31973R0235

No L 29 /4 Official Journal of the European Communities 1 . 2 . 73

REGULATION (EEC) No 235/73 OF THE COUNCIL of 31 January 1973

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

THE COUNCIL OF THE EUROPEAN Whereas, moreover, account should be taken of the COMMUNITIES, economic situation of poultry production in the new Member States ;

Having regard to the Treaty establishing the Euro­ pean Economic Community ; Whereas the compensatory amount for the other products covered by Council Regulation No 123/67/ EEC (4) of 13 June 1967 on the common organiza­ Having regard to the Treaty (') concerning the Acces­ tion of the market in poultrymeat, as last amended sion of new Member States to the European Economic by the Act must be derived from the compensatory Community and the European Atomic Energy Com­ amount applicable to slaughtered poultry with the munity, signed at Brussels on 22 January 1972, and help of the coefficients used for the calculation of in particular Article 62 ( 1 ) of the Act annexed thereto ; the levy ;

Having regard to the proposal from the Commission : Whereas the compensatory amounts for cereals are applicable until 31 July 1973 ; whereas the same period of applicability should therefore be provided Whereas, pursuant to Article 55 of the Act, differences for in respect of poultrymeat ; in the price levels of agricultural products between the Community as originally constituted and the new Whereas, in pursuance of Article 7 of Regulation ( EEC) Member States are to be compensated by levying No 229/73 , the levying or granting of compensatory or granting compensatory amounts applicable in trade amounts for cereals can be limited in order to deal between the new Member States and in trade between with the situation referred to in Article 56 of the the new Member States and third countries ; whereas Act , it is necessary to take this restriction into account such amounts are to be calculated in respect of for poultrymeat products, viewed as products derived poultry meat in accordance with Article 79 of the from cereals , in order to ensure the proper func­ Act ; tioning of the common organization of the market;

Whereas the compensatory amount applicable per Whereas, since the aim of compensatory amounts in kilogramme of slaughtered poultry must be calcula­ intra-Community trade is to provide satisfactory ted on the basis of the compensatory amounts appli­ conditions for the movement of products between cable to the quantity of feed grain which is required two Member States with different price levels, a for the production in the Community of 1 kg of compensatory amount must be levied for imports slaughtered poultry; whereas this quantity of feed into a Member State having a higher price level for grain was fixed in Annex I to Council Regulation feed grain and, conversely, such an amount must be No 146/67/EEC (2) of 21 June 1967 laying down granted for exports to a Member State having a rules for calculating the levy and the sluice-gate lower price level for feed grain ; price for poultrymeat;

Whereas, consequently, Article 55 ( 1 ) (a) of the Act, Whereas the compensatory amount applicable per under which compensatory amounts are to be levied chick is calculated in accordance with the same by the importing Member State or granted by the criteria ; exporting Member State, means that the task of levying or granting such amounts falls to the Mem­ ber State having the highest price level for feed Whereas the compensatory amounts applicable to feed grain were fixed in accordance with Council grain ; Regulation (EEC) No 229/73 (s) of 31 January 1973 laying down general rules for the system of compen­ Whereas rules must be laid down for the levying and satory amounts for cereals ; granting of compensatory amounts in such a way as to avoid deflection of trade ; (') OJ No L 73, 27. 3. 1972, p. 5. (") OJ No 125, 26. 6. 1967, p. 2470/67. (s) OJ No L 27, 1 . 2 . 1973, p . 25 . C) OJ No 117, 19. 6. 1967, p. 2301/67.

1.2 . 73 Official Journal of the European Communities No L 29/5

HAS ADOPTED THIS REGULATION : accordance with Articles 1 and 2 less the difference between those compensatory amounts and the amounts calculated in the light of the average of the Article i levies valid during the first 25 days of January 1973 for the cereals in question.

1 . The compensatory amounts for slaughtered poultry and chicks, applicable in trade between the Community as originally constituted and the new Article 4 Member States, and between those States and third countries, until 31 July 1973 , are fixed in the Annex The compensatory amounts applicable in trade bet­ hereto . ween two new Member States shall be equal to the difference between the compensatory amounts applicable in trade between those new Member 2. The compensatory amounts applicable from States respectively and the Community as originally 1 August 1973 shall be calculated on the basis of constituted . the amounts referred to in paragraph 1 by reference to the variation in the compensatory amounts ap­ plicable for the quantity of feed grains required to produce 1 kg of poultrymeat or one chick in the Article S Community .

