31973R0648

9 . 3 . 73 Official Journal of the European Communities No L 64/ 1

I

( Acts whose publication is obligatory)

REGULATION ( EEC) No 648 /73 OF THE COMMISSION of 1 March 1973 laying down detailed rules for the application of 'monetary' compensatory amounts

THE COMMISSION OF THE EUROPEAN and third countries ; whereas ( a ) now applies to COMMUNITIES , Germany and the Benelux countries while ( b ) applies to France and Italy ; Having regard to the Treaty establishing the Euro­ pean Economic Community ; Whereas , pursuant to Article 1 ( la ) of the same Regulation, if an exchange rate other than that Having regard to Council Regulation ( EEC ) No corresponding to the parity of the currency of a 974/71 (*) of 12 May 1971 on certain measures of Member State is used for the purpose of conversions conjunctural policy to be taken in agriculture between units of account and that currency, Article following the widening of the margins of fluctuation 1 ( 1 ) applies by analogy where, for the currency in for the currencies of certain Member States , as last question , the average spot market rate during a amended by Regulation (EEC ) No 509 /73 ( 2 ), and period to be determined differs by at least 1 % from in particular Article 6 thereof ; the exchange rate used ; whereas this applies at present to the English pound and the Irish pound ;

Having regard to the Opinion of the Monetary Com­ mittee ; Whereas , however, pursuant to Article 2a of that Regulation , the compensatory amounts thus calculated Whereas Article 1 ( 1 ) of Regulation ( EEC ) No 974/ 71 for each Member State are subtracted from each provides that if, for the purposes of commercial other or added to each other as the case may be ; transactions , a Member State allows the exchange whereas they are levied on imports or granted on rate of its currency to fluctuate by a margin wider exports by that Member State of the two Member than the one permitted by the international rules in States concerned whose currency has appreciated force on 12 May 1971 , most or depreciated least in relation to the percentage differences used to calculate compensatory amounts ; ( a ) the Member State whose currency has appreciated by more than the margin of fluctuation should levy compensatory amounts on imports and grant Whereas it should be stressed that compensatory compensatory amounts on exports , amounts are essentially quite different from levies and refunds ; ( b ) the Member State whose currency has depreciated by more than the margin of fluctuation should levy compensatory amounts on exports and grant compensatory amounts on imports Whereas , for the purpose of applying Article 1 ( la ) and Article 2 ( 1 ) of that Regulation, it is necessary to specify the period during which the spot market of agricultural products and products obtained from rates which will ultimately be averaged for the agricultural products in trade with Member States purpose of calculating compensatory amounts should be recorded ; whereas the period chosen must be sufficiently representative of the movement of (») OJ No L 106, 12 . 5 . 1971 , p. 1 . exchange rates and at the same time allow these (2 ) OJ No L 50, 23 . 2 . 1973 , p. 1 . rates to be followed as closely as possible when

