31973R0842

30 . 3 . 73 Official Journal of the European Communities No L 82/ 23

REGULATION (EEC) No 842/73 OF THE COMMISSION

of 27 March 1973

laying down special provisions for refunds and Community aid fixed in advance prior to 13 February 1973

THE COMMISSION OF THE EUROPEAN tural products exported in the form of goods not COMMUNITIES , covered by Annex II to the Treaty and the criteria for fixing the amount of such refunds, and in particular Having regard to the Treaty establishing the European Article 7 thereof ; Economic Community ;

Having regard to Council Regulation (EEC) No 136/ Whereas a devaluation of the dollar was announced by 66/EEC (1) of 22 September 1966 on the establish­ the Government of the United States of America on ment of a common organization of the market on oils 13 February 1973 ; whereas this devaluation, though and fats, as last amended by the Act (2) concerning the not yet official, is already affecting foreign exchange Conditions of Accession and the Adjustments to the markets and the world market in agricultural Treaties, hereinafter referred to as 'the Act', and in products ; particular Article 18 (3), Article 27 (5) and Article 28 (3) thereof ;

Whereas, if following an official devaluation of the Having regard to Council Regulation No 120/ currency of a third country, disturbances endanger or 67/EEC (3) of 13 June 1967 on the common organiza­ threaten to endanger the proper functioning of the tion of the market in cereals, as last amended by the common organizations of markets or special trade Act, and in particular Article 16 (6) thereof ; systems for certain goods processed from agricultural products, appropriate action may be taken pursuant to Having regard to Council Regulation No 359/ Council Regulation (EEC) No 1 134/68 (9) of 30 July 67/ EEC (4) of 25 July 1967 on the common organiza­ 1968 laying down rules for the implementation of tion of the market in rice, as last amended by the Act, Regulation ( EEC) No 653/68 on conditions for altera­ and in particular Article 1 7 (6) thereof ; tions to the value of the unit of account used for the common agricultural policy ; whereas this Regulation Having regard to Council Regulation No 1009/ cannot be applied in this instance ; whereas the 67/EEC (5) of 18 December 1967 on the common present situation is somewhat analogous to the situa­ organization of the market in sugar, as last amended tion dealt with by that Regulation ; whereas, to by the Act, and in particular Article 17 (4) thereof ; prevent repercussions of the world monetary situation jeopardizing forward transactions planned prior to 13 Having regard to Council Regulation (EEC) No February 1973, refunds fixed in advance and relating 804/68 (6) of 27 June 1968 on the common organiza­ to exports not yet effected by that date should be tion of the market in milk products, as last amended increased as an exceptional measure, the rule in the by the Act, and in particular the first subparagraph of future, being that those concerned must take precau­ Article 1 7 (4) thereof ; tions to cover themselves against the risk of fluc­ tuating exchange rates ; Having regard to Council Regulation (EEC) No 865/68 (7) of 28 June 1968 on the common organiza­ tion of the market in fruit and vegetables, as last Whereas, for the same reasons, subsidies fixed in amended by the Act, and in particular Article 3a (6) thereof ; advance for oil seeds should also be adjusted ;

Having regard to Council Regulation (EEC) No 2682/72 (8) of 12 December 1972 laying down general Whereas the extent of this increase should be deter­ rules for granting export refunds on certain agricul­ mined by means of the rules which are technically

best suited to each product ;

( 1) OJ No 172, 30 . 9 . 1966, p. 3025/66. (2) OJ No L 73, 27. 3 . 1972, p. 14. (3) OJ No 117, 19 . 6. 1967, p. 2269/67. Whereas the measures provided for in this Regulation (4) OJ No 174, 31 . 7 . 1967, p. 1 . are in accordance with the Opinions of the Manage­ (5) OJ No 308 , 18 . 12. 1967, p. 1 . (') OJ No L 148 , 28 . 6. 1968 , p. 13 . (7) OJ No L 153 , 1 . 7. 1968 , p. 1 . (8) OJ No L 289, 27. 12. 1972, p. 13 . C) OJ No L 188 , 1 . 8 . 1968 , p. 1 .

