31975R2770

No L 282/46 Official Journal of the European Communities 1 . 11.75

REGULATION (EEC) No 2770/75 OF THE COUNCIL

of 29 October 1975

laying down general rules for the system of accession compensatory amounts for pigmeat

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas the economic situation of pig production in the new Member States should also be taken into account ; Having regard to the Treaty establishing the European Economic Community ; Whereas the compensatory amount for the other products specified in Council Regulation (EEC) No Having regard to the Treaty (*) concerning the 2759/75 (4) of 29 October 1975 on the common Accession of new Member States to the European organization of the market in pigmeat, must be Economic Community and the European Atomic derived from the compensatory amount for pig Energy Community, signed on 22 January 1972, and carcases with the help of the coefficients used in in particular Article 62 ( 1 ) of the Act annexed calculating the levy ; thereto ;

Whereas under Article 7 of Regulation (EEC) No Having regard to the proposal from the Commission ; 2757/75 the charging or granting of compensatory amounts for cereals may be limited in order to deal with the situation referred to in Article 56 of the Act; Whereas pursuant to Article 55 of the Act the whereas such limitation must be taken into account differences in price levels for agricultural products for pigmeat products, in as much as they are derived between the Community as originally constituted and from cereals, if the proper functioning of the the new Member States are to be compensated by the common organization of the markets is to be levying or granting of compensatory amounts assured ; whereas lard, which is subject to particular applicable in trade between them, and between the market conditions in certain new Member States, new Member States and third countries ; whereas should furthermore be exempt from this limitation of such compensatory amounts for pigmeat must be compensatory amounts ; calculated in accordance with Article 75 of the Act;

Whereas the compensatory amount per kilogramme Whereas since the aim of the compensatory amounts of pig carcase must be calculated on the basis of the in intra-Community trade is to provide satisfactory compensatory amount applicable to the quantity of conditions for the movement of products between feed grain required for the production of 1 two Member States with different price levels, a kilogramme of pigmeat in the Community ; whereas compensatory amount must be levied on imports into this quantity of feed grain was fixed in Article 1 of a Member State having a higher price level for feed Council Regulation (EEC) No 2764/75 (2) of 29 Oc­ grain, and, conversely, must be granted for exports to tober 1975 laying down the rules for calculating a a Member State having a lower price level for feed component of the levy on pig carcases; grain ;

Whereas the compensatory amounts for feed grain Whereas, consequently, Article 55 ( 1 ) (a) of the Act, were fixed in accordance with Council Regulation under which compensatory amounts are to be levied (EEC) No 2757/75 (3) of 29 October 1975 laying by the importing Member State or granted by the down general rules for the system of accession exporting Member State, means that the task of compensatory amounts for cereals; levying or granting these amounts falls to the Member State having the higher price level for feed grain ;

H OJ No L 73 , 27. 3 . 1972, p. 5 . (2) See page 21 of this Official Journal. (3) OJ No L 281 , 1 . 11 . 1975 , p. 104. (4) See page 1 of this Official Journal .

1 . 11.75 Official Journal of the European Communities No L 282/47

Whereas rules must be laid down for the levying and compensatory amount for the products referred to in granting of compensatory amounts in such a way as Articles 1 and 2 shall be determined every quarter by to avoid deflection of trade, reference to the average of the amounts determined during the first 75 days of the previous quarter for the cereals included in the quantity of feed grain referred to in Article 1 of Regulation (EEC) No 2764/75 . HAS ADOPTED THIS REGULATION : However, if the amount varies by less than 5 % from the amount determined for the previous quarter, the Article 1 latter amount shall remain unchanged.

1 . The accession compensatory amounts for 2. The provisions of paragraph 1 shall not apply domestic pigmeat, in the form of carcases or to the compensatory amount for products falling half-carcases, with or without heads, feet or flare fat, within subheading 15.01 A of the Common Customs falling within subheading 02.01 A III a) 1 of the Tariff. Common Customs Tariff, and hereinafter designated 'pig carcases', applicable in trade between the Community as originally constituted and the new Article 4 Member States , and between those States and third countries , shall be calculated on the basis of the The accession compensatory amounts applicable in amounts specified in paragraph 2 by reference to the trade between two new Member States shall be equal variation in the accession compensatory amounts to the difference between the accession compensatory applicable for the quantity of feed grain required to amounts applicable in trade between each of those produce one kilogramme of pigmeat in the States and the Community as originally constituted. Community.

Article 5 2. The amounts referred to in paragraph 1 shall be the following compensatory amounts, valid for June/July 1973 : In trade between the new Member States and between those States and the Community as u.a./ 100 kg originally constituted, the accession compensatory amounts shall be granted or levied by whichever Denmark 1-36 Member State has the higher price level for the Ireland 5-60 quantity of feed grain specified in Article 1 of Regulation (EEC) No 2764/75 . United Kingdom 13-30

Article6¶

1 . In trade between the new Member States and The accession compensatory amounts for the third countries, the accession compensatory amounts products specified in Article 1 ( 1 ) of Regulation shall be deducted from the levies or refunds . (EEC) No 2759/75, other than pig carcases, appli­ cable in trade between the Community as originally 2. If an accession compensatory amount is fixed constituted and the new Member States, and between for a given product and the refund is lower than that those States and third countries, shall be derived compensatory amount or has not been fixed, then, from the accession compensatory amount applicable when the product in question is exported to a third to pig carcases with the aid of the coefficients country, provision may be made for the new Member expressing the ratio referred to in Article 10 ( 1 ) and State in question to levy an amount which shall not (2) (a) of the Regulation aforesaid. exceed the difference between the accession compensatory amount and the refund or, as the case may be, the accession compensatory amount. Article 3

Article 7 1 . If Article 7 of Regulation (EEC) No 2757/75 is applied during one or more days in the course of the first 75 days of any quarter up to 1 August, 1 The accession compensatory amount applicable shall November, 1 February or 1 May, the amount be that in force on the day of importation or applicable in the following quarter as the exportation .

No L 282/48 1 . 11.75 Official Journal of the European Communities

Article8¶

1 . Council Regulation (EEC) No 234/73 (*) of 31 1 . Detailed rules for the granting, levying and January 1973 laying down general rules for the recovery of the accession compensatory amounts system of compensatory amounts for pigmeat, as shall be such as to prevent, in particular, deflection of amended by Regulation (EEC) No 2879/73 (2), is trade and shall be adopted in accordance with the procedure laid down in Article 24 of Regulation hereby repealed. (EEC) No 2759/75 . 2. References to the Regulation repealed by paragraph 1 shall be construed as references to this 2. Detailed rules for the application of this Regulation. Regulation and in particular the compensatory amounts, other than those fixed in Article 1 ( 1 ) shall " be drawn up by the same procedure. Article 10

3 . The amounts referred to in Article 3 shall be This Regulation shall enter into force on 1 November determined by the Commission. 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 29, 1 . 2. 1973, p . 1 . (2) OJ No L 297, 25 . 10. 1973, p. 3 .