31973R3538

No L 361 / 6 Official Journal of the European Communities 29 . 12 . 73

REGULATION ( EEC) No 3538 / 73 OF THE COUNCIL

of 18 December 1973

on the use to be made of inward processing arrangements in trade in goods covered by Regulation ( EEC) No 1059/69 between Member States of the Commu­ nity as originally constituted and the new Member States and between the new Member States themselves

THE COUNCIL OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES ,

Having regard to the Treaty establishing the European Article 1 Economic Community ; For the purpose of this Regulation the Member States Having regard to the Treaty (') on the Accession of of the Community as originally constituted shall be new Member States to the European Economic regarded as a single Member State .

Community and the European Atomic Energy Community, signed on 22 January 1972, and in parti­ Article 2 cular Article 47 ( 5) of the Act of Accession annexed thereto ; 1 . It shall be prohibited, as long as the system of Having regard to the proposal from the Commission ; compensatory amounts provided for in Article 47 ( 1 ) of the Act of Accession is applied , to export from one Member State to another goods covered by Regulation Whereas for as long as customs duties or components ( EEC) No 1059 / 69 which have been manufactured or intended to ensure the protection of the processing obtained from basic products, products arising from industry referred to in Article 47 (2) or Article 61 of the processing thereof or products assimilated to one the Act of Accession still apply to trade in certain agri­ of these two categories imported from a Member State cultural products or goods covered by Council Regula­ or third country which have not been subjected in the tion (EEC) No 1059/ 69 (2 ) of 20 May 1969 laying exporting Member State to either : down the trade arrangements applicable to certain goods resulting from the processing of agricultural — compensatory amounts, as provided for in Article products, as last amended by Regulation ( EEC) No 47 of the Act of Accession ; 1491 /73 (3), between Member States of the Commu­ — compensatory amounts, as provided for in Article nity as originally constituted and the new Member States and between the new Member States them­ 55 of the Act of Accession ;

selves, it may be economically justifiable to process or — charges applicable to them in virtue of Article 5 of work under processing arrangements products of every Regulation ( EEC) No 1059 / 69 ; kind and , subject to the provisions made in virtue of — levies or other amounts or taxes, as provided for Article 45 of the Act of Accession , to admit the under the common agricultural policy . compensating products, which is subject to customs duties or to a protective component, to free circula­ 2 . Notwithstanding the provisions of Article 10 (2) tion ; whereas to enable such operations to be carried of Regulation (EEC) No 1059/ 69, where the charge or out, special provisions should be adopted, to be appli­ levy includes a component intended to ensure the cable during the period concerned ; protection of the processing industry referred to in Article 47 (2) or, where appropriate, Article 61 of the Whereas during the period referred to above compen­ Act of Accession , paragraph 1 shall not apply in sating products may be manufactured or assembled respect of such component for as long as customs from products imported from another Member State duties or components intended to ensure the protec­ which fulfil one of the conditions referred to in tion of the processing industry remain in force in Article 9 (2) of the Treaty ; whereas when these trade between Member States . compensating products are liable to compensatory amounts in trade between Member States the result is that price regulation no longer has any effect ; Article 3 whereas it is important therefore in these circum­ stances to prohibit the admission of such compen­ This Regulation shall enter into force on the day of its sating products to free circulation , publication in the Official Journal of the European Communities. (') OJ No L 73 , 27 . 3 . 1972, p. 5 . (2 ) OJ No L 141 . 12. 6. 1969 , p . 1 . (3 ) OJ No L 151 , 7 . 6 . 1973, p. 1 . It shall apply from 1 January 1974.

29 . 12 . 73 Official Journal of the European Communities No L 361 / 7

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

]. CHRISTENSEN