31975R2757
No L 281 / 104 Official Journal of the European Communities 1 . 11.75
REGULATION (EEC) No 2757/75 OF THE COUNCIL
of 29 October 1975 laying down general rules for the system of accession compensatory amounts for cereals
THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas it is necessary to provide for the possible introduction, should the necessity arise, of a system of rules for advance fixing of the compensatory amount . 1 Having regard to the Treaty establishing the Euro pean Economic Community ;
Having regard to the Treaty (*) concerning the accession of new Member States to the European Whereas Article 55 (3 ) of the Act provides that the Economic Community and the European Atomic compensatory amounts applicable in trade between Energy Community, signed on 22 January 1972, and the new Member States shall be determined by direct in particular Articles 55 (6) and 62 ( 1 ) of the Act reference to the compensatory amounts fixed for annexed thereto ; each of those States ; whereas these provisions should be clarified by specifying that in each case the amount should be equal to the price difference Having regard to the proposal from the Commission ; between the Member States in question used for determining the compensatory amounts applicable in trade with the Community as originally constituted ; Whereas Articles 51 and 52 of the Act provide that the prices to be applied in the new Member States shall be fixed at a level different from that of the common prices ; whereas under Article 55 of the Act the differences in price levels are to be Whereas, in accordance with Article 74 (2 ) of the compensated by a system of compensatory amounts ; Act, the compensatory amounts for products covered by Council Regulation (EEC) No 2727/75 (2) of Whereas, pursuant to Article 73 of the Act, Articles 29 October 1975 on the common organization of the 51 and 52 of the Act apply to the derived intervention market in cereals, are derived from the compensatory prices for cereals ; amount for the cereals to which they relate with the aid of the coefficients or rules used in determining the levy, or the variable component of the levy, on Whereas the compensatory amounts fixed for the these products ; whereas the coefficients in question products in question and applicable in trade between were determined in Council Regulation (EEC) the Community as originally constituted and the new No 2743/75 (3) of 29 October 1975 on the system to Member States, and between the new Member States be applied to cereal-based compound feedingstuffs, and third countries, are equal to the difference in Council Regulation (EEC) No 2744/75 (4 ) of between the prices fixed for the new Member State 29 October 1975 on the import and export system in question and the common prices; for products processed from cereals and from rice, and in Council Regulation (EEC) No 2734/75 (5) of Whereas the rules for determining the level of 29 October 1975 fixing the standard qualities for certain cereals and categories of flour, groats and compensatory amounts for other cereals must, in the meal and the rules for fixing the threshold prices of light of Article 74 ( 1 ) of the Act, be so drawn up as these categories of products ; whereas it is, however, to achieve a progressive alignment on the price ratio necessary to specify that they are applicable in certain in the Community cases ;
Whereas it should be made clear that the application of Article 55 ( 1 ) (b) of the Act involves deduction of the compensatory amount from the import levy or export refund ; (2) See page 1 of this Official Journal. (3) See page 60 of this Official Journal. (4) See page 65 of this Official Journal. (!) OJ No L 73 , 27. 3 . 1972, p. 5 . (5) See page 34 of this Official Journal.
