31976R0459

28 . 2 . 76 Official Journal of the European Communities No L 53 / 83

COMMISSION REGULATION (EEC) No 459/76 of 27 February 1976 establishing a system of minimum prices applicable to the importation of tomato concentrates originating in Greece

THE COMMISSION OF THE EUROPEAN lead to prices which could threaten the aims of Article COMMUNITIES, 39 of the Treaty ; whereas in these circumstances it is necessary to take protective measures against imports of tomato concentrates from Greece ; Having regard to the Treaty establishing the European Economic Community, Whereas, in the case of imports from Greece, having regard to the special arrangements governing trade Having regard to Council Regulation (EEC) No between the Community and Greece, a system of 865/68 of 28 June 1968 on the common organization minimum import prices, at a level which avoids a of the market in products processed from fruit and threat to the aims of Article 39 of the Treaty, should vegetables (*), as last amended by Regulation (EEC) be introduced, in accordance with Article 41 of the No 1420/75 (2), Athens Agreement ; whereas if these prices are fixed at the levels set out in the Annex, bearing in mind the abovementioned aims and facts, this should not stand Having regard to Council Regulation (EEC) No in the way of the criteria referred to in Article 44 (2) 1927/75 of 22 July 1975 concerning the system of and (3) of the Treaty and in particular the natural pref­ trade with third countries in the market in products erence therein mentioned ; whereas the importer processed from fruit and vegetables (3), and in parti­ cular Article 7 (2) thereof, should provide an additional security to ensure that these prices are respected ; whereas to bring the above system into effect, it is necessary to derogate from the Whereas, as a result of developments during the terms of Article 9 of Commission Regulation (EEC) 1974/75 and 1975/76 marketing seasons for tomato No 2104/75 of 31 July 1975 amending Regulation concentrates, considerable stocks now exist both in No 193/75 and laying down special detailed rules for the Community and in Greece ; whereas these stocks the application of the system of import licences and may be estimated at about 70 % of the 1975 produc­ advance fixing certificates for products processed from tion in the Community and in Greece ; whereas the fruit and vegetables (4) ; resulting stocks available may depress the Community market and aggravate the fall in prices noted during the last few months ; Whereas, in view of the substantial quantity of products in respect of which certificates have already been issued, these quantities should be subject to the Whereas the Greek offer prices for the Community system of minimum prices, while permitting the market, which are significantly below the cost price importer to request the cancellation of the certificates for the Greek producers, are so low that they could in question, threaten the aims of Article 39 of the Treaty ;

Whereas imports from other suppliers of the Commu­ nity cannot be effected below the minimum price or the special minimum price established under the HAS ADOPTED THIS REGULATION : common organization of the market ; whereas, consequently, it is only imports from Greece under the preferential system under the relevant Association Agreement which can aggravate the situation observed Article 1 on the Community market ;

All imports into the Community of tomato concen­ Whereas a survey of the market, as outlined above, trates falling within subheading ex 20.02 C of the suggests that imports from Greece, which benefit Common Customs Tariff, originating in Greece are from the said preferential regime, threaten the required to observe the minimum price or special Community market with serious disturbances likely to minimum price, as appropriate, specified in the Annex . (>) OJ No L 153, 1 . 7. 1968, p. 8 . (2) OJ No L 141 , 3 . 6. 1975, p. 1 . (3) OJ No L 198 , 29 . 7. 1975, p. 7. (4) OJ No L 214, 12. 8 . 1975, p. 20 .

