31973R1463

4 . 6 . 73 Official Journal of the European Communities No L 146/ 1

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 1463 /73 OF THE COMMISSION

of 30 May 1973

laying down detailed rules for the application of 'monetary' compensatory amounts

THE COMMISSION OF THE EUROPEAN Whereas, by virtue of paragraph 1 of that Article, COMMUNITIES, where a rate of exchange other than that correspond­ ing to the parity of the currency in question is used Having regard to the Treaty establishing the Euro­ for conversions between the unit of account and the pean Economic Community ; currency of a Member State, paragraph 1 aforesaid applies by analogy where the mean of the spot Having regard to Council Regulation (EEC) No 974/ market rates of this currency during a period to be 71 ( J ) of 12 May 1971 on certain measures of determined, varies by at least 1 °/o from the conver­ conjunetural policy to be taken in agriculture sion rate used for purposes of calculation ; whereas following the temporaty widening of the margins of this is at present the case for the pound sterling and fluctuation for the currencies of certain Member the Irish pound ; States, as last amended by Regulation ( EEC ) No 1225 /73 (2 ), and in particular Article 6 thereof ; Whereas for Denmark and France the new method of calculating the monetary compensatory amounts Whereas since Regulation (EEC ) No 974/71 has has the consequence that amounts are not to be been substantially amended, new detailed rules fixed in respect of those countries ; should be adopted for the application of that Regu­ lation ; Whereas it is necessary, in order to apply Articles Whereas Article 1 ( 1 ) of Regulation ( EEC ) No 1 ( 1 ) a ) and 2 ( 1 ) (b ) of Regulation (EEC ) No 974/71 , 974/71 provides that if, for the purposes of commer­ to determine the period during which are to be cial transactions , a Member State allows the recorded the spot market rates whose arithmetic exchange rates for its currency to fluctuate by a mean will be used for calculating compensatory wider margin , up or down than that permitted by amounts ; the international rules in force on 12 May 1971 , then in trade with other Member States and with Whereas the period must be sufficiently representa­ third countries , tive to show trends in rates and yet allow those rates to be reflected as quickly as possible in fixing ( a) that Member State whose currency appreciates the compensatory amounts ; above the margin of fluctuation is to charge on imports and grant on exports, and Whereas a period of seven days should therefore be (b ) the Member State whose currency depreciates used, fixed by reference to technical administrative below the margin of fluctuation is to charge on requirements ; exports and grant on imports, Whereas the most representative spot market rates monetary compensatory amounts for the products should be used for the purpose of calculation ; referred to in paragraph 2 of that Article ; whereas Germany and the Benelux countries are at present Whereas it is desirable to use the period referred to experiencing the situation envisaged in ( a), and Italy above also for the application of Article 2a of that the situation envisaged in ( b ) ; Regulation ;

Whereas the common price level should be used as (*) OJ No L 106 , 12 . 5 . 1971 , p . 1 . ( 2) OJ No L 125 , 11 . 5 . 1973 , p . 49 . a basis for the calculation of monetary compensa­

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tory amounts, bearing in mind the fact that the new the effective parity relationships of their current Member State do not yet apply the common price cies among themselves ; whereas, widening fluctua­ in the case of certain products and that the differ­ tion margins will, in the case of those Member ence between the two price levels is expressed by States, only affect other Member States and third the accession compensatory amount ; countries , trade within the BLEU and between the BLEU and the Netherlands being unaffected ; Whereas, in pursuance to Article 4b of Regulation whereas, for this reason, those Member States have ( EEC ) No 974/71 and the Article 2 of the Council declared under Article 233 of the Treaty that they Regulation (EEC ) No 1189/73 (3 ) of 8 May 1973 do not desire to apply compensatory amounts fixing the aid for skimmed milk and skimmed-milk between themselves ; whereas, for the purpose of powder for use as animal feed for the 1973 /74 applying the system of compensatory amounts, milk year, the compensatory amounts thus obtained those countries should be regarded as a single should be reduced by the amounts provided for in Member State ; those measures ;

