31971R1643

612 Official Journal of the European Communities

No L 171 /2 Official Journal of the European Communities 30.7.71

REGULATION (EEC) No 1643/71 OF THE COMMISSION

of 28 July 1971 introducing a system of minimum prices for imports - of tomato concentrates from Greece

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 ;

Whereas the halt in production in these factories and Having regard to Council Regulation (EEC) No increased imports have resulted in fewer potential 865 /68 1 of 28 June 1968 on the common organisation outlets for fresh tomatoes, and because of this there of the market in products processed from fruit and could be a surplus of at least 200 000 metric tons of ' vegetables, a!s last amended by Regulation (EEC) No the latter in the 1971 marketing year ; 1425/71 2 ;

Having regard to Council Regulation (EEC) No Whereas there may be a comparable effect on tomato 1427/71 3 of 2 July 1971 introducing protective processing undertakings in the Community following measures for products processed from fruit and importation at prices and quantities which are similar vegetables, and in particular Article 1 (2) thereof; to those of the previous marketing years ;

Whereas an assessment of the situation on the "Whereas imports into the Community of tomato concentrates from Greece during the 1970 marketing , market, the main points of which are outlined above, year amounted to some 22 000 metric tons; whereas leads to the conclusion that imports, and in particular imports from Greece enjoying the preferential this figure is 10 000 metric tons higher than the figure for 1969 and 18 000 metric tons higher than the treatment provided for by the Association Agreement figure for 1968 ; with that country, threaten the Community market with serious disturbances which could lead to prices such as to jeopardise the objectives of Article 39 of Whereas the offer prices from Greece in respect of the Treaty ; whereas, in these circumstances, it is this product are equivalent to 60 to 70% of the cost necessary to take protective measures applicable to price within the Community industry ; whereas, imports of tomato concentrates from Greece ; consequently, the trend of imports from Greece may aggravate difficulties facing Community producers as regards production and marketing; Whereas the protective measures must be so defined that where imports are effected under conditions such that their admission does not worsen the' market Whereas massive imports from Greece at these very low prices create a situation on the Community situation, these imports will not be adversely market where products of Community origin lose affected ; whereas, to that end, the protective trade outlets ; measures should be equally applicable to imports from other third countries which threaten to disturb the Community market ; Whereas many tomato processing undertakings in the main production areas of the Community have been Whereas, with regard to imports from Greece and obliged to close during the last marketing year; taking into consideration the special system governing trade between the Community and that 1 OJ No L 153, 1.7.1968, p. 8 . country, a system of minimum import prices should 2 OJ No L 151 , 7.7.1971 , p . 1 . be adopted; whereas, in order to check that these 3 OJ No L 151 , 7.7.1971 , p. 5 . prices are being complied with, these imports should

Official Journal of the European Communities 613

be made subject to the submission of an import (b) the lodging by the importer of a deposit of 3 licence to be issued without any quantitative units of account per 100 kilogrammes net weight restriction; whereas these prices must be fixed, taking to guarantee the undertaking referred to under into account the criteria mentioned in Article 44 (2) ( a) ( aa), and and (3 ) of the Treaty, at a level which ensures that the imports in question can no longer lead to prices (c) a written undertaking from the importer to pay a likely to jeopardise the objectives of Article 39 of the sum of 12 units of account per 100 kilogrammes Treaty ; • net weight if proof of compliance with the minimum price has not been furnished in accordance with the provisions of Article 8 ( 1 ) HAS ADOPTED THIS REGULATION : within six months following the expiry of the validity of the import licence.

Article 1 Article 3 1 . From 9 August 1971 all imports into the Community of tomato concentrates from Greece The import licence shall mention : falling within sub-heading No ex 20.02 C of the Common Customs Tariff shall be subject to the (a) the name and address of the applicant; submission of an import licence.

