CELEX: 51973PC0311
Language: en
Date: 1973-02-27
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL on imports of citrus originating in the Republic of Cyprus (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 311
Vol. 1973/0049
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(73)311 final
                                                   Brussels , 27 February 1973
                               Proposal for a
                      REGULATION (EEC ) OF THE COUNCIL
   on imports of citrus originating in the Republic of Cyprus
                ( submitted to the Council by the Commission )
  COM(73 ) 311 final
 ---pagebreak---                           Explanatory Memorandum
.jinex I of the agreement between the European Economic Community and the
Republic of Cyprus , bearing on the application of Article 3 ( 2 ) of that
agreement , establishes the system  applying to imports into the Community
of the following products , originating in the Republic of Cyprus : fresh
oranges ; fresh mandarins and satsumas ; fresh Clementines , tangerines and
other comparable   hybrids of citrus fruits ; fresh lemons .
Once this system of preferential imports has been established for imports
to which the reference price applied , subject to the country in question
recognizing a price fixed on the internal domestic market of the Community ,
detailed rules of application must be determined .
Such is the purpose of this proposal .
Article 5 °f the   Annex in question provides that customs duties payable by
Cyprus for the citrus fruits abovementioned on importation into the Community
shall be equal to 60% of the Common Customs Tariff on condition that the prices
of citrus fruits imported from Ciprus shall , on the domestic market of the
Community , be higher than or equal to reference prices for the particular
period , increased by the effect of the Common Customs Tariff on these reference
prices and a global amount of 1.2 units of account per 100 kilogrammes . Account
shall also be taken of conversion factors valid for different categories of
citrus fruit , transport costs and import charges other than customs duties .
Article 2 of this proposal lays down the rules to be observed by the Commission
in order to establish whether wholesale prices on representative Community
markets conform to the agreement .
In this respect , and to avoid all discrimination , representative Community
markets and other technical factors having regard to calculation shall be
those which apply already for determining prices on the basis of which the
entry price , referred to in Council Regulation No 1035/72 , is calculated .
 ---pagebreak--- 3 * Article 3 lays down that the price to be recognized shall be equal to the
     reference price in force during the "period in question, increased by the effect
     thereon of the Common Customs Tariff and by a global amount of 1,2 uniti of
     account per 100 kilogrammes .
4. Article 4 lays down:; the measures required where prices on representative
    Community markets do not conform to the price to be recognized. In fact if
    citrus fruits were to enter the Community from Cyprus at a price which was
    lower than that abovementioned after payment of the reduced customs duty,
    there would be a rise of disturbance on the Community market in citrus fruits .
    For this reason the proposal is that , where the recorded prices are , for
    three consecutive market days , lower than the recognized price , the Common
    Customs Tariff duty in force on the date of importation shall apply to the
   product in question and until such time as these prices shall , for three
   consecutive market days , again be equal to or higher than the recognized price.
5»lt shall be understood that where the reference price does not apply, the
   preferential tariff allowed for these products aiidl apply unconditionally to
   Cyprus .                                                        .
 ---pagebreak---                                            Proposal for a
                              REGULATION (EEC ) OP THE COUNCIL
            ON EXPORTS OP CITRUS PRUITS ORIGINATING IN THE REPUBLIC OP CYPRUS
THE COUITCIL OP THE EUROPEAN COIIUI'HTIES ,
Having regard "to the Treaty establishing the European Econonic Community ,
and in particular Article 43 thereof ;
Having regard to the Proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
Whereas irtiols 5 of Annex I of the Agreement between the European Economic
Community and the Republic of Cyprus provides for tariff reductions on
imports into the Community of certain citrus fruits originating in the
Republic of Cyprus ; whereas , during the period in which the reference price
applies , 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 the system in question ;
Whereas the system proposed should form part 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 ( l ) . on . the .
common organization of the market in fruit and vegetables, as last , amended by
Council. Regulation ( EEC.) No 2745/72 ( 2 ), and of the provisions adopted
in application of that Regulation ;
HAS ADOPTED THIS REGULATION :
( l ) OJ No L 118 , 20 May 1972 , p. 1 .
