31975R2758

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( 1 ) OJ NO L 73 , 27 . 3 . 1972 , P . 5 .

( 2 ) OJ NO L 73 , 27 . 3 . 1972 , P . 14 .

( 3 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .

( 4 ) OJ NO 174 , 31 . 7 . 1967 , P . 1 .

( 5 ) OJ NO L 72 , 20 . 3 . 1975 , P . 18 .

( 6 ) OJ NO L 27 , 1 . 2 . 1973 , P . 8 .

( 7 ) OJ NO L 120 , 1 . 5 . 1974 , P . 10 .

REGULATION ( EEC ) NO 2758/75 OF THE COUNCIL OF 29 OCTOBER 1975 LAYING DOWN GENERAL RULES CONCERNING THE COMPONENTS DESIGNED TO ENSURE , WITHIN THE CEREALS AND RICE SECTORS , THE PROTECTION OF THE PROCESSING INDUSTRY , AND FIXING THOSE COMPONENTS IN RESPECT OF THE NEW MEMBER STATES

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO THE TREATY ( 1 ) CONCERNING THE ACCESSION OF NEW MEMBER STATES TO THE EUROPEAN ECONOMIC COMMUNITY AND TO THE EUROPEAN ATOMIC ENERGY COMMUNITY , SIGNED ON 22 JANUARY 1972 , AND IN PARTICULAR ARTICLE 61 ( 2 ) OF THE ACT ( 2 ) , ANNEXED THERETO ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

WHEREAS ARTICLE 61 ( 2 ) OF THE SAID ACT PROVIDES THAT THE AMOUNT OF THE COMPONENT FOR THE PROTECTION OF THE PROCESSING INDUSTRY IN THE NEW MEMBER STATES IS TO BE DETERMINED IN RESPECT OF PRODUCTS COVERED BY COUNCIL REGULATION ( EEC ) NO 2727/75 ( 3 ) OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS , AND COUNCIL REGULATION NO 359/67/EEC ( 4 ) OF 25 JULY 1967 ON THE COMMON ORGANIZATION OF THE MARKET IN RICE , AS LAST AMENDED BY REGULATION ( EEC ) NO 668/75 ( 5 ) , BY SEPARATING OUT , FROM THE TOTAL CHARGE ON IMPORTS FROM THIRD COUNTRIES APPLIED BY THE NEW MEMBER STATES ON 1 JANUARY 1972 , THE COMPONENT OR COMPONENTS DESIGNED TO ENSURE THE PROTECTION OF THEIR PROCESSING INDUSTRY ;

WHEREAS , IN ORDER TO OBTAIN A COMPLETE TABLE OF THE COMPONENTS DESIGNED TO ENSURE THE PROTECTION OF THE PROCESSING INDUSTRY WITHIN THE ENLARGED COMMUNITY , THE COMPONENTS FOR THE PROTECTION OF INDUSTRY IN THE COMMUNITY AS ORIGINALLY CONSTITUTED SHOULD BE REPRINTED ALONGSIDE THE COMPONENTS APPLICABLE BY THE NEW MEMBER STATES ;

WHEREAS ACCOUNT MUST BE TAKEN OF THE MORE FAVOURABLE CONDITIONS ENJOYED BY CERTAIN THIRD COUNTRIES IN THEIR TRADE WITH THE NEW MEMBER STATES WITHIN THE FRAMEWORK OF THE SYSTEM OF PREFERENCES ;

WHEREAS IT IS NECESSARY TO DETERMINE THOSE PRODUCTS FOR WHICH NO FIXED COMPONENT SHALL BE PAYABLE , PURSUANT TO THE AGREEMENT REFERRED TO IN ARTICLE 64 OF THE ACT , IN TRADE BETWEEN IRELAND AND THE UNITED KINGDOM ;