Whereas accession compensatory amounts, charges Whereas there is a fixed rate of exchange between on imports, refunds and all other amounts charged the pound sterling and the Irish pound ; whereas a or granted in units of account in respect of trade monetary compensatory amount need not therefore with third countries are, as are also the prices in the be applied in trade between those two Member Member States concerned, converted into the curren­ States ; cies of those Member States by applying the exchange rates provided for under the common agri­ Whereas certain Member States may still experience cultural policy ; whereas, in calculating the mone­ technical difficulties in granting amounts on tary compensatory amount, only the difference imports ; whereas it is necessary to make provision, between the price level and the amount in question in case of recourse to the provisions of Article 2a of expressed in units of account need be taken into Regulation ( EEC ) No 974/71 , for common rules for consideration ; applying and opting not to apply those provisions and for methods for ensuring that any payments by Whereas, in order to simplify the system so that the exporting Member States are made in full know­ same single compensatory amount may be applied ledge of the relevent facts ; in respect of the trade of a given Member State with every other Member State and third countries, Whereas, with a view to harmonization, the date, accession compensatory amounts, charges on selected for the purpose of applying compensatory imports, refunds and all other amounts charged or amounts as the date of importation, should be the granted in respect of trade with third countries date used for the purpose of customs duties and should be corrected by a coefficient expressing the levies — and the date of exportation, the date used position of the currency of the Member State which for the purpose of export refunds ; is to apply the monetary compensatory amount ;

Whereas Article 4 ( a) (2 ) of Regulation ( EEC ) No Whereas before payment of a compensatory amount 974/71 provided that the monetary compensatory for a product exported to another Member State amount applicable due to the decrease in value of is made, proof must be supplied that the product the currency concerned may not be higher than the has left the geographical territory of the Member charge on products imported from third countries ; State in which the customs export formalities were completed ;

Whereas it is advisable to provide that its obser­ vance of this measure normally concerns the Whereas the system provided for by this Regulation importing Member States ; whereas , however, since can relate only to products moving freely within the in the case of beef and veal , the charge on imports Community ; whereas moreover, it seems desirable includes a customs duty , that charge should be deter­ that products exported under benefit of a compensa­ mined at a flat rate on the basis of the world tory amount should be of such a kind that they can market prices established by the Commission be marketed under normal conditions ; within the common organization of the market in beef and veal ; Whereas, for the sake of proper administrative man­ agement it seems desirable to require that application Whereas the Belgo-Luxembourg Economic Union for payment of the compensatory amount be made and the Netherlands have decided to maintain the within a reasonable period ; fluctuation margins between currencies which obtained before 9 May 1971 and have not altered Whereas non-observance of a lower price level at ( 3) OJ No L 122, 9 . 5 . 1973 , p . 3 . the time of import of certain agricultural products

4. 6 . 73 Official Journal of the European Communities No L 146/3

subject to the application of monetary compensa­ tory amounts which were prevously levied or tory amounts entails an increase in the import tax ; granted in one sum, will in future be apportioned between the importer anid the exporter ; whereas if, Whereas this system leads to increased prices for the following this change, difficulties should appear in products concerned whenever the currency is re­ relation to contracts entered into under the previous valued, having regard to the compulsory application system , they shall be resolved in the way which is of parities announced by the International Mone­ most appropriate having regard to the provisions tary Fund ; whereas, in fact, the value of the price anid general rules of law governing the commercial in question , as expressed in terms of the currency of relations between the traders ; Member States which have taken the currency measures under consideration , is increased in rela­ Whereas the measures provided for this Regulation tion to the value expressed in terms of the currency are in accordance with the Opinions of all the of non-member countries ; whereas, in addition, the Management Committees for the common organiza­ compensatory amount is imposed at a time of im­ tion of agricultural markets ; port ; whereas on the other hand, in the event of a depreciation of the currency, there is a risk that the lower level will not be observed ;

