31977R0522

21 . 3 . 77 Official Journal of the European Communities No L 73 /31

COUNCIL REGULATION (EEC) No 522/77

of 14 March 1977 laying down special provisions applicable to trade in tomato concentrates and peeled tomatoes between the Community as originally constituted and the new Member States

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas the compensatory amounts should be phased out as the Common Customs Tariff is progressively introduced in the new Member States ; Having regard to the Treaty establishing the European Economic Community, and <in particular Whereas provision should be made to ensure that Article 43 thereof, the said amounts are accounted for under the ar­ rangements for the financing of the common agri­ Having regard to the proposal ifrom the Commission, cultural policy,

Having regard to the opinion of the European HAS ADOPTED THIS REGULATION : Parliament (*),

Whereas in normal oircumstances the prices for Article 1 tomato concentrates and peeled tomatoes are sub­ stantially higher iin the Community as originally con­ In order to offset price differences exiisting in trade stituted than on the world market ; whereas this between the new Memlber States and the Community difference in prices could harm the competitive posi­ as originally constituted or third countries, a system tion of producers in the Community as originally constituted on the markets of the new Member of compensatory amounts as set out in the following Articles shall be applied in respect of tomato con­ States, which are an important traditional outlet centrates and peeled tomatoes falling within sub­ for Community production ; heading ex 20.02 C of the Common Customs Tariff and for which an export refund is granted pursuant Whereas the situation is likely to jeopardize the aims to Article 6 of Regulation ( EEC ) No 516/77. 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 2 competitive position on the markets of the new Mem­ ber States of producers in the Community as originally constituted ; In intra-Community trade, the Member States of the Community as originally constituted shall : Whereas compensatory amounts should therefore be — levy compensatory amounts on imports from the introduced for tomato concentrates and peeled tomatoes, to be granted or levied in trade between new Member States, the new Member States and the Community as — grant compensatory amounts on exports to the originally constituted or third countries ; whereas, new Member States . however, it will suffice if such compensatory amounts are applied only where a refund is granted pursuant to Article 6 of Coundil Regulation '( EEC ) No 516/77 of 14 March 1977 on the common organization of Article 3 the market in products processed from fruit and vegetables ( 2); For exports from the new Member States to third countries, the export refund shall be equal to the difference between the refund referred to in Article (*) OJ No C 30, 7. 2. 1977, p. 25 . (2) See page 1 of this Official Journal. 1 and the compensatory amount applicable.

No L 73 /32 Official Journal of the European Communities 21 . 3 . 77

Article 4 cedure laid down in Article 20 olf Regulation ( EEC) No 516 /77 . 1 . The compensatory amount for tomato concen­ trates shall be equal to 50% of the export refund referred to in Article 1 . The compensatory amount Article 7 shall be reduced in two stages .

The two reductions shall be such as to reduce the 1 . The compensatory amounts as provided for in level of the compensatory amounts to 25% and 0% Article 1 , which are levied or granted in trade be­ tween the Member States, shall be regarded for the respectively of the said refunds and shall be made on 1 July 1977 and 1 January 1978 . purposes of the financing of the common agricultural policy as intervention intended to stabilize agricultural markets . When the first reduction is made , the compensatory amount, based on the level of the export refunds, shall in no case be fixed at a level such as to allow 2. Such detailed rules for the application of this exportation to the new Memlber States at a price Article shall be adopted in accordance with the pro­ below the special minimum price referred to in Article cedure laid down in Article 13 of Council Regu­ 3 ( 3 ) of Council Regulation ( EEC ) No 516/77 . lation (EEC) No 729/70 ■(»).

2. The compensatory amount for peeled tomatoes Article 8 shall ibe equal to 25% of the export refund referred to in Article 1 . The compensatory amount shall be reduced in two stages . 1 . Council Regulation ( EEC) No 1930/75 of 22 July 1975 laying down special provisions applicable to The two reductions shall be such as to reduce the trade in tomato concentrates between the Com­ level of the compensatory amounts to 12-50% and 0% munity as originally constituted and the new Mem­ respectively of the said refunds and shall be made on ber States (2), as amended by Regulation (EEC) 1 July 1977 and 1 January 1978 . No 1779/76 (3), is hereby repealed .

Article 5 2. All references to the Regulation repealed by virtue of paragraph 1 shall be treated as references to this The compensatory amount applicable shall be that Regulation . in force on the day of importation or exportation .

Article6¶

Such detailed rules for the application of this Regu­ This Regulation shall enter into 'force on 1 April lation shall be adopted in accordance with the pro­ 1977 .

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

Done at Brussels, 14 March 1977.

For the Council The President

J. SILKIN

(') OJ No L 94 , 28 . 4 . 1970, p. 13 . (2) OJ No L 198, 29 . 7. 1975, p. 15 . (3 ) OJ No L 199, 24. 7. 1976, p. 8.