CELEX: 51973PC0017
Language: en
Date: 1973-01-16
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL on Community rules applicable in the matter of agricultural products to the Channel Islands and the Isle of Man (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 17
Vol. 1973/0001
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 ---pagebreak---                       COMMISSION OP THE EUROPEAN COMMUNITY
                                            COM(73 ) 17 final
                                            Brussel , January 16 1973
                                Proposal for a
                          REGULATION (EEC ) OF THE COUNCIL
               on Community rules applicable in the matter of
        agricultural products to the Channel Islands and the Isle of Man
                  ( submitted to the Council by the Commission )
COM(73 ) 17 final
 ---pagebreak---                              .  EXPLANATORY MEMQRAJTOUM
Article .1 ( 2 ) of Protocol No 3 on the Channel Islands and the Isle of Man
annexed to the Act concerning the Conditions of Accession and the Adjust­
ments to the Treaties provides that , in respect of agricultural products
and products processed therefrom which are the subject of a special trade
regime , the levies and . other import measures laid down in Community rules
and applicable to. third countries by the United Kingdom shall be applied
to the Channel Islands and the Isle of Man . Also applicable to these islands
are the Community rules which are necessary to allow free movement and ob­
servance of normal . conditions of competition in trade in these products .
It follows therefore from the interpretation of this Protocol that while
provisions relating to trade are , or can be made , applicable to these islands ,
those relating to financing ( own resources , EAGGF) are not . However, as far
as own .resources are concerned, care must be taken to ensure that non-
application of these provisions does not lead to deflections in the
Communities takings .
Further on , as the nature of the own resources are not tied to the way they
are spent , it should.be made sure that the islands does not profit f tdn
other expenses in the future , here also included the expenses for the operation
of the institutions . In- fact the own resources do not have a < special affectation.
This is positively indicated in the Decision of 21 April 1970 on . the own, re­
sources .
                                                                   I
Jn this connection^ the Commission will keep a close watch not only on the
evolution of the trade between the islands and third countries , but also on
the general effect of the relations these islands are likely to establish
with the mechanisms of the Community.
Finally , it remains to regulate the practioal methods for collecting of the
levies and other laws for the Anglo–Norman islands , and in particular to
solve the problems raised by the present mechanism concerning the Isle of
Han .
Trade arrangements affecting imports from third countries must apply under
the same conditions as in the United Kingdom. Community rules which involve
any control or restriction of trade ( export charges , safeguard clauses ,
export licences ) need to be applied to exports since such measures are
essential if there are to be no obstacles to free movement at intra-Community
level . On the other hand measures to promote trade ( export refunds ) oannot
 ---pagebreak--- be made compulsory since they will' -not "be financed by the EAGGF . However ,
to ensure fair conditions of competition , Community refunds will serve r.s a
ceiling for any measures taken by the islands to promote exports to third
countries .
As far as arrangements governing intra-Coniiaunity trade are concerned , the
principle is that arrangements in force for trade with the United King­
dom should apply , the compensatory amounts granted by the United Kingdom
serving as a oeiling for any aids to promote exports .
As far as aids other than aids to promote exports are concerned , it would
be enough to make provision for these to be notified to and reviewed by the
Commission which would be free to make observations . Proposals for extending
the application, of the provisions of the Treaty could be submitted to the
Council if this proved necessary .
Other provisions on the common organization of markets , with particular
reference to the price system and intervention arrangements , will not
apply to the islands since their application is not needed to ensure
free movement given the level of production in these islands .
Finally , other rules applicable to the products referred to in Article 1 ( 2 )
of the Protocol and relating to composition , quality or presentation ( veterinary
legislation , plant health legislation , legislation on feedings tuffs and food ,
standardisation ) need only apply to products traded between the Community and
the islands or imported from third countries . Community rules will not apply
to domestio production consumed locally .
 ---pagebreak---                                      Proposal for a
                    REGULATION (EEC )         , ' . 0? THE COUNCIL
                ■ on Community rules applicable in the matter of
               agricultural products to the Channel Islands and the Isle of Man
THE COUNCIL 03? THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty ( l ) concerning the Accession of n«w Member
States to the European Community and the European Atomic Energy Community
 signed in Brussels on 22 January 1972 , and in particular the third sub­
paragraph' of Article 1 ("2 ) of Protocol Wo 3 of the Act ( 2 ) annexed thereto ;
Having regard to the proposal from the Commission! •
Whereas trade arrangements in respect of the agricultural products covered
by Annex II to the Treaty establishing the European Economio Community and
of those, covered, by Council Regulation wo if'O/67/EEC ( 3) of 27 June 1967 on
the common system of trade for ovalbumin and lactalbumin and repealing
Regulation No 48/67/ESC , amended by Regulation (EEC ) No 108l/7-l ( 4)1      -! ?
and by Council Regulation (EEC ) No 1059/69 ( 5 ) of 28 May 1969 laying down
the trade arrangements applicable to certain goods resulting from the
processing, of agricultural products ^ .as last amended by Regulation ( EEC )
No 609/72 ( 6), ( hereinafter called "products") applicable to the Channel
Islands and, the Isle of Man ( hereinafter called ."islands") must allow free
movement and observance of normal conditions of competition ;
'aiereas to allow free movement , the rules relating to these trade arrange­
ments applicable in the United Kingdom should , as a general rule , be appli­
cable , the United Kingdom and the islands being treated as a single Member
State for the purpose, of . applying these rules | ,       .
