31975R2776

No L 282/74 Official Journal of the European Communities 1.11.75

REGULATION (EEC) No 2776/75 OF THE COUNCIL

of 29 October 1975

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

THE COUNCIL OF THE EUROPEAN COMMUNITIES, (EEC) No 2757/75 (3) of 29 October 1975 laying down general rules for the system of accession compensatory amounts for cereals; Having regard to the Treaty establishing the European Economic Community; Whereas the economic situation of egg production in the new Member States should also be taken into account ; Having regard to the Treaty ( J) concerning the accession of new Member States to the European Whereas the compensatory amounts for the other Economic Community and the European Atomic Energy Community, signed on 22 January 1972, and products specified in Council Regulation (EEC) No 2771 /75 (4 ) of 29 October 1975 on the common in particular Articles 47 (5 ) and 62 ( 1) of the Act annexed thereto ; organization of the market in eggs, must be derived from the compensatory amount for eggs in shell with the help of the coefficients used in calculating the levy; Having regard to the proposal from the Commission ;

Whereas pursuant to Article 47 ( 1 ) of the Act, the Whereas pursuant to Article 55 of the Act the compensatory amount for ovalbumin and lactalbu­ differences in price levels for agricultural products min must be calculated on the basis of the compensa­ between the Community as originally constituted and tory amount for eggs in shell in accordance with the the new Member States are to be compensated by the rules laid down in Article 2 of Council Regulation levying or granting of compensatory amounts (EEC) No 2783/75 (5) of 29 October 1975 on the applicable in trade between them, and between the common system of trade for ovalbumin and lactal­ new Member States and third countries ; whereas bumin ; such compensatory amounts for eggs must be calculated in accordance with Article 77 of the Act; Whereas, in pursuance of Article 7 of iRegulation (EEC) No 2757/75, the levying or granting of compensatory amounts for cereals can be limited in Whereas the compensatory amount per kilogramme order to deal with the situation referred to in Article of eggs in shell must be calculated on the basis of the 56 of the Act; whereas it is necessary to take this compensatory amount applicable to the quantity of restriction into account for egg products, viewed as feed grain required for the production in the products derived from cereals, in order to ensure the Community of 1 kilogramme of eggs in shell; proper functioning of the common organization of whereas this quantity of feed grain was fixed in the market; Annex I to Council Regulation (EEC) No 2773/75 (2) of 29 October 1975 laying down general rules for calculating the levy and the sluice-gate price for eggs ; Whereas since the aim of the compensatory amounts in intra-Community trade is to provide satisfactory conditions for the movement of products between Whereas the compensatory amount per egg for two Member States with different price levels, a hatching is calculated in accordance with the same compensatory amount must be levied for imports criteria ; into a Member State having a higher price level for feed grain, and, conversely, must be granted for exports to a Member State having a lower price level Whereas the compensatory amounts for feed grain for feed grain; were fixed in accordance with Council Regulation

(3) OJ No L 281, 1 . 11 . 1975, p. 104. W OJ No L 73 , 27. 3 . 1972, p. 5 . (4) See page 49 of this Official Journal. (2) See page 64 of this Official Journal. (5) See page 104 of the Official Journal.

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1 . 11.75 Official Journal of the European Communities No L 282/75

Whereas, consequently, Article 55 ( 1 ) (a) of the Act, Article 4 under which compensatory amounts are to be levied by the importing Member State or granted by the If Article 7 of Regulation (EEC) No 2757/75 is applied exporting Member State, means that the task of,, during one or more days in the course of the first 75 levying or granting these amounts falls to the Member State having the higher price level : days of any quarter up to 1 August, 1 November, 1 February or 1 May, the amount applicable in the following quarter as the compensatory amount for Whereas rules must be laid down for the levying and the products referred to in Articles 1 and 2 shall be granting of compensatory amounts in such a way as determined every quarter by reference to the average to avoid deflection of trade, of tfie 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 2773/75 . HAS ADOPTED THIS REGULATION : However, if the amount varies by less than 5 % from the amount determined for the previous quarter, the latter amount shall remain unchanged. Article 1

