CELEX: 31967R0170
Language: en
Date: 1967-06-27 00:00:00
Title: Regulation No 170/67/EEC of the Council of 27 June 1967 on the common system of trade for ovalbumin and lactalbumin and repealing Regulation No 48/67/EEC

132                                 Official Journal of the European Communities
 2596/67                      OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                       28.6.67
                                REGULATION No 170/67/EEC OF THE COUNCIL
                                                     of 27 June 1967
                    on the common system of trade for ovalbumin and lactalbumin and repealing
                                                Regulation No 48/67/EEC
 THE COUNCIL OF THE EUROPEAN ECONOMIC                           form of certain processed goods containing egg
 COMMUNITY,                                                     white;
 Having regard to the Treaty establishing the Euro­             Whereas the system of trade applicable to albumins
 pean Economic Community, and in particular Article             should follow the system in force for eggs in view of
 14 (7) and Articles 28 , 92 to 94, 111 and following,          the dependence of the former products on the latter ;
 and 235 thereof;
                                                               Whereas ovalbumin prices normally follow egg
 Having regard to the proposal from the Commission;             prices, which are different in the Community and on
                                                                the world market; whereas in order to prevent distor­
 Having regard to the opinion of the European Parlia­           tions of competition resulting from this difference it
 ment ;
                                                                is necessary to levy an import duty sufficient to offset
                                                                this difference; whereas it seems that the most appro­
                                                                priate method for determining the amount of this
Whereas ovalbumin, which is not included in Annex               duty would be to derive it from the levy on eggs in
II to the Treaty, is not subject to application of the          shell ;
 agricultural provisions of the Treaty while egg yolk
 is ;
                                                                Whereas it is necessary to provide for different coef­
Whereas a situation arises therefrom which may ad­              ficients which take account of the presentation of the
versely affect the efficiency of the common agricul­            processed product;
tural policy in the egg sector;
                                                               Whereas the price of eggs is not the only factor other
Whereas, in order to reach a balanced solution,                than processing costs affecting the price of albumin
Council Regulation No 48 /67/EEC1 of 7 March 1967               on the world market ; whereas in order to ensure the
on the introduction of a common trade system for                effectiveness of the system of import duties it is
ovalbumin and lactalbumin established a system of               necessary to provide for an additional amount, to be
trade for ovalbumin corresponding to that estab­                added to the duty when offers on the world market
lished for eggs ; whereas the application of this system        are made at abnormally low prices ;
has been extended to lactalbumin in view of the fact
that the latter can to a large extent be substituted for       Whereas to the extent necessary for the proper work­
ovalbumin ;                                                     ing of the mechanism of export refunds for eggs pro­
                                                               vided for in Regulation No 122/67/EEC, and of the
Whereas, in pursuance of Council Regulation No                  system laid down in this Regulation, provision should
122/67/EEC2 of 13 June 1967 on the common organ­                be made for regulating or, when the situation on the
isation of the market in eggs, a single market system          market so requires, prohibiting the use of 'inward
for eggs has been introduced in the Community from             processing arrangements ';
1 July 1967 comprising, in particular, single levies
and single refunds in respect of third countries on            Whereas the system of import duties makes it poss­
eggs and egg yolk in the unaltered state or in the              ible to dispense with all other protective measures at
                                                                the external frontiers of the Community; whereas the
                                                               establishment of a single market involves the removal
1 OJ No 44, 10.3.1967, p. 646/67.                               at the internal frontiers of the Community of all ob­
2 OJ No 117, 19.6.1967, p . 2293/67.                           stacles to the free movement of the goods in question;
 ---pagebreak---                                       Official Journal of the European Communities                                     133
 Whereas the transition from the system provided in              2.    The amounts of the duties shall be fixed in
Regulation No 48/67/EEC to that established by this              advance for a period of three months in accordance
Regulation should be effected as smoothly as poss­               with the procedure laid down in Article 17 of Regu­
 ible ; whereas products marketed during the first               lation No 122/67/EEC .