No L 82/24 Official Journal of the European Communities 30 . 3 . 73

ment Committees for Oils and Fats, for Cereals, for the lowest ash content within the meaning of Regula­ Sugar, for Milk and Milk Products and for Products tion No 162/67/EEC (3) and that for categories with a processed from Fruit and Vegetables ; higher ash content the adjusting amount is reduced in proportion to that resulting from application of this Regulation .

HAS ADOPTED THIS REGULATION : 3 . For the products listed in Article 1 (d) of Regula­ tion No 120/ 67/ EEC and for those listed in Article Article 1 1 (c) of Regulation No 359/67/EEC, the adjusting amount shall be equal to 10 % of the difference between Refunds fixed in advance prior to 13 February 1973 and relating to products in respect of which the customs formalities referred to in (b) of the second — the threshold price valid for . the basic product in subparagraph of Article 8 (2) of Regulation (EEC) No question listed in the Annex to Regulation (EEC) 1373/70 ( } ) have not been completed before that date No 1052/ 68 (4) during the month in which an shall be increased by an amount, hereinafter referred export licence involving advance fixing of the to as the 'adjusting amount', which is or must be fixed refund is applied for, and by product in accordance with the provisions of Arti­ — the average of the import levies valid for the basic cles 2 to 7 of this Regulation . product in question during the month preceding Article 2 the month in which this licence is applied for, this average being adjusted where appropriate by 1 . For colza and rape seed, the adjusting amount the monthly increase for the month in which the shall be equal to 10 % of the difference between application is lodged or, if that latter month is the first month of the 1972/73 marketing year, for the — the target price valid for the product in question difference between the threshold price valid for during the month in which an export licence the last month of the 1971 /72 marketing year and involving advance fixing of the refund is applied that valid for the first month of the 1972/73 for, and marketing year

— the subsidy applicable to that product on the day this difference being multiplied by the coefficient for on which this licence is applied for. the product in question shown in Annex I to this Regulation . 2. For olive oil, the adjusting amount shall be equal to 10 % of the threshold price.

Article4¶

Article 3 1 . For products covered by Regulation No 1009/ 67/EEC, the adjusting amount shall be equal to : 1 . For the products listed in Article 1 (a) and (b) of Regulation No 120/67/ EEC and those listed in Article — 2 units of account per 100 kilogrammes of white 1 (a) and (b) of Regulation No 359/67/EEC, the sugar adjusting amount shall be equal to 10 % of the differ­ ence between — 1-84 units of account per 100 kilogrammes of raw sugar of the standard quality within the meaning — the threshold price valid for the product in ques­ of Regulation (EEC) No 431 /68 (5) tion or for paddy rice and milled rice the price obtained by application of the conversion rates — 0-02 unit of account per percentage point of laid down respectively in Articles 1 ( 1 ) and 1 (3) of sucrose content and per 100 kg net for the Regulation No 467/67/ EEC (2) during the month products listed in Article 1 ( l)(d) of that Regula­ tion . in which an export licence involving advance fixing of the refund is applied for, and 2. By way of derogation from the provisions of — the import levy valid for the product in question Article 1 , refunds fixed in advance within the frame­ on the day on which this licence is applied for. work of a partial invitation to tender issued pursuant to Regulation (EEC) No 1897/72 (6) prior to 13 2. For the products listed in Article 1 (c) of Regula­ February 1973 shall also qualify for the adjusting tion No 120/67/EEC, the provisions of paragraph 1 amount referred to in the preceding paragraph . apply, it being understood that the adjusting amount thus obtained applies to the category of product with

3) OJ No 128 , 27. 6. 1967, p. 2574/67. (4) OJ No L 179, 25. 7. 1968 , p. 8 . (») OJ No L 158 , 20 . 7. 1970, p. 1 . (5) OJ No L 89, 10 . 4. 1968 , p. 3 . (2) OJ No 204, 24. 8 . 1967, p. 1 . (6) OJ No L 201 , 2. 9 . 1972, p. 8 .

