31967R0170

132 Official Journal of the European Communities

2596/67 OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES 28.6.67

REGULATION No 170/67/EEC OF THE COUNCIL of 27 June 1967 on the common system of trade for ovalbumin and lactalbumin and repealing Regulation No 48/67/EEC

THE COUNCIL OF THE EUROPEAN ECONOMIC form of certain processed goods containing egg COMMUNITY, white ;

Whereas the system of trade applicable to albumins Having regard to the Treaty establishing the Euro­ should follow the system in force for eggs in view of pean Economic Community, and in particular Article the dependence of the former products on the latter ; 14 (7) and Articles 28 , 92 to 94, 111 and following, and 235 thereof; Whereas ovalbumin prices normally follow egg prices, which are different in the Community and on Having regard to the proposal from the Commission ; the world market; whereas in order to prevent distor­ tions of competition resulting from this difference it Having regard to the opinion of the European Parlia­ is necessary to levy an import duty sufficient to offset ment ; this difference; whereas it seems that the most appro­ priate method for determining the amount of this Whereas ovalbumin, which is not included in Annex duty would be to derive it from the levy on eggs in II to the Treaty, is not subject to application of the shell ; agricultural provisions of the Treaty while egg yolk is ; Whereas it is necessary to provide for different coef­ ficients which take account of the presentation of the Whereas a situation arises therefrom which may ad­ processed product; versely affect the efficiency of the common agricul­ tural policy in the egg sector; Whereas the price of eggs is not the only factor other than processing costs affecting the price of albumin Whereas, in order to reach a balanced solution, on the world market ; whereas in order to ensure the Council Regulation No 48 /67/EEC1 of 7 March 1967 on the introduction of a common trade system for effectiveness of the system of import duties it is ovalbumin and lactalbumin established a system of necessary to provide for an additional amount, to be trade for ovalbumin corresponding to that estab­ added to the duty when offers on the world market lished for eggs ; whereas the application of this system are made at abnormally low prices ; has been extended to lactalbumin in view of the fact that the latter can to a large extent be substituted for Whereas to the extent necessary for the proper work­ ovalbumin ; ing of the mechanism of export refunds for eggs pro­ vided for in Regulation No 122/67/EEC, and of the Whereas, in pursuance of Council Regulation No system laid down in this Regulation, provision should 122/67/EEC2 of 13 June 1967 on the common organ­ be made for regulating or, when the situation on the isation of the market in eggs, a single market system market so requires, prohibiting the use of 'inward for eggs has been introduced in the Community from processing arrangements '; 1 July 1967 comprising, in particular, single levies and single refunds in respect of third countries on Whereas the system of import duties makes it poss­ eggs and egg yolk in the unaltered state or in the ible to dispense with all other protective measures at the external frontiers of the Community; whereas the establishment of a single market involves the removal 1 OJ No 44, 10.3.1967, p. 646/67. at the internal frontiers of the Community of all ob­ 2 OJ No 117, 19.6.1967, p . 2293/67. stacles to the free movement of the goods in question ;

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Whereas the transition from the system provided in 2 . The amounts of the duties shall be fixed in Regulation No 48 /67/EEC to that established by this advance for a period of three months in accordance Regulation should be effected as smoothly as poss­ with the procedure laid down in Article 17 of Regu­ ible ; whereas products marketed during the first lation No 122/67/EEC . weeks following the date on which this Regulation begins to apply will have been manufactured from Article 3 eggs obtained from cereals purchased at the national prices ruling in the producing country before that date and differing from the common prices ; The coefficients for the products listed in Article 1 whereas, therefore, the production costs of albumin shall be fixed in accordance with the procedure laid can still be influenced by differences between the down in Article 17 of Regulation No 122/67/EEC, by national prices for cereals ruling before that date and establishing the value complementary to the coef­ between these prices and the common prices ; whereas ficients fixed for egg yolk in accordance with the ratio differences in production costs may lead to certain laid down in the second indent of Article 5 ( 1 ) of disturbances in trade between Member States and Regulation No 122/67/EEC. with third countries ; whereas, therefore, provision should be made for levying intra-Community import Article 4 duties and supplementary import duties in respect of third countries on imports of the products in ques­ tion for a certain transitional period ; whereas, more­ When a substantial price rise is recorded on the Com­ over, other transitional measures may prove necess­ munity market and this situation is likely to continue, ary to facilitate the transition from the system thereby disturbing or threatening to disturb the mar­ provided in Regulation No 48 /67/EEC to the system ket the necessary measures may be taken. established by this Regulation ; The Council , acting in accordance with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, shall adopt gen­ HAS ADOPTED THIS REGULATION : eral rules for the application of this Article.

Article 5 Article 1 1 . One sluice-gate price shall be fixed for the liquid In trade between the Community and third countries or frozen products listed in Article 1 and another import duties shall be applied to the following prod­ for the dried products listed therein. The fixing shall ucts : be on the basis of the sluice-gate price fixed for eggs in shell according to the provisions of Article 7 (2) of Regulation No 122/67/EEC, taking into account the CCT heading Description of goods lower value of the basic material, the coefficients No mentioned in Article 3 and the processing costs .

ex 35.02 Albumins : 2 . Sluice-gate prices shall be fixed in advance for a ex A II Others (not unfit or rendered unfit for period of three months . human consumption) (a) Ovalbumin and lactalbumin : 3 . Where the free-at-frontier offer price for a prod­ uct falls below the sluice-gate price the import duty 1 . Dried (for example, sheets, scales, flakes, powder) on that product shall be increased by an additional amount equal to the difference between the sluice­ 2 . Other gate price and the free-at-frontier offer price.

