31973R0240

No L 29 / 16 Official Journal of the European Communities 1 . 2 . 73

REGULATION (EEC) No 240/73 OF THE COUNCIL

of 31 January 1973

laying down general rules for the system of compensatory amounts for plaice

THE COUNCIL OF THE EUROPEAN whereas this adjustment may be made by means COMMUNITIES, of coefficients calculated on the basis of those fixed in the framework of the system of withdrawal prices Having regard to the Treaty (') concerning the Ac­ for the common organization of the markets ; cession of new Member States to the European Economic Community and the European Atomic Whereas Article 55 (4) of the Act lays down that Energy Community, signed at Brussels on 22 Janu­ no compensatory amount shall be fixed if the cal­ ary 1972, and in particular Article 62 ( 1 ) of the Act culation thereof results in a minimal amount ; annexed thereto ; whereas it is , therefore, desirable that the minimum amount to be adopted in that eventuality should be Having regard to the proposal from the Commis­ fixed ; sion ;

Whereas, since the aim of compensatory amounts Whereas Articles 51 and 52 of the Act lay down in intra-Community trade is to allow movement that in respect of the new Member States, the of products on satisfactory terms between two prices shall be fixed at a ilevel which may be dif­ Member States in which there are different price ferent from that of the common prices ; whereas in levels, a compensatory amount should be levied in respect of fishery products a guide price has been the case of imports into the Member State which has fixed which is different from the common guide a higher level of prices, in this case Ireland, and, prices ; whereas this price is valid in Ireland for conversely, such an amount should be granted in plaice ; the case of exports from Ireland to the other Member States which have a lower price level ; Whereas under the terms of Article 55 of the Act differences in prices are to be compensated by a Whereas Article 55 ( 1 ) ( a ) of the Act lays down system of compensatory amounts ; that compensatory amounts shall be levied by the importing Member State or granted by the export­ Whereas, under these circumstances, the compen­ ing Member State ; whereas the task of levying or satory amounts applicable in trade with Ireland are granting these amounts falls therefore to the Mem­ equal to the difference between the prices fixed for ber State in which the price level is the higher, in that State and the common prices, and whereas the this case Ireland ; difference must be adjusted in so far as is necessary by the incidence of customs duties ; Whereas the fixing of the detailed rules for levying and granting compensatory amounts should be Whereas, in trade between Irdand and third coun­ planned in such a way as to avoid distortions of trade ; tries this incidence is not to be taken into account, the rate of customs duties levied by this new Member State in respect of these countries being HAS ADOPTED THIS REGULATION : identical to that applied in respect of the latter by the Community as originally constituted ;

Article 1 Whereas, in the remainder of Ireland's trade, this incidence must be calculated as a flat rate on the The compensatory amounts in respect of plaice fal­ basis of the guide .prices and taking into ling within heading 03.01 Bio) 1 of the Common account that, in cases where the compensatory Customs Tariff shall be subject to the following amount is granted, the prices of the importing rules . country already include the customs duty ;

Whereas, in respect of plaice meeting commercial Article 2 specifications other than those taken into account when the guide prices were fixed, the guide prices 1 . In trade between Ireland and the other new used in calculating the compensatory amount must Member States and in trade between Ireland and be adjusted according to the differences in quality ; the Community as originally constituted, the com­ pensatory amounts shall be composed of two ele­ (!) OJ No L 73, 27. 3 . 1972, p . 5 . ments :

No L 29 / 17 1 . 2 . 73 Official Journal of the European Communities

Member State to the amount which would therefore ( a ) the basic compensatory amount, hereinafter called ' basic amount', be increased and would reach the level of the com­ mon guide price . ( b ) the incidence of the customs duty . 2. Where other products falling within tariff head­ 2. In trade between Ireland and third countries the ing 03.01 B I o ) 1 are exported from Ireland to the incidence of the customs duty shall not t?e taken into other new Member States and the Community as account in calculating the compensatory amount. originally constituted, the incidence of the customs duty shall be established in accordance with para­ graph 1 and the guide price shall be adjusted by Article i quality conversion factors .

1 . In respect of plaice meeting the commercial Article 6 specifications of the product which served as the basis for establishing the guide price, the basic amount and, in trade between Ireland and third The quality conversion factors referred to in Article 3 ( 2 ), Article 4 ( 2 ) and Article 5 (2) shall be established countries, the compensatory amount, shall be equal to the difference between the guide price for plaice on the basis of those determined for the purposes of fixed for Ireland and the common guide price for applying Article 10 of Council Regulation (EEC) this product. No 2142/70 (') of 20 October 1970 on the common organization of the market in fishery products as 2. In respect of other products falling within tariff last amended by the Act. heading 03.01 B I o) 1 , the amounts referred to in paragraph 1 shall be equal to the difference indicated Article 7 in that paragraph, adjusted by quality conversion factors . 1 . For imports into Ireland from the other new 3 . The incidence of the customs duty shall be a Member States and the Community as originally flat rate amount reflecting the effect of the applica­ constituted, the basic amount shall be reduced by the tion of customs duties on the price of the imported incidence of the customs duty. product. 2. For exports from Ireland to the other new Member States and the Community as originally Article 4 constituted the basic amount shall be increased by the incidence of the customs duty. 1 . Where plaice which meets the commercial speci­ fications of the product which served as the basis Article 8 for establishing the guide price is imported into Ire­ land from the other new Member States and the Community as originally constituted , the incidence Ireland shall levy the compensatory amounts on of the customs duty shall be established by adjusting imports and grant the compensatory amounts on ex­ the common guide price by the customs duty applied ports. In the latter case these will be in addition to by Ireland to imports from the same countries. the export refunds.

2. Where the other products falling within tariff Article 9 heading 03.01 B I o) 1 are imported into Ireland from the other new Member States and the Com­ munity as originally constituted, the incidence of the 1 . If the incidence of the customs duty per 100 customs duty shall be established in accordance with kilogrammes is less than one unit of account, the paragraph 1 and, in addition, the guide price shall compensatory amount shall be equal to the basic amount . be adjusted by quality conversion factors.

2. No compensatory amount shall be fixed below Article S 0*5 units of account per 100 kilogrammes.

1 . Where plaice which meets the commercial speci­ fications of the product which served as the basis Article 10 for establishing the guide price is exported from Ireland to the other new Member States and the The compensatory amount to be applied is that in Community as originally constituted the incidence force on the day of importation or exportation. of the customs duty shall be established by applying the rate of customs duty applicable in the importing (l ) OJ No L 236, 27. 10. 1970, p. 5 .

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Article 1 1 2 . The compensatory amounts shall be fixed in accordance with the procedure referred to in para­ graph 1 . 1 . The detailed rules for the application of this Regulation and the detailed rules for granting, levy­ ing and recovering compensatory amounts , adopted Article 12 in particular in order to prevent distortions of trade, shall be adopted in accordance with the procedure This Regulation shall enter into force on the day laid down in Article 29 of Regulation ( EEC ) of its publication in the Official Journal of the Euro­ No 2142 / 70 . pean 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