1 . 11.75 Official Journal of the European Communities No L 281 / 105
Whereas, since the purpose of compensatory Whereas appropriate measures must be taken to amounts in intra-Community trade is to promote the avoid deflection of trade where, in trade between satisfactory circulation of products between Member a new Member State and third countries, the States with different price levels, a compensatory compensatory amount is to be deducted from the amount should be levied on imports to a Member export refund or where that refund, if fixed at all, State with a higher price level, and conversely, such is lower than the compensatory amount; an amount should be granted on exports to a Member State with a lower price level ; Whereas detailed rules for levying and granting compensatory amounts should be such as to avoid Whereas, therefore, it follows from Article 55 ( 1 ) (a) deflections in trade caused, in particular, by differ of the Act, according to which compensatory ences in their levels ; amounts are levied by the importing Member State or granted by the exporting Member State, that it is for the Member State with the highest price level to Whereas for the sake of clarity the Commission grant or levy these amounts ; should be authorized to publish the compensatory amounts fixed by the Council in the Annex listing those fixed by the Commission, Whereas Article 56 of the Act provides that appropriate measures may be taken with a view to ensuring the proper functioning of the common organization of markets if the world market price HAS ADOPTED THIS REGULATION : is higher than the price used in calculating the import charge introduced under the common agricultural policy, less the compensatory amount; whereas the Article 1 measures aforesaid may in particular provide for the limited charge or grant of compensatory amounts, depending on the fluctuations in prices on the world The compensatory amounts applicable until 31 July market; whereas the terms on which these are to be 1976 in trade between the Community as originally limited must be fixed ; whereas the limitation should constituted and the new Member States, and between be reflected equally in the compensatory amounts the new Member States and third countries, shall, applicable to products processed from cereals ; for the following products, be as follows :
Trade with I
Ireland United Denmark u.a. / metric ton u.a. / metric ton Kingdom u.a. / metric ton
Common wheat 6-00 4-50 26-62
5-15 8-80 25-08 Barley
Article2¶
1 . The compensatory amounts applicable until 31 July 1976 in trade between the Community as originally constituted and the new Member States, and between the new Member States and third countries shall be calculated by applying the following coefficients to the compensatory amounts for the reference cereals :
No L 281 / 106 Official Journal of the European Communities 1 . 11 . 75
Coefficients applicable in trade with Reference Compensatory amounts for cereal United Denmark Ireland Kingdom
Durum wheat Common wheat 1-266 2-126 1-456
— Rye Barley 1-097 1-168
Oats Barley 0-960 0-953 0-902
Maize — Barley 1-269 0-931
Millet — Barley 0-966 0-925
— Grain sorghum Barley 1-329 0-930
2. For subsequent calculations, the difference in the — the difference between the amounts applicable in price ratio between the reference cereal and each of trade between each of these new Member States the cereals in question in the new Member States on and the Community as originally constituted in the one hand and the Community as originally other cases. constituted on the other shall be gradually eliminated at the rate specified in Article 52 (2) of the Act.
Article 4 The price levels on which the calculation is based shall, for each new Member State, be that resulting from the application of the compensatory amount for The compensatory amounts applicable to the the preceding marketing year and, for the Com products specified in Article 1 (c) and (d) of Regu munity, that used for fixing the threshold prices for lation (EEC) No 2727/75 shall be determined with the the new marketing year. aid of the coefficients given in Regulations (EEC) No 2743/75, (EEC) No 2744/75 and (EEC) No 2734/ 75 . 3 . The compensatory amount for common wheat rendered unfit for human consumption by denaturing as specified in Article 7 of Regulation (EEC) No 2727/75 shall be that applicable to barley. Article 5
No compensatory amount shall be fixed for In trade between new Member States and between products : those States and the Community as originally (a) falling within subheadings 10.07 A and D of the constituted, the compensatory amounts shall be Common Customs Tariff; levied or granted by that one of the two Member States in question whose price level used in (b) falling within heading No 10.02 and subheadings determining the compensatory amounts is the higher. 10.05 B and 10.07 B and C of the Common In trade between new Member States and third Customs Tariff in trade between the Community as originally constituted and Denmark. countries, the compensatory amounts shall be deducted from the import levy or export refund.
Article3¶
The compensatory amounts applicable in trade 1 . The compensatory amount applicable shall be between two new Member States shall be equal to : that ruling on the day of importation or exportation. — the compensatory amounts applicable in trade with the Community as originally constituted 2. However, should the necessity arise, the decision where there is no compensatory amount fixed in may be made, in accordance with the procedure trade between the Community and one of the referred to in Article 9 ( 1 ), to institute a system of Member States in question, advance fixing of the compensatory amount.
