CELEX: 51973PC0723
Language: en
Date: 1973-05-11
Title: PROPOSAL FOR A COUNCIL (EEC) REGULATION laying down the general conditions for the application of Article 24(4) of Regulation (EEC) No 1035/72

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 723
Vol. 1973/0140
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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 ---pagebreak--- COMMISSION OP THE EUROPEAN COMMUNITIES
                                                   COM(73 ) 723 final
                                                   Brussels , 11 May 1973
                       PROPOSAL FOR A
                     COUNCIL ( EEC) REGULATION
                     laying down the general conditions
                     for the application of Article 24(4)
                     of Regulation ( EEC) NO 1035/72
  COM(73 ) 723 final
 ---pagebreak---                          EXPLANATORY IMIORAIINJH
                 Article 24 ( 4 ) of Regulation (ESC ) NO 1035/72 provides that
with regard to summer pears , tomatoes , cucumbers , table grapes and peaches
the prices of Community products shall also be adopted for calculating the
entry price if the quantities imported are significant and if the quantities
marketed on the representative import markets are not significant compared
with total imports .
                 This provision , adopted in November 1972 when Regulation
(EEC ) NO 1035/72 was amended, is to enter into force on the starting date
of the marketing year for each of the products concerned . The aim of this
draft proposal for a Regulation is to lay down the general conditions for
the application of Article 24(4 ) of "the Regulation referred to above .
                 The chief points covered by these rules are :
- the periods during which that provision applies , corresponding to the .
  periods during which significant quantities are usually imported ?
- the fixing of the minimum quantities marketed on the representative markets
  which may be regarded a3 significant compared with total imports . In this
  respect it could be considered that if these quantities are below 40 % of
  total imports , they cannot offer a satisfactory picture of the import
  market ;
- the conditions under which the prices of Community products would bring the
  system into operation, and the conditions under which these prices would be
  adopted for calculating the entry price . On this point it is considered
  that , in view of the objective to be attained , these prices can be adopted
  for calculating the entry price only if they are lower than the reference
  price .
 ---pagebreak---                                                                             I
                        PROPOSAL FOR A COUNCIL REGULATION
laying down the general conditions for the application of Article 24(4 ) of
                         Regulation (EEC ) No 1035/72
                         THIS COUNCIL OF THE EUROPEAN COMMUNITIES }
                         Having regard to the Treaty establishing the European
                         Economic Community )
                         Having regard to Council Regulation (SEC) No 1035/72^^
                         of 18 May 1972 on the common organization of the markets
                         in fruit and vegetables , as last amended by Regulation
                         (EEC) NO 2745/72^, and in particular the last sub­
                         paragraph of Article 24(4 ) thereof ?
                         Having regard to the proposal from the Commission}
Whereas Article 24(4 ) of Regulation (EEC ) No 1035/72 provides that in the
case of summer pears , tomatoes , cucumbers , table grapes and peaches the
prices of Community products shall also be adopted for calculating the
entry price if the quantities imported are significant and if the quantities
marketed on the representative import markets are not significant composed
with total imports ;
Whereas a study of the level of imports from third countries during recent years
reveals that significant quantities are imported during a given period of the
marketing year ; whereas the given period applicable to each product should be
expressly recognized ?
Whereas it is necessary to establish , in respect of each product / the minimum
percentage of the quantities marketed on the representative import markets
compared with the total quantities imported during a given period ;
( lì OJ No L 116 , 20/5/1.972 , p . 1
( 2 ) OJ No L 291 , 28/12/1972 , p . 147
 ---pagebreak---                                                            2.
Whereas it would appear useful to adopt the prices of Community products
calculated over a certain period , so as to prevent import measures from
being influenced by daily price fluctuations which can be observed on the
production markets ;
Whereas the method of calculating the prices of Community products must be
laid down ; whereas correcting factors should be applied to the prices of
Community products at the producer market stage , to make these prices com­
parable with those of imported products on the representative import markets ;
Whereas it is necessary to define the conditions under which the prices of
the Community products are to be adapted for calculating the entry price ;
whereas in view of the objective to be attained , these prices should be
taken into consideration only if they are lower than the reference price ;
                          HAS ADOPTED THIS REGULATION :
Article 1
1 * The conditio^ laid down in the first indent of Article 24(4 ) shall be
    considered fulfilled during the periods set down in the Annex.
2 . The condition laid down in the second indent of Article 24(4 ) shall be
    considered fulfilled for a given product where the quantities marketed
    on all of the representative import markets over a period of seven con­
    secutive days from Friday to Thursday represents less than 40    of the
    quantities imported ,
3 . Subject to the preceding paragraphs , the price of Community products shall
    be adopted for calculating the entry price only where the price of Community
    products determined in accordance with Article 2 , is lower than the re­
    ference price recorded over tho sane period of seven days as that speci­
    fied in paragraph 2 .  ■
 ---pagebreak---                                                             3
Article 2
                  The price of Community products , referred to in Article 1 ,
shall be equal to the arithmetic mean of the daily prices recorded over the
period specified in that Article plus an amount equal to that allowed for
transport costs in calculating the reference price .
                  The daily price shall be equal to the arithmetic mean of the
average prices recorded on all the representative production markets taken
into consideration for fixing the reference prices for home-grown products
which have the same characteristics as products by reference to which the
reference prices are fixed . However , the prices recorded on a given market
shall , if they relate to products from a mode of cultivation different from
that of products by reference to which the reference prices are fixed , be
adjusted , for the purpose of calculating the average price , by the conversion
factors prescribed for calculating the entry price of that type of product
by the Regulations fixing the reference prices .
Article 3
1.                When , for a given product and a given exporting country , the
conditions laid down in Article 1 are fulfilled, the entry price for the
exporting country concerned shall bo equal :
( a) to the arithmetic mean between the entry price of the imported product
     calculated in accordance with Article 24(3 ) of Regulation (EEC ) No 1035/72
     and the price of the Community product calculated in accordance with
     Article 2 , if the price of the Community product is lower than :
     - the entry price referred to above ,
     - the reference price valid on the relevant day ,
(b) to the entry price of the imported product referred to in Article 24(3 )
     of regulation (EEC ) No 1035/72 if the price of the Community, product
     is higher than its
                                                                       /.
 ---pagebreak---                                                             4.
( c ) to the price of the Coracmnity product calculated in accordance with
      Article 2 if it is lower than the reference price valid on the relevant
      day and if the prices of the imported product are not available .
2.                 Paragraph 1 shall apply frora the Friday following the
seven day period referred to in Article 1 .
Article 4
                   Detailed rules for the application of this Regulation shall
he adopted in accordance with the procedure laid down in Article 33 of
Regulation (EEC ) No 1035/72 .
A rticl e 5
                   This Regulation shall enter into force on the third day
following its publication in the Official Journal of the European Communities ,
                   This Regulation shall be binding in its entirety and directly
applicable in all Member States .
                                         Done at Brussels , 11 May 1973
                                         For the Council
                                         The President
                                        Francois-Xavier ORTOLI
 ---pagebreak---                                                         ANiJEX
             Periods during which quantities imported are significant :
Peaches            from 1 July to 31 August
Cucumbers          from 1 February to 30 June and from 1 to 30 November
Tomatoes           from 1 April to 31 July and from 1 October to 20 December
Table Grapes       from 1 August to 20 November                         ,
Sumner Pears       from 1 July to 31 August