HAS ADOPTED THIS REGULATION : Whereas this difficulty can be overcome by a system which results in the said level being considered as having already been observed, provided the offer Article 1 price of the product supplied, after being increased by an amount reflecting the effect of the currency This Regulation lays down detailed rules for the situation on the level in question, is not below that? application of the system of compensatory amounts level ; hereinafter called ' monetary compensatory amounts ' introduced by Article 1 of Regulation (EEC ) No Whereas Article 14 of Council Regulation ( EEC ) No 974/ 71 . 805/68 (*) of 27 June 1968 on common organisation of the market in beef and veal as last amended by Regulation ( EEC ) No 187/73 (2 ) provides for total Article 2 suspension of the levy on imports of frozen meat intended for the manufacture of certain preserved The period referred to in the second subparagraph foods ; in order to allow the Community 's processing of Article ( 1 ) ( a), in the second indent of Article industry to be supplied in a satisfactory manner ; 2 ( 1 ) (b ) and in Article 2a of Regulation (EEC ) No Whereas since compensatory amounts are not 974/71 shall run from a Wednesday to the applied for products derived from such meat, the following Tuesday. The first period to be taken into Community processing industry is at a disadvantage consideration shall be 14 to 18 May 1973 . compared to the processing industries of third coun­ tries ; whereas it is therefore necessary to remedy Article 3 thiis situation by providing for suspension of the charging of the compensatory amounts applicable to The spot market rates against each of the currencies the meat in question ; of the Member States who keep their exchange rates Whereas such suspension should be conditional at any given moment within a band of 2-25 °/o shall be : upon controls ensuring that processing is carried out ; whereas the system provided for in Council ( a ) for the Italian lira : the mean of the official Regulation ( EEC ) No 888 /68 ( 3 ) of 28 June 1968 rates fixed each working day during official deal­ laying down general rules on special import terns ings on the Rome and Milan foreign exchange for certain frozen meats intended for processing, as markets ; last amended by Regulation ( EEC ) No 2725 /71 (4 ) may be used for this purpose if provision is also ( b ) for the English pound and the Irish pound : the made for the lodging of a deposit equal to the com­ average rates recorded at noon on the foreign pensatory amount ; exchange markets of the two Member States concerned . Whereas the change from the present system to that introduced by Council Regulation ( EEC ) No 1112/73 ( 5 ) will mean that the monetary compensa­ Article 4

i1 ) OJ No L 148 , 28.6 . 1968 , p . 24 . 1 . A ' monetary' compensatory amount shall be (2) OJ No L 25 , 30 . 1 . 1973 , p . 23 . fixed for each product and for each Member State (») OJ No L 156, 4 . 7. 1968 , p . 7. for which the conditions for the application of (4) OJ No L 282 , 23 . 12 . 1971 , p . 5 . ' monetary' compensatory amounts are fulfilled . (5 ) O J No L 114 , 30 . 4 . 1973 , p . 4 .

No L 146/4 Official Journal of the European Communities 4 . 6 . 73

The ' monetary' compensatory amount shall be Member States shall always reduce the 'monetary' calculated on the basis of the common price compensatory amounts by amounts to be estab­ reduced where appropriate in accordance with the lished on the basis of the import price calculated provisions of the Act of Accession . in accordance with Article 10 ( 1 ) of Regulation ( EEC ) No 805 / 68 , and for frozen beef and veal on The corrective factor provided for in Article 4b of the basis of the world market price established in Regulation (EEC) No 974/71 or one of the amounts accordance with Article 13 ( 1 ) (b ) of that Regulation listed in the Annex to Regulation (EEC ) No which shall be communicated to them for this 1267/73 shall be deducted . purpose. Furthermore, for products mentioned in the Annex to Regulation ( EEC) No 805/68 , the coef­ 2 . The amount fixed in accordance with the ficients employed for the calculation of monetary preceding paragraph shall apply in trade between compensatory amounts shall be used . the Member States and in trade with third coun­ Article 6 tries . 1 . In trade with third countries provisions concerning the granting of export refunds and the 3 . However, in trade with the new Member charging of customs duties and levies shall apply to States the ' accession ' compensatory amounts and 'monetary' compensatory amounts. If the 'mon­ in trade wiith third countries the import charges etary' compensatory amount to be levied on exporta­ expressed in units of account and the refund appli­ tion is higher than the refund or if no refund has cable to the products referred to in paragraph 1 been fixed, that part of the 'monetary' compensa­ shall be multiplied by a coefficient. For Member tory amount which exceeds the refund , or the entire States who keep their exchange rates at any given moment within a band of 2-25 °/o, the coefficient 'monetary' compensatory amount as the case may shall be : be, shall fall due on completion of customs export formalities . Belgium — Luxembourg — Netherlands : 0-973 ; 2 . In trade between Member States, Articles 7 Germany : ' 0-928 . to 15 shall apply. Article 7 For the other Member States , the coefficient shall be derived from the percentage used to calculate the 1 . The 'monetary' compensatory amount to be ' monetary' compensatory amount and fixed by the granted or levied shall be the amount applicable on Commission at the same time as this amount . the day of exportation or on the day of importa­ tion . 4. Where the levy or refund is to be increased or reduced, as the case may be, by the 'accession' and 2 . For the purposes of determining the 'monetary' 'monetary' compensatory amounts and also multi­ compensatory amount to be granted or levied plied by a coefficient, the calculation shall be made on exportation, the day of exportation shall; as follows : be the day on which the customs authorities accept the exporter's declaration of his intention to export ( a ) the levy or refund shall be reduced or increased , to another Member State a Community product to as the case may be , by the ' accession ' compensa­ which a 'monetary' compensatory amount is appli­ tory amount ; cable. Upon such acceptance, the products shall be placed under customs control until they leave the (b ) the resulting amount shall he multiplied by the territory of the exporting Member State . coefficient ; and Customs export formalities, shall for the purpose of ( c) the amount obtained after multiplication shall, this Regulation , be regarded as having been after conversion into national currency , be completed when the declaration referred to above reduced or increased , as the case may be , by the has been accepted . The effective date for estab­ ' monetary' compensatory amount . lishing the quantity , nature and characteristics of the product exported shall be the date on which customs export formalities are completed . Article 5 3 . For the purpose of determining the 'monetary' compensatory amount to be levied or granted on 1 . The Member States shall take the measures importation , the day of .importation shall be the necessary to assure that the provisions of Article date used for determining customs duties and 4 ( a ) (2 ) of Regulation ( EEC ) No 974/ 71 are levies . observed . Article 8

