Regulation (EEC) No 226/73 of the Council of 31 January 1973 laying down general rules for imports of New Zealand butter and cheese into the United Kingdom
226/73 • 31973R0226
Legal Acts - Regulations
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Regulation (EEC) No 226/73 of the Council of 31 January 1973 laying down general rules for imports of New Zealand butter and cheese into the United Kingdom Official Journal L 027 , 01/02/1973 P. 0017 - 0018 Greek special edition: Chapter 03 Volume 9 P. 0041
++++ REGULATION ( EEC ) NO 226/73 OF THE COUNCIL OF 31 JANUARY 1973 LAYING DOWN GENERAL RULES FOR IMPORTS OF NEW ZEELAND BUTTER AND CHEESE INTO THE UNITED KINGDOM THE COUNCIL OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ; HAVING REGARD TO THE TREATY CONCERNING THE ACCESSION OF NEW MEMBER STATES TO THE EUROPEAN ECONOMIC COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY ( 1 ) , SIGNED AT BRUSSELS ON 22 JANUARY 1972 , AND IN PARTICULAR ARTICLE 3 OF PROTOCOL NO 18 ( 2 ) ANNEXED TO THE ACT WHICH IS ANNEXED TO THE SAID TREATY ; HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ; WHEREAS THE SAID PROTOCOL NO 18 ( HEREINAFTER CALLED " THE PROTOCOL " ) PROVIDES THAT THE UNITED KINGDOM IS AUTHORIZED TO IMPORT FROM NEW ZEALAND CERTAIN QUANTITIES OF BUTTER AND CHEESE ON SPECIAL TERMS ; WHEREAS SUCH SPECIAL IMPORT TERMS CONSIST IN PARTICULAR OF THE NON-APPLICATION OF COMPENSATORY AMOUNTS IN TRADE BETWEEN THE UNITED KINGDOM AND NEW ZEALAND AND OF THE INTRODUCTION OF SPECIAL LEVIES APPLICABLE TO SUCH IMPORTS FOR WHICH THE OBSERVANCE OF A MINIMUM PRICE MUST BE GUARANTEED AT THE CIF STAGE BY NEW ZEALAND ; WHEREAS THIS MINIMUM PRICE TO BE OBSERVED AT THE CIF STAGE IS FIXED , PURSUANT TO ARTICLE 1 ( 3 ) OF THE PROTOCOL , AT A LEVEL WHICH ENABLES NEW ZEALAND TO REALISE A PRICE REPRESENTING THE AVERAGE PRICE OBTAINED BY THAT COUNTRY ON THE UNITED KINGDOM MARKET FROM 1969 TO 1972 ; WHEREAS THE AMOUNTS OF THE SPECIAL LEVIES MAY , ON THE BASIS OF THE CRITERIA GIVEN IN ARTICLE 2 ( 2 ) OF THE PROTOCOL , BE FIXED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 30 OF COUNCIL REGULATION ( EEC ) NO 804/68 ( 3 ) OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS , AS LAST AMENDED BY REGULATION ( EEC ) NO 1411/71 ( 4 ) ; WHEREAS , HOWEVER , THOSE CRITERIA SHOULD BE CLARIFIED ; HAS ADOPTED THIS REGULATION : ARTICLE 1 THIS REGULATION GOVERNS IMPORTS INTO THE UNITED KINGDOM OF BUTTER AND CHEESE FROM NEW ZEALAND TO WHICH THE SPECIAL IMPORT TERMS PROVIDED FOR IN THE PROTOCOL ARE TO APPLY . ARTICLE 2 THE SPECIAL TERMS REFERRED TO IN ARTICLE 1 SHALL APPLY ONLY TO GOODS IN RESPECT OF WHICH IT IS PROVIDED