CELEX: 31974R1555
Language: en
Date: 1974-06-17 00:00:00
Title: Regulation (EEC) No 1555/74 of the Council of 17 June 1974 supplementing Regulation (EEC) No 2142/70 as regards the import arrangements for carp and trout

22. 6. 74                               Official Journal of the European Communities                            No L 167/ 1
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                                             (Acts whose publication is obligatory)
                                REGULATION (EEC) No 1555/74 OF THE COUNCIL
                                                        of 17 June 1974
               supplementing Regulation ( EEC) No 2142/70 as regards the import arrange­
                                                   ments for carp and trout
THE COUNCIL OF THE EUROPEAN                                                                 Article 2
COMMUNITIES,
Having regard to the Treaty establishing the European              Regulation (EEC) No 2142/70 shall be supplemented
Economic Community, and in particular Article 43                   by the following Article :
thereof ;
Having regard to the proposal from the Commission ;                    Article 18a
Having regard to the Opinion of the European Parlia­
ment (*) ;                                                             1 . In order to obviate disturbances caused by
                                                                      offers from third countries at abnormally low
Having regard to the Opinion of the Economic and                      prices, reference prices for carp referred to in
Social Committee (2) ;                                                Annex IV (A) may be fixed before the beginning
Whereas, pending the setting up of the Community                      of each marketing year. These prices may be fixed
import system for carp and trout, Article 1 7 (3) of                  at different levels during periods to be specified
Council Regulation (EEC) No 2142/70 (3) of 20                         within each marketing year, according to seasonal
October 1970 on the common organization of the                         fluctuations in prices .
market in fishery products, as last amended by Regula­
tion (EEC) No 31 59/73 (4), authorized the Member
States to maintain temporarily the quantitative restric­               2. The reference prices referred to in paragraph
tions that they apply to the import of the said                        1 shall be fixed on the basis of the average of the
products ;                                                             production prices recorded during the three years
                                                                       preceding the date on which the reference price is
Whereas it is now possible to discontinue all quantita­                fixed for a product which is defined by its commer­
tive restrictions affecting the two products in question               cial characteristics in the representative production
at the external frontier of the Community, subject to                  zones within the Community.
the fixing, for carp, of a reference price in order to
avoid disturbances on the Community market
resulting from imports at exceptionally low prices ;                   3 . If the free-at-frontier price valid for a consign­
Whereas the system of reference prices should not be                   ment of a normal commercial quantity of carp
allowed to have a more restrictive effect on trade than                coming from a specified place is lower than the
the measures previously applied,                                       reference price, the imports of those products
                                                                       from the third country in question may be subject
                                                                       to a compensatory tax equal to the difference
HAS ADOPTED THIS REGULATION :                                          between the reference price and the free-at­
                                                                       frontier price plus the customs duty effectively
                            Article 1                                  levied . The Commission shall follow regularly the
                                                                       developments in the respective free-at-frontier
 In Article 17(3) of Regulation (EEC) No 2142/70 the
                                                                       prices of products imported from each source.
words 'products listed in Annex IV (A) and (C)' shall
be replaced by the words 'products listed in Annex IV
(C)\                                                                   4 . The compensatory tax referred to in para­
                                                                       graph 3 shall not, however, be collected in the
( 1) OJ No C   48 , 25 . 4. 1974, p. 21 .                              case of third countries which are prepared to
(2)  Doc. ESC  560/74.
(>)  OJ No L   236, 27 . 10 . 1970 , p. 5 .                            guarantee , and are in a position to guarantee, that
(4)  OJ No L   322, 23 . 11 . 1973, p. 4.                              when carp which originate in and come from their
 ---pagebreak--- No L 167/ 2                      Official Journal of the European Communities                            22 . 6 . 74
  territory are imported into the Community, the                discontinuance of the compensatory tax and the
  price plus the customs duty effectively levied shall          eligibility of third countries for the benefits of
  not be less than the reference price and that deflec­         paragraph 4 shall be taken in accordance with the
  tions of trade will be avoided .                              same procedure.'
   5. Detailed rules for the application of this                                     Article 3
  Article, in particular as regards the level of the
   reference prices shall be laid down according to         This Regulation shall enter into force on the third day
   the procedure provided for in Article 29 . Deci­         following its publication in the Official Journal of
   sions as to the introduction , amendment and             the European Communities.
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
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            Done at Luxembourg, 17 June 1974.
                                                                          For the Council
                                                                           The President
                                                                              J. ERTL