (2) of the Treaty ; whereas
                                                                     when these compensating products are liable to
Having regard to the Treaty establishing the European                compensatory amounts in trade between Member
Economic Community ;                                                 States the result is that price regulation no longer has
                                                                     any effect ; whereas it is important therefore in these
Having regard to the Treaty (') on the Accession of                  circumstances to prohibit the admission of such
new Member States to the European Economic                           compensating products to free circulation ,
Community and the European Atomic Energy
Community, signed on 22 January 1972, and in parti­
cular Article 62 ( 1 ) of the Act annexed thereto ;
                                                                     HAS ADOPTED THIS REGULATION :
Having regard to the proposal from the Commission ;
                                                                                               Art idc 1
Whereas some of the Regulations which establish the
common organization of markets contain a provision                   For the purposes of this Regulation the Member States
which prohibits the admission to free circulation                    of the Community as originally constituted shall be
within the Community of goods subject to such organ­                 regarded as a single Member State .
ization   which  are   manufactured or obtained          from
products to which Article 9 (2) and Article 10 ( 1 ) of
the Treaty establishing the European Economic                                                  Article 2
Community do not apply ;
                                                                      1.      It shall be prohibited, as long as the system ot
Whereas for as long as components intended to                        compensatory amounts provided for in Article 55 ( 1 )
ensure the protection of the processing industry                     (a) of the Act of Accession is applied, to export from
referred to in Article 61 of the Act of Accession or                 one Member State to another compensating products
customs duties still apply to trade in certain agricul­              covered by one common organization of the market
tural products between Member States of the Commu­                   which have been manufactured or assembled from
nity as originally constituted and the new Member .                  products imported from a Member State or a third
States and between the new Member States them­                       country which have not been subjected in the
selves, it may be economically justifiable to process or             exporting Member State to either :
work under inward processing arrangements products
of every kind and, subject to the provisions made in                 — compensatory amounts, as provided for in Article
virtue of Article 45 of the Act of Accession , to admit                   55 of the Act of Accession ,
the compensating product, which is subject to                        — customs duties where the incidence thereof has a
customs duties or to a protective component, to free                      corrective effect on the compensatory amounts
circulation ; whereas to enable such operations to be                     referred to in the first indent, in application of the
carried out, special provisions should be adopted, to                     third subparagraph of Article 66 ( 1 ) of the Act of
be applicable during, the period concerned ;                              Accession , of the first subparagraph of Article 91
                                                                          ( 1 ) of the said Act and Article 99 thereof ;
Whereas, in the case of certain products, the compen­                — levies or other amounts or taxes provided for
satory amounts referred to in Article 55 of the Act of                    under the common agricultural policy.
Accession are corrected by the incidence of customs
duties ; whereas the economic effects of customs                      2.      Where the levy includes a component intended
duties are thus cancelled out ; whereas these products                to ensure the protection of the processing industry
 must be assimilated with those subjected to a single                 referred to in Article 61 of the Act of Accession , para­
 price regulatory system ;                                            graph 1 shall not apply in respect of such component .
Wherereas during the period referred to above
compensating products may be manufactured or                                                    /1 rtic c 3
 assembled from products imported from another
                                                                      The application of Article 21 (2) of Regulation No
(!) OJ No L 73 , 27 . 3 . 1972 , p. 5 .                                120/ 67/ EEC and corresponding provisions in other
 ---pagebreak--- 29 . 12 . 73                      Official Journal of the European Communities                         No L 361 / 5
Regulations on the common organization of markets                                    Article 4
shall be suspended for as long as components referred
to in Article 61 of the Act of Accession intended to        This Regulation shall enter into force on the day of its
                                                             publication in the Official Journal of the European
ensure the protection of the processing industry or          Communities.
customs duties    remain  in  force  in  trade between
Member States .                                              It shall apply from 1 January 1974.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels , 18 December 1973 .
                                                                         For the Council
                                                                           The President
                                                                        J. CHRISTENSEN