WHEREAS THE COMPONENT FOR THE PROTECTION OF THE PROCESSING INDUSTRY OF A NEW MEMBER STATE MAY TAKE A DIFFERENT FORM FROM THE COMPONENT APPLIED IN THE COMMUNITY AS ORIGINALLY CONSTITUTED ; WHEREAS THE CHANGE NECESSARY IN THE FORM OF PROTECTION DURING THE PERIOD OF ALIGNMENT SHOULD BE EFFECTED IN THE BEST POSSIBLE CONDITIONS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . THE COMPONENTS MENTIONED IN ARTICLE 61 OF THE ACT WHICH ARE DESIGNED TO ENSURE THE PROTECTION OF THE PROCESSING INDUSTRY AND ARE HEREINAFTER REFERRED TO AS " FIXED COMPONENTS " LEVIED IN RESPECT OF PRODUCTS COVERED BY REGULATION ( EEC ) NO 2727/75 AND REGULATION NO 359/67/EEC ON IMPORTS FROM THE NEW MEMBER STATES INTO THE COMMUNITY AS ORIGINALLY CONSTITUTED AND ON IMPORTS FROM THE OTHER MEMBER STATES INTO EACH NEW MEMBER STATE , OR WHICH REPLACE FOR THE NEW MEMBER STATES THE COMMUNITY PROTECTIVE COMPONENT OF THE CHARGE ON IMPORTS FROM THIRD COUNTRIES ARE FIXED OR REPRINTED , AS THE CASE MAY BE , IN ANNEX I .

2 . WITHOUT PREJUDICE TO THE APPLICATION OF ARTICLE 59 ( 4 ) OF THE ACT , THE FIXED COMPONENTS PROVIDED FOR IN PARAGRAPH 1 ABOVE SHALL BE APPLICABLE UNTIL 31 JULY 1973 IN RESPECT OF PRODUCTS COVERED BY REGULATION ( EEC ) NO 2727/75 AND UNTIL 31 AUGUST 1973 IN RESPECT OF PRODUCTS COVERED BY REGULATION NO 359/67/EEC .

3 . FOR SUBSEQUENT MARKETING YEARS :

- AS REGARDS IMPORTS INTO THE NEW MEMBER STATES FROM THIRD COUNTRIES , THE FORMER SHALL DETERMINE THE FIXED COMPONENTS PROVIDED FOR IN PARAGRAPH 1 ABOVE , ADJUSTED IN ACCORDANCE WITH ARTICLE 59 ( 2 ) OF THE ACT , ACCOUNT BEING TAKEN , WHERE APPROPRIATE , OF ARTICLE 4 OF THIS REGULATION .

IF THE COMMUNITY FIXED COMPONENT IS ALTERED OR SUSPENDED , THE NEW MEMBER STATES SHALL SIMULTANEOUSLY ALTER OR SUSPEND THE BASIC FIXED COMPONENT APPLICABLE TO IMPORTS FROM THIRD COUNTRIES TO THE EXTENT ENVISAGED UNDER ARTICLE 59 ( 2 ) OF THE ACT ,

- AS REGARDS TRADE WITHIN THE COMMUNITY , THE COMMISSION SHALL DETERMINE THE FIXED COMPONENTS PROVIDED FOR IN PARAGRAPH 1 ABOVE , ADJUSTED IN ACCORDANCE WITH ARTICLE 59 ( 1 ) OF THE ACT , ACCOUNT BEING TAKEN , WHERE NECESSARY , OF ANY AUTHORIZATIONS GRANTED UNDER ARTICLE 59 ( 4 ) OF THAT ACT .

ARTICLE 2

NOTWITHSTANDING ARTICLE 1 ( 1 ) , THOSE NEW MEMBER STATES WHICH , UNDER PREFERENTIAL AGREEMENTS , APPLIED BEFORE THEIR ACCESSION MORE FAVOURABLE ARRANGEMENTS TO IMPORTS FROM THE THIRD COUNTRIES WITH WHICH THOSE AGREEMENTS WERE CONCLUDED SHALL , IN ACCORDANCE WITH ARTICLE 59 ( 2 ) OF THE ACT , ACCOUNT BEING TAKEN OF ARTICLE 4 OF THIS REGULATION , ADJUST THE REDUCED FIXED COMPONENTS APPLICABLE TO THOSE THIRD COUNTRIES , THE COMPONENTS IN FORCE ON 1 JANUARY 1972 BEING CONSIDERED AS BASIC DUTIES .

