CELEX: 51976PC0209
Language: en
Date: 1976-05-12
Title: Draft COUNCIL REGULATION (EEC) extending the transitional arrangements for the import of New-Zealand- butter into the United-Kingdom (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 209
Vol. 1976/0071
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(76)209 final.
                                          Strasbourg. 12 Kay 1976*
                                Draft
                      COUNCIL REGULATION ( EEC )
   extending the transitional arrangements for the import of New-
               Zealand butter into the United-Kingdom
           ( submitted to the Council by the Commission)
            /
  COM(76) 209 final .
                                                                   /
 ---pagebreak---                                                                        COM (76 ) 209
                              EXPLANATORY MEMORANDUM
1. Article 5 ( l ) of Protocol 18 to the Aot of Accession provides for a review
      of the "butter situation in the light of supply and   demand developments in
      the major producing and consuming countries in the    world , particularly in the
       Community and New Zealand , in order to determine    appropriate measures to
    * ensure the maintenance of exceptional arrangements    in respect of imports
      of butter from New Zealand after 31.12.1977 .
      Among the considerations to he taken into account ares
      a) progress towards an effective world arrangement in milk products to which
         the Community      and other major producing and consuming countries
         would be parties ;
     b) the extent of New Zealand 's progress towards diversification of its
         economy and exports .
2 * In its Document ( COM ( 75)437) final of 23 July 1975 1 "the Commission has
      submitted to the Council a communication concerning special arrangements
      for imports of butter from New Zealand after 19 T 7 » and outlined., on the one hand ,
     are the necessary factors for examining the situation and, on the other
     hand, the recommendations for the arrangements to apply after 1977 «
3 . On the basis of the abovementioned Document , the Council has proceeded to the
     review in question .      In the light of this review and in accordance
     with Article 5(2 ) of Protocol 18 the Council should now take its Decision
      on appropriate measures to ensure the maintenance of the exceptional arrangements
      after 1977 «
                                                        \
4 . This proposal , which follows the communication to the Commissions, of
     23 July 1975 takes into account the declaration issued by the Heads of
     Government in Dublin on 10 March 1975 &ncL tho review that took place
     within the Council . The provisions indicated are based on Protocol 18
     on the one hand and on Council Regulation (EEC ) No 226/73 on the other 1 and
      in consideration of the necessary - changes of the new situation .                .
 ---pagebreak---                                             Draft
                          COUNCIL REGULATION (EEC ) N O       H6
                                         of
 extending the transitional arrangements for the import of New-Zealand "butter
                                  into the United-Kingdom
1^–■■–wmmm–■––mmmmmmmtm–mm––M–■–––––■–                                              »
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Act of Accession^, and in particular Article 5(2 ) of
                    (2)
Protocol No 18 V          , hereinafter called "Protocol", annexed to the Act which is
 annexed to the said Treaty ,
Whereas the Baid Protocol has provided , as a transitional measure , that the
 United Kingdom is authorized to import from '1973 until 1977 » certain quantities
 of New-Zealand butter at special conditions ; whereas , under Article 5(2 ) of the
 Protocol , appropriate measures to ensure the maintenance after 31 December 1977
 of the exceptional arrangement in respect of imports of butter from New-Zealand ,
 including the details of such arrangement shall be determined in the light of the
 review specified in paragraph 1 of the abovementioned Article ;
 Whereas the European Council , in its meeting in Dublin on 10 March 1975i has
 already fixed a certain framework for the said measures ; whereas , as regards the
 annual quantities to be fixed within the framework of the special system beyond
 1977 and up to 1900 , it has been stated that , depending upon future markets
 development , they could remain close to the quantities delivered in 1974 under
 Protocol l8 and the quantities envisaged for 1975 by New-Zealand in March 1975 ?
 whereas these quantities amounted to 117,350 tons and 125,000 tons ;
 V/hereas , for fixing the CIP price , the observance of which must be guaranteed by
 New-Zealand , the criteria envisaged by the European Council in Dublin are not
 limited only to the manufacturing costs in New-Zealand and the transport costs
between New-Zealand and the United-Kingdom but also have to take into account
 the supply and demand developments in the major producing and consuming countries
 in the world as well as the level and evolution of prices in the Community ,
 inoluding intervention prices ;
                                                                                          «
 ( 1 ) OJ'No L 73 , 27 . 3.1972 , p »
 (2 ) 0J No L 73 , 27 - 3.1972 , p. 173                                              •./.