THAT THEY ARE OF NEW ZEALAND ORIGIN AND THAT THE MINIMUM PRICE LAID DOWN IN ARTICLE 3 IS OBSERVED . ARTICLE 3 THE MINIMUM IMPORT PRICE TO BE OBSERVED AT THE CIF STAGE PURSUANT TO ARTICLE 1 ( 3 ) OF THE PROTOCOL SHALL BE : ( A ) FOR BUTTER : 76,96 U.A./100 KG , ( B ) FOR CHEESE : 66,45 U.A./100 KG . ARTICLE 4 1 . THE SPECIAL LEVIES PROVIDED FOR IN ARTICLE 2 OF THE PROTOCOL SHALL BE FIXED ON THE BASIS OF THE DIFFERENCE BETWEEN : - THE MARKET PRICE AT WHICH THE ANNUAL QUANTITIES SPECIFIED IN ARTICLE 1 ( 2 ) OF THE PROTOCOL CAN ACTUALLY BE SOLD ; AND - THE CIF PRICE FIXED IN ARTICLE 3 , PLUS COSTS INCURRED BETWEEN THE CIF AND FIRST-SALE STAGES . 2 . TO ENABLE THE ANNUAL QUANTITIES SPECIFIED IN ARTICLE 1 ( 2 ) OF THE PROTOCOL ACTUALLY TO BE SOLD THE SPECIAL LEVIES : - SHALL BE FIXED AT A LEVEL SUCH THAT THE BUTTER AND CHEESE IN QUESTION CAN BE SOLD AT A CONSISTENT RATE ; - SHALL AS FAR AS POSSIBLE BE KEPT AT A UNIFORM LEVEL TO ENSURE THE STABILITY OF THE MARKET ; - MAY NEVERTHELESS BE ALTERED AND SHALL BE ADJUSTED IN PARTICULAR WHERE THIS IS NECESSARY TO PERMIT THE CONSISTENT SALES OF THE ANNUAL QUANTITIES SPECIFIED IN ARTICLE 1 ( 2 ) OF THE PROTOCOL . HOWEVER , TO AVOID DISRUPTING THE SALE OF COMMUNITY BUTTER AND CHEESE , THE SPECIAL LEVIES SHALL NOT BE LOWER THAN THE LEVEL NECESSARY TO PERMIT THE ANNUAL QUANTITIES SPECIFIED IN ARTICLE 1 ( 2 ) OF THE PROTOCOL ACTUALLY TO BE SOLD . ARTICLE 5 THE SPECIAL LEVY TO BE CHARGED SHALL BE THAT RULING ON THE DAY OF IMPORTATION INTO THE UNITED KINGDOM . ARTICLE 6 THE UNITED KINGDOM SHALL COMMUNICATE ALL INFORMATION NECESSARY FOR THE APPLICATION OF THIS REGULATION TO THE COMMISSION , WHICH SHALL INFORM THE OTHER MEMBER STATES THEREOF . ARTICLE 7 THE COMMISSION SHALL SUBMIT TO THE COUNCIL BEFORE 1 APRIL EACH YEAR AND FOR THE FIRST TIME BEFORE 1 APRIL 1974 A REPORT ON THE MANNER IN WHICH THE PROVISIONS OF THE PROTOCOL HAVE BEEN APPLIED . ARTICLE 8 DETAILED RULES FOR THE APPLICATION OF THIS REGULATION , AND IN PARTICULAR THE AMOUNTS OF THE SPECIAL LEVIES AND THE APPROPRIATE MEASURES FOR ENSURING THAT IN ACCORDANCE WITH ARTICLE 1 ( 4 ) OF THE PROTOCOL GOODS IMPORTED INTO THE UNITED KINGDOM ARE NOT RESOLD WITHIN THE COMMUNITY OR RE-EXPORTED TO THIRD COUNTRIES , SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 30 OF REGULATION ( EEC ) NO 804/68 . ARTICLE 9 THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 31 JANUARY 1973 . FOR THE COUNCIL THE PRESIDENT A . LAVENS ( 1 ) OJ NO L 73 , 27 . 3 . 1972 , P . 5 . ( 2 ) OJ NO L 73 , 27 . 3 . 1972 , P . 173 . ( 3 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 . ( 4 ) OJ NO L 148 , 3 . 7 . 1971 , P . 4 .
