31973R0237

No L 2 9 / 9 1.2 . 73 Official Journal of the European Communities

REGULATION (EEC) No 237/73 OF THE COUNCIL

of 31 January 1973 laying down general rules for the system of compensatory amounts for eggs

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

Having regard to the Treaty establishing the Euro­ Whereas the compensatory amounts for the other pean Economic Community ; products specified in Council Regulation No 122/67/ EEC (*) of 13 June 1967 on the common organiza­ tion of the market in eggs, as last amended by the Having regard to the Treaty ( l ) concerning the ac­ Act must be derived from the compensatory amount cession of new Member States to the European for eggs in shell with the help of the coefficients Economic Community and the European Atomic used in calculating the levy ; Energy Community, signed at Brussels on 22 January 1972, and in particular Articles 47 (5 ) and 62 ( 1 ) of the Act annexed thereto ; Whereas pursuant to Article 47 ( 1) of the Act the compensatory amount for ovalbumin and lactal­ bumin must be calculated on the basis of the com­ Having regard to the proposal from the Commission ; pensatory amount for eggs in shell in accordance with the rules laid down in Article 2 of Council Regulation No 170/67/EEC (5) of 27 June 1967 Whereas pursuant to Article 55 of the Act the dif­ on the common system of trade for ovalbumin ferences in price levels for agricultural products and lactalbumin and repealing Regulation No between the Community as originally constituted 48 /67/EEC, as amended by Regulation (EEC) No and the new Member States are to be compensated 1081 /71 (•); by the levying or granting of compensatory amounts applicable in trade between them, and between the new Member States and third countries ; whereas Whereas the compensatory amounts for cereals are such compensatory amount for eggs must be calcu­ applicable until 31 July 1973 ; whereas the same lated in accordance with Article 77 of the Act; period of applicability should therefore be provided for in respect of eggs ;

Whereas the compensatory amount per kilogramme of eggs in shell must be calculated on the basis of Whereas, in pursuance of Article 7 of Regulation the compensatory amount applicable to the quantity (EEC) No 229/73 , the levying or granting of com­ of feed grain required for the production in the pensatory amounts for cereals can be limited in Community of 1 kilogramme of eggs in shell ; where­ order to deal with the situation referred to in Article as this quantity of feed grain was fixed by Council 56 of the Act; it is necessary to take this restriction Regulation No 145 /67/EEC (2 ) of 21 June 1967 laying into account for egg products, viewed as products down general rules for calculating the levy and the derived from cereals, in order to ensure the proper sluice-gate price for eggs ; functioning of the common organization of the markets ;

Whereas the compensatory amount per egg for hatching is calculated in accordance with the same Whereas since the aim of the compensatory amounts criteria ; in intra-Community trade is to provide satisfactory conditions for the movement of products between two Member States with different price levels, a Whereas the compensatory amounts for feed grain compensatory amount must be levied for imports were fixed in accordance with Council Regulation into a Member State having a higher price level for (EEC) No 229/73 (3) of 31 January 1973 laying down feed grain, and, conversely, must be granted for general rules for the system of compensatory amounts exports to a Member State having a lower price for cereals ; level for feed grain;

(l ) OJ L 73, 27. 3. 1972, p. 5 . («) OJ No 117, 19 . 6. 1967, p . 2293/67. (») OJ No 125, 26. 6. 1967, p. 2467/67. (») OJ No 130, 28 . 6. 1967, p. 2596/67. (') OJ No L 27, 1 . 2 . 1973 , p . 25 . (•) OJ No L 116, 28 . 5 . 1971 , p. 9.

No L 29 / 10 Official Journal of the European Communities t . 2.73

Whereas, consequently, Article 55 ( 1 ) (a) of the Act, Article 4 under which compensatory amounts are to be levied by the importing Member State or granted by the 1 . If on one or more days in a month Article 7 exporting Member State, means that the task of of Regulation (EEC) No 229/73 is applied, the levying or granting these amounts falls to the Mem­ amount applicable in the following month as com­ ber State having the higher price level ; pensatory amount for the products referred to in Articles 1 , 2 and 3 shall be fixed each month in rela­ Whereas rules must be laid down for the levying tion to the average of the amounts fixed during the and granting of compensatory amounts in such a first 25 days of the preceding month for the cereals way as to avoid deflection of trade ; included in the quantity of feed grains referred to in Article 1 of Regulation No 145/67/ EEC.

