CELEX: 51976PC0366
Language: en
Date: 1976-07-14
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) SUPPLEMENTING REGULATION ( EEC ) NO 100/76 WITH REGARD TO ARRANGEMENTS FOR IMPORTING PREPARED AND PRESERVED SARDINES

No C 200/2                         Official Journal of the European Communities                               26. 8. 76
                                                           II
                                                   (Preparatory Acts)
                                              COMMISSION
              Proposal for a Council Regulation supplementing Regulation (EEC) N o 100/76 with
                        regard to arrangements for importing prepared and preserved sardines
                            (Submitted by the Commission     to the Council on 20 July 1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         imports at abnormally low prices, import arrange-
                                                                 ments providing for the fixing of minimum prices
                                                                 should be laid down for the products concerned;
Having regard to the Treaty establishing the European
                                                                 whereas, however, such arrangements must not have
Community, and in particular Article 43 thereof,
                                                                 a more restrictive effect on trade than the measures
                                                                 previously applied;
Having regard to the proposal from the Commission,
                                                                 Whereas it is also necessary to lay down in respect
                                                                 of those products which are particularly sensitive, a
Having regard to the opinion          of the European            system of import licences which importers will
Parliament,                                                      undertake to observe; whereas, to ensure the proper
                                                                 functioning of the system, the issue of an import
Having regard to the opinion of the Economic and                 licence should be conditional on the provision of a
Social Committee,                                                security to guarantee the carrying out of the under-
                                                                 taking to import within the period of validity of the
                                                                 licence and an additional security should be provided
Whereas, pending the implementation of Community                 to guarantee the observance of the minimum prices
arrangements for the importation of, inter alia,                 by the importer;
prepared and preserved sardines, Article 18 (3) of
Council Regulation (EEC) N o 100/76 of 19 January
                                                                 Whereas in order to allow the Community import
1976 on the common organization of the market in
                                                                 system mentioned above to become operative as soon
fishery products ('), authorized the Member States to
                                                                 as possible, the minimum price to apply until
retain provisionally the quantitative restrictions which
                                                                 30 June 1977 should be fixed; whereas, to take
they apply to imports of those products;
                                                                 account of the customs duties applied by certain
                                                                 new Member States to imports from third countries
Whereas all quantitative restrictions can now be                 under Article 59 of the Act of Accession, a special
added on the products concerned at the external                  minimum price should be fixed for one time only
frontiers of the Community;                                      until 30 June 1977,
Whereas, however, it is necessary to limit the risks
                                                                 HAS ADOPTED THIS REGULATION:
which may result from the abolition of all quanti-
tative restrictions; whereas, in order to prevent
disturbances on the Community market owing to                                           Article 1
                                                                 Article 18 (3) of Regulation (EEC) N o 100/76 is
(*) OJ No L 20, 28. 1. 1976, p. 1.                               hereby amended to read as follows:
 ---pagebreak--- 26. 8. 76                           Official Journal of the European Communities                              No C 200/3
   '3.     Until such time as Community arrangements              4.      The conversion factors to be applied to such
   for imports of the prepared and preserved tunny                price to take into account any differences in the
   referred to in Annex IV (C) are implemented,                    variety, quality, composition, preparation, pack-
   Member States may retain in respect of those                    aging or size from those for which it was fixed
   products the quantitative restrictions in relation              shall be adopted in accordance with the procedure
   to third countries applicable when this Regulation              laid down in Article 32.
   enters into force.'
                                                                  5.      In so far as is necessary, detailed rules for
                                                                   the application of this Article shall be adopted, in
                          Article 2                                accordance with the procedure laid down in
                                                                   Article 32.
The following Articles are hereby added to Regu-
lation (EEC) No 100/76:                                            Article 20b
   'Article 20a                                                    1.     All imports into the Community of prepared
                                                                   and preserved sardines shall be conditional on the
                                                                   presentation of an import licence issued by the
    1.     Each year, a minimum price for imports of               Member States to any applicant, irrespective of his
   the prepared and preserved sardines referred to                 place of establishment within the Community. Such
    in Annex IV (C) shall be fixed before 1 July for               licence shall be valid for an operation carried out
   the following marketing year.                                   within the Community.
