31975R1927
29 . 7 . 75 No L 198/7 Official Journal of the European Communities
REGULATION (EEC) No 1927/75 OF THE COUNCIL of 22 July 1975 concerning the system of trade with third countries in the market in products processed from fruit and vegetables
THE COUNCIL OF THE EUROPEAN not left completely exposed to the disturbances which COMMUNITIES, might result, the means should be provided for appro priate action to be taken as quickly as possible, Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof ;
Haying regard to Council Regulation (EEC) No HAS ADOPTED THIS REGULATION : 865/68 (*) of 28 June 1968 on the common organiza tion of the market in products processed from fruit and vegetables, as last amended by Regulation (EEC) Article 1 1420/75 (2), and in particular Article 7 thereof ;
Having regard to the proposal from the Commission ; 1 . Save as otherwise provided for in Regulation (EEC) No 865/68 and in this Regulation or derogation Having regard to the Opinion of the European Parlia decided upon by the Council, acting on a proposal ment (3) ; from the Commission in accordance with the voting Whereas the establishment of a system of trade with procedure laid down in Article 43 (2) of the Treaty, third countries in the sector of products processed the application of any quantitative restriction or from fruit and vegetables calls for the elimination of measure with equivalent effect is prohibited in trade quantitative restrictions and measures of equivalent with third countries covering all the products listed in effect in trade with third countries ; Article 1 of Regulation (EEC) No 865/68 .
Whereas it is nevertheless necessary to limit any risks 2. However, with respect to citrus fruit juices falling attendant upon the abolition in trade with third coun under subheading ex 20.07 of the Common Customs tries of all quantitative restrictions or measures of Tariff, with the exception of grapefruit juice, Member equivalent effect ; whereas provision should therefore States may maintain until 31 December 1977 the be made to include the products in question in the measures relating to the import of these products origi field of application of Council Regulation (EEC) No nating in third countries which were applicable on 1 1 09/70 (4) of 19 December 1969 establishing common January 1975 without, however, rendering them more rules for imports from State trading countries and of restrictive, the Council deciding before the end of this Council Regulation (EEC) No 1439/74 (5) of 4 June period on the system to be introduced subsequently. 1974 on common rules for imports from third coun If no decision is taken before this date, the previous tries ; system will remain applicable. Whereas provision should furthermore be made in respect of sensitive products for the establishment of a 3 . With respect to prunes falling under subheading system of import certificates or a minimum price 08.12 C of the Common Customs Tariff, Member system which importers must undertake to observe ; States may maintain until 31 December 1977, the whereas for the proper working of these systems it is measures concerning the import of these products necessary to provide for the issue of import certificates originating in third countries, which were applicable and that at the same time a security shall be lodged on 1 January 1975 without, however, making them guaranteeing the undertaking to import during the more restrictive. From 1 January 1978, paragraph 1 period of validity of the certificates and that a further shall apply, and imports shall b^ subject to the presen security shall be lodged guaranteeing that the tation of an import certificate in accordance with minimum price will be respected by the importers ; Article 4. whereas provision should furthermore be made for the possibility of establishing a floor price system ; 4. This Regulation shall not apply to products Whereas the machinery thus established may prove processed from potatoes, referred to in Article 1 of inadequate in exceptional circumstances ; whereas to Regulation (EEC) No 865/68 . ensure that in such cases the Community market is 5. For tomato concentrates under subheading 20.02 (') OJ No L 153, 1 . 7. 1968 , p. 8 . C of the Common Customs Tariff paragraph 1 shall (2) OJ No L 141 , 3 . 6. 1975, p. 1 . be applicable only from the date fixed for the first (3) OJ No C 40, 8 . 4. 1974, p. 74. (4) OJ No L 19 , 26. 1 . 1970, p. 1 . implementation of the minimum price for the (5 ) OJ No L 159 , 15 . 6. 1974, p. 1 . products in question .
