Regulation (EEC) No 727/70 of the Council of 21 April 1970 on the common organisation of the market in raw tobacco

• Published date: 28 April 1970
• Official Gazette Publication: Journal officiel des Communautés européennes, L 94, 28 avril 1970,Official Journal#of the#European Communities#I#1970(I)

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Regulation (EEC) No 727/70 of the Council of 21 April 1970 on the common organisation of the market in raw tobacco

Official Journal L 094 , 28/04/1970 P. 0001 - 0008
Danish special edition: Series I Chapter 1970(I) P. 0186
English special edition: Series I Chapter 1970(I) P. 0206
Greek special edition: Chapter 03 Volume 5 P. 0085
Spanish special edition: Chapter 03 Volume 3 P. 0212
Portuguese special edition Chapter 03 Volume 3 P. 0212

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REGULATION ( EEC ) NO 272/70 OF THE COUNCIL

OF 21 APRIL 1970

ON THE COMMON ORGANISATION OF THE MARKET IN RAW TOBACCO

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 42 AND 43 THEREOF ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ;

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ;

WHEREAS THE OPERATION AND DEVELOPMENT OF THE COMMON MARKET MUST BE ACCOMPANIED BY THE ESTABLISHMENT OF A COMMON AGRICULTURAL POLICY , TO INCLUDE IN PARTICULAR A COMMON ORGANISATION OF MARKETS WHICH MAY TAKE VARIOUS FORMS DEPENDING ON THE PRODUCT ;

WHEREAS COMMUNITY PRODUCTION OF RAW TOBACCO IS OF EXCEPTIONAL IMPORTANCE TO THE ECONOMY OF CERTAIN REGIONS OF THE COMMUNITY ; WHEREAS , FOR CERTAIN PRODUCERS IN THOSE REGIONS THAT PRODUCTION REPRESENTS A MAJOR PART OF THEIR INCOME ;

WHEREAS , IN RESPECT OF ABOUT 90 % OF COMMUNITY PRODUCTION , PRODUCERS AT PRESENT RECEIVE , WITHIN THE FRAMEWORK OF NATIONAL MARKETING ARRANGEMENTS , A GUARANTEE THAT THEIR CROP WILL FETCH PRICES WHICH SHOULD ENSURE THEM A FAIR INCOME ;

WHEREAS APPLICATION OF THE COMMON CUSTOMS TARIFF TO IMPORTS FROM THIRD COUNTRIES CANNOT , IN RESPECT OF THE GREATER PART OF COMMUNITY PRODUCTION , FILL THE GAP BETWEEN THE COST PRICE OF THAT PRODUCTION AND PRICES RULING ON THE WORLD MARKET ;

WHEREAS IT IS THEREFORE APPROPRIATE TO INTRODUCE COMMON PROVISIONS OF SUCH A KIND AS WILL PROVIDE COMMUNITY PRODUCERS WITH GUARANTEES EQUIVALENT , AS REGARDS EMPLOYMENT AND LIVING STANDARDS , TO THOSE AFFORDED UNDER NATIONAL MARKETING ARRANGEMENTS ;

WHEREAS THESE OBJECTIVES CAN BE ACHIEVED BY MEANS OF AN INTERVENTION POLICY BASED ON A SYSTEM OF NORM AND INTERVENTION PRICES , WHICH INCLUDES THE OBLIGATION TO BUY IN AT THE INTERVENTION PRICE AND THE GRANTING OF PREMIUMS TO USERS WHO PURCHASE LEAF TOBACCO DIRECT FROM COMMUNITY PRODUCERS ; WHEREAS THIS POLICY MUST BE APPLIED IN SUCH A WAY AS TO ENCOURAGE IMPROVEMENTS IN QUALITY AND CROP ADJUSTMENTS , IN PARTICULAR THE CONVERSION OF CULTIVATION TO VARIETIES WHICH ARE IN GREATER DEMAND OR ARE MORE COMPETITIVE ;

WHEREAS TO THIS END THE NORM PRICE MUST BE FIXED ANNUALLY AT A LEVEL WHICH , ACCOUNT BEING TAKEN OF THE DIRECTION INTO WHICH PRODUCTION IS TO BE STEERED , GIVES PRODUCERS AN ADEQUATE RETURN , AND WHICH CONSEQUENTLY PRESUPPOSES RATIONAL MANAGEMENT AND ECONOMIC VIABILITY OF UNDERTAKINGS ; WHEREAS THE INTERVENTION PRICE , FIXED AT A LEVEL BELOW THAT OF THE NORM PRICE , MUST REPRESENT THE MINIMUM PRICE AT WHICH PRODUCERS DISPOSE OF THEIR PRODUCTS ; WHEREAS , THEREFORE , THE INTERVENTION AGENCIES MUST BE OBLIGED TO BUY IN AT THE INTERVENTION PRICE ALL TOBACCO WHICH IS OFFERED TO THEM BY PRODUCERS ;

WHEREAS , IN ORDER TO PRESERVE THE FREEDOM OF CONTRACT IN THE MARKET FOR THE PRODUCTS IN QUESTION AND TO ALLOW PRODUCERS TO OBTAIN A HIGHER PRICE THAN THE GUARANTEED INTERVENTION PRICE , IT IS NECESSARY TO ENCOURAGE PURCHASES BY USERS DIRECT FROM PRODUCERS AT A PRODUCTION PRICE AS NEAR AS POSSIBLE TO THE NORM PRICE ;