However, if the amount shows a variation of less HAS ADOPTED THIS REGULATION : than 5 % from the amount fixed for . the previous month, it shall be maintained unchanged.

Article 1 2. The amounts applicable during February 1973 shall be equal to the compensatory amounts fixed in accordance with Articles 1 , 2 and 3 , less the dif­ 1 . The compensatory amounts for eggs in shell ference between those compensatory amounts and the applicable until 31 July 1973 in trade between the amounts calculated from the average for the levies Community as originally constituted and the new during the first 25 days of January 1973 for the Member States , and between those States and third cereals concerned . countries , shall be as shown in the Annex .

2. The compensatory amounts applicable from 1 August 1973 shall be cailcullated on the basis of the amounts referred to in paragraph 1 , according to Article 5 the variation in the compensatory amounts applicable to the quantity of feed grain necessary for production The compensatory amounts applicable in trade in the Community of 1 kg of eggs in shell or one between two new Member States shall be equal to hatching egg. the difference between the compensatory amounts applicable in trade between each of those States and the Community as originally constituted . Article 2

The compensatory amounts for the products specified in Article 1 ( 1 ) (b) of Regulation No 122/67/EEC, Article 6 applicable in trade between the Community as origi­ nally constituted and the new Member States, and In trade between the new Member States and between between those States and third countries, shall be those States and the Community as originally con­ derived from the compensatory amount for eggs in stituted the compensatory amounts shall be granted shell, other than eggs for hatching, with the help or levied by that one of the Member States in question of the coefficients expressing the ratio specified in in which the price level for the quantity of feed Article 5 (2) of the Regulation aforesaid. grain specified in Annex I to Regulation No 145/67/EEC is the higher.

Article3¶

The compensatory amounts for the products speci­ Article 7 fied in Article 1 of Regulation No 170/67/EEC, applicable in trade between the Community as 1 . In trade between the new Member States and originally constituted and the new Member States, third countries, the compensatory amounts shall be and between those States and third countries, shall deducted from the levies or refunds . be derived from the compensatory amount for eggs in shell, other than eggs for hatching, with the help of the coefficients specified in Article 2 ( 1 ) of the 2. If a compensatory amount is fixed for a given Regulation aforesaid. product and the refund is lower than that compen­

1.2 . 73 No L 29 / 11 Official Journal of the European Communities

satory amount or has not been fixed, then , when the and shall be adopted in accordance with the pro­ product in question is exported to a third country, cedure laid down in Article 17 of Regulation No 122 / 67/ EEC . the new Member State in question may levy an amount equal to and not more than the difference between the compensatory amount and the refund or, 2. Detailed rules for the application of this Regula­ as the case may be, to the compensatory amount. tion and in particular the compensatory amounts other than those fixed in Article 1 ( 1 ) shall be drawn up according to the same procedure. Article S 3 . The amounts referred to in Article 4 shall be The compensatory amount applicable shall be that fixed by the Commission . in force on the day of importation or exportation .

Article9¶

1 . Detailed rules for the granting, levying and This Regulation shall enter into force on the day recovery of the compensatory amounts shall be of its publication in the Official Journal of the such as to prevent, in particular, deflection of trade 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

ANNEX

Trade with : CCT heading Description No United Denmark Ireland Kingdom

1 2 3 4 J

u.a./ 100 pieces u . a . / 100 pieces u.a. / 100 pieces

04.05 Birds' eggs and egg yolks, fresh, dried or otherwise preserved , sweetened or not :

A. Eggs in shell, fresh or pre­ served : 1 . Poultry eggs : a ) Eggs for hatching ( a) 00830 0·4485 0·8829

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

b) Other 0·8556 4·6210 9·0982

(a) Only poultry eggs which fulfil the conditions stipulated by the competent authorities of the European Com­ munities arc eligible for entry under this subheading .