1 . No ' monetary' compensatory amount shall be 2. In the case of application of Article 4 ( a ) (2 ) of granted or levied in trade between the BLEU and Regulation ( EEC ) No 974/71 to beef and veal , the Netherlands .

4. 6. 73 Official Journal of the European Communities No L 146/5

However, if a Community document proving that a The proof referred to in the preceding subpara­ product is eligible for treatment as a Community graph shall be furnished by production of a control product is used in such trade, the preceding subpara­ copy as provided for in Article 1 of Regulation graph shall apply only if the document includes one ( EEC ) No 2315/69 . In the special remarks section, of the fallowing entries, authenticated by the stamp the following shall be completed : of the customs office of departure : ( 1 ) Section 101 and 103 ; — Montant compensatoire monétaire non appli­ cable au Benelux' (2) Section 104 by deleting what does not apply and adding one of the following : — 'Währungsausgleichsbetrag im Benelux nicht anwendbar' 'Intended for entry for home use in ( imparting Member State ) — Monetair compenserend bedrag niet van 'Destine a être mis à la consommation en toepassing in de Benelux'. (État membre importateur)'

2. For the purposes of this Regulation, the BLEU 'Besitemit tiil overgang til forbrug i ( den and the Netherlands are considered as a single importerende medlemsstat)' Member State . 'Zum freien Verkehr in (einführender Mit­ gliedstaat) bestimmt' 3 . No 'monetary' compensatory amount shall be 'Destinato ad essere immesso in consumo in granted or levied in trade between Ireland and the (Stato membro importatore)' United Kingdom . 'Bestemd om in het vrije verkeer te worden These two Member States will each take the steps gebracht in (invoerende lid-staat)'. necessary to ensure that the 'monetary' compensa­ tory amount is levied in arrears where the product The supetent customs office in the importing is not for home use in the other Member State . Member State shall complete the space —

' control of use and/or destination ' and add one of the fallowing : Article 9 'Montant compensatoire monétaire appli­ 1 . The 'monetary' compensatory amount granted cable le ( date de mise à la consommation), on exportation shall only be paid upon production non octroyé en (État membre importateur)' of proof that the product in respect of which 'Monetært udligningsbeløb, finder anven­ customs export formalities were completed has left delse fra den ( datoen for overgang til ■the geographical territory of the Member State in forbrug) ikke ydet i den importerende which the formalities were completed. medlemsstat)' 2 . The ' monetary' compensatory amount granted 'Währungsausgleichsbetrag, gültig am (Tag on importation shall only be paid on production of der Überführung in den freien Verkehr) in proof that import formalities have been completed (einführender Mitgliedstaat) nicht gewährt' and that the duties and the Member State in ques­ tion have been paid. Monetary' compensatory amount applicable on (date of entry for home use) not granted in (importing member State)' Article 10 ' Importo compensativo monetario applicabile il ( data d'immissione al consumo ) non 1 . Where a Member State wishes to exercise the concesso in (Stato membro importatore)' option referred to in Article 2a of Regulation (EEC) 'Monetair compenserend bedrag van toe­ No 974/71 , it shall inform the Commission of its passing op ( datum van invoer tot verbruik) intentions after it has obtained the agreement of the niet toegekend in ( invoerende lid-staat)'. importing Member State. The Commission in turn shall inform the other Member States . 3 . Where Article 3 of Regulation ( EEC ) No 974/71 applies , the Commission shall alter the exchange rate to be used for the purpose of 2. Payment of the ' monetary' compensatory applying Article 2a of that same Regulation . amount by the exporting Member State, which should be granted by the importing Member State, 4. If after having had recourse to the provisions shall be conditional upon proof that customs of Article 2a of Regulation ( EEC ) No 974/71 an import formalities have been completed and that exporting or importing Member State wishes to the duties and charges having equivalent effect, abandon its application, it first informs the other payable in the importing Member State have been Member State concerned and the Commission, charged . which informs the remaining Member States .