WHEREAS TO THIS END A PREMIUM SHOULD BE GRANTED TO USERS WHO PURCHASE DIRECT FROM THE PRODUCER ; WHEREAS THIS PREMIUM SHOULD PERMIT THE COMMUNITY TOBACCO THUS PURCHASED TO BE MARKETED UNDER NORMAL CONDITIONS OF COMPETITION ;

WHEREAS THE PREMIUM SHOULD BE GRANTED ALSO TO PRODUCERS WHO THEMSELVES CARRY OUT THE FIRST PROCESSING AND MARKET PREPARATION OF THEIR CROP ;

WHEREAS THE DISPOSAL OF TOBACCO HELD BY THE INTERVENTION AGENCIES SHOULD BE SO ORGANISED AS TO AVOID ANY DISTURBANCE OF THE MARKET AND TO ENSURE EQUAL ACCESS FOR ALL PURCHASERS ;

WHEREAS THE PROPOSED PRICE AND INTERVENTION MEASURES MAKE IT POSSIBLE TO ENVISAGE AN IMPORT SYSTEM LIMITED TO THE APPLICATION OF THE COMMON CUSTOMS TARIFF ; WHEREAS THE LATTER , PURSUANT TO THE TREATY , APPLIES AUTOMATICALLY AS FROM 1 JANUARY 1970 ;

WHEREAS THESE MEASURES TAKEN TOGETHER WILL MAKE IT POSSIBLE TO DISPENSE WITH ALL QUANTITATIVE RESTRICTIONS AT THE EXTERNAL FRONTIERS OF THE COMMUNITY ; WHEREAS , HOWEVER , THIS MACHINERY MAY IN EXCEPTIONAL CIRCUMSTANCES PROVE DEFECTIVE ; WHEREAS , IN SUCH CASES , SO AS NOT TO LEAVE THE COMMUNITY MARKET WITHOUT DEFENCE AGAINST DISTURBANCES WHICH MAY ARISE THEREFROM AFTER THE IMPORT BARRIERS WHICH EXISTED PREVIOUSLY HAVE BEEN REMOVED , THE COMMUNITY SHOULD BE ENABLED TO TAKE ALL NECESSARY MEASURES WITHOUT DELAY ;

WHEREAS IN ORDER TO PERMIT THE COMMUNITY TO PARTICIPATE IN INTERNATIONAL TRADE IN RAW TOBACCO , PROVISION SHOULD BE MADE FOR THE PAYMENT OF AN EXPORT REFUND ;

WHEREAS FROM 1 JANUARY 1970 THE LEVYING OF ANY CUSTOMS DUTY OR TAX HAVING EQUIVALENT EFFECT AND THE APPLICATION OF ANY QUANTITATIVE RESTRICTION OR MEASURE HAVING EQUIVALENT EFFECT ARE AUTOMATICALLY PROHIBITED IN INTRA-COMMUNITY TRADE BY THE PROVISIONS OF THE TREATY ; WHEREAS , FURTHERMORE , THE ESTABLISHMENT OF A COMMON ORGANISATION OF THE MARKET IN RAW TOBACCO INVOLVES THE ABOLITION OF ANY TAX HAVING EFFECT EQUIVALENT TO CUSTOMS DUTY AND ANY QUANTITATIVE RESTRICTION OR MEASURE HAVING EQUIVALENT EFFECT WHICH FORMED PART OF A NATIONAL ORGANISATION OF THE MARKETS IN THIS SECTOR ; WHEREAS , THERE BEING NO MINIMUM PRICES ON 31 DECEMBER 1969 , RECOURSE TO ARTICLE 44 OF THE TREATY IS AUTOMATICALLY EXCLUDED FROM 1 JANUARY 1970 :

WHEREAS THE EFFECTIVENESS OF ALL THESE MEASURES GOVERNING THE COMMON ORGANISATION OF THE MARKET IN RAW TOBACCO WOULD BE JEOPARDISED BY THE GRANTING OF CERTAIN AIDS ON THE PART OF MEMBER STATES ; WHEREAS THE PROVISIONS OF THE TREATY WHICH ALLOW THE ASSESSMENT OF AIDS GRANTED BY MEMBER STATES AND THE PROHIBITION OF THOSE WHICH ARE INCOMPATIBLE WITH THE COMMON MARKET SHOULD BE MADE TO APPLY TO RAW TOBACCO ;

WHEREAS THE PROPOSED COMMUNITY MEASURES , TAKEN AS A WHOLE , OFFER PRODUCERS THE NECESSARY GUARANTEES , SO THAT IT BECOMES POSSIBLE FOR NATIONAL MEASURES CONCERNING THE CULTIVATION AND MARKETING OF RAW TOBACCO TO BE ABOLISHED ;

WHEREAS , IN ORDER TO ENSURE A BALANCED DEVELOPMENT OF PRODUCTION IN REGARD TO COMMUNITY NEEDS , MACHINERY FOR SUPERVISING THIS DEVELOPMENT SHOULD BE INTRODUCED ; WHEREAS , IN CASES WHERE THIS DEVELOPMENT WOULD LEAD TO THE QUANTITIES TAKEN OVER BY INTERVENTION AGENCIES AND THE VOLUME OF PRODUCTION EXCEEDING CERTAIN LIMITS , SUITABLE MEASURES TO ELIMINATE THE IMBALANCE SHOULD BE TAKEN ; WHEREAS PROGRAMMES OF AID FOR PRODUCERS AFFECTED BY...