31975R1930

29 . 7 . 75 No L 198 / 15 Official Journal of the European Communities

REGULATION (EEC) No 1930/75 OF THE COUNCIL of 22 July 1975 laying down special provisions applicable to trade in tomato concentrates between the Community as originally constituted and the new Member States

THE COUNCIL OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES, Article 1 Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 In order to offset price differences existing in trade thereof ; between the new Member States and the Community as originally constituted or third countries, a system of compensatory amounts as set out in the following Arti­ Having regard to the proposal from the Commission ; cles shall be applied in respect of tomato concentrates falling within subheading No ex 20.02 C of the Having regard to the Opinion of the European Parlia­ Common Customs Tariff and for which an export ment ( ! ) ; refund is granted pursuant to Article 3a of Regulation (EEC) No 865/68 . Whereas in normal circumstances the price for tomato concentrates is substantially higher in the Article 2 Community as originally constituted than on the world market ; whereas this difference in prices could In intra-Community trade, the Member States of the harm the competitive position on the markets of the Community as originally constituted shall : new Member States of producers in the Community as — levy compensatory amounts on imports from the originally constituted ; new Member States, — grant compensatory amounts on exports to the Whereas the situation is likely to jeopardize the aims new Member States . of the common agricultural policy as laid down in Article 39 of the Treaty ; whereas, to remedy this, special measures must be taken to safeguard the Article 3 competitive position on the markets of the new Member States of producers in the Community as orig­ For exports from the new Member States to third inally constituted ; countries, the export refund shall be equal to the difference between the refund referred to in Article 1 and the compensatory amount applicable. Whereas compensatory amounts should therefore be introduced for tomato concentrates, to be granted or levied in trade between the new Member States and Article 4 the Community as originally constituted or third coun­ The compensatory amount shall be equal to 60 % of tries ; whereas, however, it will suffice if such compen­ satory amounts are applied only where a refund is the export refund referred to in Article 1 . The compensatory amount shall be reduced in three granted pursuant to Article 3a of Council Regulation stages. (EEC) No 865/68 (2) of 28 June 1968 on the common organization of the market in products processed from The three reductions shall be such as to reduce the fruit and vegetables, as last amended by Council Regu­ level of the compensatory amounts to 40, 20 and 0 % lation (EEC) No 1420/75 (3) ; respectively of the said refunds and shall be made on : 1 July 1976, 1 July 1977 and 1 January 1978 . Whereas the compensatory amounts should be phased out as the Common Customs Tariff is progressively When each reduction is made, the • compensatory introduced in the new Member States ; amount, based on the level of the export refunds, shall in no case be fixed at a level such as to allow exporta­ tion to the new Member States at a price below the Whereas provision should be made to ensure that the special minimum price referred to in Article 2 (3) of said amounts are accounted for under the arrange­ Council Regulation (EEC) No 1927/75 (4) of 22 July ments for the financing of the common agricultural 1975 concerning the system of trade with third coun­ policy, tries in the market in products processed from fruit and vegetables. (') OJ No C 93 , 7. 8 . 1974, p. 7. (2 ) OJ No L 153, 1 . 7. 1968 , p. 8 . (3) OJ No L 141 , 3 . 6 . 1975, p. 1 . (4 ) See page 7 of this Official Journal .

No L 198 / 16 Official Journal of the European Communities 29 . 7 . 75

Article 5 the Member States, shall be regarded for the purposes of the financing of the common agricultural policy as The compensatory amount applicable shall be that in intervention intended to stabilize agricultural markets. force on the day of importation or exportation . 2. Such detailed rules as may be necessary for the Article 6 application of this Article shall be adopted in accor­ dance with the procedure laid down in Article 13 of Such detailed rules for the application of this Regula­ Council Regulation (EEC) No 729/70 (*). tion shall be adopted in accordance with the proce­ dure laid down in Article 15 of Regulation (EEC) No Article 8 865/68 . This Regulation shall enter into force on the third day Article 7 following its publication in the Official Journal of the European Communities. 1 . The compensatory amounts as provided for in Article 1 , which are levied or granted in trade between It shall apply from 1 August 1975.

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

Done at Brussels, 22 July 1975. For the Council

The President G. MARCORA

(•) OJ No L 94, 28 . 4. 1970, p. 13 .