   2.      The minimum price shall take into account:              2.     The issue of the import licence shall be
                                                                   conditional on:
   — the average cost prices for the Community
         product during the period from the beginning               — the provision of a security guaranteeing the
         of the two years immediately preceding the                     carrying out of the undertaking to import
         year in which that price is fixed until the date               within the period of validity of the licence;
         of such fixing,                                                save in case of force majeure, this security shall
                                                                        be forfeited, in whole or in part, if the impor-
    — the free-at-frontier prices for imports during                    tation is not effected within the said period or,
         the period from the beginning of the two years                 is only effected in part,
         immediately preceding the year in which that
         price is fixed until the date of such fixing,             — the provision of an additional security guaran-
         excluding import prices which are excessively                  teeing that the free-at-frontier prices, plus the
         low or excessively high in relation to normal                  customs duties, for the products to be imported
         fluctuations; the duties applicable under the                  under the licence will not be less than the mini-
         Common Customs Tariff shall be added to                        mum prices. This security shall be forfeit in
         these prices,                                                  respect of quantities imported at a price lower
                                                                        than the minimum price; however, this addi'
    — the prices for the products concerned on the                      tional security shall not be required in the case
         main world markets,                                            of products originating in third countries which
                                                                        undertake to guarantee, and are in a position to
    — the need to prevent the application of the                        ensure, that the price applied will not be lower
         minimum price from having a more restrictive                   than the minimum price and that any deflection
         effect on trade than the measures previously                   of trade will be prevented.
         applied by the Member States,
    — the need to ensure that the application of the                3.     The period of validity of the licences and
         minimum prices contributes to the harmonious               the other detailed rules for applying this Article,
         and normal development of competition with                 which may in particular lay down a time limit for
         third countries.                                           the issue of the licences, shall be adopted in accord-
                                                                    ance with the procedure laid down in Article 32.'
    3.     The Council, acting by a qualified majority
    on a proposal from the Commission, shall fix the                                      Article 3
    minimum price for a product with given commer-
     cial specifications according to variety, compo-
    sition, preparation, packaging and size and the date        1.     The minimum price referred to in Article 20a
    of the entry into force of the minimum price.               of Regulation (EEC) N o 100/76 which shall be valid
 ---pagebreak--- No C 200/4                               Official Journal of the European Communities                                       26. 8. 76
until 30 June 1977 and the product to which it relates                                               Article 4
are specified in Annex I hereto.
                                                                           This Regulation shall enter into force on the day
                                                                           of its publication in the Official Journal of the
2.    A special minimum price for imports of
                                                                           European Communities.
prepared and preserved sardines into Denmark and
the United Kingdom and the product to which it
relates are specified in Annex II hereto.                                  The arrangements provided for in this Regulation
                                                                           shall apply with effect from the first day of the
The said price shall be valid until 30 June 1977.                          second month following that of the said publication.
Articles 20a (4) and (5) and 20b of the said
Regulation shall apply to the imports referred to in                       This Regulation shall be binding in its entirety and
the first subparagraph.                                                    directly applicable in all Member States.
                                                                   ANNEX 1
                                                                      Semi-gross                     Minimum prices
                            Size                     Net weight       weight less  Capacity      customs duties included
                                                                      packaging                u.a. per carton of 100 tins
                                                                                                  Community excluding
                    Trade        Total height                                               Denmark and the United Kingdom
                                               Ounces            g         g       Cubic cm
                specification
                                                                                                        in olive oil
                  V4 club            30         43/«           125        190        125                   18-50
                                                                   ANNEX 11
                                                                      Semi-gross                     Minimum prices
                            Size                      Net weight      weight less  Capacity      customs duties included
                                                                       packaging                u.a. per carton of 100 tins
                                                                                            Denmark and the United Kingdom
                    Trade        Total height
                                               Ounces            g         g       Cubic cm
                specification        mm
                                                                                                        in olive oil
                  i
                    U club            30        4 3 /s         125        190        125                   17-76