31977R0430

No L 61/20 Official Journal of the European Communities 5. 3 . 77

COUNCIL REGULATION (EEC) No 430/77

of 14 February 1977

laying down general rules for the system of compensatory amounts for beef and veal

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas customs duties between the Community as originally constituted and the new Member States have been gradually eliminated and the Com'mon Customs Tariff has been gradually introduced in the Having regard to the Act of Accession, and in new Member States, so that the elimination of all particular Article 62 ( 1 ) .thereof, intra-Community customs duties and the full-scale application of the Common Customs Tariff in respect of products covered by Regulation (EEC) No Having regard to the proposal from the Commission, 805/68 will be achieved from the beginning of the 1977/78 marketing year; whereas, in a system that is to take effect on 1 April 1977, it therefore no Whereas, pursuant to Article 90 of the 'Act of Ac­ longer seems necessary to 'provide fbr the adjust­ cession, Articles 51 and 52 apply to guide prices in ment of compensatory amounts by the incidence of the beef and veall sector; customs duties ;

Whereas Articles 51 and 52 of the Act of Accession Whereas, in view of the extent otf the amendments, provide that the prices to be applied in the new it seems advisable to replace Regulation (EEC) No Member States can be fixed at a level which may be 181/73 ; different from the level of common prices ; whereas, pursuant to Article 55 of the Act of Accession, the differences in price levels are compensated for by Whereas if the levy is reduced in accordance with a system of compensatory amounts; Article 12 of Regulation (EEC) No 805/68 the compensatory amounts should also be reduced to maintain Community preference ; whereas it is also Whereas the compensatory amounts applicable in necessary, in order to avoid deflections of trade, to trade between the Community as originally apply the same reduction to the amounts granted and constituted and the new Member States, and between the amounts levied; those States and third countries, are to equal the difference between the prices fixed for the new Member State concerned and the common prices Whereas the compensatory amounts applicable to adjusted, where necessary, by the incidence of the types of meat referred to in the Annex to Regu­ customs duties ; lation (EEC) No 805/68 must be derived from the compensatory amounts applicable to bovine animals ; whereas they aan be derived by applying the co­ Whereas, for the beef and veal sector, the general efficients used to calculate the levies; whereas, rules of the system of compensatory amounts were however, deflections oif trade are likely to occur as laid down by Regulation (EEC) No 181/73 (*); a result of the application of these coefficients since whereas, since the arrangements applicable to the presentation of certain cuts may be advantageous imports from third countries laid down in Council or disadvantageous according to whether an amount Regulation (EEC) No 805/68 of 27 June 1968 on the is to be granted or levied ; whereas to prevent such common organization of the market in beef, and deflections of trade provision shoulld be made for veal (2) were amended by Regulation (EEC) No different coefficients to be set; 425/77 (3), the system of compensatory amounts should be adjusted accordingly; Whereas Article 55 (4) of the Act of Accession provides that no compensatory amount should be fixed if its calculation results in a minimal amount; (!) OJ No L 25, 30. 1 . 1973 , p. 9. (2) OJ No L 148 , 28. 6. 1968 , p. 24. whereas, therefore, an amount should be fixed that (8) See page 1 of this Official Journal. can be considered as minimal ;

