31973R0181

30 . -1.73 Official Journal of the European Communities No L 25 / 9

REGULATION (EEC) No 181 /73 OF THE COUNCIL of 23 January 1973 laying down general rules for a system of compensatory amounts for beef and veal

THE COUNCIL OF THE EUROPEAN COMMUNITIES , of those amounts that reflects the price difference, already partially compensated by the addition of customs duties ; whereas, furthermore, it is necessary Having regard to the Treaty concerning the Accession to apply the same lowering, as an absolute sum, both of new Member States to the European Economic to amounts granted and to amounts levied so as to Community and the European Atomic Energy avoid deflection of trade ; Community ( 1 ), signed at Brussels on 22 January 1972, and in particular Article 62 ( 1 ) of the Act Whereas , where Article 11 of Regulation (EEC ) No annexed thereto ; 805/68 is applied, the compensatory amount must be adjusted ; Having regard to the proposal from the Commission ;

Whereas the compensatory amounts applicable to the Whereas pursuant to Article 90 of the Act, the terms types of meat referred to in the Annex to Regulation of Article 51 and 52 apply to the guide prices for beef ( EEC ) No 805 /68 must be derived from the and veal ; compensatory amounts applicable to calves and adult bovine animals ; whereas they can be derived from Whereas Articles 51 and 52 of the Act provide for the the basic amounts by using the coefficients used for fixing of prices for the new Member States at a level calculating the levies ; whereas, however, the different from that of the common prices ; and arrangements for trade in frozen meat among the whereas, pursuant to Article 55 of the Act, differences new Member States and between those States and the in price levels are to be compensated by a system of Community as originally constituted should be the compensatory amounts ; same as those applied to frozen meat from third countries, with total or partial exemption from levies Whereas for the products covered by this price fixing, in certain conditions, as provided by Council the compensatory amounts applicable in trade Regulation (EEC) No 888/68 (4) of 23 June 1968 between the Community as originally constituted and laying down general rules on special import terms for the new Member States , and between those States certain frozen meats intended for processing, as last and third countries, are to be equal to the difference amended by Regulation (EEC ) No 2725 /71 ( 5); between prices fixed for the new Member State concerned and the common prices, corrected to the Whereas, if the difference in prices is less than the extent necessary by the amount of customs duties ; amount of the customs duties , the latter must be suspended at the amount by which they exceed such Whereas this amount, where the customs duty is difference ; whereas, furthermore, if the amount of applied as a percentage of the product's value, must customs duties is minimal , it should not be taken into be calculated as a flat rate on the basis of import account ; prices or guide prices, as the case may be , account being taken of the fact that if the compensatory Whereas Article 55 (4) of the Act provides amount is granted, prices for the importing country furthermore that no compensatory amount shall be will already include the customs duty charge ; fixed if the calculation thereof results in a minimal amount ; and whereas, consequently, an amount must Whereas, if the levy on calves and adult bovine be fixed which can be considered as minimal ; animals is lowered in accordance with Article 10 of Council Regulation ( EEC ) No 805 /68 ( 2 ) of 27 June Whereas Article 55 (3 ) of the Act provides that the 1968 on the common organization of the market in compensatory amounts applicable in trade between beef and veal, as last amended by the Act (3), the the new Member States shall be determined by direct compensatory amounts should likewise be lowered in reference to the compensatory amounts fixed for each order to maintain Community preference ; whereas of those States ; whereas, more specifically, provision this lowering must, however, be restricted to the part should be made that these amounts, in every case, will attain the level of the difference in prices existing

i 1 ) OJ Special Edition, 27. 3 . 1972, p . 5 . (-') OJ No L 148 , 28 . 6 . 1968 , p . 24 . (4 ) OJ No L 156, 4 . 7. 1968 , p .. 7. (3 ) OJ Special Edition, 27. 3 . 1972, p . 72. («) OJ No L 282, 23 . 12. 1971 , p . 5 .

