31973R0234

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

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 234/73 OF THE COUNCIL

of 31 January 1973

laying down general rules for the system of compensatory amounts for 'pigmeat

THE COUNCIL OF THE EUROPEAN ( EEC) No 229/73 (3) of 31 January 1973 laying COMMUNITIES, down general rules for the system of compensatory amounts for cereals ;

Having regard to the Treaty establishing the Euro­ pean Economic Community ; Whereas the economic situation of pig production in the new Member States should also be taken into account ; Having regard to the Treaty concerning the Acces­ sion of new Member States to the European Econo­ mic Community and the European Atomic Energy Whereas the compensatory amount for the other Community ^), signed at Brussels on 22 January 1972, products specified in Council Regulation No 121 / and in particular Article 62 ( 1 ) of the Act annexed 67/ EEC ( 4) of 13 June 1967 on the common organi­ thereto ; zation of the market in pigmeat, as last amended by the Act must be derived from the compensatory amount for pig carcases with the help of the co­ Having regard to the proposal from the Commission; efficients used in calculating the levy ;

Whereas pursuant to Article 55 of the Act the dif­ Whereas the compensatory amounts for cereals are ferences in price levels for agricultural products bet­ applicable until 31 July 1973 ; whereas the same ween the Community as originally constituted and period of applicability should therefore be provided the new Member States are to be compensated by for in respect of pigmeat ; the levying or granting of compensatory amounts applicable in trade between them, and between the new Member States and third countries ; whereas Whereas provision should be made for a period of such compensatory amount for pigmeat must be adjustment in order to prevent excessive price changes calculated in accordance with Article 75 of the Act; in the new Member States at the beginning of the period of transition ;

Whereas the compensatory amount per kilogramme of pig carcase must be calculated on the basis of Whereas under Article 7 of Regulation (EEC) the compensatory amount applicable to the quantity No 229/73 the charging or granting of compensatory of feed grain required for the production of 1 kilo­ amounts for cereals may be limited in order to deal gramme of pigmeat in the Community; whereas this with the situation referred to in Article 56 of the quantity of feed grain was fixed in Article 1 of Act ; whereas such limitation must be taken into Council Regulation No 133/67/EEC (2) of 13 June account for pigmeat products, inasmuch as they are 1967 laying down general rules for calculating a derived from cereals, if the proper functioning of the component of the levy applicable to pig carcases; common organization of the markets is to be as­ sured ; whereas lard, which is subject to particular market conditions in certain new Member States, Whereas the compensatory amounts for feed grain should furthermore be exempt from this limitation were fixed in accordance with Council Regulation of compensatory amounts ;

(*) OJ No L 73, 27. 3 . 1972, p. 5 . (s) OJ No L 27, 1 . 2. 1973 , p. 25 . (») OJ No 120, 26. 6. 1967, p. 2366/67. («) OJ No 117, 19 . 6. 1967, p. 2283/67.

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

Whereas since the aim of the compensatory amounts Article 2 in intra-Community trade is to provide satisfactory conditions for the movement of products between The compensatory amounts for the products speci­ two Member States with different price levels, a fied in Article 1 ( 1 ) of Regulation No 121 /67/EEC compensatory amount must be levied for imports other than pig carcases, applicable in trade between into a Member State having a higher price level for the Community as originally constituted and the feed grain, and, conversely, must be granted for new Member States, and between those States and exports to a Member State having a lower price third countries, shall be derived from the compen­ level for feed grain; satory amount applicable to pig carcases with the aid of the co-efficients expressing the ratio referred to in Article 10 ( 1 ) and (2 ) (a) of the Regulation Whereas, consequently, Article 55 ( 1 ) (a) of the Act, aforesaid. under which compensatory amounts are to be levied by the importing Member State or granted by the exporting Member State, means that the task of Article 3 levying or granting these amounts falls to the Member State having the higher price level for feed 1 . If Article 7 of Regulation (EEC) No 229/ 73 is grain ; applied for one or more days in a month, the amount applicable the following month as compensatory amount for the products referred to in Articles 1 Whereas rules must be laid down for the levying and 2 shall be determined each month by reference and granting of compensatory amounts in such a to the average of the amount determined during the way as to avoid deflection of trade; first 25 days of the previous month for the cereals included in the quantity of feed grain referred to in Article 1 of Regulation No 133 /67/ EEC.

HAS ADOPTED THIS REGULATION : However, if the amount varies by less than 5 °/o from the amount determined for the previous month , it shall remain unaltered .

Article 1 2. The amounts applicable during February 1973 shall be equal to the compensatory amounts fixed in accordance with Articles 1 and 2, less the difference 1 . The compensatory amounts for domestic pig­ between those compensatory amounts and those cal­ meat, in the form of carcases or half-carcases, with culated by reference to the average of the levies or without heads, feet or flare fat, referred to under operative during the first 25 days of January 1973 02.01 A III (a) 1 of the Common Customs Tariff, for the cereals in question . and hereinafter designated 'pig carcases', applicable until 31 July 1973 in trade between the Community 3 . The provisions of paragraphs 1 and 2 are not as originally constituted and the new Member States, applicable to the compensatory amount for products and between those States and third countries, shall falling under heading No 15.01 A of the Common be as shown below : Customs Tariff.

u.a./100 kg Article 4

February/ April/ June/ March 1973 May 1973 July 1973 The compensatory amounts applicable in trade bet­ ween two new Member States shall be equal to the Denmark 206 1·79 1·36 difference between the compensatory amounts appli­ Ireland 8·50 7·36 5·60 cable in trade between each of those States and the United Kingdom 20·21 17·50 13·30 Community as originally constituted.

Article 5 2. The compensatory amounts applicable from 1 August 1973 shall be calculated on the basis of In trade between the new Member States and between the amounts referred to in paragraph 1 for the those States and the Community as originally con­ months of June and July by reference to the varia­ stituted the compensatory amounts shall be granted tion in the compensatory amounts applicable for or levied by whichever Member State has the higher the quantity of feed grains required to produce one price level for the quantity of feed grain specified in kilogramme of pigmeat in the Community. Article 1 of Regulation No 133 /67/EEC.

1.2 . 73 Official Journal of the European Communities No L 29 / 3

Article6¶

1 . In trade between the new Member States and 1 . Detailed rules for the granting, levying and third countries, the* compensatory amounts shall be recovery of the compensatory amounts shall be deducted from the levies or refunds . such as to prevent, in particular, deflection of trade and shall be adopted in accordance with the proce­ 2. If a compensatory amount is fixed for a given dure laid down in Article 24 of Regulation No product and the refund is lower than that compen­ 121 /67/ EEC . satory amount or has not been fixed, then , when 2. Detailed rules for the application of this Regu­ the product in question is exported to a third country, lation and in particular the compensatory amounts, provision may be made for a levy in the new Member other than those fixed in Article 1(1 ) shall be drawn State in question which shall not exceed the difference up by the same procedure. between the compensatory amount and the refund or, as the case may be, to the compensatory amount. 3 . The amounts referred to in Article 3 shall be determined by the Commission .

Article 9 Article 7 This Regulation shall enter into force on the day of The compensatory amount applicable shall be that its publication in the Official Journal of the Euro­ in force on the day of importation or exportation. peart 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