31975R2781

No L 282/96 Official Journal of the European Communities 1.11.75 ?

REGULATION (EEC) No 2781 /75 OF THE COUNCIL of 29 October 1975

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

\ THE COUNCIL OF THE EUROPEAN COMMUNITIES, Regulation (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, moreover, account should be taken of the economic situation of poultry production in the new Having regard to the Treaty (*) concerning the Member States ; Accession of new Member States to the European Economic Community and the European Atomic Energy Community, signed at Brussels on 22 January Whereas, the compensatory amount for the other 1972, and in particular Article 62 ( 1 ) of the Act products covered by Council Regulation (EEC) No annexed thereto ; 2777/75 (4) of 29 October 1975 on the common organization of the market in poultrymeat, must be derived from the compensatory amount applicable to Having regard to the proposal from the Commission; slaughtered poultry with the help of the coefficients used for the calculation of the levy;

Whereas, pursuant to Article 55 of the Act, differences in the price levels of agricultural products Whereas, in pursuance of Article 7 of Regulation between the Community as originally constituted and (EEC) No 2757/75 the levying or granting of the new Member States are to be compensated by compensatory amounts for cereals can be limited in levying or granting compensatory amounts applicable order to deal with the situation referred to in Article in trade between the new Member States and in trade 56 of the Act; whereas it is necessary to take this between the new Member States and third countries ; restriction into account for poultrymeat products, whereas such amounts are to be calculated in respect viewed as products derived from cereals, in order to of poultrymeat in accordance with Article 79 of the ensure the proper functioning of the common Act; organization of the market;

Whereas the compensatory amount applicable per kilogramme of slaughtered poultry must be Whereas, since the aim of compensatory amounts in calculated on the basis of the compensatory amounts intra-Community trade is to provide satisfactory applicable to the quantity of feed grain which is conditions for the movement of products between required for the production in the Community of one two Member States with different price levels, a kg of slaughtered poultry; whereas this quantity of compensatory amount must be levied for imports feed grain was fixed in Annex I to Council into a Member State having a higher price level for Regulation (EEC) No 2778/75 (2) of 29 October feed grain and, conversely, such an amount must be 1975 laying down rules for calculating the levy and granted for exports to a Member State having a the sluice-gate price for poultrymeat; lower price level for feed grain ;

Whereas the compensatory amount applicable per Whereas, consequently, Article 55 ( 1 ) ( a) of the Act, chick is calculated in accordance with the same under which compensatory amounts are to be levied criteria ; by the importing Member State or granted by the exporting Member State, means that the task of ! levying or granting such amounts falls to the Member Whereas the compensatory amounts applicable to State having the highest price level for feed grain; feed grain were fixed in accordance with Council

(*) OJ No L 73, 27. 3 . 1972, p. 5 . (3) OJ No L 281, 1 . 11 . 1975, p. 104. (2) See page 84 of this Official Journal. (4) See page 77 of this Official Journal .

1 . 11.75 Official Journal of the European Communities No L 282/97

Whereas rules must be laid down for the levying and to the difference between the accession compensatory granting of compensatory amounts in such a way as amounts applicable in trade between those new to avoid deflection of trade, Member States respectively and the Community as originally constituted.

HAS ADOPTED THIS REGULATION : Article S

Article 1 In trade between the new Member States, and between those States and the Community as The accession compensatory amounts for slaughtered originally constituted, the accession compensatory poultry and chicks applicable in trade between the amounts shall be levied or granted by that one of the Community as originally constituted and the new two Member States concerned whose price level for Member States, and between those States and third the quantity of feed grain referred to in Annex I of countries, shall be calculated on the basis of the Regulation (EEC) No 2778 /75 is the higher. amounts shown in the Annex by reference to the variation in the accession compensatory amounts applicable for the quantity of feed grain necessary for Article 6 production in the Community of 1 kg of poultrymeat or one chick. 1 . In trade between the new Member States and third countries, the accession compensatory amounts Article 2 shall be deducted from levies and refunds .