30 . 3 . 73 Official Journal of the European Communities No L 82/25

Article 5 the preceding Articles for each basic product in ques­ tion, account being taken of the provisions of that 1 . For the products covered by Regulation (EEC) Regulation which deals with the calculation for No 804/68 , the adjusting amount shall be as indicated refunds . for each product in Annex II to this Regulation .

2. By way of derogation from the provisions of Article 8 Article 1 , refunds fixed in advance within the frame­ The subsidy for colza, rape and sunflower seeds fixed work of the invitation to tender by the US Army Mat­ in advance prior to 13 February 1973 and relating to erial Command Europe, Zweibriicken (Germany) for products in juni of which the ID part of the certificate deliveries after 30 June 1973 shall not qualify for the within the meaning of Article 4 of Regulation (EEC) adjusting amount referred to in the preceding para­ No 2114/71 (!) had not been applied for by that date graph . shall be increased by an adjusting amount equal to 10 % of the difference between Article 6 — the target price valid for the product in question For the products listed in Annex II to Regulation during the month in which the AP part of the (EEC) No 865/68 , the adjusting amount shall be that certificate referred to above is applied for, and indicated in Article 3 (3) or in Article 4 depending on the product incorporated, account being taken of the — the subsidy applicable to the product in question provisions of Article 3 of that Regulation, which deals on the day on which the ID part of the certificate with the calculation of refunds . is applied for.

Article7¶

For the products referred to in Article 5 (2) of Regula­ This Regulation shall enter into force on the third day tion (EEC) No 2682/72, the adjusting amount shall be following its publication in the Official Journal of determined in accordance with the rules contained in the European Communities.

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

Done at Brussels, 27 March 1973 .

For the Commission

The President

Francois-Xavier ORTOLI

(') OJ No L 222, 2. 10 . 1971 , p. 2.

No L 82/26 Official Journal of the European Communities 30. 3 . 73

ANNEX 1

Number in nomenclature used Number in nomenclature used Coefficient Coefficient for refunds for refunds

11.02 E lb ) 1 (bb ) 1·02 1·50 11.01 C ( I) 11.02 E lb ) 2 ( aa ) 2·00 11.01 C ( II ) 1·02 11.02 E I b ) 2 (bb ) 1·60 11.01 D (I) 1·80 11.02 E lb ) 2 ( cc) 1·02 11.01 D (II) 1·02 ex 11.02 E lie) ( 1 ) 1·60 11.01 E (I ) 1·40 ex 11.02 E lie) (2 ) 1·30 11.01 E ( II) 1·20 ex 11.02 E lie) (3 ) 1·10 11.01 E (III ) 0·87 11.02 E II e) 1 1·06 11.01 F 1·06 11.02 Fill 1·02 11.01 H 1·02 11.02 F IV 1·02 11.02 A III ( a) 1·55 11.02 F V 1·02 1·02 11.02 A III (b ) 11.02 G I 0·25 11.02 A IV ( a) 1·80 11.02 G II 0·25 11.02 A IV (b ) 1·02 11.07 A I a) 1·78 1·80 11.02 A V ( a) 11.07 Alb) 1·33 11.02 A V (b ) 1·40 11.07 All a ) 1·78 11.02 A V (c ) 1·20 11.07 A II b ) 1·33 11.02 A VI 1·06 11.07 B 1·55 11.02 B I a ) 1 ( aa ) 1·50 11.08 A I 1·61 11.02 B I a ) 1 (bb ) 1·02 11.08 A III 2·20 1·02 11.02 B I a) 2 ( aa) 11.08 A IV 1·61 11.02 B I a) 2 bb) ( 11 ) 1·60 11.08 A V 1·61 11.02 B I a) 2 bb ) (22 ) 1·02 11.09 A 4·00 1·50 11.02 Bib ) 1 ( aa ) 17.02 B II a ) 2·10 1·02 11.02 Bib) 1 (bb ) 17.02 B II b ) 1·61 11.02 Bib ) 2 ( aa ) 1·70 17.05 B I 2·10 11.02 Bib ) 2 ( bb ) 1·02 17.05 B II 1·61 11.02 B II a ) ( 1 ) 1·02 23.02 A I a ) 0·08 11.02 C III ( a ) 2·00 23.02 A I b ) 1 0·08 11.02 C III ( b ) 1·60 23.02 A I b ) 2 0·08 11.02 C IV 1·02 23.02 A II a ) 0·08 11.02 D II 1·02 23.02 A II b ) 0·08 11.02 E lb ) 1 ( aa) 1·50 23.03 A I 2·00

