31973R3280

6 . 12 . 73 Official Journal of the European Communities No L 337/ 11

REGULATION (EEC No 3280/ 73 OF THE COMMISSION of 4 December 1973 establishing a system for the advance fixing of accession compensatory amounts and laying down detailed rules for its application in respect of cereal and rice products

THE COMMISSION OF THE EUROPEAN price system, as last amended by Regulation (EEC) No COMMUNITIES, 1796/73 (6) ;

Having regard to the Treaty establishing the European Whereas, as far as the new Member States are Economic Community ; concerned, a move towards alignment on the common prices is to be made at the beginning of Having regard to the Treaty ( !) concerning the Acces­ each marketing year ; whereas this price alignment sion of new Member States to the European Economic means that compensatory amounts are fixed at a lower Community and to the European Atomic Energy level each year ; whereas, to ensure that compensatory Community, signed in Brussels on 22 January 1972 ; amounts are not fixed in advance for purely specula­ tive purposes, the rate fixed in advance should not Having regard to Council Regulation (EEC) No exceed the rate fixed for the new marketing year 229/73 (2) of 31 January 1973 laying down general where the period of validity of the certificate covers rules for the system of compensatory amounts for two marketing years ; cereals and fixing these amounts for certain products, as amended by Regulation (EEC) No 1967/73 (3), and Whereas the rate of compensatory amount applicable in particular Article 6 (2) thereof ; in trade between Member States varies with the product concerned ; whereas for administrative Having regard to Council Regulation (EEC) No reasons it should be specified that the advance fixing 243/73 (4) of 31 January 1973 laying down general certificate is valid only in the Member State of issue rules for the system of compensatory amounts for rice and only for a specific origin ; and fixing these amounts for certain products, and in particular Article 4 (2) thereof ; Whereas if transactions between Member States and transactions between Member States and third coun­ Whereas Article 6 (2) of Regulation (EEC) No 229/73 tries are to be placed on an equal footing, the period and Article 4 (2) of Regulation (EEC) No 243/73 make of validity of advance fixing certificates used in trade provision for the introduction of arrangements for the between Member States should be identical to that of advance fixing of the compensatory amount should the import licence applicable to the relevant product the need arise ; in trade with third countries ;

Whereas to ensure in uniform conditions of competi­ Whereas the measures provided for in this Regulation tion for traders, a system for the advance fixing of are in accordance with the Opinion of the Manage­ compensatory amounts should be introduced for ment Committee for Cereals, products for which the import levy is fixed in advance ;

Whereas arrangements already exist for fixing the levy HAS ADOPTED THIS REGULATION : or refund in advance in trade with third countries ; whereas for administrative reasons, the ' accession' compensatory amount should as far as possible be fixed according to the same rules, in particular those Article 1 laid down in Commission Regulation (EEC) No 1373/70 (5) of 10 July 1970 laying down common The compensatory amounts introduced by Article 55 detailed rules for the application of the system of of the Act of Accession or, where appropriate, the import and export licences and advance fixing certifi­ amounts applicable by way of a compensatory amount cates for agricultural products subject to a common in pursuance of Article 56 of the said Act (hereinafter called 'Accession' compensatory amounts), shall be (') OJ No L 73, 27. 3 . 1972, p. 5. fixed in advance for the products listed in the Annex I2) OJ No L 27, 1 . 2. 1973, p. 25. under the conditions laid down in this Regulation . (3) OJ No L 201 , 21 . 7. 1973 , p. 8 . (4) OJ No L 29, 1 . 2. 1973, p. 26. (5) OJ No L 158 , 20 . 7 . 1970 , p . 1 . (6) OJ No L 183 , 5 . 7 . 1973, p. 1 .

