31973R0233

1 . 2 . 73 Official Journal of the European Communities No L 28 / 37

REGULATION (EEC) No 233 /73 OF THE COUNCIL

of 31 January 1973

laying down the general rules for the system of compensatory amounts for milk and milk products

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas, pursuant to Article 86 ( 1 ) of the Act, for pilot products other than butter, the compensatory Having regard to the Treaty establishing the amount applicable until the first move towards European Economic Community ; alignment shall - be determined on the basis of the difference between the representative market price level of the new Member State concerned and the Having regard to the Treaty (*) concerning the representative market price level of the Community Accession of new Member States to the European as originally constituted over a period prior to 1 Economic Community and the European Atomic February 1973 ; whereas, however, if these provisions Energy Community signed at Brussels on 22 January cannot be applied or if their application results in 1972, and in particular to Article 62 ( 1 ) of the Act compensatory amounts leading to abnormal price annexed thereto (2) ; relationships, the compensatory amount is to be calculated, pursuant to paragraph 3 of that Article on Having regard to the proposal from the Commission ; the basis of the compensatory amount applicable for butter; whereas, for the pilot products other than those in Groups 1 and 12, this condition is satisfied Whereas Articles 51 and 52 of the Act provide that as regards trade with the United Kingdom; for the new Member States prices will be fixed at levels different from the common prices ; whereas, pursuant to Article 55 of the Act, the differences in Whereas, pursuant to Article 87 ( 1 ) of the Act, the price levels are to be compensated by compensatory compensatory amount applicable for one or more amounts ; products falling within Common Customs Tariff heading No 04.01 shall be fixed on the basis of the difference between market prices if a system Whereas pursuant to Article 85 of the Act, Articles 5 1 providing for a different valuation of milk according and 52 shall apply to the intervention prices for to its use existed in a new Member State before butter and skimmed-milk powder; whereas, however, accession, and if the application of Article 86 of the pursuant to Article 1 ( a) (2) of Council Regulation Act leads to difficulties on the market ; whereas these (EEC) No 647/72 (3) of 30 March 1972 fixing the conditions are satisfied for milk and cream intended target price for milk and the intervention prices for for direct consumption in the United Kingdom ; butter, skimmed-milk powder and Grana padano and whereas Article 87 ( 1 ) should be applied in those Parmigiano Reggiano cheeses for the 1972/73 milk instances in order to avoid distortions of competition, year as amended by Regulation (EEC) No this entails the fixing of the compensatory amounts 2715 /72 ( 4), the common intervention price is to applicable to other products falling within Common apply in all the new Member States to skimmed-milk Customs Tariff heading No 04.01 pursuant to powder from 1 February 1973 ; whereas, accordingly, Article 87 (2) of the Act; it will not be necessary to fix a compensatory amount for skimmed-milk powder. Whereas pursuant to Article 55 (4 ) of the Act no Whereas pursuant to Article 55 (2) of the Act, the compensatory amount shall be fixed if the compensatory amounts for butter applicable in trade application of the aforementioned provisions results between the Community as originally constituted and in a minimal amount ; the new Member States, and between those States and third countries, shall be equal to the difference Whereas , pursuant to Article 55 (3 ) of the Act the between the prices fixed for the new Member State compensatory amounts applicable in trade between concerned and the common prices ; the new Member States shall be determined by direct reference to the compensatory amounts fixed for each of those States ; (») OJ No L 73 , 27 . 3 . 1972, p . 5 . (2) OJ No L 73 , 27. 3 . 1972, p . 14. (3) OJ No L 79, 1 . 4. 1972, p. 2. Whereas the purpose of compensatory amounts in (4) OJ No L 291 , 28 . 12 . 1972, p. 17. trade within the Community is to allow the

No L 28 /38 Official Journal of the European Communities 1 . 2 . 73

movement of goods to take place in satisfactory Member States, and in trade between those States conditions between two Member States in which and third countries, in respect of the pilot products there are different price levels, a compensatory listed in Annex I of Regulation (EEC) No 823 /68 (3) amount should be levied upon imports into a and in respect of products falling within Common Member State which has a higher level of prices and, Customs Tariff heading No 04.01 shall be as shown conversely, should be granted in respect of exports to in the Annex. a Member State where the level of prices is lower;