However, the duty shall not be increased by this ad­ ditional amount as regards third countries which are Article 2 prepared and in a position to guarantee that the price for imports of products originating in and coming 1 . The amount of the duty on imports into the from their territory will not be lower than the sluice­ Community of each of the products listed in Article 1 gate price for the product in question and that any deflection of trade will be avoided . shall be equal to the amount of the levy on eggs in shell fixed in accordance with the provisions of Article 4 ( 1 ) of Regulation No 122/67/EEC, this amount 4. The free-at-frontier offer price shall be deter­ being adjusted by the coefficient mentioned in Article mined for all imports from all third countries. How­ 3 for the product in question. ever, if exports from one or more third countries are

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effected at abnormally low prices, lower than the lation shall be incorporated in the Common Customs prices ruling in other third countries , a second Tariff from the date on which the latter is fully ap­ free-at-frontier offer price shall be determined for ex­ plied . ports from these other countries . 2 . Save as otherwise provided in this Regulation 5 . Detailed rules for the application of this Article or where derogation therefrom is decided by the shall be adopted in accordance with ' the procedure Council, acting in accordance with the voting laid down in Regulation No 122/67/EEC . procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, the following The following shall be fixed in accordance with the shall be prohibited in trade with third countries : same procedure : — the levying of any customs duty or charge having — sluice-gate prices ; equivalent effect; — where necessary, the additional amounts . — the application of any quantitative restriction or measure having equivalent effect. Article 6 Article 8 1 . To the extent necessary for the proper working of the common organisation of the market in eggs 1 . The following shall be prohibited in the internal and of this Regulation, the Council, acting in accord­ trade of the Community : ance with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Com­ — the levying of any customs duty or charge having mission, may prohibit, in whole or in part, the use of equivalent effect; inward processing arrangements in respect of products — the application of any measure having effect listed in Article 1 which are intended for the manu­ equivalent to a quantitative restriction. facture of products listed in that Article . 2 . Goods listed in Article 1 which are manufac­ 2. Community provisions to regulate the inward tured or obtained from products to which Article processing trade in the products listed in Article 1 9 (2) and Article 10 ( 1 ) of the Treaty do not apply shall be adopted not later than 1 July 1968 . shall not be admitted to free circulation within the Community . 3 . Rules to be applied until the provisions men­ tioned in paragraph 2 enter into force shall be adopted in accordance with the procedure referred to Article 9 in paragraph 1 ; they shall apply in respect of : Member States and the Commission shall communi­ (a) the rate of yield to be taken when determining cate to each other the information necessary for im­ the quantity of Article 1 products used in the plementing this Regulation. Rules for the communi­ manufacture of processed goods for export; cation and distribution of such information shall be (b ) the determination, for the purpose of applying adopted in accordance with the procedure laid down the import duty, 1 of the quantity of products in Article 17 of Regulation No 122/67/EEC. used in the manufacture of processed goods put into free circulation. Article 10 4. For the purposes of this Article 'inward process­ ing arrangements' means all those provisions deter­ 1 . In order to offset the differences in feeding costs between Member States resulting from differences be­ mining the conditions under which products from third countries are used within the Community in the tween feed-grain prices existing before 1 July 1967, provision may be made for charging a duty on im­ manufacture of goods for export and enjoy exemp­ ports into one Member State from another Member tion from the import duties applicable to them. State during the period ending 30 July 1967 in re­ spect of the products listed in Article 1 . Article 7 2 . In order to offset the differences in feeding costs 1 . The general rules for the interpretation of the between third countries and Member States whose Common Customs Tariff and the special rules for its feed-grain prices are higher than the common prices, application shall apply to the tariff classification of such differences resulting from differences in such products covered by this Regulation ; the tariff prices existing before 1 July 1967, provision may be nomenclature resulting from application of this Regu­ made for charging additional duty, in addition to the

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import duties set out in Article 2 increased where ap­ the procedure laid down in Article 17 of Regulation propriate in pursuance of Article 5 , during the period No 122/67/EEC . They shall be applicable until 31 ending 30 July 1967 on imports from third countries December 1967 at the latest . of the products listed in Article 1 .

Article 12 3 . The Council, acting in accordance with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, shall Regulation No 48 /67/EEC is hereby repealed with ef­ where necessary fix the amounts of the import duties fect from 1 July 1967. and additional import duties provided for in para­ graphs 1 and 2. Article 13

Article 11 This Regulation shall enter into force on the day fol­ lowing its publication in the Official Journal of the Should transitional measures be necessary to facilitate European Communities . the transition from the system provided in Regulation No 48/67/EEC to that established by this Regulation, The system provided for in this Regulation shall be such measures shall be adopted in accordance with applicable from 1 July 1967.

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

Done at Brussels, 27 June 1967.

For the Council The President Ch . HEGER