31977R1826

9 . 8 . 77 Official Journal of the European Communities No L 202/ 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EEC) No 1826/77 of 5 August 1977 amending Regulation (EEC) No 1599/75 on the arrangements applicable to agri­ cultural products and certain goods resulting from the processing of agricul­ tural products originating in the African , Caribbean and Pacific States or in the overseas countries and territories

THE COUNCIL OF THE EUROPEAN tion laid down in Article 9 of that Regulation whereby COMMUNITIES, the cif price, at the time of exportation from the ACP States or overseas countries and territories increased Having regard to the Treaty establishing the European by the reduced levy, must be equal to or more than Economic Community, and in particular Articles 43 the threshold price, adjusted if necessary for the and 113 thereof, product in question, reduced by a certain amount ; Having regard to the proposal from the Commission, whereas the effect is that imports are subject to Having regard to the opinion of the European Parlia­ normal competition irrespective of the importing ment (*), Member State, notwithstanding the application of accession compensatory amounts ; Whereas Council Regulation (EEC) No 1599/75 of 24 June 1975 on the arrangements applicable to agricul­ Whereas the arrangements resulting from the afore­ tural products and certain goods resulting from the mentioned Regulation should therefore be amended processing of agricultural products originating in the retroactively so that the importers concerned by the African , Caribbean and Pacific States or in the over­ measures taken can obtain the cancellation of the seas countries and territories (2), as last amended by effects thereof, Regulation (EEC) No 405/76 (3), provides in particular for the reduction of import levies on certain agricul­ HAS ADOPTED THIS REGULATION : tural products ; Whereas some of these products are subject to the Article 1 system of accession compensatory amounts in trade between the Community as originally constituted and The provisions of the second subparagraph of Article 22 ( 1 ) of Regulation (EEC) No 1599/75, in force the new Member States ; whereas the application of such amounts to products benefiting from the arrange­ during the period 1 July to 31 December 1975, shall, ments provided for in Regulation (EEC) No 1599/75 at the request of those concerned, not apply to the is as a rule likely to lead to deflection of trade ; products listed in Article 8 of that Regulation . whereas Article 22 of that Regulation consequently Article 2 provided for measures to prevent such deflection ; Whereas, however, no risk of trade deflection can exist This Regulation shall enter into force on the third day for the products listed in Article 8 of Regulation following its publication in the Official Journal of (EEC) No 1599/75 ; whereas this is due to the obliga­ the European Communities.

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

Done at Brussels, 5 August 1977. For the Council The President , H. SIMONET

(•) OJ No C 163, 11 . 7. 1977, p. 65. (*) OJ No L 166, 28 . 6. 1975, p. 67. (3) OJ No L 50, 26. 2. 1976, p. 1 .