No L 198 /8 29 . 7 . 75 Official Journal of the European Communities
With respect to preserved pineapples, the said para 4. The Council, acting on a proposal from the graph shall apply as from the granting of aid for the Commission in accordance with the voting procedure production of preserved pineapples. laid down in Article 43 (2) of the Treaty, shall fix the minimum price and the special minimum price for a Article 2 product with given commercial characteristics, in parti cular in respect of variety, quality, composition, prepa 1 . A minimum import price for tomato concen ration, packaging and size, and shall also fix the date trates falling within subheading 20.02 C of the on which such prices are to apply. Common Customs Tariff shall be fixed each year before 1 April for the subsequent marketing year. 5 . The coefficients to be applied to these prices in However, the minimum price for the 1975/76 order to allow for any variation from, in particular, the marketing year shall be fixed before 1 August 1975. variety, quality, composition, preparation, packaging and the size for which they have been fixed, shall be 2. The minimum price shall be established taking adopted in accordance with the procedure laid down into account : in Article 15 of Regulation (EEC) No 865/68 . — average production cost for the Community product during the period from the beginnfrig of 6. If required, detailed rules for the application of the second year preceding the year of its fixing this Article shall be adopted in accordance with the until the date of such fixing, procedure laid down in Article 1 5 of Regulation (EEC) No 865/68 . — free-at-frontier prices for imports during the period from the beginning of the second year preceding the year of its fixing until the date of Article 3 such fixing, disregarding import prices which, in comparison with normal fluctuations, are exces 1 . The Council, acting on a proposal from the sively high or low ; these prices shall be increased Commission in accordance with the voting procedure by whatever Common Customs Tariff duties are laid down in Article 43 (2) of the Treaty, may decide applicable, to introduce a floor price system . — the prices for the products in question on the main world markets, 2. Where paragraph 1 is applied, the floor price — the need to prevent the application of the shall be established taking into account : minimum price from having a more restrictive — free-at-frontier prices for imports during the effect on trade than measures previously applied period from the beginning of the second year by the Member States, preceding the year of its fixing until the date of —■ the need to ensure that the application of the such fixing, disregarding import prices which, in minimum price contributes to the normal and comparison with normal fluctuations, are exces harmonious development of competition with sively high or low ; these prices shall be increased third countries . by whatever Common Customs Tariff duties are 3 . A special minimum price shall be fixed for applicable ; however, as regards the new Member imports into the new Member States until 31 States these prices shall be increased until 31 December 1977, at the same time as the minimum December 1977 by the duties applied by those Member States to third countries in accordance price referred to in paragraph 1 . The special minimum price shall be determined initially on the with Article 59 of the Act of Accession ; basis of the price level resulting from the Agreement — the prices for the products in question on the in the form of exchange of letters relating to Article 3 main world markets ; of Protocol 8 to the Agreement between the European — the need to prevent the application of the floor . Economic Community and the Republic of price from having a more restrictive effect on trade Portugal ('). than measures previously applied by the Member This special minimum price shall be aligned by stages States ; with the minimum price mentioned in paragraph 1 . — the need to ensure that the application of the floor The alignment shall take place each year and for the price contributes to the normal and harmonious first time on 1 July 1976, by increasing the special development of competition with third countries. minimum price by one third and one half, succes sively, of the difference between this price obtaining Article 4 before each alignment and the minimum price appli cable for the coming marketing year. 1 . Any imports into the Community of the The minimum price referred to in paragraph 1 shall products listed in the Annex shall be subject to the apply in the new Member States by 1 January 1978 at production of an import certificate which shall be the latest . issued by Member States to any interested party who applies for such certificate irrespective of his place of (') OJ No L 62, 7. 3 . 1975, p. 6 . establishment within the Community.
