Avis juridique important

Commission Regulation (EEC) No 440/77 of 1 March 1977 establishing Community surveillance over imports of certain phosphate fertilizers Official Journal L 058 , 03/03/1977 P. 0011 - 0011

++++ COMMISSION REGULATION ( EEC ) NO 440/77 OF 1 MARCH 1977 ESTABLISHING COMMUNITY SURVEILLANCE OVER IMPORTS OF CERTAIN PHOSPHATE FERTILIZERS THE COMMISSION OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1439/74 OF 4 JUNE 1974 ON COMMON RULES FOR IMPORTS ( 1 ) , AND IN PARTICULAR ARTICLE 7 THEREOF , HAVING CONSULTED THE ADVISORY COMMITTEE SET UP UNDER ARTICLE 5 OF THE SAID REGULATION , WHEREAS IMPORTS INTO THE COMMUNITY OF CERTAIN PHOSPHATE FERTILIZERS HAVE INCREASED CONSIDERABLY IN RECENT YEARS ; WHEREAS THIRD COUNTRY EXPORTERS HAVE THUS TAKEN AN INCREASING SHARE OF THE MARKET IN THE COMMUNITY ; WHEREAS THESE DEVELOPMENTS THEREATEN TO CAUSE INJURY TO COMMUNITY PRODUCERS OF LIKE OR DIRECTLY COMPETING PRODUCTS ; WHEREAS FOR THESE REASONS IT IS NECESSARY TO BE ABLE TO FOLLOW THE TREND OF IMPORTS , BOTH OF THOSE ENVISAGED AND OF THOSE ACTUALLY EFFECTED ; WHEREAS IN THIS SITUATION IT IS IN THE INTERESTS OF THE COMMUNITY TO ESTABLISH , BY MEANS OF THE IMPORT DOCUMENT PROVIDED FOR IN ARTICLE 8 OF REGULATION ( EEC ) NO 1439/74 , COMMUNITY SURVEILLANCE OVER THESE IMPORTS ; WHEREAS THE PERIOD WITHIN WHICH SUCH DOCUMENT MAY BE USED SHOULD BE FIXED AT THREE MONTHS , HAS ADOPTED THIS REGULATION : ARTICLE 1 IMPORTATION INTO THE COMMUNITY OF SUPERPHOSPHATES ( NIMEXE CODE 31.03-15 ) AND MONOAMMONIUM AND DIAMMONIUMORTHOPHOSPHATES AND MIXTURES THEREOF ( NIMEXE CODE 31.05-12 ) IS HEREBY MADE SUBJECT TO COMMUNITY SURVEILLANCE IN ACCORDANCE WITH THE PROCEDURES SET OUT IN ARTICLES 8 AND 11 OF REGULATION ( EEC ) NO 1439/74 AND IN THIS REGULATION . ARTICLE 2 THE PRODUCTS SPECIFIED IN ARTICLE 1 MAY BE PUT INTO FREE CIRCULATION ONLY ON PRODUCTION OF AN IMPORT DOCUMENT . THIS DOCUMENT SHALL BE ISSUED OR ENDORSED BY MEMBER STATES AND MAY BE USED FOR A MAXIMUM PERIOD OF THREE MONTHS . ARTICLE 3 THE DECLARATION OR APPLICATION BY THE IMPORTER AS PROVIDED FOR IN ARTICLE 8 OF REGULATION ( EEC ) NO 1439/74 SHALL CONTAIN THE INFORMATION PRESCRIBED IN THE SAID ARTICLE . ARTICLE 4 COLUMN 3 OF ANNEX I TO REGULATION ( EEC ) NO 1439/74 IS HEREBY AMENDED BY THE ADDITION OF A REFERENCE TO SUBHEADINGS 31.03 A I AND 31.05 A II A ) OF THE COMMON CUSTOMS TARIFF . ARTICLE 5 THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . IT SHALL APPLY WITH EFFECT FROM 1 APRIL 1977 AND SHALL EXPIRE ON 31 DECEMBER 1977 . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 1 MARCH 1977 . FOR THE COMMISSION WILHELM HAFERKAMP VICE-PRESIDENT ( 1 ) OJ NO L 159 , 15 . 6 . 1974 , P . 1 .

