31973R0229

1 . 2 . 73 Official Journal of the European Communities No L 27/25

REGULATION (EEC) No 229/73 OF THE COUNCIL of 31 January 1973

laying down general rules for the system of compensatory amounts for cereals and fixing these for certain products

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas it is necessary to provide for the possible introduction, should the necessity arise, of a system of rules for advance fixing of the compensatory Having regard to the Treaty establishing the amount ; European Economic Community ;

Having regard to the Treaty concerning the Accession of new Member States to the European Whereas Article 55 (3 ) of the Act provides that the Economic Community and the European Atomic compensatory amounts applicable in trade between Energy Community (*), signed at Brussels on 22 the new Member States shall be determined by direct January 1972, and in particular Article 55 (6) and reference to the compensatory amounts fixed for each Article 62 ( 1 ) of the Act annexed thereto ; of those States; whereas these provisions should be clarified by specifying that in each case the amount should be equal to the price difference between the Having regard to the proposal from the Commission ; Member States in question used for determining the compensatory amounts applicable in trade with the Community as originally constituted; Whereas Articles 51 and 52 of the Act provide that the prices to be applied in the new Member States shall be fixed at a level different from that of the common prices ; whereas under Article 55 of the Act Whereas, in accordance with Article 74 (2) of the Act, the differences in price levels are to be compensated the compensatory amounts for products covered by by a system of compensatory amounts ; Council Regulation No 120/67/EEC (2) of 13 June 1967 on the common organization of the market in cereals, as last amended by the Act, are derived from Whereas, pursuant to Article 73 of the Act, Articles the compensatory amount for the cereals to which 51 and 52 of the Act apply to the derived they relate with the aid of the coefficients or rules used intervention prices for cereals ; in determining the levy, or the variable component of the levy, on these products ; whereas the coefficients Whereas the compensatory amounts fixed for the in question were determined in Council Regulation products in question and applicable in trade between (EEC) No 968/68 (3) of 15 July 1968 on the the Community as originally constituted and the new system to be applied to cereal-based compound Member States, and between the new Member States feedingstuffs, in Council Regulation (EEC) No and third countries, are equal to the difference 1052/68 (4) of 23 July 1968 on the import and export between the prices fixed for the new Member State in system for products processed from cereals and from question and the common prices ; rice, as last amended by Regulation (EEC) No 1529/71 (5), and in Council Regulation (EEC) No 1397/69 (6) of 17 July 1969 fixing the standard Whereas the rules for determining the level of qualities for certain cereals and categories of flour, compensatory amounts for other cereals must, in the groats and meal and the rules for fixing the threshold light of Article 74 ( 1 ) of the Act, be so drawn up as prices of these categories of products ; whereas it is, to achieve a progressive alignment on the price ratio however, necessary to specify that they are applicable in the Community; in certain cases ;

Whereas it should be made clear that the application of Article 55 ( 1 ) ( b ) of the Act involves deduction of the compensatory amount from the levy or refund ; (2) OJ No 117, 19 . 6. 1967, p . 2269/67. (3) OJ No L 166, 17. 7. 1968, p. 2. (4 ) OJ No L 179, 25 . 7. 1968 , p. 8 . (5) OJ No L 162, 20. 7. 1971 , p. 11 . (!) OJ No L 73 , 27. 3 . 1972, p . 5 . (6) OJ No L 179, 21 . 7. 1969, p . 6.

No L 27/26 Official Journal of the European Communities 1 . 2 . 73

Whereas, since the purpose of compensatory amounts deflections in trade caused, in particular, by in intra-Community trade is to promote the differences in their levels ; satisfactory circulation of products between Member States with different price levels, a compensatory Whereas for the sake of clarity the Commission amount should be levied on imports to a Member should be authorized to publish the compensatory State with a higher price level and, conversely, such amounts fixed by the Council in the Annex listing an amount should be granted on exports to a those fixed by the Commission ; Member State with a lower price level;

Whereas, therefore, it follows from Article 55 ( 1 ) (a) HAS ADOPTED THIS REGULATION : of the Act, according to which compensatory amounts are levied by the importing Member State or Article 1 granted by the exporting Member State, that it is for the Member State with the highest price level to grant or levy these amounts ; The compensatory amounts applicable until 31 July 1973 in trade between the Community as originally Whereas Article 56 of the Act provides that constituted and the new Member States, and between appropriate measures may be taken with a view to the new Member States and third countries, shall, for ensuring the proper functioning of the common the following products, be as follows : organization of markets if the world market price is higher than the price used in calculating the import Trade with charge introduced under the common agricultural policy, less the compensatory amount; whereas the Denmark Ireland United Kingdom measures aforesaid may in particular provide for the u. a. / metric ton u. a. / metric ton u. a. / metric ton limited charge or grant of compensatory amounts, depending on the fluctuations in prices On the world Common market; whereas the terms on which these are to be wheat 9-95 7-50 44-31 limited must be fixed; whereas the limitation should Barley 8-68 14-86 42-33 be reflected equally in the compensatory amounts applicable to products processed from cereals ;

Whereas appropriate measures must be taken to Article 2 avoid deflection of trade where, in trade between a new Member State and third countries, the 1 . The compensatory amounts applicable until 31 compensatory amount is to be deducted from the July 1973 in trade between the Community as refund or where the refund, if fixed at all, is lower originally constituted and the new Member States, than the compensatory amount; and between the new Member States and third countries, shall be calculated by applying the Whereas detailed rules for levying and granting following coefficients to the compensatory amounts compensatory amounts should be such as to avoid for the reference cereals :

