CELEX: 31973R0357
Language: en
Date: 1973-01-31 00:00:00
Title: Regulation (EEC) No 357/73 of the Commission of 31 January 1973 on the movement of goods obtained in the Community under a procedure for the suspension or drawback of customs duties or other import charges

12 . 2 . 73                           Official Journal of the European Communities                            No L 39/3
                               REGULATION (EEC) No 357/73 OF THE COMMISSION
                                                    of 31 January 1973
             on the movement of goods obtained in the Community under a procedure for the suspension
                                 or drawback of customs duties or other import charges
THE COMMISSION OF THE EUROPEAN                                    Whereas taking into account the experiences obtained
COMMUNITIES ,                                                     within the original Community in a similar situation,
                                                                  the risk of distortion of competition, for Community
                                                                  producers, from recourse by processors to a procedure
Having regard to the Treaty establishing the European             allowing suspension or drawback of customs duties
Economic Community ;                                              or other import charges does not require the adoption
                                                                  of a special measure aimed at compensating for the
                                                                  effects of this procedure ;
Having regard to the Treaty (*) concerning the
Accession of the Kingdom of Denmark, Ireland, and
the United Kingdom of Great Britain and Northern                  Whereas, it is nevertheless necessary to exclude from
Ireland to the European Economic Community and                    the benefit of the Community procedure products
the European Atomic Energy Community ;                            coming from third countries which, before importation
                                                                  into the Member State of destination, are subjected
                                                                  in another Member State under a procedure for the
                                                                  suspension or drawback of customs duties or other
Having regard to the Act ( 2) concerning the Conditions
of Accession and the Adjustments to the Treaties, and             import charges to a treatment of minor significance
particular Article 45 (2) ;                                       with the sole object of their benefiting from the tariff
                                                                  treatment which will result from the Community
                                                                  procedure ;
Whereas it is necessary to determine the conditions
under which goods obtained in the Community under
a procedure for the suspension or drawback of customs             HAS ADOPTED THIS REGULATION :
duties or other import charges may benefit from
Community procedure in trade between the Community
as originally constituted and new Member States
and between the new Member States themselves ;                                            Article 1
                                                                  1 . Up to and including the 31 December 1973 , goods
Whereas this procedure will be implemented for                    obtained in a Member State and in the manufacture of
agricultural goods and for certain goods processed                which have been incorporated products on which have
from agricultural goods as from 1 February 1973                   not been charged :
and for all other goods as from 1 April 1973 ;
                                                                  — customs duties and charges having equivalent
                                                                      effect ;
Whereas the fact that agricultural products subject to
levies and other import charges provided for under                — compensatory amounts as prescribed in Article 55
the common agricultural policy and certain goods                      of the Act of Accession ;
processed from agricultural goods are obtained in the             — levies and other import charges provided for under
Community is not compatible with the procedure for                    the common agricultural policy ;
compensatory amounts referred to in Article 55 of the
aforesaid Act ;
                                                                  which were applicable to them in that Member State,
                                                                  or which have benefited from a total or partial
Whereas as regards other goods the tariff reductions              remission or repayment of such duties, charges, amount
to be made by Member States will not exceed 20%                   levies or other import charges are admitted shall
of the basic duties during 1973 ;                                 benefit on importation into another Member State
                                                                  from the progressive abolition of customs duties and
                                                                  charges having equivalent effect and the abolition of
H OJ No L 73 , 27. 3 . 1972 , p. 5 .                              quantitative restrictions and measures having equiv­
(2) OJ No L 73 , 27. 3 . 1972 , p. 14.                            alent effect, provided for in the Act concerning the
 ---pagebreak--- No L 39/4                          Official Journal of the European Communities                               12 . 2 . 73
Conditions of Accession and the Adjustment to the                                     Article 2
Treaties annexed to :
                                                              In those cases where the products used are products
                                                              coming from third countries which are subjected to a
— the Treaty concerning the Accession of the                  treatment insufficient to be regarded as manufacture
    Kingdom of Denmark, Ireland and the United                the goods so obtained shall benefit from the procedure
    Kindom of Great Britain and Northern Ireland to           referred to in Article 1(19) only on condition that they
    the European Community and the European                   are in free circulation according to the provisions of
    Atomic Energy Community ; and                             the EEC Treaty, the ECSC Treaty and the Act of
                                                              Accession .
— the Council Decision of the European Communities
    concerning the Accession of the said States to the
    European Coal and Steel Community,                                                 Article 3
hereinafter referred to as 'the Act of Accession'.            This Regulation shall enter into force on the day of
                                                              its publication in the Official Journal of the European
2. For the purposes of the present Regulation, the            Communities,.
Community as originally constituted is regarded as a
single Member State.                                          This Regulation shall apply from 1 February 1973 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 31 January 1973 .
                                                                             For the Commission
                                                                                  The President
                                                                            Francois-Xavier ORTOLI