weeks following the date on which this Regulation
begins to apply will have been manufactured from
                                                                                         Article 3
eggs obtained from cereals purchased at the national
prices ruling in the producing country before that
date and differing from the common prices ;                     The coefficients for the products listed in Article 1
whereas, therefore, the production costs of albumin             shall be fixed in accordance with the procedure laid
can still be influenced by differences between the              down in Article 17 of Regulation No 122/67/EEC, by
national prices for cereals ruling before that date and          establishing the value complementary to the coef­
between these prices and the common prices ; whereas            ficients fixed for egg yolk in accordance with the ratio
differences in production costs may lead to certain             laid down in the second indent of Article 5 ( 1 ) of
disturbances in trade between Member States and                  Regulation No 122/67/EEC.
with third countries ; whereas, therefore, provision
should be made for levying intra-Community import
                                                                                         Article 4
duties and supplementary import duties in respect of
third countries on imports of the products in ques­
tion for a certain transitional period ; whereas, more­         When a substantial price rise is recorded on the Com­
over, other transitional measures may prove necess­             munity market and this situation is likely to continue,
ary to facilitate the transition from the system                thereby disturbing or threatening to disturb the mar­
provided in Regulation No 48 /67/EEC to the system              ket the necessary measures may be taken.
established by this Regulation ;
                                                                The Council , acting in accordance with the voting
                                                                procedure laid down in Article 43 (2) of the Treaty
                                                                on a proposal from the Commission, shall adopt gen­
HAS ADOPTED THIS REGULATION :                                   eral rules for the application of this Article.
                                                                                         Article 5
                         Article 1
                                                                 1 . One sluice-gate price shall be fixed for the liquid
In trade between the Community and third countries              or frozen products listed in Article 1 and another
import duties shall be applied to the following prod­           for the dried products listed therein. The fixing shall
ucts :                                                          be on the basis of the sluice-gate price fixed for eggs
                                                                in shell according to the provisions of Article 7 (2) of
       CCT
                                                                Regulation No 122/67/EEC, taking into account the
     heading                   Description of goods             lower value of the basic material, the coefficients
        No
                                                                mentioned in Article 3 and the processing costs .
   ex 35.02      Albumins :                                     2.     Sluice-gate prices shall be fixed in advance for a
   ex A II       Others (not unfit or rendered unfit for        period of three months.
                 human consumption)
                 (a) Ovalbumin and lactalbumin :                3.     Where the free-at-frontier offer price for a prod­
                                                                uct falls below the sluice-gate price the import duty
                     1 . Dried (for example, sheets, scales,
                         flakes, powder)                        on that product shall be increased by an additional
                     2 . Other
                                                                amount equal to the difference between the sluice­
                                                                gate price and the free-at-frontier offer price.
                                                                However, the duty shall not be increased by this ad­
                                                                ditional amount as regards third countries which are
                         Article 2                              prepared and in a position to guarantee that the price
                                                                for imports of products originating in and coming
1.     The amount of the duty on imports into the               from their territory will not be lower than the sluice­
Community of each of the products listed in Article 1           gate price for the product in question and that any
shall be equal to the amount of the levy on eggs in             deflection of trade will be avoided .
shell fixed in accordance with the provisions of Article
4 ( 1 ) of Regulation No 122/67/EEC, this amount                4.     The free-at-frontier offer price shall be deter­
being adjusted by the coefficient mentioned in Article          mined for all imports from all third countries. How­
3 for the product in question.                                  ever, if exports from one or more third countries are
 ---pagebreak--- 134                                Official Journal of the European Communities
effected at abnormally low prices, lower than the            lation shall be incorporated in the Common Customs
prices ruling in other third countries, a second             Tariff from the date on which the latter is fully ap­
free-at-frontier offer price shall be determined for ex­     plied .
ports from these other countries.
                                                             2.     Save as otherwise provided in this Regulation
5.    Detailed rules for the application of this Article     or where derogation therefrom is decided by the
shall be adopted in accordance with ' the procedure          Council, acting in accordance with the voting
laid down in Regulation No 122/67/EEC .                      procedure laid down in Article 43 (2) of the Treaty
                                                             on a proposal from the Commission, the following
The following shall be fixed in accordance with the          shall be prohibited in trade with third countries :
same procedure :
                                                             — the levying of any customs duty or charge having
— sluice-gate prices ;                                           equivalent effect;
— where necessary, the additional amounts .                  — the application of any quantitative restriction or
                                                                 measure having equivalent effect.