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SECTION I 3 . Section 13 of the application for an advance fixing certificate applicable to imports, and of the Trade between the new Member States and third certificate itself, shall specify the exporting Member countries State. The certificate shall make it obligatory to import from that Member State . Article 2 4. The advance fixing certificate shall require either the importation or the exportation, under the certifi­ 1 . Where the import levy or the export refund is cate, of the specified net quantity of product during fixed in advance, the accession compensatory amount the period of validity of the certificate. in force on the day on which the application for the import or export licence is lodged shall be applicable . 5. Where the quantity imported or exported is not more than 7 % lower than the quantity specified on 2. Where the period of validity of the licence the certificate the obligation to import or export shall covers two marketing years, the 'accession' compensa­ be considered to have been fulfilled . tory amount fixed in advance applicable if the licence is used in the new marketing year may not exceed the 6. The advance fixing certificate shall be valid from 'accession' compensatory amount fixed for the new its date of issue within the meaning of Article 8 ( 1 ) of marketing year. Regulation (EEC) No 1373/70 for a period which is identical to the period of validity of the import SECTION II licence applicable to the product in question in trade with third countries . Trade between the Member States of the Community as originally constituted and the 7. The amount of the security for the advance new Member States and trade between the new fixing certificate shall be 3 units of account per metric Member States ton .

Article 6 Article 3 The provisions of Regulation (EEC) No 1373/70 , with For the purposes of this Section, with the exception of the exception of Articles Article 8 (3), (4), (5) and (6) the Member States of the — 1 , Community as originally constituted shall be treated - 2 ( 1 ), (2), (3) and (5), as a single Member State. — 4, - « (2), — 12 a, Article 4 — 15 ( 1 ), (2), (3) and (5), — 16, 1 . The 'accession compensatory amount in force — 17, on the day on which the application for the certificate referred to in Article 5 is lodged shall, provided the shall apply to the advance fixing certificate . person concerned so requests when applying for the certificate, be applied to a transaction to be effected during the period of validity of that certificate . Article 7

2. Where the period of validity of the certificate Advance fixing certificates shall be drawn up at least covers two marketing years, the 'accession' compensa­ in duplicate, the first copy of which, called 'Titular tory amount fixed in advance applicable if the licence Holder's Copy', and marked 'No 1 ', shall be issued is used in the new marketing year may not exceed the without delay to the applicant and the second, called 'accession ' compensatory amount fixed for this new ' Issuing Agency's Copy', and marked ' No 2' shall be marketing year. retained by the issuing agency.

Copy No 1 of the certificate shall be submitted to the Article 5 office responsible for completing : 1 . All transactions in products to which the system (a) in the case of an advance fixing certificate appli­ for the advance fixing of 'accession' compensatory cable to imports, import customs formalities ; amount applies shall be subject to the production of (b) in the case of an advance fixing certificate appli­ an advance fixing certificate which shall be issued by cable to exports, export customs formalities. the Member States to any applicant irrespective of the place of his establishment within the Community. After attribution of the quantity and endorsement by the office referred to in the preceding paragraph, 2. The advance fixing certificate shall be valid in Copy No 1 of the advance fixing certificate shall be the Member State of issue only. returned to the party concerned.