The accession compensatory amounts for eggs in Article 5 shell, applicable in trade between the Community as originally constituted and the new Member States, and between those States and third countries, shall be, The accession compensatory amounts applicable in calculated on the basis of the amounts shown in the trade between two new Member States shall be equal Annex by reference to the variation in the accession to the difference between the accession compensatory compensatory amounts applicable for the quantity of amounts applicable in trade between each of those feed grain necessary for production in the States and the Community as originally constituted. Community of 1 kilogramme of eggs in shell or one egg for hatching.

Article 6 Article 2 In trade between the new Member States and between those States and the Community as The accession compensatory amounts for the pro­ ducts specified in Article 1 ( 1 ) (b) of Regulation originally constituted the accession compensatory (EEC) No 2771 /75 , applicable in trade between the amounts shall be granted or levied by that one of the Community as originally constituted and the new Member States in question in which the price level Member States, and between those States and third for the quantity of feed grain specified in Annex I to countries, shall be derived from the accession Regulation (EEC) No 2773/75 is the higher. compensatory amount for eggs in shell, other than eggs for hatching, with the help of the coefficients expressing the ratio specified in Article 5 (2) of the Article 7 abovementioned Regulation.

1 . In trade between the new Member States and Article 3 third countries, the accession compensatory amounts shall be deducted from the levies or refunds.

The accession compensatory amounts for the products specified in Article 1 of Regulation (EEC) 2. If an accession compensatory amount is fixed No 2783/75, applicable in trade between the for a given product and the refund is lower than that Community as originally constituted and the new accession compensatory amount or has not been Member States, and between those States and third fixed, then, when the product in question is exported countries, shall be derived from the accession to a third country, provision may be made for the compensatory amount for eggs in shell, other than new Member State in question to levy an amount which shall not exceed the difference between the eggs for hatching, with the help of the coefficients specified in Article 2 ( 1 ) of the abovementioned accession compensatory amount and the refund or, as Regulation. the case may be, the compensatory amount.

No L 282/76 1 . 11 . 75 Official Journal of the European Communities

Article 8 3 . The amounts referred to in Article 4 shall be fixed by the Commission. The accession compensatory amount applicable shall be that in force on the day of importation or Article 10 exportation.

1 . Council Regulation (EEC) No 237/73 (*) of 31 Article 9 January 1973 laying down general rules for the system of compensatory amounts for eggs, as amended by Regulation (EEC) No 2880/73 (2), is 1 . Detailed rules for the granting, levying and hereby repealed. recovery of the compensatory amounts shall be such as to prevent, in particular, deflection of trade and shall be adopted in accordance with the procedure 2. References to the Regulation repealed by laid down in Article 17 of Regulation (EEC) paragraph 1 shall be construed as references to this No 2771 /75 . Regulation.

2. Detailed rules for the application of this Article 11 Regulation and in particular the accession compensatory amounts other than those fixed in Article 1 ( 1 ) shall be drawn up according to the same This Regulation shall enter into force on 1 November 1975 . procedure.

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 . 9 . H OJ No L 297, 25 . 10. 1973 , p. 4.

ANNEX

Trade with : CCT Description heading No United Denmark Ireland Kingdom 1 2 3 4 5 u.a. / 100 pieces u.a./100 pieces u.a./100 pieces 04.05 Birds' eggs and egg yolks, fresh, dried or otherwise pre­ served, sweetened or not: A. Eggs in shell, fresh or preserved : 1 . Poultry eggs: a) Eggs for hatching (a) 0-0830 0-4485 0-8829

u.a./100 kg u.a./100 kg u.a./100 kg Il

b) Other 0-8556 4-6210 9-0982

(a) Only poultry eggs which fulfil the conditions stipulated by the competent authorities of the European Communities are eligible for entry under this subheading.