Notwithstanding Article 55 (3 ) of the Act, Ireland Whereas, Article 55 ( 1 ) ( a) of the Act, under which shall grant on exports from Ireland to the United the compensatory amounts shall be levied by the Kingdom of products falling within subheading ex importing Member State or granted by the exporting 04.01 B of the Common Customs Tariff intended for Member State, implies that henceforth these amounts consumption in the United Kingdom with a fat are to be levied or granted by the Member State in content by weight which the level of prices is higher; — of not less than 18 % but less than 20 % in Whereas, if in trade between a new Member State immediate packing of a net capacity of less than and third countries the compensatory amount must or equal to 2 litres, a compensatory amount of 12 be deducted from the refund and if the refund is less units of account per 100 kilogrammes net weight; than the compensatory amount or is not fixed, appropriate measures must be taken to avoid — of not less than 48 % but less than 57 % in metal deflections of trade; containers with a net content equal to or greater than 45-460 litres ( 10 gallons ) intended for Whereas, in order to avoid deflections of trade in consumption in the United Kingdom after special milk for infants, in Emmental cheeses, packaging in small packages, a compensatory processed cheeses, Glaris herb cheeses, Tilsit, amount of 32 units of account per 100 Kashkaval and other sheep and buffalo cheeses, kilogrammes net weight. appropriate measures should be taken to ensure that such products, when imported from a third country, are not re-exported to another Member State with 2 . In trade between* entitlement to the compensatory amount fixed for trade between the two Member States concerned ; — the Community as originally constituted and the new Member States the compensatory amounts Whereas detailed rules must be laid down for the shall be applied by the Member States of the Community as originally constituted ; levying or granting of compensatory amounts in such manner as to avoid deflections of trade, which might be engendered by the difference in the level of these — the new Member States, the compensatory amounts ; amounts shall be applied by the Member State in respect of which the compensatory amount in trade with the Community as originally Whereas butter from public stocks which is the constituted is the lowest ; subject of special measures taken in pursuance of Article 7a of Council Regulation (EEC) No 985/68 (*) — the new Member States and third countries, of 15 July 1968 laying down general rules for compensatory amounts shall be deducted from the intervention on the market in butter and cream, as import levy and from the refund. last amended by Regulation (EEC) No 2714/72 (2), is sold at special prices ; whereas it can be inappropriate in certain cases for these compensatory amounts to However, be applied in respect of such butter; as regards products falling within Common Customs Tariff subheading 04.01 A II a), in trade between the HAS ADOPTED THIS REGULATION : United Kingdom and

Article 1 — the other Member States, the compensatory amount shall be applied by the United Kingdom ; 1 . The compensatory amounts to be applied up to the end of the 1972/73 milk year in trade between the — third countries, the compensatory amount shall be Community as originally constituted and the new added to the import levy and to the refund.

(J ) OJ No L 169 , 18 . 7. 1968 , p. 1 . H OJ No L 291 , 28 . 12. 1972, p . 15 . (3) OJ No L 151 , 30. 6. 1968 , p. 3 .

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3 . In trade between the Community as originally Article 4 constituted and the new Member States, and in trade between the latter, in the following products falling Where for a particular product, a compensatory under the Common Customs Tariff: amount is fixed which is to be deducted from the refund on exports to third countries, and the refund 04.02 B lb ) 04.04 A II is less than the compensatory amount, or no refund is 04.04 D II applicable, a levy may be charged, when the particular product is exported from the new Member ex 04.04 E Glaris herb cheeses ('Schab­ State in question to third countries, of an amount not ex 04.04 E I b ) 5 ziger') Tilsit, Kashkaval, sheep exceeding the difference between the compensatory or buffalo cheeses in receptacles amount and the refund ; or, where applicable, the containing brine or in sheep or compensatory amount. goat-skin pouches,

it may be provided that the compensatory amount Article 5 fixed for trade in such products shall only be granted on proof that the product in question is of Community origin . It may be decided that the compensatory amounts provided for in the Act are not to apply to butter sold in pursuance of Article 7a of Regulation (EEC) Article 2 No 985 /68 .