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COMMISSION REGULATION ( EEC ) NO 440/77

OF 1 MARCH 1977

ESTABLISHING COMMUNITY SURVEILLANCE OVER IMPORTS OF CERTAIN PHOSPHATE FERTILIZERS

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1439/74 OF 4 JUNE 1974 ON COMMON RULES FOR IMPORTS ( 1 ) , AND IN PARTICULAR ARTICLE 7 THEREOF ,

HAVING CONSULTED THE ADVISORY COMMITTEE SET UP UNDER ARTICLE 5 OF THE SAID REGULATION ,

WHEREAS IMPORTS INTO THE COMMUNITY OF CERTAIN PHOSPHATE FERTILIZERS HAVE INCREASED CONSIDERABLY IN RECENT YEARS ;

WHEREAS THIRD COUNTRY EXPORTERS HAVE THUS TAKEN AN INCREASING SHARE OF THE MARKET IN THE COMMUNITY ;

WHEREAS THESE DEVELOPMENTS THEREATEN TO CAUSE INJURY TO COMMUNITY PRODUCERS OF LIKE OR DIRECTLY COMPETING PRODUCTS ;

WHEREAS FOR THESE REASONS IT IS NECESSARY TO BE ABLE TO FOLLOW THE TREND OF IMPORTS , BOTH OF THOSE ENVISAGED AND OF THOSE ACTUALLY EFFECTED ;

WHEREAS IN THIS SITUATION IT IS IN THE INTERESTS OF THE COMMUNITY TO ESTABLISH , BY MEANS OF THE IMPORT DOCUMENT PROVIDED FOR IN ARTICLE 8 OF REGULATION ( EEC ) NO 1439/74 , COMMUNITY SURVEILLANCE OVER THESE IMPORTS ;

WHEREAS THE PERIOD WITHIN WHICH SUCH DOCUMENT MAY BE USED SHOULD BE FIXED AT THREE MONTHS ,

HAS ADOPTED THIS REGULATION :

IMPORTATION INTO THE COMMUNITY OF SUPERPHOSPHATES ( NIMEXE CODE 31.03-15 ) AND MONOAMMONIUM AND DIAMMONIUMORTHOPHOSPHATES AND MIXTURES THEREOF ( NIMEXE CODE 31.05-12 ) IS HEREBY MADE SUBJECT TO COMMUNITY SURVEILLANCE IN ACCORDANCE WITH THE PROCEDURES SET OUT IN ARTICLES 8 AND 11 OF REGULATION ( EEC ) NO 1439/74 AND IN THIS REGULATION .

THE PRODUCTS SPECIFIED IN ARTICLE 1 MAY BE PUT INTO FREE CIRCULATION ONLY ON PRODUCTION OF AN IMPORT DOCUMENT . THIS DOCUMENT SHALL BE ISSUED OR ENDORSED BY MEMBER STATES AND MAY BE USED FOR A MAXIMUM PERIOD OF THREE MONTHS .

ARTICLE 3

THE DECLARATION OR APPLICATION BY THE IMPORTER AS PROVIDED FOR IN ARTICLE 8 OF REGULATION ( EEC ) NO 1439/74 SHALL CONTAIN THE INFORMATION PRESCRIBED IN THE SAID ARTICLE .

ARTICLE 4

COLUMN 3 OF ANNEX I TO REGULATION ( EEC ) NO 1439/74 IS HEREBY AMENDED BY THE ADDITION OF A REFERENCE TO SUBHEADINGS 31.03 A I AND 31.05 A II A ) OF THE COMMON CUSTOMS TARIFF .

ARTICLE 5

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . IT SHALL APPLY WITH EFFECT FROM 1 APRIL 1977 AND SHALL EXPIRE ON 31 DECEMBER 1977 .

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

DONE AT BRUSSELS , 1 MARCH 1977 .

FOR THE COMMISSION

WILHELM HAFERKAMP

VICE-PRESIDENT

( 1 ) OJ NO L 159 , 15 . 6 . 1974 , P . 1 .