No L 53 / 84 Official Journal of the European Communities 28 . 2. 76

Article2¶

1 . Without prejudice to the first indent of Article 1 . The import licences which have been issued 4 (2) of Regulation (EEC) No 1927/75, the issue of before the date of entry into force of this Regulation import licences for tomato concentrates originating in may not be used with effect from such date . Greece shall be conditional upon the provision of an additional security to guarantee that the free-at­ 2. On request by any person concerned, the licences referred to in paragraph 1 shall be replaced frontier price of the products to be imported under by new licences which in addition shall be subject to these licences shall be equal to or greater than the the provision of the additional security referred to in minimum price or the special minimum price, as Article 2 . appropriate. 2. The rate of the additional security referred to in Any new licence, which shall be issued without delay, paragraph 1 shall be fixed at 10 units of account per shall have the same date of expiry as the one which it replaces. It may be issued in respect of all or part of 100 kg, including immediate packings. the quantity not imported under the old licence. 3. Articles 7 (2) and 8 ( 1 ) (b) and (c) of Regulation (EEC) No 2104/75 shall apply. 3. Any person concerned may request the cancella­ tion of a licence issued before the entry into force of Article 3 this Regulation, in respect of all or part of the quan­ tity not imported under such licence. Licences which have been requested before the entry into force of this Regulation, and which have not yet Article 5 been issued by such date, shall be subject to the provi­ sion of the additional security referred to in Article 2. This Regulation shall enter into force on the third day Nevertheless, any person concerned may withdraw following its publication in the Official Journal of this request relating to such a licence. the European Communities.

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

Done at Brussels, 27 February 1976. For the Commission P.J. LARDINOIS Member of the Commission

28 . 2. 76 Official Journal of the European Communities No L 53/85

ANNEX

Minimum import price into the Community as originally constituted, in u.a./ 100 kg net weight ( 1), customs duties included

Dry weight content Immediate Immediate Immediate Immediate Immediate Immediate packings less packings less packings less packings less packings Not less than But less than packings of than 4 kg but than 1-5 kg than 0-7 kg than 0-25 kg less than 4 kg or over not less than but not less but not less but not less ( %) (% ) 0-15 kg 1-5 kg than 0-7 kg than 0-25 kg than 0-15 kg

20 · 42-0 45-2 49-5 51-7 60-3 63-0 20 22 45-4 47-7 52-3 54-6 63-6 68-2 22 24 47-8 50-3 55-1 57-4 67-0 71-8 24 26 50-2 52-7 57-7 60-3 70-3 75-3 26 28 52-6 55-3 60-5 631 73-6 78-9 28 30 550 57-7 63-2 660 77-0 82-5 30 32 57-4 60-3 660 68-9 80-4 861 32 34 59-8 62-8 68-7 71-7 83-7 89-6 34 36 621 65-3 71-4 74-6 87-0 93-2 36 38 64-5 67-8 74-2 77-4 90-4 96-8 38 40 66-9 70-3 76-9 80-3 93-7 100-4 40 42 69-3 72-8 79-5 83-2 97-0 103-9 42 — 71-7 75-2 82-4 860 100-4 107-5

(*) The net weight of the products is considered as being the weight of the product including immediate packings.

Special minimum import price into the new Member States, u.a./ 100 kg net weight f 1), customs duties included

Dry weight content Immediate Immediate Immediate Immediate Immediate Immediate packings less packings less packings less packings less packings Not less than But less than packings of than 4 kg but than 1-5 kg than 0-7 kg than 0-25 kg less than 4 kg or over not less than but not less but not less but not less (% ) (% ) 015 kg 1-5 kg than 0-7 kg than 0-25 kg than 0-15 kg

20 27-8 30-0 32-8 34-3 40-0 41-8 20 22 30-2 31-7 34-7 36-2 42-2 45-3 22 24 31-8 33-4 36-5 38-1 44-5 47-6 24 26 33-3 35-0 38-3 40-0 46-6 50-0 26 28 34-9 36-7 40-1 41-9 48-9 52-4 28 30 36-5 38-3 42-0 43-8 51-1 54-7 30 32 38-1 40-0 43-8 45-7 53-3 57-1 32 34 39-7 41-6 45-6 47-6 55-5 59-5 34 36 41-2 43-3 47-4 49-5 57-7 61-9 36 38 42-8 45-0 49-2 51-4 60-0 64-2 38 40 44-4 46-6 51-1 53-2 62-2 66-6 40 42 46-0 48-3 52-8 55-2 64-4 69-0 42 — 47-6 49-9 54-7 57-1 66-6 71-4

(l) The net weight of the product is considered as being the weight of the product including immediate packings.