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Article 11 2. Where the products referred to in paragraph 1 are not entered for home use immediately upon 1 . The compensatory amount shaW be levied or arrival at the office of destination, that office shall take the necessary measures to ensure that when the granted only on products which are in free circula­ tion within the Community. Where the products product its entered for home use paragraph 1 of this Article, and in particular, the provisions of Article involved are composite products or are goods for 11 (3 ) of Regulation (EEC) No 648/73 , are applied. which a compensatory amount is fixed, by reference to one or more of their components, the compensa­ tory amount shall be applicable to such components Article 16 if they satisfy the conditions laid down in the preceding sentence . 1 . With respect to :

2 . No compensatory amount shall be granted on ( a) pigmeat, eggs, poultrymeat and albumines ; products which are not of sound, fair and market­ the sluice-gate prices ; able quality or for products which are intended for human consumption whose characteristics or state ( b) milk and milk products : the value free-atrender them wholly or practically unsuitable for that frontier of products falling within subheadings purpose . 04.04 E I b ) 2, 04.04 E I b ) 3 and 04.04 E I b ) 4 ;

( c) wine : the reference prices, are considered to have been observed at the time of importation Article 12 from third countries if, for the product in ques­ tion, the offer price in the case of appreciation Where a 'monetary' compensatory amount is levied of the currency of the importing Member State ; on exportation, it shall fall due on completion of customs export formalities. increased, or in the case of depreciation of that currency reduced

Article 13 — by the amount referred to in paragraph 2 and increased

Payment of 'monetary' compensatory amounts to be — in the case of wine, by the customs duties is granted shall be made only on receipt of a written not less than the sluice-gate price, the refer­ application from the person concerned. Member ence price on the value free-at-frontier in States may draw up a special form for this purpose . question .

2. The amount referred to in the first indent of Article 14 paragraph 1 .is obtained by multiplying the sluice­ gate price, the value free-at-frontier as the reference The application for payment of a 'monetary' compen­ price in question by a coefficient corresponding to satory amount must be submitted, save in cases of the percentage of appreciation or depreciation of force majeure, within the six months following the the currency of the importing Member State . date of completion of customs formalities ; other­ wise it shall be rejected . Article 17

Article IS 1 . The compensatory amount charged on imports from third countries is suspended for the products falling within subheadings 02.01 A II a) 2 bb) and 1 . Products for which the customs export formali­ 02.01 A II a ) 2 dd ) 22 of the Common Customs ties were completed before the date of entry into Tariff, intended for the manufacture of the force of this Regulation and which are entered for preserves referred to in paragraph 2, first sentence, home use in another Member State after that date at the end of Article 14 of Regulation (EEC ) No shall remain subject to Regulation ( EEC) No 648/73 805 / 68 . and 649 / 73 .

2 . The provisions of Article 1 of Regulation Where, under those Regulations , a ' monetary ' ( EEC ) No 888 /68 are applicable to the suspension compensatory amount is to be levied in the Member provided for in the preceding paragraph. However, State in which the product is entered for home use , the amount of the security in relation to the the applicable amount shall be that in force on 3 compensatory amount is equal to the suspensatory June 1973 . amount in force on the day of importation .

4 . 6 . 73 Official Journal of the European Communities No L 146/7

Article18¶

Regulation (EEC) No 638/73 is repeated with the This Regulation shall enter into force on 4 June exception of the provisions of Article 15 thereof. 1973 .

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

Done at Brussels, 30 May 1973 .

For the Commission

The President

François-Xavier ORTOLI