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compensatory amounts are fixed ; whereas in principle declared their unwillingness to apply compensatory a period of 7 days chosen in the light of administrative amounts in trade with each other ; whereas , as far considerations would serve ; as trade is concerned, this arrangement made within the framework of the economic union between Belgium, Luxembourg and the Netherlands cannot Whereas the most representative spot market rates operate properly unless the compensatory amounts should be used for the calculation ; applicable in these three Member States are identical ; whereas an arrangement should therefore be made, pursuant to Article 233 of the Treaty, whereby Whereas calculation of compensatory amounts uniform compensatory amounts could be fixed for should be based on single prices ; whereas this these three Member States ; whereas they should be solution does however pose problems in trade in considered as a single Member State ; agricultural products with the new Member States where price levels are, generally speaking, lower than the single prices ruling in the original Member Whereas , in the interests of harmonization , the day States ; whereas this difference is compensated by of importation for the purpose of applying the compensatory amounts introduced by Article 55 compensatory amounts should be the day of of the Act 0 ) annexed to the Treaty ( 2 ) concerning importation used for the purpose of determining the Accession of new Member States to the European customs duties and levies and the day of exportation Economic Community and the European Atomic should be the day of exportation used for the purpose Energy Community, signed at Brussels on 22 January of determining export refunds ; 1972 , or, where the levy is less than these compensatory amounts , by an amount applicable by way of compensatory amount ( both of these amounts are referred to hereinafter as ' " accession " Whereas, before the compensatory amount can be compensatory amounts '); whereas allowance must be paid in respect of a product exported to another made for this situation by increasing or reducing the Member State, proof must be given that the product ' accession ' compensatory amount in the light of the has left the geographical territory of the Member monetary situation of the Member States in question ; State in which customs export formalities were completed ; Whereas the situation as regards trade with third countries is somewhat analogous to that of trade with the new Member States ; whereas the same Whereas the system provided for by this Regulation method of calculation should therefore be used ; can only apply to products which are in free circulation within the Community ; whereas products in respect of which a compensatory amount is Whereas Article 4a ( 2 ) of Regulation ( EEC ) No granted on export must be of a quality which per­ 974/71 limits the ' monetary ' compensatory amount mits of their being marketed under normal con­ applicable as a result of the depreciation of a ditions ; currency to the level of charges levied on imports from third countries ; whereas, to ensure that this provision is complied with, provision must be made Whereas, if the compensatory amount to be applied for the fixing at regular intervals by the Commission is to vary according to Member State, provenance of the amount by which the ' monetary' compensatory and destination, it will be necessary to verify which amount should , where appropriate, be reduced ; compensatory amount has been applied to a given product; whereas, to this end , it is essential that Whereas Belgo-Luxembourg Economic Union and the special particulars be entered on the movement Netherlands have agreed to maintain between their documents ; currencies the margins of fluctuation valid before 9 May 1971 ; whereas , therefore, for these Member States the widening of the margins of fluctuation Whereas, for administrative reasons, applications for only effects trade with other Member States and third payment of compensatory amounts must be lodged countries , intra-BLEU trade and trade between BLEU within a reasonable period of time ; and the Netherlands being unaffected ; whereas the Member States in question have for this reason

Whereas the import charge on certain agricultural products subject to the compensatory amounts (>) OJ No L 73 , 27. 3 . 1972, p. 14 . system is increased if a lower price limit is not ( 2 ) OJ No L 73 , 27. 3 . 1972 , p. 5 . respected on importation ;

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Whereas , in view of the obligation to apply the Whereas Commission Regulation ( EEC ) No parities declared to the International Monetary Fund , 1013 /71 ("') of 17 May 1971 laying down detailed this means that when a currency appreciates the price rules for the application of Regulation ( EEC ) No ot" these products is increased ; whereas the price in 974/ 71 on certain measures of conjunctural policy to question expressed in the currency of Member States be taken in agriculture following the temporary which have taken the monetary measures in question widening of the margins of fluctuation for the cur­ is increased in relation to that price expressed in the rencies of certain Member States , as last amended by currency of third countries and whereas, in addition , Regulation ( EEC ) No 449 / 73 ( 6 ), which has been a compensatory amount is levied on importation ; amended on numerous occasions , should be replaced whereas when a currency depreciates on the other by a consolidated text which would retain only those hand , there is a danger that the lower price limit provisions which still apply ; will not be respected ; Whereas the measures provided for in this Regulation are in accordance with the' Opinions of the Whereas this difficulty could be overcome by the Management Committees for Fruit and Vegetables , introduction of an arrangement whereby this lower for Wine, for Oils and Fats, for Cereals , for Pigmeat, price limit would be regarded as having been for Poultrymeat and Eggs, for Sugar, for Milk and respected where the offer price of a product supplied , Milk Products , for Beef and Veal , for Products plus a sum reflecting the incidence of the monetary Processed from Fruit and Vegetables, for Tobacco , situation on the limit in question , does not fall below for Flax and Hemp , and for Fisherv Products ; that limit ;