29 . 7 . 75 No L 198/9 Official Journal of the European Communities
The certificate shall be valid for an import transaction 2. The products listed in Article 1 of Regulation carried out within the Community. (EEC) No 865/68 shall be included in the common list of liberalized products in Annex I to Regulation 2. The issue of an import certificate shall be condi (EEC) No 1439/74. tional upon the following : 3 . Paragraphs 1 and 2 shall not apply to the — with respect to all products, the lodging of a secu products referred to in Article 1 (2), (3) and (4)." rity to guarantee the undertaking to effect certain imports for as long as the certificate is valid, which Article 7 security, except in cases of force majeure, shall be . forfeit in whole or in part if the imports are not 1 . If, by reason of imports or exports, the Commu effected or are' effected only in part within the nity market in one or more of the products specified period ; in Article 1 ( 1 ) is or is likely to be exposed to serious —- for tomato concentrates, the lodging of an addi disturbances which might endanger the objectives set tional security to guarantee that the free-at-frontier out in Article 39 of the Treaty, appropriate measures price of the products to be imported under cover may be applied in trade with third countries until of the certificate plus the customs duty payable such disturbances or the threat thereof has ceased. thereon shall together be equal to or more than the minimum price or the special minimum price, The Council, acting on a proposal from the Commis whichever is appropriate. The security shall be sion in accordance with the voting procedure laid forfeit in proportion to any quantities imported at down in Article 43 (2) of the Treaty, shall adopt rules a price lower than the minimum price or than the for the application of this paragraph and shall define special minimum price ; however, the lodging of the cases and the limits within which Member States such additional security shall not be required for may take protective measures. products originating in third countries which undertake to and are in a position to guarantee 2. Should the situation envisaged in paragraph 1 that the price on import into the Community arise, the Commission, acting either at the request of a shall be not less than the minimum price for the Member State or on its own initiative, shall decide product in question, and that all deflection of what measures are necessary and communicate them trade will be avoided . to the Member States ; such measures shall be immedi ately applicable. 3 . The Council, acting on a proposal from the Requests received by the Commission from Member Commission in accordance with the voting procedure States shall be acted upon within 24 hours of receipt. laid down in Article 43 (2) of the Treaty, may decide to amend the Annex . 3 . Any measure decided on by the Commission may be referred to the Council by any Member State The period of validity of certificates and the other within three working days following the day on which detailed rules of application of this Article which may, they were communicated. The Council shall meet in particular, make provision for a time limit for the without delay. It may, acting in accordance with the issue of certificates, shall be determined in accordance voting procedure laid down in Article 43 (2) of the with the procedure laid down in Article 15 of Regula Treaty, amend or annul the measure in question . tion (EEC) No 865/68 .
Article 8 Article 5 Council Regulation (EEC) No 1427/71 (') of 2 July Where the levy on various added sugars is fixed in 1971 , introducing protective measures for products advance for one of the products referred to in Article processed from fruit and vegetables is hereby repealed. 4 ( 1 ), such advance fixing shall be mentioned on the import certificate which is the basis thereof. Article 9
Where this is the case, Article 6 of Regulation (EEC) This Regulation shall enter into force on the third day No 865/68 shall not apply. following its publication in the Official Journal of the European Communities.
Article 6 It shall be applicable as from 1 September 1975 in respect of tomato concentrates, peeled tomatoes and 1 . The Annex to Regulation (EEC) No 109/70 shall tomato juice and as from 1 October in respect of the be extended to the products listed in Article 1 of Regu other products referred to in Article 1 . lation (EEC) No 865/ 68 imported from all the coun tries mentioned in that Annex . (') OJ No L 151 , 7. 7. 1971 , p. 5 .
No L 198/ 10 Official Journal of the European Communities 29 . 7. 75
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 22 July 1975 .
For the Council
The President
G. MARCORA
ANNEX
CCT heading Description No
ex 20.02 C Tomato concentrates ex 20.02 C Peeled tomatoes ex 20.06 B Peaches in syrup ex 20.&7 B Tomato juice 20.02 A Mushrooms ex 20.06 B Pears 08.12 C Prunes (') ex 20.02 G Peas ex 20.02 G Beans in pod ex 08.10 A \ ex 08.11 E I ex 20.03 / Raspberries ex 20.05 l ex 20.06 B 11 /
(*) From 1 January 1978 .