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Article 8 fied by the competent authority, of the control copy or copies provided for in Article 1 of Regula­ tion (EEC) No 231 5/69 ( 1), as amended by Regula­ tion (EEC) No 690/73 (2), and endorsed as indi­ 1 . As regards the period of validity of advance cated in Article 6 of Regulation (EEC) No fixing certificates : 269/73 (3), amended by Regulation (EEC) No 1466/73 (4), shall be returned or Sjent to the party (a) the obligation to import shall be considered to concerned without delay for production to the have been fulfilled and the right to import agency issuing the advance fixing certificate. pursuant to the certificate shall be considered to Where the issue of the advance fixing certificate and have been exercised on the day when the import completion of the export customs formalities both customs formalities relating to the product take place within the same Member States that concerned are completed ; Member State may provide that the copy or photocopy shall be submitted to the agency issuing (b) the obligation to export shall be considered to the advance fixing certificate through official chan­ have been fulfilled and the right to export nels . pursuant to the certificate shall be considered to 4. The security shall be released as soon as the have been exercised on the day when the export proof referred to in paragraphs 2 and 3 has been customs formalities relating to the product are furnished . completed ; 5 . Subject to the application of Article 18 of Regula­ tion (EEC) No 1373/70, where the obligation to import or export has not been fulfilled the security 2. Release of the security shall be subject to produc­ shall be forfeit for an amount equal to the difference tion of proof : between : (a) 93 % of the net quantity indicated in the advance (a) as regards imports, of completion of the import fixing certificate ; and customs formalities relating to the product (b) the net quantity actually imported or exported. concerned ; However, if the net quantity imported or exported amounts to less than 7 % of the net quantity indi­ (b) as regards exports, of completion of the export cated in the advance fixing certificate, the whole of customs formalities relating to the product the security shall be forfeit. Moreover, if for any one concerned and proof that that product has left the certificate the amount to be forfeit is less than 2 units geographical territory of the Member State in of account, the Member State may release the entire which these formalities were completed. security. 6 . On application by the titular holder of the docu­ ment, Member States may release part of the security 3 . The proof required under paragraph 2 shall be in proportion to the quantities of products for which furnished as follows : the proof referred to in paragraphs 2 and 3 of this Article has been furnished, provided it is shown that a quantity equal to at least 7 % of the net quantity indi­ (a) in cases referred to in paragraph 2 (a) of this cated in the advance fixing certificate has been Article proof shall be furnished by production of imported or exported. Copy No 1 of the advance fixing certificate and, where appropriate, of Copy No 1 of the extract or Article 9 extracts of advance fixing certificates endorsed in 1 . One of the following endorsements shall be type­ accordance with the provisions of Article 7 ; written or underlined in red in Section 12 of the advance fixing certificate : (b) in cases referred to in paragraph 2 (b) of this 'certificates valid for the application of 'accession' Article proof shall be furnished — by production compensatory amounts in trade between Member of Copy No 1 of the advance fixing certificate and, States', where appropriate, of Copy No 1 of the extract or attester til brug ved anvendelsen af tiltræ delses­ extracts of advance fixing certificates endorsed in udligningsbeløb i samhandelen mellem medlemssta­ accordance with the provisions of Article 7 — by ter' production of additional proof and such proof Vorausfestsetzungsbescheinigungen gültig für die shall be left to the choice of the authority which Anwendung der Beitrittsausgleichsbeträge im Handel issues the advance fixing certificate where the zwischen Mitgliedstaaten' issue of the certificate, the completion of export formalities and departure from the geographical (') OJ No L 295, 24. 11 . 1969 , p . 14. territory in which the certificate of advance fixing (2 ) OJ No L 66, 13 . 3 . 1973 , p. 23 . may be used take place within the same Member (3) OJ No L 30 , 1 . 2. 1973 , p . 73 . State. In other cases, a copy or a photocopy, certi­ (4) OJ No L 146, 4. 6 . 1973 , p . 13 .

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'certificats valables pour 1 application des montants montant limite au montant compensatoire adhésion compensatoires adhésion dans les échanges entre États applicable pour la nouvelle campagne' membres' 'importo limitato all importo compensativo adesione 'certificati validi per 1 applicazione degli importi applicabile per la nuova campagna' compensativi adesione negli scambi tra gli Stati membri' bedrag beperkt tot het compenserend bedrag toetreding van toepassing voor het nieuwe verkoopsei­ certificaten geldig voor de toepassing van de compen­ zoen '. serende bedragen toetreding in het handelsverkeer tussen Lid-Staten '. Where the advance fixing certificate or extract there­ 2. In Section 17 of the advance fixing certificate from is used for an import into Germany or Italy, the the word 'levy' or 'refund', as the case may be, shall be competent authorities in those Member States may deleted and replaced by the words "accession' compen­ require that it specify the adjusted rate or rates of satory amount'. 'accession' compensatory amount. In this event the rate or rates shall, at the request of the titular holder 3. In Section 19 of the advance fixing certificate or transferee, be inserted in Section 19 by the agency applicable to imports, the rate of 'accession' compensa­ which issued the advance fixing certificate as soon as tory amount applicable shall be entered for each the rate of 'accession' compensatory amount appli­ month concerned . Moreover, if the rate of 'accession ' cable in the new marketing year is known . The compensatory amount applicable in the new agency shall date and stamp the certificate. marketing year is not known at the time of advance fixing, one of the following endorsements shall appear in Section 20, preceded by an asterisk corresponding Article 10 to the rate or rates shown in Section 19 : This Regulation shall enter into force on the third day 'amount limited to the 'accession' compensatory following its publication in the Official Journal of amount applicable in the new marketing year.' the European Communities. 'dette beløb ma ikke overstige det tiltrædelses­ udligningsbeløb, som skal anvendes for det nye afsæ­ Article 2 ( 1 ) shall apply only to certificates whose date tningsår' of issue within the meaning of Article 8 ( 1 ) of Regula­ 'Betrag begrenzt auf den im neuen Wirtschaftsjahr tion (EEC) No 1373/70 is later than the date of entry geltenden Beitrittsausgleichsbetrag' into force of this Regulation .