HAS ADOPTED THIS REGULATION : Whereas Article 14 of Council Regulation ( EEC ) No 805 / 68 (') of 27 June 1968 on the common organization of the market in beef and veal, as last Article 1 amended by Regulation ( EEC ) No 187/ 73 ( 2 ), provides for the total suspension of the levy on imports of fro7.cn meat intended for the manufacture of certain This Regulation lays down detailed rules for the preserves to ensure that the Community processing application of the system of compensatory amounts industry can procure satisfactory supplies ; ( hereinafter called ' " monetary " compensatory amounts ') introduced by Article 1 of Regulation ( EEC ) No 974/ 71 . Whereas , largely because there are no compensatory amounts for products manufactured from this meat, Article 2 the Community processing industry has been placed at a disadvantage vis-a-vis processing industries in third countries ; whereas this situation should be The period referred to in the second subparagraph corrected by suspending the levying of compensatory of Article 1 ( la ) and the second indent of Article 2 amounts on this meat ; ( 1 ) of Regulation ( EEC ) No 974/ 71 shall run from a Thursday to the following Wednesday . The first period to be taken into consideration shall be 15 to 21 February 1973 . Whereas this suspension should be subject to the introduction of arrangements to ensure that the meat is in fact processed ; whereas the arrangements Article 3 provided for in Council Regulation ( EEC ) No 888 /68 of 28 June 1968 (3 ) laying down general rules on The following spot market rates against the US dollar special import terms for certain frozen meats intended shall be used for the purpose of fixing compensatory for processing, as last amended by Regulation ( EEC ) amounts : No 2725 /71 ( 4 ), could be used for this purpose, provision being made for the lodging of a deposit equal to the compensatory amount ; ( a ) for the Belgian franc and the Luxembourg franc : the average official rate fixed each working day during official dealing hours on the Brussels foreign exchange market ;

(!) OJ No L 148 , 28 . 6. 1968 , p. 24. (2 ) OJ No L 25 , 30. 1 . 1973 , p. 23 . (;i ) OJ No L 156, 4. 7. 1968 , p. 7 . (5) OJ No L 110, 18.5 . 1971 , p. 8 . (4 ) OJ No L 282, 23 . 12 . 1971 , p. 5 . (") OJ No L 52, 25 . 2 . 1973 , p. 1 .

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( b ) for the German mark : the average official rate — if an ' accession ' compensatory amount applies , fixed each working day during official dealing this shall be multiplied by a coefficient based hours on the Frankfurt foreign exchange market ; on the ' accession ' compensatory amounts applicable in trade with the Community as ( c ) for the French franc : the average official rate originally constituted and the actual ratio fixed each working day during official dealing between the two currencies in question ; by hours on the Paris foreign exchange market ; way of derogation from this provision , however , the ' accession ' compensatory amount shall be increased or reduced as the case may ( d ) for the Italian lira : the mean of the official rates be in trade between new Member States by fixed each working day during official dealing an amount based on the ' accession ' hours on the Rome and Milan foreign exchange compensatory amount applicable in trade with markets ; the Community as originally constituted and the actual ratio between the two currencies ( e ) for the Dutch guilder : the average official rate in question ; fixed each working day during official dealing hours on the Amsterdam foreign exchange market ; ( b ) in trade with third countries, import charges and refunds fixed in units of account shall be ( f) for the English pound and the Irish pound : the multiplied by a coefficient which reflects the average rates recorded at noon on the foreign monetary situation of the Member State in exchange markets of these Member States . question . This coefficient shall not be fixed in advance .