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REGULATION ( EEC ) NO 226/73 OF THE COUNCIL
OF 31 JANUARY 1973
LAYING DOWN GENERAL RULES FOR IMPORTS OF NEW ZEELAND BUTTER AND CHEESE INTO THE UNITED KINGDOM
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;
HAVING REGARD TO THE TREATY CONCERNING THE ACCESSION OF NEW MEMBER STATES TO THE EUROPEAN ECONOMIC COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY ( 1 ) , SIGNED AT BRUSSELS ON 22 JANUARY 1972 , AND IN PARTICULAR ARTICLE 3 OF PROTOCOL NO 18 ( 2 ) ANNEXED TO THE ACT WHICH IS ANNEXED TO THE SAID TREATY ;
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;
WHEREAS THE SAID PROTOCOL NO 18 ( HEREINAFTER CALLED " THE PROTOCOL " ) PROVIDES THAT THE UNITED KINGDOM IS AUTHORIZED TO IMPORT FROM NEW ZEALAND CERTAIN QUANTITIES OF BUTTER AND CHEESE ON SPECIAL TERMS ; WHEREAS SUCH SPECIAL IMPORT TERMS CONSIST IN PARTICULAR OF THE NON-APPLICATION OF COMPENSATORY AMOUNTS IN TRADE BETWEEN THE UNITED KINGDOM AND NEW ZEALAND AND OF THE INTRODUCTION OF SPECIAL LEVIES APPLICABLE TO SUCH IMPORTS FOR WHICH THE OBSERVANCE OF A MINIMUM PRICE MUST BE GUARANTEED AT THE CIF STAGE BY NEW ZEALAND ;
WHEREAS THIS MINIMUM PRICE TO BE OBSERVED AT THE CIF STAGE IS FIXED , PURSUANT TO ARTICLE 1 ( 3 ) OF THE PROTOCOL , AT A LEVEL WHICH ENABLES NEW ZEALAND TO REALISE A PRICE REPRESENTING THE AVERAGE PRICE OBTAINED BY THAT COUNTRY ON THE UNITED KINGDOM MARKET FROM 1969 TO 1972 ;
WHEREAS THE AMOUNTS OF THE SPECIAL LEVIES MAY , ON THE BASIS OF THE CRITERIA GIVEN IN ARTICLE 2 ( 2 ) OF THE PROTOCOL , BE FIXED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 30 OF COUNCIL REGULATION ( EEC ) NO 804/68 ( 3 ) OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS , AS LAST AMENDED BY REGULATION ( EEC ) NO 1411/71 ( 4 ) ; WHEREAS , HOWEVER , THOSE CRITERIA SHOULD BE CLARIFIED ;
HAS ADOPTED THIS REGULATION :
ARTICLE 1
THIS REGULATION GOVERNS IMPORTS INTO THE UNITED KINGDOM OF BUTTER AND CHEESE FROM NEW ZEALAND TO WHICH THE SPECIAL IMPORT TERMS PROVIDED FOR IN THE PROTOCOL ARE TO APPLY .
ARTICLE 2
THE SPECIAL TERMS REFERRED TO IN ARTICLE 1 SHALL APPLY ONLY TO GOODS IN RESPECT OF WHICH IT IS PROVIDED THAT THEY ARE OF NEW ZEALAND ORIGIN AND THAT THE MINIMUM PRICE LAID DOWN IN ARTICLE 3 IS OBSERVED .
ARTICLE 3
THE MINIMUM IMPORT PRICE TO BE OBSERVED AT THE CIF STAGE PURSUANT TO ARTICLE 1 ( 3 ) OF THE PROTOCOL SHALL BE :
( A ) FOR BUTTER : 76,96 U.A./100 KG ,
( B ) FOR CHEESE : 66,45 U.A./100 KG .
