31974R1070

No L 120 / 10 1 . 5 . 74 Official Journal of the European Communities

REGULATION ( EEC) No 1070/ 74 OF THE COUNCIL of 29 April 1974 amending Regulation ( EEC) No 224/73 laying down general rules concerning the components designed to ensure, within the cereals and rice sectors , the protec­ tion of the processing industry , and fixing those components in respect of the new Member States

THE COUNCIL OF THE EUROPEAN component was levied on 1 January 1972 on the COMMUNITIES, abovementioned trade , allowance should be made for this fact by supplementing Article 3 of Regulation Having regard to the Treaty establishing the European ( EEC) No 224/73 ; Economic Community ; Whereas in order to preclude possible deflection of Having regard to the Treaty concerning the Accession trade, it should be specified that those products on of new Member States to the European Community which no fixed component has been levied must origi­ nate in the Member States involved ; and to the European Atomic Energy Community, and in particular Articles 61(2) and 62 of the Act (') annexed thereto ; Whereas on 1 January 1972 Ireland applied no fixed component to imports of products falling within Having regard to the proposal from the Commission ; Tariff subheading No 17.02 B I a) ; whereas the appli­ cation of Council Regulation No 1 89/66/ EEC (3) of 24 November 1966 on glucose and lactose, which makes Whereas the first indent of Article 1 (3) of Council products falling within tariff subheading No 17.02 B I Regulation (EEC) No 224/73 (2) of 31 January 1973 subject to the same treatment as products falling laying down general rules concerning the components within subheading No 17.02 B II, is making it very designed to ensure, within the cereals and rice sectors, difficult to obtain supplies of these products in the protection of the processing industry, and fixing Ireland , since, having previously levied no fixed those components in respect of the new Member component on imports, the country has moved States, specifies that as regards imports into the new Member States from third countries, the former are to directly to a system involving the levy of a large component ; whereas this is contrary to the Act of determine the fixed components, adjusted in accor­ Accession , which provides that the new Member dance with Article 59 (2) of the Act of Accession ; States are to align gradually with the Community level whereas it should be established what fixed compo­ nents are to be levied in the new Member States on from the situation existing prior to accession ; whereas it should therefore be recognized that the application imports from third countries if the Community fixed of Article 61 of the Act of Accession should result in component is altered or suspended ; whereas Article a suspension of Regulation No 1 89/ 66/ EEC in this 39 (2) of the Act of Accession , which specifies what instance during the transitional period ; whereas there action may be taken if Common Customs Tariff are no technical difficulties for Ireland in applying duties are altered or suspended, should be applied by different import treatment as regards fixed compo­ analogy ; nents according to whether the products concerned fall within tariff subheading No 17.02 B I or No 1.7.02 Whereas Article 3 of Regulation (EEC) No 224/73 B II , specifies the circumstances in which no fixed compo­ nent is collected ; whereas, prior to accession , pursuant to the bilateral Anglo-Danish Agreement of 8 April 1960 concluded within the framework of the HAS ADOPTED THIS REGULATION : European Free Trade Association and the Protocol of II May 1963 contained therein, no fixed component was levied on malt in trade between the United Article 1 Kingdom and Denmark ; whereas Article 61 (2) of the Act of Accession rules that the fixed component is to be determined for the new Member States by sepa­ The following subparagraph shall be added to the first rating out from the total protection applied by the indented subparagraph of Article 1 (3) of Regulation new Member States on 1 January 1972 on imports ( EEC) No 224/ 73 : from third countries the component or components designed to ensure the protection of their processing ' If the Community fixed component is altered or industry ; whereas in view of the fact that no fixed suspended , the new Member States shall simultane­ ously alter or suspend the basic fixed component (') OJ No L 73 , 27 . 3 . 1972, p. 14. (2) OJ No L 27, 31 . 1 . 1973 , p . 8 . (3 ) OJ No 218 , 28 . 11 . 1966, p . 3713 / 66 .

1 . 5 . 74 Official Journal of the European Communities No L 120 / 11

applicable to imports from third countries to the Article J extent envisaged under Article 59 (2) of the Act The following shall be added to footnote 1 to the Article 2 Annex to Regulation (EEC) No 224/73 :

The following shall be substituted for the text of ' However, the fixed component applicable to Article 3 of Regulation ( EEC) No 224/73 : imports into Ireland of products falling within ' No fixed component shall be levied : tariff subheading No 17.02 B I a) is fixed at zero ; for subsequent marketing years this component (a) on the importation into the United Kingdom shall be adjusted, in respect of imports from third of the products referred to in Article 1 (2) countries , in accordance with Article 59 (2) of the which come from and originate in Ireland ; Act .' (b) on the importation into Ireland of malt and products falling within subheading No 23.07 ex B, of the Common Customs Tariff, desig­ Article 4 nated as "balancer meals , mineral mixtures and concentrates", coming from and originating in the United Kingdom ; This Regulation shall enter into force on the day of its publication in the Official Journal of the European (c) in trade between the United Kingdom and Communities. Denmark in malt, whether roasted or not, falling within heading No 11.07 of the Common Customs Tariff and originating in However, Articles 2 and 3 shall be applicable from 1 those Member States .' February 1973 .

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

Done at Luxembourg, 29 April 1974.

For the ' Council

The President

J. ERTL \