Article 4 Article 6 1 . For the purpose of calculating the compensatory amounts applicable in BLEU and the Netherlands , 1 . For the purposes of applying Article 4a (2 ) of the percentage referred to in Article 2 ( 1 ) of Regulation ( EEC ) No 974/ 71 the Commission shall Regulation (EEC ) No 974/71 shall be established on fix the amounts by which the ' monetary ' com­ the basis of the arithmetic mean of the difference pensatory amounts are to be ' adjusted '. referred to in that paragraph for the Belgian franc and the same difference for the Dutch guilder during 2 . The amounts fixed pursuant to paragraph 1 the period in question . shall be altered at regular intervals if this is rendered necessary by changes in the charge on imports from 2. Compensatory amounts shall not apply in intra­ third countries . BLEU trade or in trade between BLEU and the Netherlands . Article 7

Article S 1 . In trade with third countries provisions con­ cerning the granting of export refunds and the 1 . A basic compensatory amount shall be fixed for charging of customs duties and levies shall apply to each Member State -for which the conditions set out ' monetary' compensatory amounts . in Article 1 of Regulation ( EEC ) No 974/71 are fulfilled . 2 . In trade between Member States , Articles 3 to 9 shall apply. 2 . This basic amount shall apply in trade between the Member States and in trade with third countries . Article 8

3 . However, 1 . The compensatory amount to be granted shall be the amount applicable on the day of exportation . ( a ) in intra-Community trade : — if the conditions set out in Article 1 of The compensatory amount to be levied shall be the Regulation ( EEC ) No 974/71 are fulfilled in amount applicable on the day of importation . respect of two Member States , the basic amount shall be multiplied by a coefficient based on the actual ratio between the two 2. For the purposes of determining the com­ currencies in question ; pensatory amount to be granted , the day of ex­

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portation shall be the day on which the customs 2. No compensatory amount shall be granted for authorities accept the exporter's declaration of his products which are not of sound and fair marketable intention, conditional upon receipt of a compensatory quality, or for products which are intended for amount, to export a Community product to another human consumption whose characteristics or state Member State . Following such acceptance, the render them wholly or practically unsuitable for that products shall be placed under customs control until purpose . they leave the territory of the exporting Member State . Article 11

Customs export formalities shall, for the purposes of 1 . In trade in products in respect of which a com­ this Regulation, be regarded as having been com­ pensatory amount is payable, section 32 of the pleted when the declaration referred to above has relevant Community transit document shall include been accepted . one of the following entries : The relevant date for establishing the quantity, nature — montant compensatoire ' monetaire' (Etat membre and characteristics of the product exported shall be de depart/Etat membre de destination ) the date on which customs export formalities are — monetaert udligningsbelob ( Afsendelsesmedlems­ completed . stat/Bestemmelsesmedlemsstat)

— 'Wahrungsausgleichsbetrag' ( Abgangsmitglied­ 3 . For the purpose of determining the compensatory staat/Bestimmungsmitgliedstaat) amount to be levied , the date of importation shall be — ' monetary ' compensatory amount ( Member State the date used for determining customs duties and levies . of departure/ Member State of destination ) — importo compensative ' monetario' ( Stato membro Article 9 di partenza/Stato membro de destinazione ) — compenserend bedrag 'monetair' ( Lid-Staat van 1 . Payment of a compensatory amount shall be vertrek/Lid-Staat van bestemming). conditional upon proof that the product in respect Where a movement certificate DD3 is used , one of of which customs export formalities have been com­ the above entries must be made on page 2 of the pleted has left the geographical territory of the certificate . Member State in which the formalities were com­ pleted . 2 . Where Commission Regulation ( EEC ) No 304/71 applies to carriage of the products in question , the 2 . However, where the compensatory amount to entry required under paragraph 1 above shall be be granted on exports to another Member State is made in the 'Description of goods' section of the higher than the compensatory amount, plus refund , International Consignment Note ( CIM ) or on the to be granted on exports to third countries, payment International Express Parcels Consignment Note ( TI shall furthermore be conditional on proof that import Ex) as appropriate. This entry shall be authenticated formalities have been completed and that duties and by the stamp of the customs office of departure . charges having equivalent effect due have been charged in the Member State of destination . 3 . Where, in the case of products in respect of which a compensatory amount is payable, the relevant The proof referred to in the preceding paragraph Community transit document, International Consign­ shall be furnished by production of a customs ment Note ( CIM ) or International Express Parcels c'ocumcnt drawn up in the country of destination or Consignment Note ( TI Ex ) has been replaced by a of a copy or photocopy of such document, certified new document, the entry made on the old document to be a true copy by the competent authorities . shall appear in the same place on the new document .