                         Article 6
                                                                                       Article 8
1 . To the extent necessary for the proper working
of the common organisation of the market in eggs             1 . The following shall be prohibited in the internal
and of this Regulation, the Council, acting in accord­       trade of the Community :
ance with the voting procedure laid down in Article
43 (2) of the Treaty on a proposal from the Com­             — the levying of any customs duty or charge having
mission, may prohibit, in whole or in part, the use of           equivalent effect;
inward processing arrangements in respect of products
listed in Article 1 which are intended for the manu­         — the application of any measure having effect
facture of products listed in that Article.                      equivalent to a quantitative restriction.
                                                             2.      Goods listed in Article 1 which are manufac­
2.     Community provisions to regulate the inward
                                                             tured or obtained from products to which Article
processing trade in the products listed in Article 1
                                                             9 (2) and Article 10 ( 1 ) of the Treaty do not apply
shall be adopted not later than 1 July 1968 .                shall not be admitted to free circulation within the
                                                             Community.
3 . Rules to be applied until the provisions men­
tioned in paragraph 2 enter into force shall be
adopted in accordance with the procedure referred to                                   Article 9
in paragraph 1 ; they shall apply in respect of :
                                                             Member States and the Commission shall communi­
(a) the rate of yield to be taken when determining
     the quantity of Article 1 products used in the          cate to each other the information necessary for im­
     manufacture of processed goods for export;              plementing this Regulation. Rules for the communi­
                                                             cation and distribution of such information shall be
(b ) the determination, for the purpose of applying          adopted in accordance with the procedure laid down
     the import duty, 1 of the quantity of products          in Article 17 of Regulation No 122/67/EEC.
     used in the manufacture of processed goods put
     into free circulation.
                                                                                      Article 10
4. For the purposes of this Article 'inward process­
ing arrangements' means all those provisions deter­          1 . In order to offset the differences in feeding costs
mining the conditions under which products from              between Member States resulting from differences be­
third countries are used within the Community in the         tween feed-grain prices existing before 1 July 1967,
manufacture of goods for export and enjoy exemp­             provision may be made for charging a duty on im­
tion from the import duties applicable to them.              ports into one Member State from another Member
                                                             State during the period ending 30 July 1967 in re­
                                                             spect of the products listed in Article 1 .
                         Article 7
                                                             2.      In order to offset the differences in feeding costs
1 . The general rules for the interpretation of the          between third countries and Member States whose
Common Customs Tariff and the special rules for its          feed-grain prices are higher than the common prices,
application shall apply to the tariff classification of      such differences resulting from differences in such
products covered by this Regulation ; the tariff             prices existing before 1 July 1967, provision may be
nomenclature resulting from application of this Regu­        made for charging additional duty, in addition to the
 ---pagebreak---                                    Official Journal of the European Communities                                135
import duties set out in Article 2 increased where ap­       the procedure laid down in Article 17 of Regulation
propriate in pursuance of Article 5 , during the period      No 122/67/EEC . They shall be applicable until 31
ending 30 July 1967 on imports from third countries          December 1967 at the latest.
of the products listed in Article 1 .
                                                                                    Article 12
3.    The Council, acting in accordance with the
voting procedure laid down in Article 43 (2) of the
Treaty on a proposal from the Commission, shall              Regulation No 48 /67/EEC is hereby repealed with ef­
where necessary fix the amounts of the import duties         fect from 1 July 1967.
and additional import duties provided for in para­
graphs 1 and 2.                                                                     Article 13
                       Article 11                            This Regulation shall enter into force on the day fol­
                                                             lowing its publication in the Official Journal of the
Should transitional measures be necessary to facilitate      European Communities .
the transition from the system provided in Regulation
No 48/67/EEC to that established by this Regulation,         The system provided for in this Regulation shall be
such measures shall be adopted in accordance with            applicable from 1 July 1967.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 27 June 1967.
                                                                                  For the Council
                                                                                    The President
                                                                                     Ch . HEGER