In trade between the new Member States, and bet­ ween those States and the Community as originally constituted, the compensatory amounts shall be Article 2 levied or granted by that one of the two Member States concerned whose price level for the quantity of feed grain referred to in Annex I of Regulation The compensatory amounts for the products referred No 146/67/EEC is the higher. to in Article 1 ( 2) ( d ) of Regulation No 123 /67/EEC, applicable in trade between the Community as ori­ ginally constituted and the new Member States, and between those States and third countries, shall be Article 6 derived from the compensatory amount applicable to slaughtered poultry with the help of the coeffi­ 1 . In trade between the new Member States and cients expressing the ratios referred to in Article 5 ( 1 ) third countries, the compensatory amounts shall be of the abovementioned Regulation. deducted from levies and refunds .

2. If, where a compensatory amount is fixed for a product, the refund is lower than that compen­ satory amount, or is not fixed, provision may be Article 3 made for the levy in the new Member State con­ cerned, when exporting the product in question to third countries, of an amount not exceeding the 1 . If on one or more days in a month Article 7 of difference between the compensatory amount and Regulation ( EEC) No 229/73 is applied, the amount the refund or, as the case may be, not exceeding applicable in the following month as the compen­ the compensatory amount. satory amount for the products referred to in Articles 1 and 2, shall be determined monthly on the basis of the average of the amounts determined during the first 25 days of the preceding month for Article 7 the cereals included in the quantity of feed grain referred to in Article 1 of Regulation No 146/67/EEC. The compensatory amount applicable shall be that in force on the day of importation or exportation. However, if the amount varies by less than 5°/o of the amount determined for the preceding month it shall remain unchanged. Article 8

2. The amounts applicable during February 1973 1 . Detailed rules for the granting, levying and shall be equal to the compensatory amounts fixed in recovery of compensatory amounts shall be laid

No L 29 / 6 Official Journal of the European Communities 1 . 2 . 73

down in such a way as to prevent, in particular, 3 . The amounts referred to in Article 3 shall be deflection of trade and in accordance with the fixed by the Commission . procedure laid down in Article 17 of Regulation No 123 / 67 / EEC . Article 9 2. Detailed rules for the application of this Regula­ tion and in particular compensatory amounts other This Regulation shall enter into force on the day of than those determined in Article 1 ( 1 ) shall be drawn its publication in the Official Journal of the European up according to the same procedure. 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 29/7

ANNEX

Trade with CO heading Description of goods No United Denmark Ireland Kingdom

1 2 4 5

u.a. / 100 units u.a. / 100 units u.a. / 100 units

01.05 Live poultry , that is to say , fowl, ducks, geese, turkeys, and guinea fowls :

A. Of a weight not exceeding 1 85 g ( known as 'chicks') 01328 0·7175 1 4127

u.a. / 100 kg u.a. / 100 kg u.a. / 100 kg

02.02 Dead poultry (that is to say, fowls, ducks geese, turkeys, and guinea fowls) and edible offals thereof ( except liver), fresh, chilled, or frozen :

A. Whole poultry : 1 . Fowl : a ) Plucked and gutted, with heads and feet, known as ' 83 % chickens' 0·3346 3·7294 6·6737 b ) Plucked and gutted , without heads and feet, but with hearts, livers, and gizzards, known as ' 70 °/o chickens ' 0·3859 4·3016 7·6976 c ) Plucked and drawn , without heads and feet and without hearts, livers, and gizzards, known as '65 % chickens * 0·4277 4·7678 8·5318

II . Ducks : a ) Plucked, bled, not drawn or gutted with heads and feet, known as ' 85 °/o ducks' 1·0278 5·5428 10·9547 b) Plucked and drawn, without heads and feet, with or without hearts, livers, and gizzards, known as ' 70 °/o ducks ' 1·2486 6·7334 13·3077

III . Geese : a ) Plucked, bled , not drawn , with heads and feet, known as ' 82 °/o geese' 1·1038 5·9527 11·7648 b) Plucked and drawn , without heads and feet, with or without hearts and gizzards, known as '75 °/o geese' 1·2051 6·4992 12·8448

IV . Turkeys 0 9699 5·2306 10·3376

V. Guinea fowls 1·5091 8·1386 16·0840