The accession compensatory amounts for the 2. If an accession compensatory amount is fixed products referred to in Article 1 (2) (d) of Regulation for a given product and the refund is lower than that (EEC) No 2777/75 (applicable in trade between the compensatory amount or has not been fixed, then Community as originally constituted and the new when the product in question is exported to a third Member States, and between those States and third country, provision may be made for the new Member countries), shall be derived from the accession State in question to levy an amount which shall not compensatory amount applicable to slaughtered exceed the difference between the accession poultry with the help of the coefficients expressing compensatory amount and the refund or, as the case the ratios referred to in Article 5 ( 1 ) of the may be , the accession compensatory amount. abovementioned Regulation.

Article7¶

If Article 7 of Regulation (EEC) No 2757/75 is The accession compensatory amount applicable shall be that in force on the day of importation or applied during one or more days in the course of the first 75 days of any quarter up to 1 August, exportation . 1 November, 1 February or 1 May, the amount applicable in the following quarter as the compensatory amount for the products referred to in Article 8 Articles 1 and 2 shall be determined every quarter by reference to the average of the amounts determined 1 . Detailed rules for the granting, levying and during the first 75 days of the previous quarter for recovery of accession compensatory amounts shall be the cereals included in the quantity of feed grain referred to in Article 1 of Regulation (EEC) No laid down in such a way as to prevent, in particular, 2778 /75 . deflection of trade and in accordance with the procedure laid down in Article 17 of Regulation (EEC ) No 2777/75 . However, if the amount varies by less than 5 % from the amount determined for the previous quarter, the latter amount shall remain unchanged. 2. Detailed rules for the application of this Regulation and in particular accession compensatory amounts other than those determined in Article 1 ( 1 ) Article 4 shall be drawn up according to the same procedure.

The accession compensatory amounts applicable in 3 . The amounts referred to in Article 3 shall be trade between two new Member States shall be equal fixed by the Commission.

No L 282/98 Official Journal of the European Communities 1 . 11.75

Article 9 2. References to the Regulation repealed by paragraph 1 shall be construed as references to this Regulation. 1 . Council Regulation (EEC) No 235/73 (*) of 31 January 1973 laying down general rules for the Article 10 system of compensatory amounts for poultrymeat, as amended by Regulation (EEC) No 2880/73 (2), is This Regulation shall enter into force on 1 November hereby repealed. 1975 .

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

Done at Luxembourg, 29 October 1975 .

For the Council The President G. MARCORA

H OJ No L 29, 1 . 2. 1973 , p; 4. (2) OJ No L 297, 25 . 10. 1973 , p. 4.

1 . 11.75 Official Journal of the European Communities No L 282/99

ANNEX

Trade with CCT heading Description of goods United No Denmark Ireland Kingdom 1 2 3 4 5 u.a./100 units u.a./ 100 units u.a./ 100 units |

01.05 Live poultry, that is to say, fowl, ducks, geese, turkeys, and guinea fowls :

A. Of a weight not exceeding 185 g ( known as 'chicks') 0-1328 0-7175 1-4127

u.a. / 100 kg u.a. / 100 kg u.a. / 100 kg \

02.02 Dead poultry (that is to say, fowls, ducks, geese, turkeys, and guinea fowls) and edible offals thereof (except liver), fresh, chilled, or frozen :

A. Whole poultry :

I. Fowl : a) Plucked and gutted, with heads and feet, known as ' 83 % chickens' 0-3346 3-7294 6-6737 b) Plucked and gutted, without heads and feet, but with hearts, livers, and gizzards, known as ' 70 % chickens' 0-3859 4-3016 7-6976 c) Plucked and drawn, without heads and feet and without hearts, livers and gizzards, known as ' 65 % chickens ' 0-4277 4-7678 8-5318

II . Ducks : a ) Plucked, bled, not drawn or gutted with heads and feet, known as ' 85 % ducks' 1-0278 5-5428 10-9547 b ) Plucked and drawn , without heads and feet, but with hearts, livers and gizzards, known as ' 70 % ducks' 1-2486 6-7334 13-3077 c) Plucked and drawn, without heads and feet and without hearts, livers and gizzards, known as ' 63 % ducks' 1-3861 7-4750 14-7735

III . Geese : a ) Plucked, bled, not drawn, with heads and feet, 1-1038 5-9527 11-7648 known as '82 % geese' b ) Plucked and drawn, without heads and feet, with or without hearts and gizzards, known as 1-2051 6-4992 12-8448 '75 % geese'

0-9699 5-2306 10-3376 IV. Turkeys

V. Guinea fowls 1-5091 8-1386 - 16-0840