31977R1637

22 . 7 . 77 No L 183 / 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC) No 1637/77 of 18 July 1977 amending Regulation ( EEC) No 522/77 laying down special provisions appli­ cable to trade in tomato concentrates and peeled tomatoes between the Commu­ nity as originally constituted and the new Member States

THE COUNCIL OF THE EUROPEAN functioning of the trade arrangements with non­ COMMUNITIES, member countries ; whereas Regulation (EEC) No 522/77 should therefore be amended by making provi­ Having regard to the Treaty establishing the European sion for the levy of compensatory amounts to be Economic Community, and in particular Article 43 extended to products originating in non-member thereof, countries ; Having regard to the proposal from the Commission , Whereas by Article 4 ( 1 ) of Regulation (EEC) No 522/77, the compensatory amount for tomato concen­ Having regard to the opinion of the European Parlia­ trates is at present 25 % of the export refund ; ment ( J ), whereas this level is not high enough to safeguard the Whereas by Article 1 of Council Regulation (EEC) No competitive position of the producers of the Commu­ 522/77 of 14 March 1977 laying down special provi­ nity as originally constituted on the markets of the sions applicable to trade in tomato concentrates and new Member States ; whereas the level should there­ peeled tomatoes between the Community as originally fore be amended , constituted and the new Member States (2) the levying in intra-Community trade by the Member States of the Community as originally constituted of compensa­ HAS ADOPTED THIS REGULATION : tory amounts on imports of tomato concentrates from the new Member States is provided for only in respect of products of Community origin ; whereas this levy Article 1 does not therefore apply to products originating in non-member countries in free circulation in the new Member States ; Article 1 of Regulation (EEC) No 522/77 shall be replaced by the following : Whereas Article 3 of Council Regulation ( EEC) No 516/77 of 14 March 1977 on the common organiza­ Article 1 tion of the market in products processed from fruit and vegetables (3) provides for the fixing of a In order to offset price differences existing in trade minimum import price for tomato concentrates ; between the new Member States and the Commu­ whereas that Article also provides for the fixing of a nity as originally constituted or third countries , a special minimum price for imports of these products system of compensatory amounts as set out in the into the new Member States until 31 December 1977 ; following Articles shall be applied in respect of tomato concentrates and peeled tomatoes falling Whereas, having regard to the difference between within subheading ex 20.02 C of the Common these two prices, large quantities of tomato concen­ Customs Tariff during the period in which an trates originating in non-member countries have over export refund is granted pursuant to Article 6 of recent months been dispatched by the new Member Regulation ( EEC) No 516/77.' States to the Community as originally constituted ; whereas such a practice could jeopardize the smooth Article 2 (') Opinion delivered on 8 July 1977 (not yet published in the Official Journal). (2 ) OJ No L 73 , 21 . 3 . 1977, p. 31 . Article 2 of Regulation ( EEC) No 522/77 shall be (3 ) OJ No L 73 , 21 . 3 . 1977, p. 1 . replaced by the following :

No L 183 / 2 Official Journal of the European Communities 22. 7 . 77

'Article 2 — grant compensatory amounts on exports to the new Member States.' 1 . The Member States of the Community as originally constituted shall , for tomato concen­ trates : Article 3 — levy compensatory amounts on imports from Article 4 ( 1 ) of Regulation (EEC) No 522/77 shall be the new Member States of products originating replaced by the following : in the Community or in non-member coun­ tries, ' 1 . The compensatory amount for tomato concentrates shall be 40 % of the export refund — grant compensatory amounts on exports to the referred to in Article 1 . The compensatory amount new Member States of products originating in shall cease to be applicable on 1 January 1978 .' the Community.

2. The Member States of the Community as Article 4 originally constituted shall , for peeled tomatoes originating in the Community : This Regulation shall enter into force on the third day — levy compensatory amounts on imports from following its publication in the Official Journal of the new Member States, the European Communities.

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

Done at Brussels, 18 July 1977.

For the Council

The President

A. HUMBLET