31973R2454

No L 252/ 14 Official Journal of the European Communities 8 . 9 . 73

REGULATION (EEC) No 2454/73 OF THE COMMISSION of 7 September 1973 on the prohibition of the export from Italy to third countries of certain goods falling within Regulation (EEC) No 1059/69

THE COMMISSION OF THE EUROPEAN tation could be harmful to the realization of the objec­ COMMUNITIES, tive pursued in the agricultural sector in question, because of their high content of this basic product, or of the uses that may be made thereof ; and whereas all Having regard to the Treaty establishing the European elements stated above lead to the conclusion that Economic Community ; export of macaroni, spaghetti and similar products jeopardizes, especially in the cereals' sector, the objec­ Having regard to Council Regulation (EEC) No tives pursued by the common agricultural policy, set 1059/69 (!) of 28 May 1969 determining the system of in Article 39 (1 ) of the Treaty, in particular those trade applicable to certain goods processed from agri­ mentioned there under d) c) and e) ; cultural products, as last amended by Council Regula­ tion (EEC) No 1 49 1 /73 (2), and in particular Article 9 Whereas it is therefore necessary to adopt with immed­ (a) thereof ; iate effect appropriate measures to safeguard the Community interests ; and whereas in the actual Whereas on 27 August 1973 the Italian Republic has circumstances only a prohibition of export from the informed the Commission of the shortage existing of Italian territory to third countries might improve the certain products processed from durum wheat and in situation ; particular of macaroni, spaghetti and similar products of heading 19.03 of the Common Customs Tariff ; Whereas such a measure cannot be harmful to the interests of the Italian processing industry of the Whereas in this communication Italy also asked the products in question ; in fact, the possibility of selling Commission to take appropriate safeguard measures to those products is not compromised, given on the one avoid that such products be exported from the Italian hand the shortage existing in that Member State, and territory ; and whereas indeed such exports would on the other hand the limitation of the measure to endanger the supply already seriously compromised export to third countries ; by the actual shortage ;

Whereas it is desirable to permit the export of maca­ Whereas the situation of the world market of durum roni, spaghetti and similar products for supplying sea wheat is such that the Commission, by Decision of 4 ships or aircraft flying on international lines, August 1 973 (3) has already taken safeguard measures including those within the Community ; and whereas applicable to export of that product from the Commu­ such exports do not harm the objective of this Regula­ nity ; tion ;

Whereas the Commission has furthermore, by Deci­ Whereas pursuant to Article 9 (a) (2) of Regulation sion of 27 August 1973 (4), taken similar measures (EEC) No 1059/69 the Member States have been concerning durum wheat groats, meal and flour, consulted on the present measure ; limited to exports from Italy however ;

Whereas the situation in that Member State requires that the abovementioned measures be extended to macaroni, spaghetti and similar products ; and HAS ADOPTED THIS REGULATION : whereas Article 9 (a) of Regulation (EEC) No 10 59/69 provides that when , in application of a regulation on the common organization of the market in a certain sector, levies, taxes or other measures applicable on Article 1 exportation of a basic product are adopted, the Commission can decide to apply appropriate measures concerning certain goods of which the expor­ 1 . The accomplishment in Italy of the customs formalities for exporting to third countries of maca­ (!) OJ No L 141 , 12. 6 . 1969 , p . 1 . roni, spaghetti and similar products falling within the $ OJ No L 151 , 7. 6. 1973 , p. 1 . - P ) OJ No L 219, 7 . 8 . 1973 , p . 25 . sub-headings 19.03 A and 19.03 B I of the Common h) OJ No L 243, 31 . 8 . 1973 , p. 44. Customs Tariff, and which are in one of the situations

8 . 9 . 73 Official Journal of the European Communities No L 252/ 15

provided in Article 9 (2) of the Treaty, shall be prohi­ Article 2 bited .

2. The prohibition provided in paragraph ( 1 ) shall not apply to exports in the form of supplying sea­ This Regulation shall enter into force on the day of its going vessels or of aircraft serving international lines, publication in the Official Journal of the European including those within the Community. Communities.

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

Done at Brussels, 7 September 1973. For the Commission

The President

Francois-Xavier ORTOLI