CELEX: 51975PC0189
Language: en
Date: 1975-04-29
Title: PROPOSAL FOR A COUNCIL REGULATION on imports of fresh lemons originating in Israel (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 189
Vol. 1975/0069
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(75)189 final
                                                          Brussels , 29 April 1975
                        PROPOSAI FOR A COUNCIL REGULATION
               on imports of fresh lemons originating in Israel
                  ( submitted to the Council by the Commission)
  COM(75) 139 final
 ---pagebreak---                               EXPLANATORY I33I0RAUUUM
1 . Protocol n° 1 of the new agreement between the European Economic Community
    and Israel , concerning the application of Article 2 , 2d paragraph of the
    agreement , defines the system applicable to imports into the Community
    of fresh lemons .
    This preferential import system is subject to observance by Israel of a
    price fixed on the internal market of the Community ; therefore detailed
    rules of application must be adopted .
    This is the object of the present proposal .
2 , Article 8 of the above mentioned Protocol prescribes that customs duties
    to be paid by Israel for fresh lemons , when imported into the Community ,
    are equal to 60 $ of the Common Customs Tariff , on condition that prices
    on the internal market of the Community of fresh lemons imported from
    Israel are , on representative community markets , recorded at , or converted
    to , the import wholesale stage , after customs clearance and deduction of import
    charges other than customs duties , higher or equal to the reference price
    for the period involved , plus the incidence of the customs duties applied
    with respect to third countries on this price and a fixed charge of
    1,20 units of account per 100 kilogrammes .                                1
    Article 2 of the present proposal details rules which will be applied by
    the Commission in order to verify the conformity with the Agreement of the
    prices at the import/wholesale stage on the representative community
    markets .
    For this purpose , and in order to avoid any discrimination, the representa­
    tive community markets and the other technical elements for calculation are
    those used for recording the prices on the basis of which the entry price
  . referred to in Regulation ( EEC) N° 1035/72 is calculated .
3 . Article 3 prescribes that the price to be observed shall be equal to the
    reference price in force for that period, plus the incidence of the customs
    duties applicable with respect to third countries on that reference price ,
    and a fixed charge of 1,20 units of account per 100 kilogrammes .
                                                                • 9 •/ • • •
 ---pagebreak---                                        2
4 . Article 4 establishes measures to* be taken where prices on representative
 •  Community markets are not conforming to the price to be observed . In fact ,
    the entry into the Community of fresh lemons from Israel at a price lower
    than this price and with customs duties already reduced, could disturb the
    Community market for lemons . Therefore it is proposed that when prices
    remain for 3 consecutive market days lower than the price to be observe' ,
    customs duty in force with respect to third countries shall be applied to
    the product in question . This arrangement shall continue to apply until
    these prices are found to be for three consecutive market days equal to
    or higher than the price to be observed .
 ---pagebreak---                           PROPOSAL FOR A
                   REGULATION (EEC) No    /75 OP THE COUNCIL
       on "the importation of fresh lemons originating in Israel
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,               .     ,
Having regard to* "the Treaty establishing the European Economic Community,
and in particular Article 43 thereof î
Having regard to the proposal from the Commission?
Having regard to the Opinion of the European Parliament ;
Whereas Protocol Ho 1 to the Agreement between the European Economic
Community and the State of Israel , signed at
on                  f provides in Article 8 for- tariff reductions on
imparts into the .Community of fresh lemons originating in Israel J
whereas , during the . period in which reference prices apply, the reduction
is subject to observance of a price fixed on the internal market of. the
Community } whereas detailed rules of application must be adopted to
implement .these arrangements ;                                 ...
Whereas the system proposed should come within the . framework of the common
organization of the market in fruit and vegetables ; whereas , therefore ,
account should be taken of the provisions of Council Regulation (EEC )
No 1035/72^ of 18 May 1972 on the common organization of the market"" in
fruit and' vegetables, as last ainended by Regulation (EEC) No 2745/72^,
and of the provisions adopted in application of that Regulation,
HAS ADOPTED THIS REGULATION :        " .             •    . .      . .
•■ OJ No L 118 , 20 May 1972 , p . 1
20J No L 291 , 23 Docembcr 1972 , p.147
 ---pagebreak---                                    Article 1
This Regulation prescribes detailed rules for applying the system of preferences
provided for in Article 3 of Protocol No 1 to the Agreement between the European
Economic Community and Israel - hereinafter referred to as the Agreement - in
respect of fresh lemons of heading Ho . ex 08,02 C of the Common Customs Tariff
originating in Israel .
                                   Article 2
1 . The conditions referred to in Article 3 (3 ) of Protocol No 1 to the Agreement
shall be regarded as satisfied when the prices on representative Community markets
recorded at , or converted to , the import/wholesale stege remain for a given produci
equal to or higher than the price defined in Article 3 .
The prices referred to in the preceding paragraph shall be taken into account after
customs olearanc.e and deduction of import charges other than customs duties – the
charges being those taken into account in calculating the entry price referred to
in Regulation (EEC ) ITo 1035/72 .
The price for the product in question shall where necessary be converted to that
for a product of quality Class I in accordance with the third indent of the second
subparagraph of Article 24 ( 2 ) of Regulation (EEC) No 1035/72 .
2.   The Commission shall calculate the amount to be deducted in respect of those
import charges other than customs duties which are referred to in the third indent
of Artiole 24 (3 ) of Regulation (EEC ) No 1035/72 - in so far as prices notified
to the Commission by Member States include such charges – in such a way as to
avoid any difficulties arising from the varying effect of these charges cm entry ,
prices according to the origin of the products for this purpose , an average charge
corresponding to the arithmetical mean between the lowest and the highest charges
shall be taken into account .
Any detailed rules required for the purpose of applying this paragraph shall be
determined in accordance with the procedure laid down in Article 33 of Regulation
(EEC ) No 1035/72 .
3.   Representative Community markets within the meaning of paragraph 1 shall be
those used for recording the prices on the basis of which the entry price
referred to in Regulation (EEC) No 1035/72 is calculated.
 ---pagebreak---                                     3
                                Article 3
The price referred to in Article 2 (l ) shall be equal to the reference
price in force over the period concerned plus the customs duties thereon
for imports from third countries and a fixed charge of 1,20 units of account 1
per 100 kilogrammes .
                                Article 4
Where.it is found that the prices referred to in Article 2 (l ) f after
customs clearance and deduction of import charges other than customs duties ,
have for three cnnsecutive market days remained lower on the lowest-priced
representative Community markets than the price defined in Article 3 , the
customs duty in force for imports from third countries at the date of
importation shall "be applied to the product in question .
Such duty shall continue to apply until the said price on the lowest-prioed ,
representative Community markets are found to "be for three oonsecutive market
days equal to or higher than the price defined in Artiole 3 .
                               Article 5
The Commission, on the "basis of prices recorded on representative Community
markets as notified "by Member States , shall follow price trends regularly and
shall be responsible for making the findings provided for in Article 4 *
The measures required for this purpose shall be adopted in accordance with the
procedure laid down in Regulation (EEC) NO 1035/72 for applying countervailing
charges in respect of fruit and vegetables .
                               Article 6
Article 23 to 28 of Regulation (EEJC ) No 1035/ 72 shall remain applicable .
 ---pagebreak---                                 '   .-r4 -T                VI/1 340/75-E
                                  Article 7
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities ,
It shall apply from the date of        entry into force of the Agreement until
such time as thot Agreement shall cease to have effect .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels .                              Por the Council
                                                 The Président