31973R0471

No L 53 /54 Official Journal of the European Communities 26 . 2 . 73

REGULATION (EEC) No 471 /73 OF THE COMMISSION of 31 January 1973 on certain transitional measures applicable in the new Member States in respect of colza and rape seed

THE COMMISSION OF THE EUROPEAN Whereas the objective referred to above may also be COMMUNITIES , attained if the system of declaring quantities held on 31 January 1973 and lodging a deposit is replaced by a control system for imports of colza and rape Having regard to the Treaty establishing the European seed ; whereas a control system of this kind is being Economic Community ; applied during the 1972/73 marketing year in Denmark ;

Having regard to the Treaty (x ) concerning the Whereas the subsidy and export refund must not be Accession of new Member States to the European granted in respect of seeds harvested in the new Economic Community and the European Atomic Member States during the 1972/73 marketing year Energy Community , signed at Brussels on 22 January for which a national subsidy has been granted , nor 1972 ; in respect of seeds harvested in the Community as originally constituted and exported before 1 February to the new Member States ; Having regard to the Act (2) concerning the Conditions of Accession and the Adjustments to the Treaties, Whereas the measures provided for in this Regulation and in particular Article 63 ( 1 ) thereof ; are in accordance with the Opinion of the Manage­ ment Committee for Oils and Fats ; Whereas arrangements should be made to ensure that the transition in the new Member States from the existing arrangements for colza and rape seed to HAS ADOPTED THIS REGULATION : those provided for by Council Regulation No 136/66/ EEC (3) of 22 September 1966 on the common organ­ ization of the market in oils and fats is as smooth as Article 1 possible ; All persons in Ireland and in the United Kingdom who hold 5 000 kg or more of colza and rape seed Whereas, to prevent the subsidy provided for in shall not later than 2 February declare to the compe­ Article 27 of Regulation No 136/66/EEC, or the tent authorities of the Member State in which the refund provided for in Article 28 thereof, from being seeds are located the total quantity held by them as granted irregularly after 1 February 1973 in respect at 24.00 hours on 31 January 1973 , specifying : of seeds originating outside the new Member States and imported into a new Member State before that — the quantities of seed harvested in the Member date, provision must be made for all holders of a State in question during the 1972/73 marketing certain minimum quantity of seeds to declare to the year, and competent authorities of the new Member State in question the quantity held on 31 January 1973 , and — the quantities of other seed. to lodge a deposit in respect of such quantity less any quantity which can be proved to have been harvested Article 2 in the new Member States during the 1972/73 market­ ing year ; whereas this deposit should be released upon 1 . The quantities referred to in Article 1 which are proof being supplied that the seeds have been placed located in an oil mill shall be considered as imported under the control system provided for in Article 2 of seed, save as regards those quantities in respect of Council Regulation (EEC) No 2114/71 (4) of 28 Sep­ which proof is adduced that they were harvested in tember 1971 on the subsidy for oilseeds or have been that Member State during the marketing year 1972/73 . rendered ineligible for the subsidy ; 2. Security shall be given in the Member State concerned in respect of the quantities referred to in Article 1 which are not located in an oil mill , less ( 1) OJ No L 73 , 27. 3 . 1972 , p. 5 . any quantities in respect of which proof is adduced (2) OJ No L 73 , 27 . 3 . 1972 , p. 14 . (3) OJ No 172 , 30. 9 . 1966 , p. 3025 /66 . that they were harvested in that Member State during (4) OJ No L 222, 2 . 10 . 1971 , p. 2 . the 1972/73 marketing year .

26 . 2 . 73 Official Journal of the European Communities No L 53 /55

3 . The security referred to in paragraph 2 shall, for Article 3 every 100 kg of colza and rape seed, the weight thereof to be determined by the method laid down in During February 1973 , Ireland and the United King­ the Annex to Commission Regulation (EEC) No dom shall notify the Commission of : 1204/72 ( x) of 7 June 1972 laying down detailed rules for the application of the subsidy system for oil ( a) quantities in respect of which declarations have seeds, be equal to : been made pursuant to Article 1 ; — 12 units of account for seed harvested in Ireland ; (b) quantities in respect of which security has been — 6 units of account for seed harvested in the United given pursuant to Article 2 paragraph 2. Kingdom.

Article 4 4. The security shall take the form , at the choice of the holder, either of cash or of a guarantee given by an institution which satisfies certain criteria prescribed Colza and rape seed harvested in the Community as by each Member State . originally constituted and in respect of which customs formalities for export to the new Member States 5 . The security shall be released if, within nine are completed before 1 February 1973 shall be con­ months of its being constituted, proof is given that sidered as seeds coming from third countries. the seeds in respect of which the security was consti­ tuted : Article 5 — have been placed under the control system provided for in Article 2 of Regulation (EEC) No 2114/71 , This Regulation shall enter into force on the day of or its publication in the Official Journal of the European Communities . — have been rendered ineligible for the subsidy within the meaning of Article 31 of Regulation (EEC) No 1204/72 . It shall apply from 1 February 1973 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 31 January 1973 .

For the Commission The President

Francois-Xavier ORTOLI

O OJ No L 133 , 10 . 6 . 1972 , p. 1 .