31976R1435

25 . 6 . 76 Official Journal of the European Communities No L 166/47

COUNCIL REGULATION (EEC) No 1435/76 of 21 June 1976

laying down general rules for the system of accession compensatory amounts for rice arid fixing these amounts for certain products

THE COUNCIL OF THE EUROPEAN COMMUNITIES . of rice processing (2), as last amended by Regulation (EEC) No 1484/75 (8);

Having regard to the Treaty establishing the Euro­ pean Economic Community, Whereas for the products listed in Article 1 ( 1 ) (c) of Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of the Having regard to the Treaty of Accession (*), and market in rice (4), the compensatory amount must in particular Articles 55 (6) and 62 ( 1 ) of the Act be fixed with the aid of the coefficients used in annexed thereto, determining the variable component of the levy; whereas these coefficients were fixed by Council Regulation (EEC) No 2744/75 of 29 October 1975 Having regard to the proposal from the Commission, on the import and export system for products pro­ cessed from cereals and from rice (5); Whereas under Article 80 of the Act, compensatory amounts for round grain and long grain husked rice and for broken rice must be established on the Whereas, since the purpose of compensatory amounts basis of the difference between the threshold price in intra-Community trade is to enable trade between and the market prices recorded on the market of Member States having different price levels to be the new Member State concerned during a reference carried on under satisfactory conditions, a com­ period; pensatory amount should be levied on imports to a Member State with a higher price level and, con­ Whereas the new Member States have until now versely, such an amount should be granted on exports to a Member State with a lower price level ; obtained their supplies at world market prices ; whereas, these prices, which serve as a basis for fixing the levies after adjustment for differences in transport costs, should be used to establish for Whereas it therefore follows from Article 55 ( 1 ) (a) these new Member States a price comparable to the of the Act, according to which compensatory amounts threshold price and scarcely varying from one new are levied by the importing Member State or granted Member State to another; whereas compensatory by the exporting Member State, that it is for the amounts for husked rice and broken rice should Member State with the higher price level to grant therefore be fixed at an identical level for the three or levy these amounts ; new Member States ;

Whereas Article 56 of the Act provides that appro­ Whereas the rules in Article 80 (2) of the Act apply priate measures may be taken with a view to ensuring to compensatory amounts other than those specified the proper functioning of the common organization above ; whereas under that Article the compensatory of the market when the world market price is amounts for paddy rice, semi-milled rice and wholly higher than the price used in calculating the import milled rice are to be determined by reference to charge introduced under the common agricultural the . compensatory amount for husked rice with the aid of the coefficients referred to in Commission policy, less the compensatory amount; whereas the Regulation No 467/67/EEC of 21 August 1967 fixing the conversion rates, the processing costs and the value of the by-products for,, the various stages (2) OJ No 204, 24. 8. 1967, p. 1 . (3) OJ No L 150, 11 . 6. 1975 , p. 7. (') See page 1 of this Official Journal. (x) OJ No L 73, 27. 3. 1972, p. 5. (5) OJ No L 281 , 1 . 11 . 1975, p. 65.

No L 166/48 Official Journal of the European Communities 25 . 6 . 76

measures aforesaid may in particular provide for Long grain husked rice : 114-5 units of account per the limited levying or granting of compensatory metric ton ; amounts depending on the fluctuations of prices on the world market ; whereas rules for such limitation Broken rice : 45-5 units of account per metric ton. must therefore be laid down ; whereas, moreover, the limitation should be reflected to the same extent in the compensatory amounts applicable to products Article 2 processed from rice ; The compensatory amounts applicable to paddy rice, semi-milled rice, wholly milled rice and products Whereas it should be made clear that the application listed in Article 1 ( 1 ) (c) of Regulation ( EEC ) No 1418/76 shall be fixed with the aid of the coefficients of Article 55 ( 1 ) (b ) of the Act involves deduction of given in Regulation No467/67/EEC and in Regulation the compensatory amount from the import levy or ( EEC ) No 2744/75 . export refund ;

Article 3 Whereas it is necessary to provide for the possible introduction, should the need arise, of arrangements In trade between the new Member States and the for the advance fixing of the compensatory amount ; Community as originally constituted, compensatory amounts shall be levied or granted by that one of the two Member States in question whose price level Whereas appropriate measures must be taken to avoid used in determining the compensatory amounts is the deflection of trade where, in trade between a new higher. In trade between new Member States and Member State and third countries, the compensatory third countries, the compensatory amounts shall be amount is to be deducted from the refund and the deducted from the import levy or export refund. latter is lower than the compensatory amount or is not fixed at all ; Article 4

