31974R1428

No L 151 /2 Official Journal of the European Communities 8 . 6 . 74

REGULATION ( EEC) No 1428 /74 OF THE COUNCIL of 4 June 1974 amending , in respect of tomatoes, Regulation (EEC) No 228 /73 laying down general rules for the system of compensatory amounts for fruit and vegetables

THE COUNCIL OF THE EUROPEAN therefore, the compensatory amounts given for Ireland COMMUNITIES , in the Annex to the Regulation in question should be replaced in respect of tomatoes by compensatory Having regard to the Treaty establishing the European amounts fixed without applying a conversion factor to Economic Community ; the producer prices ; Having regard to the Treaty concerning the Accession Whereas, however, so as to avoid penalizing those of new Member States to the European Economic importers who in 1973 imported tomatoes into Community and the European Atomic Energy Ireland during the period of application of the Community, signed on 22 January 1972, and in parti­ compensatory amounts, provision should be made to cular Article 62 ( 1 ) of the Act (J ) annexed thereto ; prevent the fixing of new compensatory amounts from affecting compensatory amounts already levied Having regard to the proposal from the Commission ; on imports by that Member State ; Whereas Article 65 of the Act of Accession provides that in the circumstances specified in paragraph 1 of Whereas, as regards Denmark, the basic amounts that Article compensatory amounts shall be fixed for applicable in respect of tomatoes from 1974 to 1977 fruit and vegetables ; whereas Article 66 of the said should be determined by reference to an initial basic Act lays down the criteria for fixing such amounts ; amount calculated without applying a conversion factor to the producer price, Whereas under Council Regulation (EEC) No 228 /73 (2) of 31 January 1973 laying down general rules for the system of compensatory amounts for fruit HAS ADOPTED THIS REGULATION : and vegetables, as last amended by Regulation (EEC) No 1365/73 (3), the compensatory amounts for toma­ Article 1 toes are fixed by applying to the prices for tomatoes grown under glass a conversion factor fixed at a The Annex to this Regulation shall be substituted for standard figure to take account of the differences section D (2) of Annex I to Regulation (EEC) No between tomatoes grown under glass and tomatoes 228 /73 with effect from 11 June 1973 . This provision grown in the open, to which the basic price relates ; shall be without prejudice to any compensatory amounts actually levied by Ireland on imports effected Whereas the Court of Justice of the European in 1973 . Communities in its judgment of 21 March 1974 declared void Regulation (EEC) No 1365/73 in so far Article 2 as it provided for a conversion factor to be applied to the producer price and thereby fixed the compensa­ The following subparagraph shall be added to Article tory amounts applicable by Ireland in respect of toma­ 3 of Regulation (EEC) No 228/73 : toes for delivery fresh to the consumer ; ' However, as regards the basic amounts applicable Whereas under Article 176 of the Treaty, the Council by Denmark in respect of tomatoes until 31 is required to take the necessary measures to comply December 1977, these reductions shall be made by with the judgment of the Court of Justice ; whereas reference to the basic amounts fixed below :

Trade between Amounts in Denmark and Period of application u. a. / 100 kg net Third countries From 11 June to 31 October 36-2 EEC as originally constituted From 11 June to 31 October 36-2 United Kingdom From 11 June to 31 October 36-2 Ireland From 11 June to 31 October 14-5 '

(!) OJ No L 73 , 27 . 3 . 1972, p. 14. (2) OJ No L 27, 1 . 2. 1973 , p. 20 . (3) OJ No L 137, 24. 5 . 1973 , p. 1 .

8 . 6 . 74 Official Journal of the European Communities No L 151 /3

Article3¶

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

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

Done at Luxembourg, 4 June 1974. For the Council The President

J. ERTL

ANNEX

2. By Ireland

Amounts in Trade with Period of application u. a. / 100 kg net Third countries From 11 June to 21 November 21-7 EEC as originally constituted From 11 June to 21 November 21-7 United Kingdom From 11 June to 21 November 21-7 Denmark From 1 November to 21 November 21-7