CELEX: 31974R1428
Language: en
Date: 1974-06-04 00:00:00
Title: Regulation (EEC) No 1428/74 of the Council of 4 June 1974 amending, in respect of tomatoes, Regulation (EEC) No 228/73 laying down general rules for the system of compensatory amounts for fruit and vegetables

No L 151 /2                            Official Journal of the European Communities                                8 . 6 . 74
                               REGULATION (EEC) No 1428/74 OF THE COUNCIL
                                                       of 4 June 1974
              amending , in respect of tomatoes, Regulation (EEC) No 228 /73 laying down
                general rules for the system of compensatory amounts for fruit and vegetables
THE COUNCIL OF THE EUROPEAN                                        therefore, the compensatory amounts given for Ireland
COMMUNITIES,                                                       in the Annex to the Regulation in question should be
                                                                   replaced in respect of tomatoes by compensatory
Having regard to the Treaty establishing the European              amounts fixed without applying a conversion factor to
Economic Community ;                                               the producer prices ;
Having regard to the Treaty concerning the Accession               Whereas, however, so as to avoid penalizing those
of new Member States to the European Economic                      importers who in 1973 imported tomatoes into
Community and the European Atomic Energy                           Ireland during the period of application of the
Community, signed on 22 January 1972, and in parti­                compensatory amounts, provision should be made to
cular Article 62 ( 1 ) of the Act (J ) annexed thereto ;           prevent the fixing of new compensatory amounts
Having regard to the proposal from the Commission ;                from affecting compensatory amounts already levied
                                                                   on imports by that Member State ;
Whereas Article 65 of the Act of Accession provides
that in the circumstances specified in paragraph 1 of              Whereas, as regards Denmark, the basic amounts
that Article compensatory amounts shall be fixed for               applicable in respect of tomatoes from 1974 to 1977
fruit and vegetables ; whereas Article 66 of the said              should be determined by reference to an initial basic
Act lays down the criteria for fixing such amounts ;               amount calculated without applying a conversion
                                                                   factor to the producer price,
Whereas under Council Regulation (EEC) No
228 /73 (2) of 31 January 1973 laying down general
rules for the system of compensatory amounts for fruit             HAS ADOPTED THIS REGULATION :
and vegetables, as last amended by Regulation (EEC)
No 1365/73 (3), the compensatory amounts for toma­                                          Article 1
toes are fixed by applying to the prices for tomatoes
grown under glass a conversion factor fixed at a                   The Annex to this Regulation shall be substituted for
standard figure to take account of the differences                 section D (2) of Annex I to Regulation (EEC) No
between tomatoes grown under glass and tomatoes                    228 /73 with effect from 11 June 1973 . This provision
grown in the open, to which the basic price relates ;              shall be without prejudice to any compensatory
                                                                   amounts actually levied by Ireland on imports effected
Whereas the Court of Justice of the European                       in 1973 .
Communities in its judgment of 21 March 1974
declared void Regulation (EEC) No 1365/73 in so far                                         Article 2
as it provided for a conversion factor to be applied to
the producer price and thereby fixed the compensa­                 The following subparagraph shall be added to Article
tory amounts applicable by Ireland in respect of toma­             3 of Regulation (EEC) No 228/73 :
toes for delivery fresh to the consumer ;
                                                                        ' However, as regards the basic amounts applicable
Whereas under Article 176 of the Treaty, the Council                    by Denmark in respect of tomatoes until 31
is required to take the necessary measures to comply                    December 1977, these reductions shall be made by
with the judgment of the Court of Justice ; whereas                     reference to the basic amounts fixed below :
                           Trade between                                                            Amounts in
                           Denmark and                           Period of application              u. a. / 100 kg
                                                                                                          net
             Third countries                          From 11 June  to 31  October                      36-2
             EEC as originally constituted            From 11 June  to 31  October                      36-2
             United Kingdom                           From 11 June to  31  October                      36-2
             Ireland                                  From 11 June to  31  October                      14-5 '
(!) OJ No L 73 , 27 . 3 . 1972, p. 14.
(2) OJ No L 27, 1 . 2. 1973 , p. 20 .
(3) OJ No L 137, 24. 5 . 1973 , p. 1 .
 ---pagebreak--- 8 . 6 . 74                       Official Journal of the European Communities                             No L 151 /3
                                                     Article 3
           This Regulation shall enter into force on the day of its publication in the Official
           Journal of the European Communities.
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Luxembourg, 4 June 1974.
                                                                           For the Council
                                                                             The President
                                                                                 J. ERTL
                                                     ANNEX
           2.    By Ireland
                                                                                           Amounts in
                        Trade with                           Period of application         u. a. / 100 kg
                                                                                                 net
            Third countries                      From 11 June to 21 November                   21-7
            EEC as originally constituted        From 11 June to 21 November                   21-7
            United Kingdom                       From 11 June to 21 November                   21-7
            Denmark                              From 1 November to 21 November                21-7