ARTICLE 4
1 . THE SPECIAL LEVIES PROVIDED FOR IN ARTICLE 2 OF THE PROTOCOL SHALL BE FIXED ON THE BASIS OF THE DIFFERENCE BETWEEN :
- THE MARKET PRICE AT WHICH THE ANNUAL QUANTITIES SPECIFIED IN ARTICLE 1 ( 2 ) OF THE PROTOCOL CAN ACTUALLY BE SOLD ; AND
- THE CIF PRICE FIXED IN ARTICLE 3 , PLUS COSTS INCURRED BETWEEN THE CIF AND FIRST-SALE STAGES .
2 . TO ENABLE THE ANNUAL QUANTITIES SPECIFIED IN ARTICLE 1 ( 2 ) OF THE PROTOCOL ACTUALLY TO BE SOLD THE SPECIAL LEVIES :
- SHALL BE FIXED AT A LEVEL SUCH THAT THE BUTTER AND CHEESE IN QUESTION CAN BE SOLD AT A CONSISTENT RATE ;
- SHALL AS FAR AS POSSIBLE BE KEPT AT A UNIFORM LEVEL TO ENSURE THE STABILITY OF THE MARKET ;
- MAY NEVERTHELESS BE ALTERED AND SHALL BE ADJUSTED IN PARTICULAR WHERE THIS IS NECESSARY TO PERMIT THE CONSISTENT SALES OF THE ANNUAL QUANTITIES SPECIFIED IN ARTICLE 1 ( 2 ) OF THE PROTOCOL .
HOWEVER , TO AVOID DISRUPTING THE SALE OF COMMUNITY BUTTER AND CHEESE , THE SPECIAL LEVIES SHALL NOT BE LOWER THAN THE LEVEL NECESSARY TO PERMIT THE ANNUAL QUANTITIES SPECIFIED IN ARTICLE 1 ( 2 ) OF THE PROTOCOL ACTUALLY TO BE SOLD .
ARTICLE 5
THE SPECIAL LEVY TO BE CHARGED SHALL BE THAT RULING ON THE DAY OF IMPORTATION INTO THE UNITED KINGDOM .
ARTICLE 6
THE UNITED KINGDOM SHALL COMMUNICATE ALL INFORMATION NECESSARY FOR THE APPLICATION OF THIS REGULATION TO THE COMMISSION , WHICH SHALL INFORM THE OTHER MEMBER STATES THEREOF .
ARTICLE 7
THE COMMISSION SHALL SUBMIT TO THE COUNCIL BEFORE 1 APRIL EACH YEAR AND FOR THE FIRST TIME BEFORE 1 APRIL 1974 A REPORT ON THE MANNER IN WHICH THE PROVISIONS OF THE PROTOCOL HAVE BEEN APPLIED .
ARTICLE 8
DETAILED RULES FOR THE APPLICATION OF THIS REGULATION , AND IN PARTICULAR THE AMOUNTS OF THE SPECIAL LEVIES AND THE APPROPRIATE MEASURES FOR ENSURING THAT IN ACCORDANCE WITH ARTICLE 1 ( 4 ) OF THE PROTOCOL GOODS IMPORTED INTO THE UNITED KINGDOM ARE NOT RESOLD WITHIN THE COMMUNITY OR RE-EXPORTED TO THIRD COUNTRIES , SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 30 OF REGULATION ( EEC ) NO 804/68 .
ARTICLE 9
THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS , 31 JANUARY 1973 .
FOR THE COUNCIL
THE PRESIDENT
A . LAVENS
( 1 ) OJ NO L 73 , 27 . 3 . 1972 , P . 5 .
( 2 ) OJ NO L 73 , 27 . 3 . 1972 , P . 173 .
( 3 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .
( 4 ) OJ NO L 148 , 3 . 7 . 1971 , P . 4 .