CELEX: 51973PC1911
Language: en
Date: 1973-11-13
Title: PROPOSAL FOR A COUNCIL REGULATION concerning the use to be made during a certain period 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 (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1911
Vol. 1973/0336
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(73) 1911 final
                                                    Brussels , 13 November 1973
                                     PROPOSAL FOR A
                                COUNCIL REGULATION
                               ma*-**-     * ■■ ^ .
        concerning the use to "be made during a certain period 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
                   ( submitted to the Council "by the Commission)
   COM(73) 1911 final
 ---pagebreak---                                                             YI/2682/7>E
                             EXPLANATORY MEMORANDUM
Some of the Regulations which establish the common organization of markets
contain a provision which has the effect of prohibiting inward processing
arrangements in trade between Member States ;    this provision results not
only because of the inherent incompatibility between inward processing
arrangements and the regulation of prices but also because the absence of
charges in the exchanges between the Member States since the institution
of the common organization of markets .
However , x.'hile such measures are justified in trade between the Community
as originally constituted and the new Member States and between the new
Member States themselves where the products involved are subject to price
regulation , they do not appear to be necessary economical ly in the case of
products in respect cf which customs duties or components intended to
ensure the protection of the processing industry still apply .
This draft Regulation thus has a two-fold object :
–   to bring about the prohibition only of such inward processing
    operations as are liable to distort the operation of the price
   regulators applied under the common agricultural policy , and
-   to permit only such inward processing operations as do not cause
    such distortion , as long as customs duties or components intended to
    ensure the protection of the processing industry are still applied .
 ---pagebreak---                                                             VI/2682/73-E
                                 Proposal for a
                               COUTTCIL REGULATION'
concerning tho use to "be made during a certain period 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
THE COUNCIL OP THE EUROPEAN" COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ;
                               4
Having regard to the Treaty      concerning the accession of new Member States
to the European Economic Community and to the European Atomic Energy
Community , signed at Brussels on 22 January. 1972 , and in particular Article
62(1 ) of the Act ( 2 ) annexed thereto ;
Having regard to the proposal from the Commission ;
Whereas some of the Regulations which establish the common organization of
markets contain a provision which prohibits the admission to free
circulation within the Community of goods subject to such organization
which are manufactured or obtained from products to which Article 9(2 ) and
Article 10(1 ) to the Treaty do not apply .
Whereas for as long, as customs duties or components intended to ensure the ..
protection of the processing industry still apply to trade in certain ,
agricultural products between Member States of the Community as originally
constituted and the new Member States and between the new Member States
themselves , it may bo economically justifiable to process or work under
inward processing arrangements products of every kind and , subject- to'
Article 45 of "the Act , to admit the compensating product , which is subject-
to customs duties or to a protective component , to free circulation ;
Whereas to enable such operations to be carried out , special provisions
should be adopted , to be applicable during the period concerned ;
 ( 1 ) O.J. Ko . L 73 of 27.3.1972 , p. 5
 ( 2 ) O.J. Ho . L 73 of 27.3.1972 , p.14
 ---pagebreak---                                             2
  Whereas during the period referred to above compensating products may "be
  manufactured or assembled from products imported from another Member State
  which fulfil one of the oonditions referred to in Article 9(2 ) of the
  Treaty ;   whereas whon these compensating products are liable to
  compensatory amounts in trade between Member States the result is that
  price regulation no longer has any effect ;       whereas it is important
  therefore to prohibit the admission of such compensating products to free
  circulation ;
           /
- HAS ADOPTED THIS REGULATION:
                                    Article 1
  For the purposes of this Regulation the Member States of the Community as
  originally constituted shall be regarded as a single Member State .
                                    Article 2
  1.   It shall be incompatible with the system of compensatory amounts
  provided for in Article 550 ) (a)     "fc *10 Act of Accession to export from
  one Meiaber State to another compensating products which have been
  manufactured or assembled from products not subject in the exporting Member
  State to either :
  -  compensatory amounts , as provided for in Article 55 °f "th"3 Act of •     ■
     Accession ;
  -  levies or other amounts or taxes , as provided for under the common
     agricultural policy .                       '   _
  2.    Where the levy includes a component intended to ensure the protection
  of the processing industry paragraph 1 shall not ap'oly in respect of such'
  component •                 :                .              ■■<...
                                    Article 3
  Article 21(2 ) of Regulation No , 120/67/EEC and corresponding provisions
  in other Regulations on the common organisation of marltets ghall 'be
  suspended for as long as customs duties between Member States or components
  intended to ensure the protection of the processing remain in force .
 ---pagebreak---                                                 /
                                                              \
                                   - 3 -                  VI/2682/73-E
                                  Article 4
              &  •
This Rogulaticai shall enter into force on tho day of its publication in the
Official Journal of the European Communities .
It shall apply from 1 January 1 974 *
This Regulation shall be "binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,          1973
                                                       For the Council
                                                       The President