CELEX: 31977R1637
Language: en
Date: 1977-07-18 00:00:00
Title: Council Regulation (EEC) No 1637/77 of 18 July 1977 amending Regulation (EEC) No 522/77 laying down special provisions applicable to trade in tomato concentrates and peeled tomatoes between the Community as originally constituted and the new Member States

22 . 7 . 77                             Official Journal of the European Communities                            No L 183 / 1
                                                                I
                                              (Acts whose publication is obligatory)
                                        COUNCIL REGULATION ( EEC) No 1637/77
                                                         of 18 July 1977
                 amending Regulation ( EEC) No 522/77 laying down special provisions appli­
                 cable to trade in tomato concentrates and peeled tomatoes between the Commu­
                              nity as originally constituted and the new Member States
 THE COUNCIL OF THE EUROPEAN                                        functioning of the trade arrangements with non­
 COMMUNITIES,                                                       member countries ; whereas Regulation (EEC) No
                                                                    522/77 should therefore be amended by making provi­
 Having regard to the Treaty establishing the European              sion for the levy of compensatory amounts to be
 Economic Community, and in particular Article 43                   extended to products originating in non-member
 thereof,                                                           countries ;
 Having regard to the proposal from the Commission ,
                                                                    Whereas by Article 4 ( 1 ) of Regulation (EEC) No
 Having regard to the opinion of the European Parlia­               522/77, the compensatory amount for tomato concen­
 ment ( J ),                                                        trates is at present 25 % of the export refund ;
                                                                    whereas this level is not high enough to safeguard the
 Whereas by Article 1 of Council Regulation (EEC) No                competitive position of the producers of the Commu­
 522/77 of 14 March 1977 laying down special provi­                 nity as originally constituted on the markets of the
 sions applicable to trade in tomato concentrates and               new Member States ; whereas the level should there­
 peeled tomatoes between the Community as originally                fore be amended,
 constituted and the new Member States (2) the levying
 in intra-Community trade by the Member States of
 the Community as originally constituted of compensa­
 tory amounts on imports of tomato concentrates from                HAS ADOPTED THIS REGULATION :
 the new Member States is provided for only in respect
of products of Community origin ; whereas this levy
does not therefore apply to products originating in                                         Article 1
non-member countries in free circulation in the new
Member States ;                                                     Article 1 of Regulation (EEC) No 522/77 shall be
                                                                    replaced by the following :
Whereas Article 3 of Council Regulation (EEC) No
 516/77 of 14 March 1977 on the common organiza­                         Article 1
 tion of the market in products processed from fruit
and vegetables (3) provides for the fixing of a                         In order to offset price differences existing in trade
minimum import price for tomato concentrates ;                          between the new Member States and the Commu­
whereas that Article also provides for the fixing of a                  nity as originally constituted or third countries, a
special minimum price for imports of these products                     system of compensatory amounts as set out in the
into the new Member States until 31 December 1977 ;                     following Articles shall be applied in respect of
                                                                        tomato concentrates and peeled tomatoes falling
Whereas, having regard to the difference between                        within subheading ex 20.02 C of the Common
these two prices, large quantities of tomato concen­                    Customs Tariff during the period in which an
trates originating in non-member countries have over                    export refund is granted pursuant to Article 6 of
recent months been dispatched by the new Member                         Regulation ( EEC) No 516/77.'
States to the Community as originally constituted ;
whereas such a practice could jeopardize the smooth
                                                                                            Article 2
(') Opinion delivered on 8 July 1977 (not yet published in
     the Official Journal).
(2 ) OJ No L 73 , 21 . 3 . 1977, p. 31 .                           Article 2 of Regulation (EEC) No 522/77 shall be
(3 ) OJ No L 73 , 21 . 3 . 1977, p. 1 .                             replaced by the following :
 ---pagebreak--- No L 183 / 2                     Official Journal of the European Communities                              22. 7 . 77
   'Article 2                                                    — grant compensatory amounts on exports to the
                                                                      new Member States.'
   1.    The Member States of the Community as
  originally constituted shall, for tomato concen­
  trates :                                                                            Article 3
  — levy compensatory amounts on imports from                Article 4 ( 1 ) of Regulation (EEC) No 522/77 shall be
       the new Member States of products originating         replaced by the following :
       in the Community or in non-member coun­
       tries,                                                    ' 1 . The compensatory amount for tomato
  — grant compensatory amounts on exports to the                 concentrates shall be 40 % of the export refund
       new Member States of products originating in              referred to in Article 1 . The compensatory amount
       the Community.                                            shall cease to be applicable on 1 January 1978 .'
  2. The Member States of the Community as                                            Article 4
  originally constituted shall, for peeled tomatoes
  originating in the Community :                             This Regulation shall enter into force on the third day
  — levy compensatory amounts on imports from                following its publication in the Official Journal of
       the new Member States,                                the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 18 July 1977.
                                                                          For the Council
                                                                            The President
                                                                            A. HUMBLET