Coefficients applicable in trade with

Compensatory amounts for Reference cereal Denmark Ireland United Kingdom

Durum wheat Common wheat 1-095 2-817 1-476 — 1-110 1-250 Rye Barley Oats Barley 0-969 0-957 0-855 Maize — 1-548 0-872 Barley Millet — 0-964 0-882 Barley — 1-682 0-882 Grain sorghum Barley

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

2. For subsequent calculations, the difference in Article 5 the price ratio between the reference cereal and each of the cereals in question in the new Member States In trade between new Member States and between on the on hand and the Community as originally those States and the Community as originally constituted on the other shall be gradually eliminated constituted, the compensatory amounts shall be at the rate specified in Article 52 (2) of the Act. levied or granted by that one of the two Member States in question whose price level used in The price rates on which the calculation is based determining the compensatory amounts is the higher. shall, for each new Member State, be that resulting In trade between new Member States and third from the application of the compensatory amount for countries, the compensatory amounts shall be the preceding marketing year and, for the deducted from the levy or refund. Community, that used for fixing the threshold prices for the new marketing year. Article 6

3 . The compensatory amount for common wheat 1 . The compensatory amount applicable shall be rendered unfit for human consumption by denaturing that ruling on the day of importation or exportation. as specified in Article 7 of Regulation No 120/67/EEC shall be that applicable to barley. 2 . However, should the necessity arise, the decision may be made, in accordance with the procedure referred to in Article 9 ( 1 ), to institute a No compensatory amount shall be fixed for system of advance fixing of the compensatory products : amount . ( a) Falling within subheadings Nos 10.07 A and D of Article 7 the Common Customs Tariff; 1 . If for any product referred to in Article 1 or (b) Falling within heading No 10.02 and subheadings Article 2 ( 1 ) the levy is lower than the compensatory Nos 10.05 B and 10.07 B and C of the Common amount fixed for that product or calculated in Customs Tariff in trade between the Community respect thereof by applying Article 2, the Commission as originally constituted and Denmark. shall apply the scale set out in the Annex to determine the amount applicable by way of compensatory amount in trade between the Community as originally constituted and the new Article 3 Member States and between those States and third countries . The compensatory amounts applicable in trade Where, however, the amount of levy lies within the between two new Member States shall be equal to : range of values which includes the compensatory amount fixed in Article 1 or resulting from the — the compensatory amounts applicable in trade application of Article 2, that compensatory amount with ' the Community as originally constituted shall continue to apply. where there is no compensatory amount fixed in trade between the Community and one of the 2. For the products referred to in Article 1 (c) of Member States in question ; Regulation 120/67/EEC, the amount applicable by way of compensatory amount shall be determined by — the difference between the amounts applicable in the Commission in accordance with the terms and on trade between each of these new Member States the conditions set out in the foregoing paragraph, the and the Community as originally constituted in amount to be taken for purposes of levy being in this other cases . case the levy chargeable in respect of the product in question reduced by the amount representing the component for protection of the processing industry referred to in Regulation (EEC) No 1397/69. Article 4 3 . For the products referred to in Article 1 (d) of The compensatory amounts applicable to the Regulation No 120/67/EEC, the amount applicable products specified in Article 1 (c) and (d) of by way of compensatory amount shall be determined Regulation No 120/67/EEC shall be determined with by the Commission by reference to the variations in the aid of the coefficients given in Regulations the amount or amounts determined under paragraph 1 (EEC ) Nos 968/68 , 1052/68 and 1397/69 . for the basic cereals concerned.

No L 27/28 Official Journal of the European Communities 1 . 2 . 73

4. The provisions of Article 3 shall apply to possible deflections of trade and distortions of determination of these amounts in respect of trade competition, and adopted in accordance with the between two new Member States . procedure laid down in Article 26 of Regulation No 120/67/EEC .

Article 8 Detailed rules for the application of this Regulation, and in particular the compensatory amounts other Where, for a given product, a compensatory amount than those determined in Article 1 , shall be adopted is fixed and the refund, if fixed at all, is lower than by the same procedure. the compensatory amount, then, when the product in question is exported to a third country, an amount not exceeding the difference between the The Commission shall be authorized to publish the compensatory amount and the refund or, as the case compensatory amounts together with those fixed in may be, not exceeding the compensatory amount Articles 1 and 2 (3 ). may be levied in the new Member State in question.

Article 10 Article 9 This Regulation shall enter into force on the day of Detailed rules for granting, levying and recovering its publication in the Official Journal of the compensatory amounts shall be such as to avoid 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

1 . 2 . 73 Official Journal of the European Communities No L 27 / 29

ANNEX

Amounts applicable by way of compensatory Amount of Community levy amount u.a . / ton u.a. /ton

from 100-00 to 96-01 98-00 from 96-00 to 92-01 94-00 from 92-00 to 88-01 90-00 from 88-00 to 84-01 86-00 from 84-00 to 80-01 82-00 from 80-00 to 76-01 78-00 from 76-00 to 72-01 74-00 from 72-00 to 68-01 70-00 from 68-00 to 64-01 66-00 from 64-00 to 60-01 62-00 from 60-00 to 56-01 58-00 from 56-00 to 52-01 54-00 from 52-00 to 48-01 50-00 from 48-00 to 44-01 46-00 from 44-00 to 40-01 42-00 from 40-00 to 36-01 38-00 from 36-00 to 32-01 34-00 from 32-00 to 28-01 30-00 from 28-00 to 24-01 26-00 from 24-00 to 20-01 22-00 from 20-00 to 16-01 18-00 from 16-00 to 12-01 14-00 from 12-00 to 8-01 10-00 from 8-00 to 4-01 600 from 4-00 to 0-01 2-00 0 0