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between the Member States in question, which have originally constituted and the new Member States, been used to determine the compensatory amounts and between those States and third countries, shall be applicable in trade with the Community as originally equal to the basic compensatory amount for adult constituted, while taking into account, as elsewhere, bovine animals multiplied by the coefficient referred the amount of customs duties ; to in Article 13 (2) ( a) of Regulation (EEC) No 805 /68 . Whereas since the aim of the compensatory amounts in intra-Comniunity trade is to provide satisfactory 2. The basic compensatory amounts for the types conditions for the movement of products between of meat listed under heading Nos 02.01 A II a) 2 bb), two Member States with different price levels, a 02.01 A II a) 2 cc), 02.01 A II a) 2 dd ) 11 and 02.01 A compensatory amount must be levied for imports II a) 2 dd) 22 in section (c) of the Annex to into a Member State having a higher price level and, Regulation (EEC) No 805 /68, applying in trade inversely, must be granted for exports to a Member between the Community as originally constituted and State having a lower price level; the new Member States, and between , those States and third countries, shall be equal to the basic "Whereas, consequently, Article 55 ( 1 ) ( a) of the Act, amount for the types of meat referred to in under which compensatory amounts are to be levied paragraph 1 multiplied by the coefficients referred to by the importing Member State or granted by the in Article 13 (3 ) of Regulation (EEC) No 805 /68 . exporting Member State, means that the task of levying or granting these amounts falls to the Member State having the higher price level ; Article 3 Whereas rules must be laid down for the levying and granting of compensatory amounts in such a way as The basic compensatory amounts applicable in trade to avoid deflection of trade that could result in between two new Member States shall be equal to particular from differences in the level thereof; the difference between the basic compensatory amounts applying in trade between each of the new Member States and the Community as originally HAS ADOPTED THIS REGULATION : constituted .

Article1¶

1 . The compensatory amounts for calves and adult bovine animals applicable in trade between the 1 . The basic compensatory amounts, calculated in Community as originally constituted and the new accordance with Articles 1 to 3 , shall be adjusted by the amount of customs duties : Member States, and between those States and third countries ( hereinafter referred to as ' basic compensatory amounts'), shall be equal to the ( a) by deduction in intra-Community trade when the difference between the guide price applying in each of guide price ruling in the importing Member State the new Member States and the guide price applying is higher than that in the exporting Member in the Community as originally constituted. State ;

2. The basic compensatory amounts for the types (b) by addition in intra-Community trade when the of meat listed in sections (a) and (b) of the Annex to guide price ruling in the importing Member State Regulation (EEC) No 805/68 , applying in trade is lower than that in the exporting Member State ; between the Community as originally constituted and the new Member States, and between those States and third countries, shall be derived from the basic (c) by deduction on imports from third countries . On compensatory amounts referred to in paragraph 1 in exports from the new Member States to third accordance with the rules for calculating the levy countries, the basic compensatory amounts shall not be corrected. pursuant to Article 12 (1 to 4 ) of Regulation (EEC ) No 805 / 68 . 2. If the amount of the customs duty is lower than Article 2 one unit of account per 100 kg the compensatory amount shall not be corrected. 1 . The basic compensatory amount for the types of meat listed under heading No 02.01 A II a) 2 aa) in section (c) of the Annex to Regulation (EEC ) No 3 . The basic compensatory amounts, as adjusted, 805/68 , applying in trade between the Community as are hereinafter referred to as compensatory amounts .

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Article 5 basic compensatory amount shall be calculated in accordance with paragraph 2, the import price 1 . In trade in adult bovine animals and calves being replaced by the world market price between the new Member States and between those determined in accordance with Article 13 (2 ) (b ) States and the Community as originally constituted : of Regulation (EEC) No 805/68, the latter being multiplied, as regards the products referred to in ( a) the amount of customs duty to be deducted from Article 2 (2), by the coefficients referred to in the basic compensatory amount shall be equal to that same paragraph. the amount resulting from the application of the customs duty applied by the Community as Article 6 originally constituted to the guide price in the exporting Member State ; 1 . If the levies on calves and adult bovine animals (b) the amount of customs duty to be added to the are lowered in accordance with Article 10 (3 ), second basic compensatory amount shall be equal to the subparagraph, of Regulation (EEC) No 805 /68 , the difference between the amount which, with the compensatory amounts for calves and adult bovine addition of the customs duty applied by the animals and for the types of meat referred to in importing new Member State, would be equal to Article 1 (2) shall be lowered by the amount resulting the guide price applicable in the importing from the application to the compensatory amount to Member State and that same guide price. be levied in trade between the new Member States and the Community as originally constituted of the 2 . For imports of adult bovine animals and calves percentage by which those levies are lowered. into the new Member States from third countries, the amount of customs duty to be deducted from the basic compensatory amount shall be equal to the 2. In this event, in trade between the new Member difference between the amount of customs duty on States themselves, the rule laid down in Article 3 the import price at the rate applicable to imports into shall apply in respect of the lowering. the Community as originally constituted and the amount of customs duty on the same price at the rate applicable to imports into the new Member State in Article 7 question .