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

Done at Brussels, 4 December 1973 . For the Commission

The President Francois-Xavier ORTOLI

6 . 12 . 73 Official Journal of the European Communities No L 337/ 15

ANNEX

I. Basic products — cereals

CCT heading No Description of goods

10.01 A Common wheat and mesiin

10.01 B Durum wheat

10.02 Rye

10.03 Barley

10.04 Oats 10.05 B Maize, other than hybrid maize for sowing

10.07 A Buckwheat

10.07 B Millet 10.07 C Grain sorghum

11.01 A Wheat or mesiin flour

II. Basic products — rice

CCT ' heading No Description of goods

10.06 Rice : A. Paddy rice ; husked rice : I. Paddy rice : a ) Round grained b ) Long grained II . Husked rice : a ) Round grained b ) Long grained

B. Semi-milled or wholly milled rice : I. Semi-milled rice : a) Round grained b ) Long grained II. Wholly milled rice : a) Round grained b ) Long grained

C. Broken rice

No L 337/ 16 Official Journal of the European Communities 6. 12 . 73

III. Products processed from cereals and rice

CCT heading No Nomenclature in simplified wording

Manioc, arrowroot, salep and other similar roots and tubers with 07.06 A high starch content, excluding sweet potatoes

11.06 A Denatured flours and meal of sago and of manioc, arrowroot, salep and other roots and tubers falling within heading No 07.06, for the manufacture of starches 11.07 Ala) Unroasted malt, obtained from wheat, in the form of flour

11.07 Alb ) Unroasted malt, obtained from wheat other than in the form of flour

11.07 A II a ) Unroasted malt, other than that obtained from wheat, in the form of flour

11.07 All b) Unroasted malt, other than that obtained from wheat, in the form of flour

11.07 B Roasted malt 23.02 Ala ) Brans, sharps, and other residues derived from the sifting, milling or working of maize or rice, with a starch content not exceeding 35 % by weight 23.02 A I b ) 1 Brans, sharps and other residues derived from the sifting, milling or working of maize or rice, with a starch content exceeding 35 °/o but not exceeding 45 % by weight, and having undergone a denaturing process 23.02 A- 1 b ) 2 Brans, sharps and other residues derived from the sifting, milling or working of maize or rice, with a starch content exceeding 35 °/o but not exceeding 45 % by weight, not having undergone a denaturing process , or with a starch content exceeding 45 °/o by weight 23.02 A II a ) Brans, sharps and other residues derived from the sifting, milling or working of cereals other than maize or rice, of which the starch content does not exceed 28 °/o by weight, and of which the percentage which passes through a sieve with an aperture of 0-2 mm does not exceed 10 °/o by weight or of which the sieved product has an ash content, calculated on the dry product, of 1*5 % or more by weight 23.02 A II b ) Brans, sharps and other residues derived from the sifting, milling or working of cereals other than maize or rice, not falling within subheading No 23.02 A II a )