( 2 ) OJ No L 291 , 25 December 1972 . p . 147
 ---pagebreak---                                        - 2 -
                                    Article 1
This Regulation prescribes the detailed rules for applying the system of
preferences provided for in Article 5 of Annex I of the Agreement "between
the European Economic Community and the Republic of Cyprus for the following
products originating in the Republic of Cyprus
                            ex 08.02 A        Fresh oranges ,
                            ex 08.02 B :    - Fresh mandarins and satsumas ; fresh
                                              Clementines , tangerines , and other
                                              similar citrus hybrids
                            ex 08.02 C :      Fr.esh lemons
                                    Article 2
1 . In order that the conditions referred to in Article 5 ( 2 ) of Annex I of the
    abovementioned Agreement be mot , the prices on representative Community
    markets recorded at , or converted to , the import/wholesale stage talcing into
    account conversion factors and deducting transport costs and import charges
    other than customs duties - the factors , costs and charges aforesaid being
    those used in calculating the entry price referred to in Council Regulation (EE
    No 1035/72 - must , for a given product , be those calculated in due course for
    Class I pursuant to the provisions of the first indent , second subparagraph
    of Article 24 ( 2 ) of Council Regulation ( EEC ) No 1035/72 and be equal to or
    higher than the price defined in Article 3 *
2 . The Commission shall calculate the amount to be deducted in respect of import
    charges other than customs duties , in so far as prices notified to the
    Commission by Member States include these charges , so as to avoid any
    difficulties arising from the incidence of these charges on entry' prices
    which may vary according to origin. Accordingly , an average mean corres-         j
    ponding to the arithmetical mean between the lowest and the highest charges
    shall be taken into account for the calculation.
    The detailed rules for applying this paragraph shall be determined , as
    may be necessary , in accordance with the procedure laid down in Article 33
    of Council Regulation (EEC ) NO 1035/72 *
                                                                        • • •/• • •
                                                                                    I
 ---pagebreak--- . The representative Community markets within the meaning of par? graph 1 , are
  used for recording the prices on the basis of which the entry price referred
  to in Council Regulation ( ESC ) L'o 1035/72 is calculated .
                                        Article 3
  The price referred in Article 2 ( l ) - shall be equal to the reference price for
  the period in question plus the incidence thereon of the Common Custons
  Tariff and/fixed amount of 1.20 unit of account per 100 kilogrammes .
                                       Article 4
  Where , in respect of one of the products listed m Article 1 , the . prices
  referred to at Article 2 ( l ), taking into account the conversion factors and
  after deducting transport costs and import charges other than customs duties ,
  are , as found on the lowest priced representative Community markets , lower
  than the price laid doxm in Article 3 for three consecutive market days , the
  Common Customs Tariff duty in force at the date of importation shall apply
  to the product in question.
  This arrangement shall continue to apply until these prices on the lowest
  priced representative Community markets are found to be for three consecutive
  market days equal to or higher than the price laid down in Article 3 .
                                       Article 5
  The Commission , on tiie basis of prices recorded on representative Community
  markets and notified to it by Member States , shall follow price trends
  regularly and record them in accordance with Article 4 >
  The measures required for this purpose shall be adopted in accordance with
  the procedure laid down in Council Regulation ( S3C ) ITo 1035/72 for applying
  compensatory charges to fruit and vegetables .
                                       Article 6
  Articles 23 , 24 , 25 , 25 , 27 and 28 of Regulation (SHJC ) Ho 1035/72 shall
  remain in force .
 ---pagebreak---                          iw : l 'Article 7 -
The system laid down, in this , Regulation shall apply- from the date of the
entry into force of the abovementioned Agreement until such time as the
Agreement shall cease to have effect .
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Cormrur.it ies .
This Regulation shall "be binding in its entirety and directly applicable
in all Member States .                                           -
Done at                                            For tho Council ,
                                                   The President