31973R0243

No L 29 / 26 Official Journal of the European Communities 1 . 2 . 73

REGULATION ( EEC ) No 243 /73 OF THE COUNCIL

of 31 January 1973

laying down general rules for the system of compensatory amounts for rice and fixing these amounts for certain products

THE COUNCIL OF THE EUROPEAN rice processing, as last amended by Regulation ( EEC ) COMMUNITIES, No 1499 / 72 ( 3 );

Having regard to the Treaty establishing the Euro­ Whereas for products listed in Article 1 ( 1 ) ( c) of pean Economic Community ; Council Regulation No 359/ 67/ EEC ( 4 ) of 26 June 1967 on the common organization of the market in rice, amended by the Act, the compensatory amount must be fixed with the help of the coefficients used Having regard to the Treaty (') concerning the Ac­ in determining the variable component of the levy ; cession of new Member States to the European whereas these coefficients were fixed by Council Economic Community and to the European Atomic Regulation ( EEC) No 1052/68 (5 ) of 23 July 1968 Energy Community, signed at Brussels on 22 January on the import and export system for products pro­ 1972 , and in particular Articles 55 ( 6) and 62 ( 1 ) of cessed from cereals and from rice, as last amended the Act annexed thereto ; by Regulation ( EEC ) No 1529/ 71 (6 );

Having regard to the proposal from the Commission ; Whereas, since the 'purpose of .compensatory amounts in intra-Community trade is to promote the satis­ factory circulation of products between Member Whereas under Article 80 of the Act compensatory States having different price levels, a compensatory amounts for round-grained and long-grained husked amount should fee levied on imports <to a Member rice and for broken rice must be established on the State with a higher price level and , conversely, such basis of the difference between the threshold price an amount should be granted on exports to a Mem­ and the market prices recorded on the market of the ber State with a lower price level ; new Member State concerned during a reference period ;

Whereas it therefore follows from Article 55 ( 1 ) ( a ) Whereas the new Member States have until now of the Act, according to which compensatory amounts are levied by the importing Member State obtained their supplies at world market prices ; or granted by the exporting Member State, that it whereas if these prices which are the basis for fixing is for the Member State with the highest price level levies adjusted for the difference in transport costs to grant oir levy these amounts ; are used, a price comparable to the threshold price and scarcely varying from one new Member State to another should be fixed for these new Member States, whereas compensatory amounts for husked Whereas Article 56 of the Act provides that appro­ and broken rice should therefore be fixed at an priate measures may be taken with a view to ensur­ identical level for the three new Member States ; ing the proper functioning of the common organi­ zation of the market when the world market price is higher than the price used in calculating the im­ Whereas the rules in Artide 80 (2) of the Act apply port charge introduced under the common agricul­ to compensatory amounts other than those specified tural policy, less the compensatory amount ; whereas above ; whereas under that Artidle the compensatory the measures aforesaid may in particular provide for amounts for paddy rice, semi-milled rice and fully the limited charge or grant of compensatory amounts milled rice will be derived from the compensatory depending on the fluctuations of prices on the world amount for the reference products with the help market ; whereas the terms on which these are to be of the coefficients established in Commission Regu­ limited must thereof be fixed ; whereas, moreover lation No 467/67/EEC (2) of 21 August 1967 fixing the limitation should be reflected equally in the the conversion rates, the processing costs and the compensatory amounts applicable to products pro­ value of the by-products for the various stages of cessed from rice.

(') OJ No L 73, 27. 3 . 1972, p . 5 . (*) OJ No 174, 31 . 7. 1967, p. 1 . (') OJ No 204, 24. 8. 1967, p . 1 . (5) OJ No L 179, 25 . 7. 1968, p . 8 . (s) OJ No L 158, 13 . 7. 1972, p. 22 . (8) OJ No L 162, 20. 7 . 1971 , p . 11 .

1.2 . 73 Official Journal of the European Communities No L 29 / 27

Article 3 Whereas it should be made clear that the application of Article 55 ( 1 ) ( b ) of the Act involves deduction of the compensatory amount from the levy or refund ; In trade between the Member States and the Com­ munity as originally constituted , compensatory Whereas it is necessary to provide for the possible amounts shall be levied or granted by that one of introduction, should the necessity arise, of a system the two Member States in question whose price of rules for advance fixing of the compensatory level used in determining the compensatory amounts amount ; is the higher. In trade between new Member States and third countries, the compensatory amounts shall Whereas appropriate measures must be taken to be deducted from the levy or refund. avoid deflection of trade where, in trade between a new Member State and third countries, the compen­ satory amount is to be deducted from the refund Article 4 or where the refund, if fixed at all , is lower than the compensatory amount ; 1 . The applicable compensatory amount shall be Whereas detailed rules for levying and granting that ruling on the day of importation or exportation. compensatory amounts should be such as to avoid deflections of trade caused, in particular, by dif­ 2. However, should the necessity arise , the de­ ferences in their levels ; cision may be taken , in accordance with the pro­ visions of Article 7 ( 1 ) to establish a system of rules Whereas for the sake of clarity the Commission for advance fixing of the compensatory amount. should be authorized to publish the compensatory amounts in the Annex listing those fixed by the Commission ; Article .S