4 . Products introduced into a Member State other Article 10 than that indicated as the Member State of desti­ nation on the transit documents specified in para­ 1 . Compensatory amounts shall be levied and graphs 1 and 2 shall be considered : granted only in respect of products which are in free — as coming from the Member State of departure circulation within the Community. Where the pro­ if the entries made pursuant to paragraph 1 show ducts involved are composite products or are goods that the compensatory amount should be levied for which a compensatory amount is fixed by by the Member State indicated as the Member reference to one or more components thereof, the State of destination ; compensatory amount shall apply to that of those components where such components satisfy the con­ as coming from the Member State of destination dition laid down in the preceding sentence . if the entries made pursuant to paragraph 1 show

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that the compensatory amount should have been relevant sluice-gate price, free-at-frontier value or granted by the Member State of departure . reference price by a coefficient corresponding to the percentage appreciation or depreciation of the cur­ However, where Article 9 ( 2 ) is applied , the products rency of the importing Member State . shall be considered as coming from the Member State of departure . Article IS Article 12 1 . The compensatory amount levied on imports from third countries is hereby suspended for products Payment of compensatory amounts to be granted shall falling within subheadings Nos 02.01 A II ( a ) 2 ( bb ) be made only on receipt of a written application from and 02.01 A II ( a ) 2 ( dd ) 22 of the Common Customs the person concerned . Member States may draw up Tariff intended for the manufacture of the preserves a special form for this purpose. referred to in the first subparagraph of Article 14 (2 ) of Regulation ( EEC ) No 805 /68 . Article 13 2 . The provisions of Article 1 of Regulation ( EEC ) The application for payment of a compensatory No 888 /68 shall apply to the suspension provided for amount must be submitted , save in cases of force in paragraph 1 . majeure, within the six months following the date of completion of customs formalities , failing which However , the amount of the deposit associated with it cannot be accepted . the compensatory amount shall equal the com­ pensatory amount in force on the day of importation .

Article 14 Article 16 1 . As regards imports from third countries : Regulation ( EEC ) No 1013 /71 is hereby repealed . ( a ) sluice-gate prices for pigmeat, eggs , poultry­ meat and albumins ; Article 17 ( b ) free-at-frontier values for milk and milk products This Regulation shall enter into force on the third falling within subheadings Nos 04.04 E I ( b ) 2 , day following its publication in the Official journal 04.04 E I ( b ) and 04.04 E I ( b ) 4 of the Com­ of the European Communities . mon Customs Tariff, and However, the amounts resulting from its application ( c ) reference prices for wine , shall apply from 26 February 1973 . shall be regarded as having been respccted if the offer By way of derogation from the preceding paragraph price for the product in question , increased where these amounts shall , at the request of the party con­ the currency of the importing Member State has cerned , apply from 13 February 1973 if application appreciated and reduced where that currency has of this Regulation leads to depreciated by : ( a ) the granting of : — the amount referred to in paragraph 2 , — compensatory amounts which are higher than and increased those applicable until this Regulation enters into force ; — in the case of wine , by customs duties , or is not lower than the relevant sluice-gate price , free­ — newly-introduced compensatory amounts ; at-frontier value or reference price . ( b ) the levying of import charges which are lower 2 . The amount referred to in the first indent of than the ' monetary ' compensatory amounts ap­ paragraph 1 shall be calculated by multiplying the plicable until this Regulation enters into force .

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

Done at Brussels , 1 March 1973 . For the Commission The President Francois-Xavier ORTOL1