1 . The applicable compensatory amount shall be Whereas the detailed rules for levying and granting that in force on the day of importation or expor­ compensatory amounts should be such as to avoid tation . deflections of trade caused, in particular, by differ­ ences in their levels ; 2 . However, should the need arise, a decision may be taken, in accordance with the procedure referred to in Article 7 ( 1 ), to introduce arrangements for Whereas for the sake of clarity the Commission the advance fixing of the compensatory amount. should be authorized to publish the compensatory amounts fixed by the Council in the Annex setting out those fixed by the Commission, Article 5

1 . If the import levy for any product referred to in Article 1 is lower than the compensatory amount fixed for that product, the Commission shall , by HAS ADOPTED THIS REGULATION : applying the scale set out in the Annex hereto, determine the amount applicable by way of com­ pensatory amount in trade between the Community as originally constituted and the new Member States , Article 1 and between those States and third countries .

The compensatory amounts applicable until 31 However, where the amount of the import levy lies within the range of values which includes the com­ August 1973 to trade between the Community as pensatory amount fixed in Article 1 , that com­ originally constituted and the new Member States and between the new Member States and third pensatory amount shall continue to apply. countries shall, for the following products, be as follows : 2. For paddy rice, semi-milled or wholly milled rice the amount applicable by way of compensatory Round grain husked rice : 99 units of account per amount shall be determined by the Commission metric ton ; with the aid of the coefficients given in Regulation

25 . 6 . 76 Official Journal of the European Communities No L 166/49

No 467/67/EEC and by reference to the variations (c) detailed rules for granting, levying and recovering in the amount or amounts as determined in accord­ compensatory amounts in such a way as to avoid ance with paragraph 1 for husked rice. deflections of trade and distortion of competition ;

3 . For the products listed in Article 1 (c) of Regu­ lation ( EEC) No 1418/76, the amount applicable by (d) other detailed rules for the application of this way of compensatory amount shall be determined Regulation. by the Commission by reference to the variations in the amount or amounts as determined in accord­ ance with paragraph 1 for the relevant basic pro­ 2. The Cofnmission is hereby authorized to publish ducts . the compensatory amounts together with the com­ pensatory amounts fixed in Article 1 . Article 6

Where, for a given product, a compensatory amount has been fixed and the export refund is lower than Article 8 that compensatory amount, or has not been fixed, then, when the product in question is exported to 1 . Council Regulation (EEC) No 243 /73 of 31 De­ a third country, an amount not exceeding the cember 1973 laying down general rules for the difference between the compensatory amount and system of compensatory amounts for rice and fixing the refund, or, , as the case may be, not exceeding # these amounts for certain products (*), as amended by the compensatory amount, may be levied in the Regulation ( EEC) No 1999/74 (2), is hereby repealed . new Member State in question.

Article 7 2. References to the Regulation repealed by para­ 1 . The following shall be determined in accordance graph 1 shall be construed as references to this with the procedure laid down in Article 27 of Regu­ Regulation. lation ( EEC ) No 1418 /76 :

(a) the compensatory amounts provided for in Article 2 ; Article 9 ( b) the compensatory amounts provided for in Article 1 for subsequent marketing years ; This Regulation shall enter into force on 1 July 1976.

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

Done at Luxembourg, 21 June 1976. a For the Council

The President

J. HAM1LIUS

(x ) OJ No L 29 , 1 . 2. 1973 , p. 26. (2) OJ No L 209, 31 . 7. 1974, p . 5.

No L 166/50 25 . 6. 76 Official Journal of the European Communities

ANNEX

Amount applicable Amount of the by way of accession import levy compensatory amount (u.a./ metric ton) (u.a. / metric ton )

from 168 to 162-01 165 from 1&2 to 156*01 159 from 156 to 150-01 153 from 150 to 144-01 147 from 144 to 138-01 141 from 138 to 132-01 135 from 132 to 126-01 129 from 126 to 120-01 123 from 120 to 114-01 117 from 114 to 108-01 111 from 108 to 102-01 105 from 102 to 96-01 99 from 96 to 90-01 93 from 90 to 84-01 87 from 84 to 78-01 81 from 78 to 72-01 75 from 72 to 66-01 69 from 66 to 60-01 63 from 60 to 54-01 57 from 54 to 48-01 51 from 48 to 42-01 45 from 42 to 36-01 39 from 36 to 30-01 33 from 30 to 24-01 27 from 24 to 18-01 21 from 18 to 12-01 15 from 12 to 6-01 9 from 6 to 0-01 3 . 0 0