1 . 11.75 Official Journal of the European Communities No L 281 /107
Article 7 the product in question is exported to a third country, an amount not exceeding the difference 1 . If for any product referred to in Article 1 or between the compensatory amount and the refund Article 2 ( 1 ) the import levy is lower than the or, as the case may be, not exceeding the compensatory amount fixed for that product or compensatory amount may be levied in the new calculated in respect thereof by applying Article 2, Member State in question. the Commission shall apply the scale set out in the Annex to determine the amount applicable by way of compensatory amount in trade between the Article 9 Community as originally constituted and the new Member States and between those States and third countries . Detailed rules for granting, levying and recovering compensatory amounts shall be such as to avoid possible deflections of trade and distortions of Where, however, the amount of import levy lies competition, and adopted in accordance with the within the range of values which includes the procedure laid down in Article 26 of Regulation compensatory amount fixed in Article 1 or resulting (EEC ) No 2727/75 . from the application of Article 2, that compensatory amount shall continue to apply. Detailed rules for the application of this Regulation, and in particular the compensatory amounts other 2. For the products referred to in Article 1 (c) of than those determined in Article 1 , shall be adopted Regulation (EEC) No 2727/75 the amount applicable by the same procedure. by way of compensatory amount shall be determined by the Commission in accordance with the terms and on the conditions set out in the foregoing paragraph, The Commission shall be authorized to 'publish the the amount to be taken for purposes of import levy compensatory amounts together with those fixed in Articles 1 and 2 (3 ). being in this case the levy chargeable in respect of the product in question reduced by the amount representing the component for protection of the processing industry referred to in Regulation (EEC) Article 10 No 2734/75 .
1 . Council Regulation (EEC ) No 229/73 (*) of 3. For the products referred to in Article 1 (d) of 31 January 1973 laying down general rules for the Regulation (EEC) No 2727/75 the amount applicable system of compensatory amounts for cereals and by way of compensatory amount shall be determined fixing these for certain products, as last amended by the Commission by reference to the variations in by Regulation (EEC) No 1602/75 (2), is hereby the amount or amounts determined under para repealed. graph 1 for the basic cereals concerned.
2. References to the Regulation repealed by virtue 4. The provisions of Article 3 shall apply to of paragraph 1 shall be construed as references to determination of these amounts in respect of trade this Regulation . between two new Member States .
Article 8 Article 11 Where, for a given product, a compensatory amount is fixed and the export refund, if fixed at all, is This Regulation shall enter into force on lower than the compensatory amount, then, when 1 November 1975 .
This Regulation shall be binding in its entirety and directly applicable in all Member States . Done at Luxembourg, 29 October 1975 . For the Council The President G. MARCORA
(*) OJ No L 27, 1 . 2. 1973, p. 25 . (2) OJ No L 164, 27. 6. 1975, p . 2.
No L 281 / 108 Official Journal of the European Communities 1 . 11.75
ANNEX
Amount of Community import levy Amounts applicable by way of accession (u.a . /metric ton) compensatory amount ( u.a. /metric ton)
from 100-00 to 96-01 98-00 from 96-00 to 92-01 94-00 from 92-00 to 88-01 90-00 from 88-00 to 84-01 86-00 from 84-00 to 80-01 82-00 from 80-00 to 76.01 78-00 from 76-00 to 72-01 74-00 from 72-00 to 68-01 70-00 from 68-00 to 64-01 66-00 from 64-00 to 60-01 62-00 from 60-00 to 56-01 58-00 from 56-00 to 52-01 54-00 from 52-00 to 48-01 50-00 from 48-00 to 44-01 46-00 from 44-00 to 40-01 42-00 from 40-00 to , 36-01 38-00 from 36-00 to 32-01 34-00 from 32-00 to 28-01 30-00 from 28-00 to 24-01 26-00 from 24-00 to 20-01 22-00 from 20-00 to 16-01 18-00 from 16-00 to 12-01 14-00 from 12-00 to 8-01 10-00 from 8-00 to 4-01 6-00 from 4-00 to 0-01 2-00 0 0