31971R1558

566 Official Journal of the European Communities

No L 164/ 14 Official Journal of the European Communities 22.7.71

REGULATION (EEC) No 1558/71 OF THE COMMISSION

of 20 July 1971 laying down protective measures applicable to imports of tomato concentrates

THE COMMISSION OF THE EUROPEAN COM­ whereas because of this much Community processing MUNITIES, has suffered irremediable damage ; whereas this is basically due to the difference between the offer prices of the product imported into the Community Having regard to the Treaty establishing the and the cost price within the Community industry, European Economic Community ; which greatly exceeds the 18^% rate of customs duty ;

Having regard to Council Regulation (EEC) 'No 865/ Whereas the halt in production in these factories and 68 1 of 28 June 1968 on the common organisation of increased imports have resulted in fewer potential the market in products " processed from fruit and outlets for fresh tomatoes, and because of this there vegetables, as last amended by Regulation (EEC) No could be a surplus of at least 200 000 metric tons of. 1425/712 ; the latter in the 1971 marketing year ;

Having regard to Council Regulation (EEC) No Whereas there may be a comparable effect on tomato 1427/713 of 2 July 1971 introducing protective processing undertakings in the Community following measures for products processed from fruit and importation at prices and quantities valid during vegetables, and in particular Article 1 (2) thereof; previous marketing years ;

Whereas imports into the Community of tomato Whereas an assessment of the situation on the concentrates during the 1970 marketing year market, the main points of which are outlined above, amounted to some 74 000 metric tons ; whereas this leads to the conclusion that imports threaten the figure is 10 000 metric tons higher than the figure for Community market with serious disturbances which 1969 and 20 000 metric tons higher than the figure could lead to prices such as to jeopardise the for 1968 ; objectives of Article 39 of the Treaty; whereas, in these circumstances, it is necessary to . take protective Whereas the offer prices from third countries are 30 measures ; to 40% less than the cost price within the Community industry for tomato concentrates ; Whereas the effect of the protective measures should whereas, consequently, the trend of imports from be to restrict imports so that they can be absorbed by third countries may aggravate the difficulties facing the Community market without worsening the Community producers as regards production and situation thereon ; marketing ; Whereas for this purpose imports should be restricted Whereas massive imports from third countries at very by recourse to a system of import licences which will low prices create a situation on the Community be issued as the situation on the Community market market where products of Community origin lose allows ; whereas, in order to cope with a difficult trade outlets ; situation on the Community markets, the period of validity of these licences should be limited ; Whereas many tomato processing undertakings in the . main production areas of the Community have been Whereas imports from third countries willing to obliged to close during the last marketing year ; maintain a certain price level should not be included in the system of import licences ; whereas, moreover, with regard to the special system governing trade 1 OJ No L 153 , 1.7.1968 , p . 8 . between the Community and Greece it is necessary to 2 OJ No L 151 , 7.7.1971 , p . 1 . make provision for a different system for imports 3 OJ No L 151 , 7.7.1971 , p . 5. from that country;

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"Whereas recourse to a system of import licences Each application shall be accompanied by the lodging makes it necessary for Member States to make prior of a deposit of 3 units of account per 100 provision for its establishment; whereas consequently , kilogrammes net weight which secures the obligation this system may not be applied immediately but only to import during the period of validity of the licence with effect from 9 August 1971 ; and which shall, except in case of force majeure, be forfeited in whole or in part if importation is not Whereas, in order to take account of existing trade effected within this period or is only partly effected . relations and to ensure that the Community importers concerned are fairly treated, the restriction 4. The import licence shall not be required for on issuing licences to applicants should be based on imports from third countries to be specified which factors relating to a reference period; whereas for this are willing and in a position to guarantee that on purpose use should be made either of the month of importation into the Community of products from 1970 for which applications are lodged or of the their territory the price will not be below a certain average of the corresponding months from 1968 to minimum level and that all deflection of trade will 1970 if this average exceeds the quantity imported in be prevented. 1970 ;

Whereas some of the transactions normally carried Article 2 out by Community traders relate to transit operations for goods destined either for Member States or 1 . At the end of each week and for the first time European third countries ; whereas in order to on 30 July 1971 Member States shall notify the simplify the detailed rules for determining the Commission by telex of the quantities shown for reference quantity, account being taken of this type each month in respect of which import licences have of operation, the quantities of products entering the been applied for during the week. Community should be taken into consideration;

2. On the basis of the notifications provided for in Whereas the system of import licences must not paragraph 1 the Commission shall assess the situation result in excluding from the trade persons who have not carried out commercial transactions in tomato and decide as provided in Article 3 on the quantities of products for which licences shall be issued. concentrates during 1968 , 1969 and 1970 ; whereas consequently, it should be possible, within limits, to 3 . The Commission shall reach a decision during grant them import licences ; the -week following that in which the quantities applied for are notified to it. If, however, during the week in question the Commission has not acted on HAS ADOPTED THIS REGULATION : this, the conditions in force before the import licences were issued shall be maintained . Article 1 4. Up to the quantity specified in the application , 1 . From 9 August 1971 all imports into the import licences shall be issued for the quantities laid Community of tomato concentrates (sub-heading No down by the Commission . They shall be issued ex 20.02 C of the Common Customs Tariff) from during the second week following that during which third countries, excluding Greece, shall be subject to the quantities applied for are notified to the Commission . the submission of an import licence. Applications for quantities exceeding those specified 2. Member States shall issue the licence under the by the Commission shall for this reason be rejected. conditions laid down in Article 2, on application by the party concerned, irrespective of the place of his establishment within the Community . Article 3

