31973R0357

12 . 2 . 73 Official Journal of the European Communities No L 39/3

REGULATION (EEC) No 357/73 OF THE COMMISSION of 31 January 1973 on the movement of goods obtained in the Community under a procedure for the suspension or drawback of customs duties or other import charges

THE COMMISSION OF THE EUROPEAN Whereas taking into account the experiences obtained COMMUNITIES , within the original Community in a similar situation, the risk of distortion of competition, for Community producers, from recourse by processors to a procedure Having regard to the Treaty establishing the European allowing suspension or drawback of customs duties Economic Community ; or other import charges does not require the adoption of a special measure aimed at compensating for the effects of this procedure ; Having regard to the Treaty (*) concerning the Accession of the Kingdom of Denmark, Ireland, and Whereas, it is nevertheless necessary to exclude from the United Kingdom of Great Britain and Northern the benefit of the Community procedure products Ireland to the European Economic Community and coming from third countries which, before importation the European Atomic Energy Community ; into the Member State of destination, are subjected in another Member State under a procedure for the suspension or drawback of customs duties or other Having regard to the Act ( 2) concerning the Conditions import charges to a treatment of minor significance of Accession and the Adjustments to the Treaties, and with the sole object of their benefiting from the tariff particular Article 45 (2) ; treatment which will result from the Community procedure ; Whereas it is necessary to determine the conditions under which goods obtained in the Community under a procedure for the suspension or drawback of customs HAS ADOPTED THIS REGULATION : duties or other import charges may benefit from Community procedure in trade between the Community as originally constituted and new Member States Article 1 and between the new Member States themselves ;

1 . Up to and including the 31 December 1973 , goods Whereas this procedure will be implemented for obtained in a Member State and in the manufacture of agricultural goods and for certain goods processed which have been incorporated products on which have from agricultural goods as from 1 February 1973 not been charged : and for all other goods as from 1 April 1973 ; — customs duties and charges having equivalent effect ; Whereas the fact that agricultural products subject to — compensatory amounts as prescribed in Article 55 levies and other import charges provided for under of the Act of Accession ; the common agricultural policy and certain goods processed from agricultural goods are obtained in the — levies and other import charges provided for under Community is not compatible with the procedure for the common agricultural policy ; compensatory amounts referred to in Article 55 of the aforesaid Act ; which were applicable to them in that Member State, or which have benefited from a total or partial Whereas as regards other goods the tariff reductions remission or repayment of such duties , charges , amount to be made by Member States will not exceed 20% levies or other import charges are admitted shall of the basic duties during 1973 ; benefit on importation into another Member State from the progressive abolition of customs duties and charges having equivalent effect and the abolition of quantitative restrictions and measures having equiv­ H OJ No L 73 , 27. 3 . 1972 , p. 5 . (2) OJ No L 73 , 27. 3 . 1972 , p. 14. alent effect, provided for in the Act concerning the

No L 39/4 Official Journal of the European Communities 12 . 2 . 73

Conditions of Accession and the Adjustment to the Article 2 Treaties annexed to : In those cases where the products used are products coming from third countries which are subjected to a — the Treaty concerning the Accession of the treatment insufficient to be regarded as manufacture Kingdom of Denmark, Ireland and the United the goods so obtained shall benefit from the procedure Kindom of Great Britain and Northern Ireland to referred to in Article 1(19) only on condition that they the European Community and the European are in free circulation according to the provisions of Atomic Energy Community ; and the EEC Treaty, the ECSC Treaty and the Act of Accession . — the Council Decision of the European Communities concerning the Accession of the said States to the European Coal and Steel Community, Article 3

hereinafter referred to as 'the Act of Accession'. This Regulation shall enter into force on the day of its publication in the Official Journal of the European 2. For the purposes of the present Regulation, the Communities,. Community as originally constituted is regarded as a single Member State. This Regulation shall apply from 1 February 1973 .

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

Done at Brussels, 31 January 1973 .

For the Commission

The President

Francois-Xavier ORTOLI