(b) the description of the product, the Common 2. Member States shall issue the licence under the Customs Tariff sub-heading within which it falls conditions laid down in Article 2, on application by and its reference number in the goods the party concerned, irrespective of the place of his nomenclature for foreign trade statistics of the establishment within the Community, and within ten Member State in question ; working days following the submission of the application. (c) the country of origin of the product; The licence shall be issued for imports to be effected during the month for which it was drawn up. It may, (d) the quantity of the product expressed in however, cover the fortnight preceding or the kilogrammes, net weight; fortnight following the month in question in respect of the quantity for which it was issued. It shall be (e) the month for which it was issued. valid for imports to be effected in the Member State which issued it. Article 4 3 . "When application for a licence is made, the monthly quantities of products to which it relates The obligations arising from the licence are not shall be indicated. transferable. The rights arising from the licence are transferable by the licence holder during the period Article 2 of validity of the licence. Such transfer may only be made in favour of one transferee per licence. The issue of the import licence shall be subject to : The transfer shall take effect when the agency issuing the licence enters on the licence the name and address (a) a written undertaking from the importer to of the transferee and the date of this entry, and ensure : certifies the entry by affixing its official stamp. (aa) that importation of not more than 105% This entry shall be made at the request of the licence and not less than 95% of the specified holder. The transferee may not transfer his right or quantity of the product will be effected transfer it back to the titular licence holder. during the period of validity of the licence;

(bb) that this importation arises from a contract Article 5 providing for sale and delivery free at Com­ munity frontier, or at a place situated outside the Community, at a price higher than that The deposit referred to in Article 2 (b) may be lodged shown in the Annex to this Regulation for in cash or in the form of a guarantee given by an the quality in question, and establishment complying with the criteria laid down by the Member State from which the issue of the (cc) that this price will actually be paid; certificate is requested.

614 Official Journal of the European Communities

Article 6 documents, furnish proof of the circumstances considered to be a case of force majeure. 1 . Without prejudice to the provisions of Article 7 : 3 . Member States shall inform the Commission of (a) the deposit shall be forfeited in whole when the circumstances recognised as a case of force majeure. obligation to . import has not been fulfilled during the period of validity of the licence; Article 8 (b) the deposit shall be forfeited in part if the quantity imported is more than 5% less than the 1 . Proof of compliance with the minimum price quantity indicated in the licence. The amount of shall be furnished by submitting to the body which the ' deposit withheld shall be calculated by issued the licence : reference to the difference between the quantity indicated in the licence less 5% and the quantity — the contract referred to in Article 2 ( a) (bb ), and actually imported. — a bank attestation certifying that payment of the purchase price specified in that contract has been 2. The deposit shall be immediately released in made . respect of applications withdrawn no later than the last day for the issue of the licence ; if the certificate 2. The . amounts due under the undertaking has been issued in the meantime, release of the referred to in Article 2 (c) shall be collected by the deposit shall be subject to the return of the licence. Member State which issued the import licence.

Article7¶

1 . On application by the party concerned, the For the purposes of this Regulation, 'net weight' Member State which issued the import licence shall means the weight of the product including the decide that the obligation to import is cancelled and immediate packings. that the deposit shall not be forfeited, when importation cannot be effected during the period of validity of the licence as a result of circumstances to Article 10 be considered to be a case of force majeure. This Regulation shall enter into force on 1 August 2. The importer shall, by means of appropriate 1971 .

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

Done at Brussels, 28 July 1971 .

For the Commission The President

Franco M. MALFATTI

Official Journal of the European Communities 615

ANNEX

Price in u.a./ lOO kg net weight, not including customs duties

Dry matter content In immediate In immediate In immediate In immediate In bulk or in In immediate . immediate packings of less packings of less packings of less packings of less than 4 kg but than 1-5 kg but than 0-7 kg but dian 0-25 kg but packings of less packings of 4 kg equal to or more equal to or but less than or more equal to or more equal to or more equal to or more than 0-15 kg more than than 1-5 kg than 0-7 kg than 0-25 kg than 0-15 kg (% ) ( % )

■ 20 27-5 28-9 31-6 33-0 38-5 41-3 20 22 28-8 30-2 33-1 34-6 40-3 43-2 22 24 30-1 31-6 34-6 36-1 42-1 45-2 24 26 31-4 33-0 36-1 37-7 44-0 47*1 26 28 . 32-7 34-3 3 7-6 39-2 45-8 49-1 28 30 34-0 35-7 39-1 40-8 47-6 51-0 30 32 35-3 37-1 40-6 42-4 49-4 53-0 32 34 36-6 38-4 42-1 43-9 51-2 54-9 34 36 37-9 39-8 43-6 45-5 53-1 56-9 36 38 39-2 41-2 45-1 47-0 54-9 58-8 38 40 40-5 42-5 46-6 48-6 56-7 60-8 40 42 41-8 43-9 48-1 50-2 58-2 62-7 42 — 43-1 45-2 49-6 51-7 60-3 64-7