31974R1555

22. 6 . 74 Official Journal of the European Communities No L 167/ 1 i

I

(Acts whose publication is obligatory)

REGULATION ( EEC) No 1555 / 74 OF THE COUNCIL of 17 June 1974 supplementing Regulation ( EEC) No 2142/70 as regards the import arrange­ ments for carp and trout

THE COUNCIL OF THE EUROPEAN Article 2 COMMUNITIES, Having regard to the Treaty establishing the European Regulation (EEC) No 2142/70 shall be supplemented Economic Community, and in particular Article 43 by the following Article : thereof ; Having regard to the proposal from the Commission ; Article 18a Having regard to the Opinion of the European Parlia­ ment (*) ; 1 . In order to obviate disturbances caused by offers from third countries at abnormally low Having regard to the Opinion of the Economic and prices, reference prices for carp referred to in Social Committee (2) ; Annex IV (A) may be fixed before the beginning Whereas, pending the setting up of the Community of each marketing year. These prices may be fixed import system for carp and trout, Article 1 7 (3) of at different levels during periods to be specified Council Regulation (EEC) No 2142/70 (3) of 20 within each marketing year, according to seasonal October 1970 on the common organization of the fluctuations in prices . market in fishery products, as last amended by Regula­ tion (EEC) No 31 59/73 (4), authorized the Member 2. The reference prices referred to in paragraph States to maintain temporarily the quantitative restric­ tions that they apply to the import of the said 1 shall be fixed on the basis of the average of the production prices recorded during the three years products ; preceding the date on which the reference price is Whereas it is now possible to discontinue all quantita­ fixed for a product which is defined by its commer­ tive restrictions affecting the two products in question cial characteristics in the representative production at the external frontier of the Community, subject to zones within the Community . the fixing, for carp, of a reference price in order to avoid disturbances on the Community market resulting from imports at exceptionally low prices ; 3 . If the free-at-frontier price valid for a consign­ ment of a normal commercial quantity of carp Whereas the system of reference prices should not be allowed to have a more restrictive effect on trade than coming from a specified place is lower than the reference price, the imports of those products the measures previously applied, from the third country in question may be subject to a compensatory tax equal to the difference HAS ADOPTED THIS REGULATION : between the reference price and the free-at­ frontier price plus the customs duty effectively Article 1 levied . The Commission shall follow regularly the developments in the respective free-at-frontier In Article 17(3) of Regulation ( EEC) No 2142/ 70 the prices of products imported from each source . words 'products listed in Annex IV (A) and (C)' shall be replaced by the words 'products listed in Annex IV (C)\ 4 . The compensatory tax referred to in para­ graph 3 shall not, however, be collected in the ( 1) OJ No C 48 , 25 . 4. 1974, p. 21 . case of third countries which are prepared to (2) Doc. ESC 560/74. (>) OJ No L 236, 27 . 10 . 1970 , p. 5 . guarantee , and are in a position to guarantee, that (4) OJ No L 322, 23 . 11 . 1973, p. 4. when carp which originate in and come from their

No L 167/ 2 Official Journal of the European Communities 22 . 6 . 74

territory are imported into the Community, the discontinuance of the compensatory tax and the price plus the customs duty effectively levied shall eligibility of third countries for the benefits of not be less than the reference price and that deflec­ paragraph 4 shall be taken in accordance with the tions of trade will be avoided . same procedure.'

5. Detailed rules for the application of this Article 3 Article, in particular as regards the level of the reference prices shall be laid down according to This Regulation shall enter into force on the third day the procedure provided for in Article 29 . Deci­ following its publication in the Official Journal of sions as to the introduction , amendment and the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States . I

Done at Luxembourg, 17 June 1974.

For the Council The President

J. ERTL