31973R0228

No L 27/ 20 Official Journal of the European Communities 1.2 . 73

REGULATION (EEC) No 228/73 OF THE COUNCIL of 31 January 1973

laying down general rules for the system of compensatory amounts for fruit and vegetables

THE COUNCIL OF THE EUROPEAN COMMUNITIES , regards apples relate to specific varieties ; whereas compensatory amounts based on those prices can, therefore, be applied only to those varieties and to Having regard to the Treaty concerning the varieties which are regarded in the trade as being Accession of new Member States to the European substantially the same ; whereas, for other varieties, Economic Community and the European Atomic two other groups should be specified and different Energy Community (1 ), signed at Brussels on 22 compensatory amounts should be fixed, obtained by January 1972, and in particular Article 62 ( 1 ) of the applying conversion factors to the abovementioned Act annexed thereto ; amount; whereas these conversion factors may be fixed at a standard rate of 0-70 units of account for Having regard to the proposal from the Commission ; Group II and 0-45 units of account for Group III ;

Whereas Article 55 (4) of the Act further provides Whereas Article 65 of the Act provides that, under that no compensatory amount shall be fixed where the conditions laid down- in paragraph 1 of that calculations result in a minimal amount ; Article, a compensatory amount shall be fixed for fruit and vegetables ; Whereas the last subparagraph of Article 66 ( 1 ) of the Act provides that the differences between the Whereas under Article 66 of the Act, until the first prices referred to shall be adjusted, to the extent move towards alignment, the compensatory amount necessary, by the incidence of customs duties ; applicable, when the conditions referred to in Article whereas the authorities of the Member States 65 ( 1 ) are fulfilled, in trade between a new Member competent to grant or levy compensatory amounts State in the Community as originally constituted should make the adjustment by increasing or another new Member State or a third country shall reducing, as the case may be, the compensatory be equal to the difference between the producer amount by the amount of customs duties levied ; prices in the new Member States and the common whereas, however, for imports from third countries, basic prices ; whereas, however, in trade between two new Member States in which the conditions referred the adjustment is made by applying to the compensatory amount the difference between the to in Article 65 ( 1 ) are fulfilled, the amount is equal Common Customs Tariff Duty and the duty levied to the difference between their respective producer by the importing Member State ; prices ;

Whereas it should be provided that the detailed rules Whereas it is not appropriate to take into account the for levying and granting compensatory amounts shall seasonal changes of the producer prices in the new be such as to avoid deflection of trade which might Member States and of the common basic prices ; be caused by any difference in the level thereof; whereas it seems appropriate, consequently, to consider the difference between the producer prices in two new Member States as being equal to the HAS ADOPTED THIS REGULATION : difference between the compensatory amounts that each of them applies in trade with the Community as originally constituted ; Article 1

Whereas the application of the foregoing criteria The compensatory amount for fruit and vegetables indicates that for apples and pears the compensatory shall comprise two components : amounts are to be fixed as shown in Annex I to this Regulation ; ( a ) the basic compensatory amount, hereinafter called the 'basic amount', calculated in Whereas both the common basic prices and the accordance with the first and second producer prices notified by the new Member States as subparagraphs of Article 66 ( 1 ) of the Act ;

( b) the amount of the customs duties referred to in (*) OJ Special Edition , 27. 3 . 1972, p . 5. subparagraph 3 of Article 66 ( 1 ) of the Act.

1 . 2 . 73 Official Journal of the European Communities No L 27/ 21

Article 2 — reduced, if the first duty is lower than the second, by the amount of that difference. 1 . The basic amounts applicable until 31 December 1973 in trade between a new Member State and the Community as originally constituted, Article 6 other new Member States and third countries in apples other than cider apples (subheading ex 08.06 Where the compensatory amount is granted by a new A II of the Common Customs Tariff) and pears other Member State for a product exported to another new than perry pears (subheading ex 08.06 B II of the Member State or to the Community as originally Common Customs Tariff), are fixed in Annex I. constituted, the competent authorities of the These amounts shall apply only to products which exporting Member State shall by way of are intended to reach the customer fresh . compensatory amount grant an amount equal to the basic amount increased by the sum charged by way 2. The groups of apple varieties to which the basic of customs duties in the importing Member State. amounts relate are specified in Annex II.

Article7¶

Where subsequent compensatory amounts are fixed, For exports to third countries the exporting new the basic amounts shall be reduced by progressive Member State shall by way of compensatory amount stages as provided in Article 66 (2) of the Act. grant an amount equal to the basic amount.