The import price shall be calculated in accordance If the levy on calves or adult bovine animals is not with Article 10 ( 1 ) of Regulation (EEC ) No 805 /68 . charged according to Article 11 of Regulation (EEC) No 805 /68, the compensatory amount valid for these 3 . In trade in the types of meat listed in sections products shall be equal to zero and the rate of ( a), (b) and (c) of the Annex to Regulation (EEC) No customs duty valid for young male bovine animals 805 /68 between the new Member States and between for fattening of a minimum weight of 220 kg and a those States and the Community as originally maximum weight of 300 kg shall be reduced by half constituted, the amount of customs duty to be and the rate valid for calves for fattening, weighing deducted from or added to the basic compensatory less than 80 kg, shall be reduced by three quarters . amount, as the case may be, shall be calculated in accordance with paragraph 1 , the guide price or import price being multiplied by the coefficients Article 8 referred to in Article 1 (2) or in Article 2 , in accordance with the rules laid down therein .

In trade between the new Member States and with 4 . For imports into the new Member States from the Community as originally constituted : third countries : ( a) of the types of meat listed in sections ( a) and (b ) ( a) If the amount of customs duty to be deducted of the Annex to Regulation (EEC) No 805 /68 , the from the basic compensatory amount is higher amount of customs duty to be deducted from the than the latter, the customs duty shall be basic compensatory amount shall be calculated in suspended at a rate which represents the accordance with paragraph 2, the import price relationship between the difference between such being multiplied by the coefficients referred to in amount and the basic compensatory amount on the one hand and the amount itself on the other Article 1 (2); hand. (b) of the types of meat listed in section (c) of the Annex to Regulation ( EEC ) No 805 /68 , the (b) If the basic compensatory amount is nil , the amount of customs duty to be deducted from the customs duty shall be suspended.

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Article 9 third countries, the compensatory amounts shall be deducted from the levies and refunds . In trade between the new Member States and between those States and the Community as 2. If compensatory amount is fixed for a product originally constituted : and the refund, if fixed at all, is lower than this ( a) the compensatory amounts for the types of meat compensatory amount, then, when the product in referred to in Article 14 (3 ) (a) of Regulation question is exported to a third country, the new ( EEC ) No 805 /68 shall not be levied if the Member State concerned may levy an amount equal to not more than the difference between the conditions laid down in Article 1 of Regulation ( EEC ) No 888 /68 are fulfilled ; compensatory amount and the refund or, as the case may be, to the compensatory amount. (b) the compensatory amounts for the types of meat referred to in Article 14 (3 ) ( b) of Regulation Article 13 (EEC) No 805 / 68 shall not be levied or, as the case may be, shall be levied only up to an amount corresponding to the amount of the levy as The compensatory amount applied shall be the suspended, which is calculated according to the amount applicable on the day of importation or criteria referred to in Article 6, if the conditions exportation . laid down in Articles 2 and 3 of Regulation (EEC) No 888/68 for the total or partial suspension of Article 14 the levy are fulfilled. The detailed rules for the granting, levying and Article 10 recovery of the compensatory amounts shall be drawn up in such a way as to prevent, in particular, No compensatory amount shall be fixed at less than deflection of trade and in accordance with the 0-5 unit of account per 100 kg. procedure laid down in Article 27 of Regulation ( EEC ) No 805 /68 . Article 11 The rules for the application of the Regulation and in In trade between the new Member States and particular the compensatory amounts shall be drawn between those States and the Community as up according to the same procedure. originally constituted, the compensatory amounts shall be levied or granted, as the case may be, by that Article 15 one of the two Member States concerned whose guide price, used in determining the compensatory amounts , is the higher. This Regulation shall enter into force on the day following its publication in the Official Journal of the Article 12 European Communities .

1 . In trade between the new Member States and It shall apply from 1 February 1973 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 23 January 1973 .

For the Council The President

L. TINDEMANS