ARTICLE 3

NO FIXED COMPONENT SHALL BE LEVIED :

( A ) ON IMPORTATION INTO THE UNITED KINGDOM OF THE PRODUCTS REFERRED TO IN ARTICLE 1 ( 2 ) , COMING FROM AND ORIGINATING IN IRELAND ;

( B ) ON THE IMPORTATION INTO IRELAND OF MALT AND PRODUCTS FALLING WITHIN SUBHEADING 23.07 EX B OF THE COMMON CUSTOMS TARIFF , DESIGNATED AS " BALANCER MEALS , MINERAL MIXTURES AND CONCENTRATES " , COMING FROM AND ORIGINATING IN THE UNITED KINGDOM ;

( C ) IN TRADE BETWEEN THE UNITED KINGDOM AND DENMARK IN MALT , WHETHER ROASTED OR NOT , FALLING WITHIN HEADING NO 11.07 OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN THOSE MEMBER STATES .

ARTICLE 4

WHERE IN A NEW MEMBER STATE THE FIXED COMPONENT IS AD VALOREM , IT SHALL BE ALIGNED ON THE SPECIFIC FIXED COMPONENT APPLIED IN THE COMMUNITY AS ORIGINALLY CONSTITUTED , IN ACCORDANCE WITH THE FOLLOWING PROVISIONS :

- IN THE FIRST STAGE , THE NEW MEMBER STATE SHALL APPLY AS THE FIXED COMPONENT :

( A ) A SPECIFIC AMOUNT EQUAL TO ONE-FIFTH OF THE COMMUNITY FIXED COMPONENT ;

( B ) AN AD VALOREM AMOUNT EQUAL TO THE ORIGINAL AD VALOREM AMOUNT WHICH WAS APPLIED IN THAT MEMBER STATE ON 1 FEBRUARY 1973 REDUCED BY ONE-FIFTH ;

- AT EACH SUBSEQUENT STAGE THE SPECIFIC AMOUNT SHALL BE INCREASED BY ONE-FIFTH OF THE COMMUNITY FIXED COMPONENT AND THE AD VALOREM AMOUNT SHALL BE REDUCED BY ONE-FIFTH OF THE ORIGINAL AD VALOREM COMPONENT ;

- IF THE COMMUNITY COMPONENT IS ALTERED , THE INCREASE OR REDUCTION OF THE SPECIFIC AMOUNT PROVIDED FOR IN ( A ) SHALL BE SO CALCULATED AS TO REMAIN CONSTANT AT EACH SUBSEQUENT STAGE .

ARTICLE 5

DETAILED RULES FOR THE APPLICATION OF THIS REGULATION SHALL BE ADOPTED , AS AND WHEN NECESSARY , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 26 OF REGULATION ( EEC ) NO 2727/75 AND REGULATION NO 359/67/EEC .

ARTICLE 6

1 . COUNCIL REGULATION ( EEC ) NO 224/73 ( 6 ) OF 31 JANUARY 1973 LAYING DOWN GENERAL RULES CONCERNING THE COMPONENTS DESIGNED TO ENSURE , WITHIN THE CEREALS AND RICE SECTORS , THE PROTECTION OF THE PROCESSING INDUSTRY , AND FIXING THOSE COMPONENTS IN RESPECT OF THE NEW MEMBER STATES , AS AMENDED BY REGULATION ( EEC ) NO 1070/74 ( 7 ) , IS HEREBY REPEALED .

2 . REFERENCES TO THE REGULATION REPEALED BY PARAGRAPH 1 SHALL BE CONSTRUED AS REFERENCES TO THIS REGULATION .

A TABLE IS PROVIDED IN ANNEX II FOR THE PURPOSE OF CORRELATING CITATIONS OF AND REFERENCES TO ARTICLES OF THAT REGULATION WITH THOSE OF THIS REGULATION .

ARTICLE 7

THIS REGULATION SHALL ENTER INTO FORCE ON 1 NOVEMBER 1975 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT LUXEMBOURG , 29 OCTOBER 1975 .

FOR THE COUNCIL

THE PRESIDENT

G . MARCORA