Article4¶

Where the compensatory amount is levied by a new The compensatory amount applicable shall be that-in Member State on a product coming from another force on the day of importation or exportation . new Member State or from the Community as originally constituted, the competent authorities of the importing Member State shall by way of Article 9 compensation amount levy an amount equal to the basic amount reduced by the sum charged by way of The detailed rules for granting, levying and customs duties . recovering compensatory amounts shall be such as to avoid deflection of trade and shall be adopted in Article 5 accordance with the procedure laid down in Article 33 of Regulation (EEC ) No 1035 /72 (*). The detailed Where a product is imported into a new Member rules for the application of this Regulation and any State from a third country, the competent authorities revision of the classification in Annex II by reference of the importing Member State shall by way of to the varietal composition of products traded in compensatory amount levy an amount equal to the shall be adopted in accordance with the same basic amount : procedure. — increased, if the first duty is higher than the second, by the amount of the difference between Article 10 the duty under the Common Customs Tariff and the duty applicable in the Member State in This Regulation shall enter into force on the day of respect of products coming from third countries ; its publication in the Official Journal of the or 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

H OJ No L 118, 20. 5. 1972, p . 1 .

No L 27/22 Official Journal of the European Communities 1 . 2 . 73

ANNEX I

BASIC AMOUNTS

A. Applicable in respect of apples other than cider apples for delivery fresh to the consumer

1 . By Denmark

Amounts in u. a. / 100 kg net Trade with Period of application Group I Group II Group III

Third countries From 1 January to 31 March and from 1 August to 31 December 4 -9 3-4 2-2

EEC as originally From 1 January to 31 March and constituted from 1 August to 31 December 4-9 3-4 2-2

Ireland From 16 February to 31 March 4-9 3-4 2-2

2 . By Ireland

Amounts in u. a. / 100 kg net Trade with Period of application Group I Group II Group III

Third countries From 1 January to 15 February and from 1 August to 31 December 10-3 7-2 4-6

EEC as originally From 1 January to 15 February and constituted from 1 August to 31 December 10-3 7-2 4-6

Denmark From 1 January to 15 February and from 1 August to 31 December 5-4 3-8 2-4

3 . By the United Kingdom

Amounts in u.a./ 100 kg net Trade with Period of application Group I Group II Group III

Third countries From 1 January to 31 March and from 1 August to 31 December 100 7-0 4-5

EEC as originally From 1 January to 31 March and constituted from 1 August to 31 December 10-0 7-0 4-5

Denmark From 1 January to 31 March and from 1 August to 31 December 5-1 3-6 2-3

Ireland From 16 February to 31 March 10-0 7-0 4-5 .

1 . 2 . 73 Official Journal of the European Communities No L 27/ 23

B. Applicable in respect of pears other than perry pears for delivery fresh to the consumer

1 . By Denmark

Trade with Period of application Amounts in u.a. / 100 kg net

Third countries From 1 August to 31 December 5-7

EEC as originally From 1 August to 31 December 5-7 constituted

Ireland From 1 August to 31 December 5-7

United Kingdom From 1 August to 31 August 5-7

2. By the United Kingdom

Trade with Period of application Amounts in u.a. / 100 kg net

Third countries From 1 January to end February and from 1 September to 31 December 6-9

EEC as originally From 1 January to end February and constituted from 1 September to 31 December 6-9

Ireland From 1 January to end February and from 1 September to 31 December 6-9

Denmark From 1 January to end February 6-9 From 1 September to 31 December 1-2

No L 27/24 Official Journal of the European Communities 1 . 2 . 73

ANNEX 11

CLASSIFICATION OF APPLE VARIETIES

GROUP I (»)

Golden Delicious, Red Delicious, Richared, Stark Delicious, Starking, Starkrimson, Transparente jaune ( Klarapfel), James Grieve, Belle de Boskoop, Stayman Winesap, Staymanred, Black Wine­ sap, Granny Smith, Dunn's Seedling, King Cole, Cleopatra, Democrat, Yellow Newton, Crofton, Ingrid Marie, Sturmer, Laxton's superb, Scarlet pearmain, White winter pearmain, Geeveston Fanny, Tydeman's Early, Worcester, Benoni, Stark Earliest, Winston, Reinette du Canada, Berlepsch, Annurca, Lodi, Gravensteiner, Miller's Seedling, Worcester pearmain, different Cox's varieties other than Cox 's pomona and mutations of the above varieties.

GROUP II

Varieties other than those in Groups I and III.

GROUP III

Abbondanza (Belfort), Rambour d'hiver, Brettacher, Horneburger, Krügers Dickstiel, Kirchen­ werder, Finkenwerder, Winter banana, Limoncella, Commercio, Reinette clochard, Ontario, Reinette du Mans, Lemoenapfel, Bramley's Seedling (Triomphe de Kiel), Pella, Cox's pomona and mutations of the above varieties.

(1 ) Apples of Quality Class II in packings not bearing the name of the variety , and apples of Quality Class III in so far as this latter applies , shall also be considered to fall within this group .