31973R3537

No L 361 / 4 Official Journal of the European Communities 29 . 12 . 73

REGULATION ( EEC) No 3537 / 73 OF THE COUNCIL of 18 December 1973 on the use to be made of inward processing arrangements in trade in agricul­ tural products between Member States of the Community as originally consti­ tued and the new Member States and between the new Member States them­ selves

THE COUNCIL OF THE EUROPEAN Member State which fulfil one of the conditions COMMUNITIES , referred to in Article 9 (2) of the Treaty ; whereas when these compensating products are liable to Having regard to the Treaty establishing the European compensatory amounts in trade between Member Economic Community ; States the result is that price regulation no longer has any effect ; whereas it is important therefore in these Having regard to the Treaty (') on the Accession of circumstances to prohibit the admission of such new Member States to the European Economic compensating products to free circulation , Community and the European Atomic Energy Community, signed on 22 January 1972, and in parti­ cular Article 62 ( 1 ) of the Act annexed thereto ; HAS ADOPTED THIS REGULATION : Having regard to the proposal from the Commission ; Art idc 1 Whereas some of the Regulations which establish the common organization of markets contain a provision For the purposes of this Regulation the Member States which prohibits the admission to free circulation of the Community as originally constituted shall be within the Community of goods subject to such organ­ regarded as a single Member State . ization which are manufactured or obtained from products to which Article 9 ( 2) and Article 10 ( 1 ) of the Treaty establishing the European Economic Article 2 Community do not apply ; 1 . It shall be prohibited, as long as the system ot Whereas for as long as components intended to compensatory amounts provided for in Article 55 ( 1 ) ensure the protection of the processing industry (a) of the Act of Accession is applied, to export from referred to in Article 61 of the Act of Accession or one Member State to another compensating products customs duties still apply to trade in certain agricul­ covered by one common organization of the market tural products between Member States of the Commu­ which have been manufactured or assembled from nity as originally constituted and the new Member . products imported from a Member State or a third States and between the new Member States them­ country which have not been subjected in the selves, it may be economically justifiable to process or exporting Member State to either : work under inward processing arrangements products — compensatory amounts, as provided for in Article of every kind and, subject to the provisions made in virtue of Article 45 of the Act of Accession , to admit 55 of the Act of Accession , the compensating product, which is subject to — customs duties where the incidence thereof has a customs duties or to a protective component, to free corrective effect on the compensatory amounts circulation ; whereas to enable such operations to be referred to in the first indent, in application of the carried out, special provisions should be adopted, to third subparagraph of Article 66 ( 1 ) of the Act of be applicable during, the period concerned ; Accession , of the first subparagraph of Article 91 ( 1 ) of the said Act and Article 99 thereof ; Whereas, in the case of certain products , the compen­ — levies or other amounts or taxes provided for satory amounts referred to in Article 55 of the Act of under the common agricultural policy . Accession are corrected by the incidence of customs duties ; whereas the economic effects of customs 2 . Where the levy includes a component intended duties are thus cancelled out ; whereas these products to ensure the protection of the processing industry must be assimilated with those subjected to a single referred to in Article 61 of the Act of Accession , para­ price regulatory system ; graph 1 shall not apply in respect of such component .

Wherereas during the period referred to above compensating products may be manufactured or /1 rtic c 3 assembled from products imported from another The application of Article 21 (2) of Regulation No (!) OJ No L 73 , 27 . 3 . 1972 , p. 5 . 120 / 67 / EEC and corresponding provisions in other

29 . 12 . 73 Official Journal of the European Communities No L 361 / 5

Regulations on the common organization of markets Article 4 shall be suspended for as long as components referred This Regulation shall enter into force on the day of its to in Article 61 of the Act of Accession intended to publication in the Official Journal of the European ensure the protection of the processing industry or Communities. customs duties remain in force in trade between Member States . It shall apply from 1 January 1974.

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

Done at Brussels , 18 December 1973 . For the Council

The President J. CHRISTENSEN