CELEX: 31977R0522
Language: en
Date: 1977-03-14 00:00:00
Title: Council Regulation (EEC) No 522/77 of 14 March 1977 laying down special provisions applicable to trade in tomato concentrates and peeled tomatoes between the Community as originally constituted and the new Member States

21 . 3 . 77                           Official Journal of the European Communities                            No L 73 /31
                                      COUNCIL REGULATION (EEC) No 522/77
                                                    of 14 March 1977
              laying down special provisions applicable to trade in tomato concentrates and peeled
              tomatoes between the Community as originally constituted and the new Member
                                                           States
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas the compensatory amounts should be phased
                                                                  out as the Common Customs Tariff is progressively
                                                                  introduced in the new Member States ;
Having regard to the Treaty establishing the
European Economic Community, and <in particular
Article 43 thereof,                                               Whereas provision should be made to ensure that
                                                                  the said amounts are accounted for under the ar­
                                                                  rangements for the financing of the common agri­
Having regard to the proposal ifrom the Commission,               cultural policy,
Having regard to the opinion of the European
Parliament (*),                                                   HAS ADOPTED THIS REGULATION :
Whereas in normal oircumstances the prices for                                           Article 1
tomato concentrates and peeled tomatoes are sub­
stantially higher iin the Community as originally con­
stituted than on the world market ; whereas this                  In order to offset price differences exiisting in trade
difference in prices could harm the competitive posi­             between the new Memlber States and the Community
tion of producers in the Community as originally                  as originally constituted or third countries, a system
constituted on the markets of the new Member                      of compensatory amounts as set out in the following
States, which are an important traditional outlet                 Articles shall be applied in respect of tomato con­
for Community production ;                                        centrates and peeled tomatoes falling within sub­
                                                                  heading ex 20.02 C of the Common Customs Tariff
                                                                  and for which an export refund is granted pursuant
Whereas the situation is likely to jeopardize the aims            to Article 6 of Regulation (EEC ) No 516/77.
of the common agricultural policy as laid down in
Article 39 of the Treaty ; whereas, to remedy this,
special measures must be taken to safeguard the                                          Article 2
competitive position on the markets of the new Mem­
ber States of producers in the Community as originally
constituted ;                                                     In intra-Community trade, the Member States of the
                                                                  Community as originally constituted shall :
Whereas compensatory amounts should therefore be
introduced for tomato concentrates and peeled                     — levy compensatory amounts on imports from the
tomatoes, to be granted or levied in trade between                    new Member States,
the new Member States and the Community as
originally constituted or third countries ; whereas,              — grant compensatory amounts on exports to the
                                                                      new Member States .
however, it will suffice if such compensatory amounts
are applied only where a refund is granted pursuant
to Article 6 of Coundil Regulation '( EEC ) No 516/77
of 14 March 1977 on the common organization of                                           Article 3
the market in products processed from fruit and
vegetables (2);
                                                                  For exports from the new Member States to third
                                                                  countries, the export refund shall be equal to the
(*) OJ No C 30, 7. 2. 1977, p. 25 .                               difference between the refund referred to in Article
(2) See page 1 of this Official Journal.                          1 and the compensatory amount applicable.
 ---pagebreak--- No L 73 /32                         Official Journal of the European Communities                               21 . 3 . 77
                        Article 4                               cedure laid down in Article 20 olf Regulation (EEC)
                                                               No 516 /77 .
1 . The compensatory amount for tomato concen­
trates shall be equal to 50% of the export refund
referred to in Article 1 . The compensatory amount                                         Article 7
 shall be reduced in two stages .
The two reductions shall be such as to reduce the               1 . The compensatory amounts as provided for in
level of the compensatory amounts to 25% and 0%                Article 1 , which are levied or granted in trade be­
respectively of the said refunds and shall be made on          tween the Member States, shall be regarded for the
 1 July 1977 and 1 January 1978 .                              purposes of the financing of the common agricultural
                                                               policy as intervention intended to stabilize agricultural
                                                               markets .
When the first reduction is made, the compensatory
amount, based on the level of the export refunds,
shall in no case be fixed at a level such as to allow          2. Such detailed rules for the application of this
exportation to the new Memlber States at a price               Article shall be adopted in accordance with the pro­
below the special minimum price referred to in Article         cedure laid down in Article 13 of Council Regu­
3 ( 3 ) of Council Regulation ( EEC) No 516/77.                 lation (EEC) No 729/70 ■(»).
2. The compensatory amount for peeled tomatoes
shall ibe equal to 25% of the export refund referred                                      Article 8
to in Article 1 . The compensatory amount shall be
reduced in two stages.                                          1 . Council Regulation ( EEC) No 1930/75 of 22 July
                                                               1975 laying down special provisions applicable to
The two reductions shall be such as to reduce the              trade in tomato concentrates between the Com­
level of the compensatory amounts to 12-50% and 0%             munity as originally constituted and the new Mem­
respectively of the said refunds and shall be made on          ber States (2), as amended by Regulation (EEC)
1 July 1977 and 1 January 1978 .                               No 1779/76 (3), is hereby repealed .
                        Article 5
                                                               2. All references to the Regulation repealed by virtue
                                                               of paragraph 1 shall be treated as references to this
The compensatory amount applicable shall be that               Regulation .
in force on the day of importation or exportation .
                        Article 6                                                          Article 9
Such detailed rules for the application of this Regu­          This Regulation shall enter into 'force on 1 April
lation shall be adopted in accordance with the pro­             1977.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 14 March 1977.
                                                                                 For the Council
                                                                                  The President
                                                                                     J. SILKIN
                                                               (') OJ No L 94 , 28 . 4 . 1970, p. 13 .
                                                               (2) OJ No L 198, 29 . 7. 1975, p. 15 .
                                                               (3 ) OJ No L 199, 24. 7. 1976, p. 8.