Whereas , however, suns charged in these d'slandB • 7                    •
for customs duties , 'charges , levies or other' amounts are riot part of the :
Community budget f whereas Conunuriity financing of the' common agricultural : : :
policy is not applicable } whereas , therefore', rules' td promote' exports should
( 1 ) OJ No L 73V 27 March 1972 , p. 5.
( 2 ) OJ No L 73 , 27 March 1972 , p. 14 »                                 ./.
( 3) OJ No L - 130,- 20 June 1967 , p. 2596/67 .
( 4) OJ No L 116 , 28 May 1971 , p. 9
( 5) 0J No L 141 , 12 June 1969 , p. 1
( 6 ) OJ No L 75 , 23 March 1972 , p. 6
 ---pagebreak---                                         - 2 -
    not be applied , the amounts granted by the Community serving only as a
    ceiling for the aids which can be granted by the islands ;
    Whereas steps should be taken to prevent products originating in these
    islands being exported to third countries by a Member State with a view
    to benefiting from the refund financed from the Community(s budget ;
    Whereas Community rules on intra-Community trade provide , in certain cases ,
    for the granting of anounts on exports from the United Kingdom to other Mem­
    ber States ; wheias these amounts should serve as a ceiling for the aids
    which can be granted by the islands ; whereas , as far as other aids granted
    in trade are concerned , application of Community rules can be confined to
    notification arrangements , the Commission being free to make oofeservations ;
    Whereas , to ensure that there are no obstacles to free movement , other
    rules - on veterinary and plant health legislation , on marketing
    of seeds and seedings , on food' legislation , on feedingstuffs legislation ,
    on quality and marketing standards - must be applied but only insofar as
    these affect trade ;
    Whereas , as far as veterinary matters '-axe conc&rned , the legislation applied
    in the islands is identical to that applied in Northern Ireland ; whereas
    the islands can therefore be allowed to follow the:.- arrangements to be
    applied in this matter by Northern Ireland without giving rise to any diffi­
    culties in trade ;
    HAS ADOPTED THIS REGULATION :
                                      Article 1
1 . Community rules applicable in the United Kingdom to trade in agricultural
    products covered by Annex II to the Treaty and in goods covered by Regula­
    tion n° I70/67 /EEC and Regulation (EEC) n° 1059/69 1 shall apply to the
    Channel Islands and the Isle of Man , with the exception of rules on refunds
    and on compensatory amounts granted on exports .
2 . For the purpose of applying the rules referred to in paragraph 1 , the United
    Kingdom and the islands shall be treated as a single- Member State .
                                                    1            •••/•••
 ---pagebreak---                                          - 3 -
3 . No refund shall be granted, in respect of the products referred to in para­
    graph 1 , originating in these islands , in respect of which customs formali­
    ties are completed in a Member State .
4 » Where the products referred to in paragraph 1 are exported to third countries ,
    the islands may not grant aids in excess of the refunds granted by the United
    Kingdom on exports to third countries *
    5 . Where the products referred to in paragraph 1 are exported to Member
    States , the islands may not grant aids in excess of any amounts granted by
    the United Kingdom on exports "to other Member States .
                                      Article 2
    As far as aids other than those referred to m Article 1 are concerned , the
    provisions of Article 93 ( l ) and the first sentence of Article 93 ( 3 ) of the
    treaty establishing the European Atomic Energy Community shall apply.
    The Council , acting by a qualified majority on a proposal from the Commission ,
    shall make the other provisions of Article 92 to 94 of the Treaty applicable
    should this prove necessary .
                                      Article 3
    The Community rules applicable in the matter of :
    - veterinary tagi slat ion
    -animal health legislation
   -plant health legislation
    - marketing of seeds and seedlings
    - food legislation
    - feedingstuffs legislation
    – quality and marketing standards
    shall apply under the same conditions as in the United Kingdom to the pro­
    ducts referred to in Article 1 imported into the islands or exported from
    the islands to the Community , The veterinary legislation shall apply under
    the same conditions as in   Northern Ireland .
                                      Article 4
    Detailed rules for the application of this Regulation , notably rules to pre­
    vent deflections of trade , shall be adopted in accordance with the procedure
    laid down in Article 26 of Regulation n° I20/67 /EEC or in the corresponding
                                                                      m • • ' • • •
 ---pagebreak---                                    - 4 -
Article of other Regulations on the common organization of markets as the
case , may be .
                                 Article 5
This regulation shall enter into force on 1 February 1973 •
This regulation shall be binding in its entirety and directly applicable
in all Member States .
                                         r
    Bone at Brussels ,                      For the Council ,
                                            The President