Number in nomenclature used Special specification for refunds for refund Coefficient

23.07 B I 3010 0·10

4010 0·25

5010 0·45

6010 0·60

7010 0·75

30 . 3 . 73 Official Journal of the European Communities No L 82/27

ANNEX 11

CCT Adjustment Description (in u.a. / 100 kg unless heading No otherwise indicated)

ex 04.01 A I Yoghurt, buttermilk 0·89

ex 04.01 A II Of a fat content by weight :

— not exceeding 1 °/o 0·61

— exceeding 1·8 °/o but not exceeding 2·2 °/o 0·89

— exceeding 3 % 0·94

ex 04.01 B Of a fat content by weight :

— exceeding 10 %> but not exceeding 17 °/o 1·17

— exceeding 17 °/o but not exceeding 21 °/o 1·76

— exceeding 35 °/o but not exceeding 39 % 3·51

ex 04.02 A II Of a fat content by weight :

— not exceeding 1 1 % 4·25

— exceeding 11 °/o but not exceeding 17 °/o 5·06

— exceeding 17 °/o but not exceeding 25 °/o 5·47

— exceeding 25 °/o but not exceeding 27 % 6·00

— exceeding 27 °/o but not exceeding 29 °/o 6·14

ex 04.02 A III Of a fat content by weight :

— exceeding 3 °/o but not exceeding 7 °/o 2·30

— exceeding 7 % but not exceeding 8·9 °/o 3·40

— exceeding 8·9 °/o but not exceeding 11 °/o 4·03

— exceeding 39 °/o but not exceeding 45 % 3·90

ex 04.02 B I Of a fat content by weight :

— not exceeding 1 1 % 0·0425 (!) per kg — exceeding 11 % but not exceeding 17% 0·0506 per kg — exceeding 17 % but not exceeding 25 °/o 0·0547 I 1 ) per kg — exceeding 25 °/o but not exceeding 27 %> 0·0600 (') per kg — exceeding 27 °/o but not exceeding 29 °/o 0·0614 (!) per kg

ex 04.02 B II Of a fat content by weight :

— not exceeding 6·9 °/o 1·50 (2 )

— exceeding 6·9 °/o but not exceeding 9·5 °/o 3·70 (2 )

No L 82/28 Official Journal of the European Communities 30 . 3 . 73

CCT Adjustment Description (in u.a. / 100 kg unless heading No otherwise indicated)

04.03 Butter 8·00

04.04 Cottage cheese 3·50

— other 7·50

23.07 B I a ) 3 Containing :

— not less than 60 °/o but not more than 70 °/o 2·64

— not less than 70 %> by weight of skimmed­ milk powder falling within subheading 04.02 A II b ) 1 3·06

23.07 B I a) 4 Containing more than 75 °/o by weight of skimmed-milk powder falling within sub­ heading 04.02 A II b) 1 3·27

(') The amount of the adjustment per 100 kg of product falling within this subheading is equal to the sum of the following components : (a ) the amount per kg indicated multiplied by the weight of milk and cream contained in 100 kg of product, (b) an additional amount for each percentage point constituting the sucrose content of 100 kg net of product equal to the adjustment applicable to 1 kg of white sugar. (l) The amount of the adjustment per 100 kg of product falling within this subheading is equal to the sum of the following components : ( a) the amount indicated , (b) an additional amount for each percentage point constituting the sucrose content of 100 kg net of product equal to the adjustment applicable to 1 kg of white sugar.

For the purposes of calculating fat content, the weight of non-milk fats and added lactose is disregarded .