CELEX: 51972PC1739
Language: en
Date: 1973-01-04
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL authorizing the new Member States to retain national subdivisions in the nomenclature of the Common Customs Tariff in respect of certain agricultural products (presented by the Commission to the Council)

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COM (72) 1739
Vol. 1972/0239
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                                                              COM(72)1739 final
                                                            ■ Brussels . 4 January 1973
                      PROPOSAL FOR A REGULATION ( EEC ) OF THE COUNCIL
             authorizing the new Member States to retain national subdivisions
               in the nomenclature of the Common Customs Tariff in respect of
                                certain agricultural products
                           (presented by the Commission to the Council)
COM ( 72) 1739 final
                                    4
 ---pagebreak---                            EXPLANATORY MEMORANDUM
 The first subparagraph of Article 60(3 ) of the Act concerning the Conditions
 of Accession and the Adjustments to the Treaties provides that the new
Member States shall apply the Common Customs Tariff nomenclature by
1 February 1973 at the latest in respect of products covered by a common
organization of the market .
However , the second subparagraph of Article 60 ( 3 ) of the said Act provides
that the Council , acting by a qualified majority on a proposal from the
Commission , may authorize a new Member State to include within the Common
Customs Tariff nomenclature such existing national subdivisions as would be
indispensable for carrying out the progressive moves towards alignment with
the Common Customs Tariff or the elimination of the duties in the Community
under the conditions laid down in the Act , provided no difficulties arise
therefrom in applying the Community rules .
Last month the Commission , following the application submitted by the new
Member States to retain national subdivisions within the Common Customs
Tariff nomenclature , proposed to the Council that the Council should
authorize the new Member States to include within the Common Customs Tariff
nomenclature national subdivisions in respect of the majority of agricultural
products liable for customs duty , but reserved the right to make a further
proposal in respect of goods covered by the common organization of markets
in fruit and vegetables , beef and veal , and fishery products .
The Act concerning the Conditions of Accession and the Adjustments to the
Treaties provides , in relation to products in those three sectors , that the
compensatory amounts should be corrected by the amount of customs duties .
The Commission needed to know the method for correcting compensatory
amounts in order to be able to ascertain whether the inclusion of national
subdivisions would give rise to difficulties in -the application of the
Community rules »
 ---pagebreak---                                   -2-
Further work to fix general rules relating to compensatory amounts has shown
that , with regard to products covered by the common organization of markets
in fruit and vegetables and in fishery products , such authorization is
justified and would not give rise to any difficulties .
As regards fishery products , the only compensatory amount provided for
relates to a Common Customs Tariff subheading in respect of which the
retention of national subdivisions does not arise *
As regards fruit and vegetables , the method adopted for correcting the
compensatory amount by reference to the amount of customs duties - which
consists in correcting the compensatory amount by the amount of duties
effectively charged at the time of each operation - enables national sub­
divisions to be retained without creating further administrative complications ,
each new Member State being the only one to use its own national subdivisions *
With regard to beef and veal , on the other hand , the method adopted for
correcting the compensatory amount by the amount of customs duties consists
in correcting the compensatory amount by the amount of duties on a flat-rate
basis , which implies that when the compensatory amounts are granted by the
dispatching Member State the product should be declared from the start under
the tariff subheading relating to the compensatory amount applicable ; and ,
if it is agreed to retain national subdivisions within the Member States ,
complicated tariff subheadings would have to be created which would result
from the overlapping of national subdivisions of the new Member States , and
these new tariff subheadings would have to be used by all the Member States .
Given that the non-retention of national subdivisions in the new Member States
would have scarcely any economic consequences - the amount of customs duty
being neutralized by correction of the compensatory amount - the Commission
considers it unnecessary for the new Member States to retain national
subdivisions in respect of beef and veal products .
 ---pagebreak---              PROPOSAL FOR A REGULATION ( EEC ) OF THE COUNCIL
       authorizing the new Member States to retain national subdivisions
       in the nomenclature of the Common Customs Tariff in respect of
       certain agricultural products
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty concerning the accession of new Member States
to the European Economic Community and to the European Atomic Energy
Community , signed on 22 January 1972 , and in particular Article 60(3) of
the Act annexed thereto ;
Having regard to the proposal from the Commission ;
Whereas under the first subparagraph of Article 60(3 ) the new Member States
are to apply the Common Customs Tariff nomenclature by 1 February 1973 at the
latest in respect of agricultural products covered by a common organization
of the market ; whereas , however , by virtue of the second subparagraph of that
provision the new Member States may be authorized to include within the
Common Customs Tariff nomenclature such existing national subdivisions as
would be indispensable for carrying out the progressive moves towards the
alignment with the Common Customs Tariff or the elimination of duties in the
Community to the extent that no difficulties arise in the application of the
Community rules .
Whereas such authorization is justified in respect of products covered by the
common organization of the markets in fishery products , fruit and vegetables ,
and does not lead to any difficulties , having regard to the fact that fishery
products subjected to a compensatory amount do not lead to the retention of
national subdivisions by the new Member States , and that in the case of
fruit and vegetables the system for correcting compensatory amounts by
reference to the amount of customs duties enables national subdivisions to be
retained within the nomenclature of the Common Customs Tariff ;
                                                                     /
HAS# ADOPTED THIS REGULATION :
 ---pagebreak---                                     -2-
                               Article 1
For agricultural products covered by the common organization of the markets
in fishery products , fruit and vegetables , the new Member States are
authorized to include in the nomenclature of the Common Customs Tariff such
existing national subdivisions as are indispensable for carrying out the
progressive moves towards alignment with the Common Customs Tariff or the
elimination of duties within the Community under the conditions laid down in
the Act concerning the Conditions of Accession and the Adjustments to the
Treaties *
                               Article 2
This Regulation shall enter into force on 1 February 1973-
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Don<? at Brussels ,            19 –
   O
                                                  For the Council
                                                  The President