CELEX: 31973R3538
Language: en
Date: 1973-12-18 00:00:00
Title: Regulation (EEC) No 3538/73 of the Council of 18 December 1973 on the use to be made of inward processing arrangements in trade in goods covered by Regulation (EEC) No 1059/69 between Member States of the Community as originally constituted and the new Member States and between the new Member States themselves

No L 361 / 6                             Official Journal of the European Communities                            29 . 12 . 73
                               REGULATION ( EEC) No 3538 /73 OF THE COUNCIL
                                                      of 18 December 1973
                on the use to be made of inward processing arrangements in trade in goods
                covered by Regulation ( EEC) No 1059/69 between Member States of the Commu­
                nity as originally constituted and the new Member States and between the new
                                                   Member States themselves
THE COUNCIL OF THE EUROPEAN                                         HAS ADOPTED THIS REGULATION :
COMMUNITIES,
Having regard to the Treaty establishing the European                                       Article 1
Economic Community ;
                                                                    For the purpose of this Regulation the Member States
Having regard to the Treaty (') on the Accession of                 of the Community as originally constituted shall be
new Member States to the European Economic                          regarded as a single Member State .
Community and the European Atomic Energy
Community, signed on 22 January 1972, and in parti­
cular Article 47 ( 5) of the Act of Accession annexed                                       Article 2
thereto ;
                                                                     1.    It shall be prohibited, as long as the system of
Having regard to the proposal from the Commission ;                 compensatory amounts provided for in Article 47 ( 1 )
                                                                    of the Act of Accession is applied , to export from one
                                                                    Member State to another goods covered by Regulation
Whereas for as long as customs duties or components
                                                                    ( EEC) No 1059 / 69 which have been manufactured or
intended to ensure the protection of the processing
industry referred to in Article 47 (2) or Article 61 of             obtained from basic products, products arising from
                                                                    the processing thereof or products assimilated to one
the Act of Accession still apply to trade in certain agri­
                                                                    of these two categories imported from a Member State
cultural products or goods covered by Council Regula­
                                                                    or third country which have not been subjected in the
tion (EEC) No 1059/ 69 (2 ) of 20 May 1969 laying
                                                                    exporting Member State to either :
down the trade arrangements applicable to certain
goods resulting from the processing of agricultural                 — compensatory amounts, as provided for in Article
products, as last amended by Regulation (EEC) No                          47 of the Act of Accession ;
 1491 /73 (3), between Member States of the Commu­
nity as originally constituted and the new Member                   — compensatory amounts, as provided for in Article
States and between the new Member States them­                            55 of the Act of Accession ;
selves, it may be economically justifiable to process or            — charges applicable to them in virtue of Article 5 of
work under processing arrangements products of every                      Regulation ( EEC) No 1059/ 69 ;
kind and , subject to the provisions made in virtue of
Article 45 of the Act of Accession , to admit the
                                                                    — levies or other amounts or taxes, as provided for
                                                                          under the common agricultural policy .
compensating products, which is subject to customs
duties or to a protective component, to free circula­
tion ; whereas to enable such operations to be carried               2.     Notwithstanding the provisions of Article 10 (2)
out, special provisions should be adopted, to be appli­              of Regulation (EEC) No 1059/ 69, where the charge or
cable during the period concerned ;                                  levy includes a component intended to ensure the
                                                                     protection of the processing industry referred to in
                                                                     Article 47 (2) or, where appropriate, Article 61 of the
Whereas during the period referred to above compen­                  Act of Accession , paragraph 1 shall not apply in
 sating products may be manufactured or assembled                    respect of such component for as long as customs
 from products imported from another Member State                    duties or components intended to ensure the protec­
 which    fulfil one of the conditions referred to in
                                                                     tion of the processing industry remain in force in
 Article 9 (2) of the Treaty ; whereas when these                    trade between Member States .
 compensating products are liable to compensatory
 amounts in trade between Member States the result is
 that price regulation no longer has any effect ;                                            Article 3
 whereas it is important therefore in these circum­
 stances to prohibit the admission of such compen­
                                                                     This Regulation shall enter into force on the day of its
 sating products to free circulation ,
                                                                      publication in the Official Journal of the European
                                                                      Communities.
 (') OJ No L 73 , 27 . 3 . 1972, p. 5 .
 (2 ) OJ No L 141 . 12. 6. 1969 , p . 1 .
 (3 ) OJ No L 151 , 7 . 6 . 1973, p. 1 .                              It shall apply from 1 January 1974.
 ---pagebreak--- 29 . 12 . 73                     Official Journal of the European Communities                       No L 361 /7
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels , 18 December 1973 .
                                                                      For the Council
                                                                         The President
                                                                      ]. CHRISTENSEN