Regulation (EEC) No 1961/75 of the Council of 28 July 1975 on the prohibition of the use of inward processing arrangements in respect of skimmed-milk powder

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( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .

( 2 ) OJ NO L 74 , 22 . 3 . 1975 , P . 1 .

( 3 ) OJ NO L 58 , 8 . 3 . 1969 , P . 1 .

( 4 ) OJ NO L 151 , 5 . 7 . 1972 , P . 16 .

REGULATION ( EEC ) NO 1961/75 OF THE COUNCIL OF 28 JULY 1975 ON THE PROHIBITION OF THE USE OF INWARD PROCESSING ARRANGEMENTS IN RESPECT OF SKIMMED-MILK POWDER

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 804/68 ( 1 ) OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS , AS LAST AMENDED BY REGULATION ( EEC ) NO 740/75 ( 2 ) , AND IN PARTICULAR ARTICLE 18 ( 1 ) THEREOF ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

WHEREAS , PURSUANT TO ARTICLE 18 ( 1 ) OF REGULATION ( EEC ) NO 804/68 , THE USE OF INWARD PROCESSING ARRANGEMENTS MAY , TO THE EXTENT NECESSARY FOR THE PROPER WORKING OF THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS , IN SPECIAL CASES BE PROHIBITED IN WHOLE OR IN PART IN RESPECT OF THE PRODUCTS REFERRED TO IN ARTICLE 1 OF THAT REGULATION WHICH ARE INTENDED FOR THE MANUFACTURE OF PRODUCTS REFERRED TO IN THE LATER ARTICLE OR OF THE GOODS REFERRED TO IN THE ANNEX TO THAT REGULATION ; WHEREAS DIRECTIVE NO 69/73/EEC ( 3 ) , AS LAST AMENDED BY DIRECTIVE NO 72/242/EEC ( 4 ) , PROVIDES FOR THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATIONS OR ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING ;

WHEREAS , THE PRESENT COMMUNITY SITUATION IS MARKED BY THE EXISTENCE OF SURPLUSES OF SKIMMED-MILK POWDER ; WHEREAS ONLY A LIMITED NUMBER OF OUTLETS IS AVAILABLE ON THE WORLD MARKET AND OPPORTUNITIES FOR THE EXPORT OF THIS PRODUCT ARE CONSEQUENTLY REDUCED ; WHEREAS IT IS , THEREFORE , NECESSARY TO RESTRICT TO COMMUNITY PRODUCTION ALL AVAILABLE CAPACITY TO ABSORB SURPLUSES ;

WHEREAS , HOWEVER , CERTAIN OUTLETS ON THE WORLD MARKET EXIST FOR SKIMMED-MILK POWDER BOTH EXPORTED IN THE FORM OF PRODUCTS NOT COVERED BY ANNEX II OF THE TREATY AND INCORPORATED WITH THE PRODUCTS LISTED IN ARTICLE I OF REGULATION ( EEC ) NO 804/68 ; WHEREAS , FOR THE MANUFACTURE OF THE AFORESAID PRODUCTS , THE COMMUNITY PROCESSING INDUSTRIES HAVE OBTAINED PRODUCTS FROM THIRD COUNTRIES WHICH ARE THEN PROCESSED UNDER THE INWARD PROCESSING ARRANGEMENTS ;

WHEREAS THE COMMUNITY SURPLUS SITUATION ENABLES COMMUNITY SKIMMED-MILK POWDER TO BE MADE AVAILABLE TO THE INDUSTRIES CONCERNED ; WHEREAS , THEREFORE , THE USE OF SKIMMED-MILK POWDER FROM THIRD COUNTRIES IS UNNECESSARY AND IS LIKELY TO DISTURB THE PROPER WORKING OF THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ; WHEREAS , THEREFORE , IT IS ADVISABLE TO PROHIBIT TEMPORARILY THE USE OF INWARD PROCESSING ARRANGEMENTS IN RESPECT OF SKIMMED-MILK POWDER ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE USE OF INWARD PROCESSING ARRANGEMENTS SHALL BE PROHIBITED IN RESPECT OF PRODUCTS FALLING UNDER SUBHEADING 04.02 A II B ) 1 OF THE COMMON CUSTOMS TARIFF WHEN THEY ARE INTENDED FOR THE MANUFACTURE OF PRODUCTS REFERRED TO IN ARTICLE 1 OF REGULATION ( EEC ) NO 804/68 OR OF GOODS LISTED IN THE ANNEX TO THAT REGULATION .

ARTICLE 2

1 . ARTICLE 1 SHALL NOT APPLY TO IMPORTS MADE UNDER INWARD PROCESSING ARRANGEMENTS DURING A PERIOD OF 30 DAYS FROM THE DATE OF ENTRY INTO FORCE OF THIS REGULATION , PURSUANT TO AUTHORIZATIONS VALID AT THAT DATE .

2 . MEMBER STATES SHALL INFORM THE COMMISSION OF THE AUTHORIZATIONS ISSUED .

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL APPLY FROM 1 AUGUST 1975 UNTIL 31 MARCH 1977 .

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

DONE AT ATHENS , 28 JULY 1975 .

FOR THE COUNCIL

THE PRESIDENT

M . RUMOR