1 . For the milk products not referred to in Article 1 ( 1 ), the compensatory amounts applicable until the Article 6 first move towards alignment of prices shall, pursuant to Article 86 (2) and (3 ) of the Act, be fixed 1 . The detailed rules for the granting, levying, and in accordance with the procedure laid down in collection of compensatory amounts to be made, in Article 30 of Regulation (EEC ) No 804/68 (*). particular in order to prevent deflections of trade, shall be adopted in accordance with the procedure 2. The Commission is authorized to publish the laid down in Article 30 of Regulation (EEC) No compensatory amounts as fixed in the Annex 804/ 68 . together with the compensatory amounts fixed in pursuance of paragraph 1 . 2. The detailed rules for applying this Regulation and in particular the measures to be adopted 3 . All compensatory amounts applicable from the pursuant to Article 87 (2) of the Act, when this first move towards ' alignment shall, pursuant to proves necessary, shall be laid down in accordance Articles 86 and 87 of the Act, be fixed in accordance with the same procedure. with the procedure laid down in Article 30 of Regulation (EEC) No 804/68 .

Article 7 Article 3 This Regulation shall enter into force on the day of The compensatory amount applied shall be that its publication in the Official Journal of the applicable on the day of importation or exportation . 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

(*) OJ No L 148, 28 . 6. 1968, p . 13 .

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ANNEX

Compensatory amounts applicable in trade between the Community as originally constituted and the new Member States and between the latter and third countries

A. Pilot products within the meaning of Annex 1 to Regulation (EEC) No 823/68

u.a./100 kg Trade with

Denmark Ireland United Kingdom

— — — Group 1

— — — Group 2

Group 3 5-54 9-79 34-86

Group 4 1-60 2-83 10-06

Group 5 1-92 (») 3-39 (*) 12-07 (*)

Group 6 17-47 30-89 109-94

Group 7 6-07 10-74 38-21

Group 8 6-07 10-74 38-21

Group 9 4-56 8-06 28-69

Group 10 6-07 10-74 38-21

Group 11 6-07 10-74 38-21

— — — Group 12

(*) The compensatory amount for 100 kg net weight of product falling within this subheading is equal to the sum of the following components : ( a) the amount shown ; (b) an additional amount for each percentage Unit constituting the sucrose content of 100 kg net weight of product equal to the compensatory amount applicable to 1 kg of white sugar in trade between the Community as originally constituted and the new Member States and between the latter and third countries .

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B. Products falling within heading No 04.01

Compensatory amounts in u.a./ lOO kg net weight (unless otherwise indicated) CCT heading Description Trade with No Denmark Ireland United Kingdom

04.01 Milk and cream, fresh , not concentrated or sweetened : A. Of a fat content, by weight, not exceeding 6 % : I. Yoghourt, kephir, curdled milk, whey, buttermilk and other fermented or acidified milk : — "Whey — Other, of a fat content, by weight : — Not exceeding 1 % — Exceeding 1 % 0-87 1-39 4-96 II . Other : a) In immediate packings of a net capacity of 2 litres or less 0-87 1-39 1-53 b) Other, of a fat content, by weight: — Not exceeding 1 % — Exceeding 1 % but not exceeding 2 % 0-35 0-57 2-01 — Exceeding 2 % but not exceeding 3 % 0-59 0-94 3-35 — Exceeding 3 % but not exceeding 4 % 0-87 1-39 4-96 — Exceeding 4 % but not exceeding 5 % 1-05 1-70 6-03 — Exceeding 5 % 1-29 2-07 7-37 B. Other, of a fat content, by weight, exceeding 6 % : — In immediate packings of a net capacity of 2 litres or less 0-2343 0 0-3767 (*) 0-9730 (x) — Other 0-2343 f 1) 0-3767 0 1-3407 f1)

(*) The compensatory amount for 100 kg net weight of product falling within this subheading is equal to the amount shown multiplied by the weight of milk fats contained in 100 kg of finished product .