The licence shall be issued for imports to be effected The Commission shall lay down the quantities of during the month for which it was drawn up. It may however, cover the fortnight preceding or the products for which the licences are issued by fixing a fortnight following the month in question in respect percentage to be applied to the reference quantity of the quantity for which it was issued. It shall be laid down each month for each particular applicant. valid for imports to be effected in the Member State which issued it. This reference quantity shall be equal to : '

3 . When application for a licence is made, the — the quantity of tomato concentrates imported by monthly quantities of products to which it relates the Community in 1970 during each month shall be indicated . specified in the application ; or

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— the average quantity of this product imported into importing Member States certifying these the Community during each month specified in operations . the application for 1968 , 1969 and 1970 if this average exceeds that specified in the first indent. 2 . Member States which issue the documents mentioned in paragraph 1 ( b ) (bb) shall ensure that applications for licences have not been made Article 4 previously to their own authorities for the quantities of products imported during the reference period for When applications for licences are made by persons which the documents were requested . who have not imported the products in question into the Community during the; period 1968-70, these They shall take all necessary measures to ensure that applications shall, by way of derogation from the the quantities of products which are the subject of above-mentioned provisions, be granted in respect of these documents are not taken into consideration for not more than 5% of the average quantities of laying down the . reference quantity used for products imported into the Member State and calculating the quantities for which import licences conveyed to the authorities of the latter in each will be issued by their own authorities. month of 1968 , 1969 and 1970 corresponding to those specified in the application . Article 6 Import licences corresponding to these applications shall be issued within ten working days following the The issue of the import licence shall include : lodging of the applications and in the chronological order in which they were lodged. One and the same — the right to import not more than 105% applicant may not be allotted quantities exceeding — the obligation to import not less than 95 % 1% of the average quantities of products imported into the Member State and mentioned in the> of the specific quantity of the product chosen during preceding subparagraph. the period of validity of the licence.

Article5¶

1 . Each Member State shall lay down the reference The import licence shall mention : quantities : ( a) the name and address of the applicant; (a) for the quantities of products which were imported into that Member State during the ( b ) the description of the product, the Common reference period corresponding to each month Customs Tariff sub-heading within which it falls specified in the application : and its reference number in the goods nomenclature for foreign trade statistics of the ( aa) by reference to the documents supplied by Member State in question ; the applicant certifying these operations and, ( c) the country of origin of the product; (bb ) by reference to the documents which he has at his disposal and which relate to these ( d) the quantity of. the product expressed in operations ; " kilogrammes, net weight;

(b ) for the quantities of products which have been (e) the month for which it was issued. imported into another Member State during the reference period corresponding to each month specified in the application : Article 8 ( aa) by reference to the documents supplied by the applicant certifying these operations and The obligations arising from the licences are not giving an undertaking that an application transferable. The rights arising from the licence are for these quantities has not been and will transferable by the licence holder during the period not be made in a Member State other than of validity of the licence. Such transfer may only be that for which the documents are provided, made in favour of one transferee per licence. and / The transfer shall take effect when the agency issuing ( bb) by reference to the documents issued the licence enters on the licence the name and address immediately, on application by the party of the transferee and the date of this entry, and concerned, by the authorities of the certifies the entry by affixing its official stamp.

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This entry shall be made at the request of .the licence the obligation to import is cancelled and that the holder. The transferee may not transfer his right or deposit shall not be forfeited : transfer it back to the titular licence holder. ( a) when importation cannot be effected during the period of validity of the licence as a result of Article 9 circumstances to be c-onsidered to constitute a case of force majeure, or The deposit referred to in Article 3 ( 1 ) may be (b ) for quantities of products which the party lodged in cash or in the form of a guarantee given by concerned has imported or has had imported into an establishment complying with the criteria laid the territory of the Community free of customs down by the Member State from which the issue of duties or charges having equivalent effect and the certificate is requested. which have left the territory of the Community for consumption in a third country. Article 10 » 2 . The importer shall, by means of the appropriate 1 . Without prejudice to Article 11 : documents, furnish proof:

(a) the deposit shall be forfeited in whole when the ( a) of the circumstances considered to be a case of obligation to import has not been fulfilled during force majeure, the period of validity of the licence ; (b) of the period during which the products were (b ) the deposit shall be forfeited in part if the brought into Community territory while customs quantity imported is more than 5% less than the duties or other charges having equivalent effect quantity indicated in the licence . The amount of were suspended, of their departure from the deposit withheld shall be calculated by Community territory and their free circulation in reference to the difference between the quantity a third country. indicated in the licence less 5% and the quantity actually imported ; 3 . Member States shall inform the Commission of circumstances recognised as a case of force majeure. 2. The deposit shall be immediately released :

( a) in respect of applications withdrawn no later than the week following that during which they Article 12 were lodged ; For the purposes of this Regulation, 'net weight' (b) if Article 2 (2) applies, in proportion to the means the weight of the product including the quantity for which an application has not been immediate packaging. granted.

Article11¶

On application by the party concerned, the Member This Regulation shall enter into force on 22 July State which issued the import licence shall decide that 1971 .

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

Done at Brussels, 20 July 1971 .

For the Commission I The President Franco M. MALFATTI