 ---pagebreak--- Whereas the special levies applicable on the importations of
butter from New-Zealand into the United-Kingdom are fixed so
as to , on the one hand , effectively sell the imported quantities
on the United Kingdom market , without , on the other hand ,
disturbing the disposal of Community butter ;                        #
                                                   i    »     .   .      V
Whereas , the Council , on the basis of a report submitted by • v
the Commission before 31 December 1978 , should determine t in
accordance with the same procedure as that mentioned in Article.
5(2 ) of Protocol 18 , appropriate measures as regards imports
of butter from New-Zealand after I98O ; .
                                              ■• \                 '   r
                                                     ·. * ; ·   ,
Whereas , so far as needed and in the main , the other rules
applicable until 31 December 1977 "to the system in question and
provided for in Council Regulation (EEC ) No 226/73 of 31 January
1973 laying down general rules for import of New-Zealand butter
                                        3)
and cheese into the United Kingdom , as last amended by
Regulation (EEC) N o 3067/75^\ shall apply;
HAS ADOPTED THIS REGULATION s
(3 ) OJ Ho I, 27 » 1 . 2.1973 » P. 17 »
(4 ) OJ No L 307 , 27 , 11.1975 » P® 4
 ---pagebreak---             \              -3-
                       Article 1
                                                                         t
 1 , The United Kingdom is authorized to import certain quantities
     of butter from New-Zealand on the following terms and as a
     transitional, measure .
2 . The quantities specified in paragraph 1 shall amount to
                             metric tons for 197° »
                             metric tons for 1979 i
                             metric tons for 1980 .
 3 . The butter imported into the United Kingdom pursuant to the
      provisions of this Regulation may not "become the subject of
      intra-Community trade or of re-exportation to third countries .
                     Article 2
1 . The quantities of butter specified in Article 1(2 )
      shall be imported into the United Kingdom at a price ,
     the observance of which must be guaranteed at the
      CIF stage by New Zealand . That price shall be fixed
     by the Council , acting by a qualified majority , on a
     proposal from the Commission ,
2 . On the basis of a periodical review, the price
     referred to in paragraph 1 shall be adjusted as
     necessary having regard to the supply and demand
     developments in the major producing and consuming countries
     of the world and also to the level and evolution of prices
     in the Community - including intex*vention prices - and
     in New Zealand taking into account , moreover , the cost
     developments in New Zealand and trends in freight charges .
                      Article 3
  1 . A special levy shall be applied on importation of the quantities
       of butter specified in Article 1(2 ),
                                                                      ■A
 ---pagebreak---                             -4-
    2 . The special levy shall be determined on the basis of
        the difference between the CIF price referred to in
        Article 2(1 ), increased by the amount of costs between
        the CIF stage and the first sale stage , on the one hand ,
        and by the market price of New Zealand butter in the
        United Kingdom , on the other hand . .                          ■ -x ■
    3 . The special levy shall be fixed , in order to secure the
   v effective marketing of the annual quantities specified in
        Article 1(2 ), at a level permitting the sale of butter at
        a consistent rate without prejudicing the marketing of
        Community butter .
                          Article 4
Only "butter for. which proof has been given that it is of New-Zealand,
origin and that the price fixed in Article 2{l ) has "been observed ,
may "benefit from the special terms set out in Article 1 .
                          Article 5
The special levy charged shall he that ruling on the day of importation
in the United Kingdom#
                          Article 6
The United Kingdom shall communicate all information necessary for the
application of this Regulation to the Commission which shall inform
the other Member State3 thereof .           ..
                          Article 7
The Commission chall submit to *&he Council before 13 fasy each year and x or
 the first tims before 15 Hay 197 o a report on the rn,--^.:<er in which the
 provisions of this Jiegulation hiiVO been applied during the precerUn;; yo-iv .
 ---pagebreak---                             -5-
                         Article 8
Detailed rules for the application of this Regulation , and. in particular
the amount of the special levy , shall "be adopted in accordance with the
procedure laid down in Article 30 of Regulation (EEC ) No 804/68 .
                         Article 9
The Council , on the basis of a report submitted by the Commission before
31 December 1978 , shall determine , in accordance with the same procedure
as that mentioned in Article 5(2 ) of Protocol 18 , appropriate measures as
regards imports of butter from New-Zealand after 1980 :
                         Article 10
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 1 January 1978 *
This Regulation shall be binding in its entirety and directly
applicable in all Member States .
                                  Done at Brussels ,
                                  For the Counoil