5 . 3 . 77 Official Journal of the European Communities No L 61 /21

Whereas under Article 55 (3 ) of the Act of Acces­ applying the rules laid down for calculation of the sion the compensatory amounts applicable in trade levy in accordance with Article 10 (4) of Regulation between the new Member States shall be determined ( EEC) No 805/68 . by reference to the compensatory amounts fixed for each of those States ; whereas this provision should be made more explicit by providing that in each case Article 2 these amounts should equal the difference in the prices existing between the Member States in 1 . The compensatory amount ifor meat as specified question which were used to determine the compen­ in Section (b) of the Annex to Regulation (EEC) satory amounts applicable in trade with the No 805/68 and falling within subheading 02.01 A II Community as originally constituted ; b) 1, applicable in trade between the Community as originally constituted and the new (Member States, and between those Member States and third Whereas, since the purpose of compensatory amounts countries, shall be equal to the compensatory in intra-Community trade is to permit the movement amount applicable to bovine animals multiplied of products under satisfactory conditions between by the coefficient referred to in Article 11 (2) (a) of two Member States with different price levels, a Regulation (EEC) No 805/68 . compensatory amount should be levied for imports into a Member State with a higher price level and conversely, such an amount should be granted for 2. The compensatory amounts for meat as specified exports to a Member State where the price level is in Section (b) of the Annex to Regulation ('EEC) No lower; 805/68 and falling within subheadings 02.01 A II b) 2, 02.01 A II b) 3 and 02.01 A II b) 4, applicable in •trade between the Community as originally con­ Whereas Article 55 ( 1 ) (a) of the Act of Accession, stituted and the new Member States and between which states that compensatory amounts should be those Member States and third countries, shall be levied by the importing Member State or granted by derived from the compensatory amount applicable the exporting Member State, therefore implies that to the meat referred to in paragraph 1 using the the task of levying or granting these amounts coefficients referred to in Article 11 (4) of Regulation devolves on the Member State with the higher price (EEC) No 805/68 . level ;

Article 3 Whereas rules for the levying and granting of compensatory amounts should be fixed so as to avoid The compensatory amounts applicable in trade deflections of trade, between two new Member States shall be equal to the difference between the compensatory amounts applicable in trade between each of those new Member States and the Community as originally HAS ADOPTED THIS REGULATION : constituted.

Article 4 Article 1 The compensatory amounts may be calculated using 1 . The compensatory amounts for bovine animals, coefficients other than those referred to in Articles applicable in trade between the Community as 1 and 2 where this is necessary in order to avoid originally constituted and the new Member States, deflections of trade. and between those Member States and third countries, shall be equal to the difference between the guide price applicable in each of the new Article 5 Member States and the guide price applicable in the Community as originally constituted. 1 . If the levies are reduced in accordance with Article 12 ( 1 ) and (5) of Regulation (EJEC) NO 805/68, 2. The compensatory amounts for meat as specified the compensatory amounts applicable to bovine in Sections (a), (c) and (d) of the Annex to Regula­ animals and to the types of meat referred to in tion ( EEC) No 805/68 , applicable in trade between Articles 1 (2) and 2 shall be reduced by an amount the Community as originally constituted and the new equal to the incidence of the percentage reduction Member States, and between those Memlber States in the levy, applied to the compensatory amount to and third countries, shall be derived from the be levied in trade between the new Member States compensatory amounts referred to in paragraph 1 by and the Community as originally constituted.

No L 61 /22 Official Journal of the European Communities 5 . 3 . 77

2. In this case, in 'trade between new Member States, Article 9 Article 3 shall apply to the amounts resulting from the reduction . The compensatory amount applied shall be the amount in force on the day of import or export. Article 6

Article 10 No compensatory amount shall be fixed ait less than one unit of account per 100 kilograms. The detailed rules for the granting, levying and recovery of compensatory amounts shall be adopted Article 7 so that, in particular, deflections of trade are prevented and in accordance with the procedure laid In trade between the new Member States and between down in Article 27 of Regulation (EEC ) No 805 /68 . those States and the Community as originally con­ stituted, the compensatory amounts shall be levied Rules for the application of this Regulation shall be or granted by that one of the two Member States adopted in accordance with the same procedure. concerned in which the guide price used to fix the compensatory amounts is the higher. The compensatory amounts shall be fixed by the Commission . Article 8

Article 11 1 . In trade between the new Member Sitates and third countries, the compensatory amounts shall be deducted from levies and refunds . Regulation (EEC) No 181 /73 is hereby repealed.

Article 12 2. If a compensatory amount is fixed for a product and the refund, if fixed at all , is lower than this This Regulation shall enter into force on the third compensatory amount, then, when the product in day following its publication in the Official Journal question is exported to a third country, the new of the European Communities . Member State concerned may levy an amount equal to not more than the difference between the compensatory amount and the refund or, as the case It shall apply from the beginning of the 1977/78 may be, equal to the compensatory amount. marketing year.

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

Done at Brussels, 14 February 1977.

For the Council

The President

J. SILKIN