HAS ADOPTED THIS REGULATION : 1 . If the levy for any product referred to in Ar­ ticle 1 is lower than the compensatory amount fixed for that product, the Commission shall , by applying the scale set out in the Annex, determine the amount Article / applicable by way of compensatory amount in trade between the Community as originally constituted and The compensatory amounts applicable until 31 the new Member States , and between those States August 1973 to trade between the Community as and third countries . originally constituted and the new Member States and between the new Member States and third Where, however, the amount of levy lies within the countries shall , for the following products, be as follows : range of values which includes the compensatory amount fixed in Article 1 , that compensatory amount shall continue to apply. Round-grained husked 9*90 units of account per rice : 100 kilogrammes ; 2. For semi-milled or wholly milled rice the Long-grained husked 1T45 units of account per amount applicable by way of compensatory amount rice : 100 kilogrammes ; shall be determined by the Commissiion in accord­ ance with the terms and on the conditions set out Broken rice : 4*55 units of account per in the foregoing paragraph, the amount to be taken 100 kilogrammes ; for purposes of levy being in this case the levy chargeable in respect of the product in question re­ duced by the amount representing the component for protection of the processing 'industry referred to Article 2 in Article 14 (3 ) of Regulation No 359/67/EEC.

The compensatory amounts applicable to paddy 3 . For the products referred to in Article 1 (c) of rice, semi-milled rice, milled rice and products Regulation No 359/67/EEC, the amount applicable specified in Article 1 ( 1 ) (c) of Regulation No 359/ by way of compensatory amount shall be determined 67/EEC shall be fixed with the help of the coef­ by the Commission by reference to the variations ficients provided in Regulations No 467/67/EEC in the amount or amounts determined under para­ and (EEC ) No 1052 /68 . graph 1 for the basic products concerned.

No L 29 / 28 Official Journal of the European Communities 1 . 2 . 73

Article 6 ( b ) the compensatory amounts provided for in Art­ icle 1 , for subsequent marketing years ; Where , for a given product, compensatory amount has been fixed , and the refund is lower than that ( c ) detailed rules for granting, levying and recovering compensatory amount, or has not been fixed , then , compensatory amounts , in such a way as to when the product in question is exported to a third avoid deflections of trade and distortion of com­ country , an amount not exceeding the difference petition ; between the compensatory amount and the refund , or , as the case may be , not exceeding the compen­ ( d ) other derailed rules for the application of this satory amount , may be levied in the new Member Regulation . State in question . 2. The Commission shall be authorized to publish the compensatory amounts together with the com­ Article 7 pensatory amounts fixed in Article 1 .

1 . The following shall be determined in accord­ ance with the procedure laid down in Article 26 Article S of Regulation No 359 / 67/ EEC : This Regulation shall enter into force on the day ( a ) the compensatory amounts provided for by Art­ of its publication in the Official Journal of the Euro­ icle 2 ; pean Economic 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 No L 29 / 29 Official Journal of the European Communities

ANNEX

Amounts applicable Amount of the Community levy as compensatory u.a . 100 kg amount u.a . 100 kg

from 16·80 to 16·21 16·50 from 16·20 to 15·61 15·90 from 15·60 to 15·01 15·30 from 15·00 to 14·41 14·70 from 14·40 to 13·81 14·10 from 13·80 to 13·21 13·50 from 13·20 to 12·61 12·90 from 12·60 to 1201 12·30 from 12 00 to 11·41 11·70 from 11·40 to 10·81 11·10 from 10·80 to 10·21 10·50 from 10·20 to 9·61 9·90 from 9·60 to 9 01 9·30 from 9·00 to 8 41 8·70 from 840 to 7·81 8·10 from 7·80 to 7·21 7·50 from 7·20 to 6 - 61 6·90 from 6·60 to 6·01 6·30 from 6·00 to 5·41 5·70 from 5·40 to 4·81 5·10 from 4·80 to 4·21 4·50 from 4·20 to 3·61 3·90 from 3·60 to 3·01 3·30 from 3·00 to 2·41 2·70 from 2·40 to 1·81 2·10 from 1·80 to 1·21 1·50 from 1·20 to 0·61 0·90 from 0·60 to 0·01 0·30 0 0