CELEX: 31975R2781
Language: en
Date: 1975-10-29 00:00:00
Title: 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

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
 between the Community as originally constituted and             Whereas, in pursuance of Article 7 of Regulation
the new Member States are to be compensated by                   (EEC) No 2757/75 the levying or granting of
 levying or granting compensatory amounts applicable             compensatory amounts for cereals can be limited in
in trade between the new Member States and in trade
                                                                 order to deal with the situation referred to in Article
 between the new Member States and third countries ;             56 of the Act; whereas it is necessary to take this
whereas such amounts are to be calculated in respect             restriction into account for poultrymeat products,
 of poultrymeat in accordance with Article 79 of the             viewed as products derived from cereals, in order to
Act;                                                             ensure the proper functioning of the common
                                                                 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 !
Whereas the compensatory amounts applicable to                   levying or granting such amounts falls to the Member
feed grain were fixed in accordance with Council                 State having the highest price level for feed grain;
(*) 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.
 ---pagebreak--- 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.
                        Article 3                                                     Article 7
If Article 7 of Regulation (EEC) No 2757/75 is                The accession compensatory amount applicable shall
applied during one or more days in the course of              be that in force on the day of importation or
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
during the first 75 days of the previous quarter for          1 . Detailed rules for the granting, levying and
the cereals included in the quantity of feed grain            recovery of accession compensatory amounts shall be
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
However, if the amount varies by less than 5 % from           (EEC) No 2777/75 .
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.
 ---pagebreak--- 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.
 ---pagebreak--- 1 . 11.75                           Official Journal of the European Communities                                No L 282/99
                                                               ANNEX
                                                                                                 Trade with
     CCT heading                          Description of goods
        No                                                                                                           United
                                                                                  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,
                                known as '82 % geese'                              1-1038         5-9527           11-7648
                            b) Plucked and drawn, without heads and feet,
                                with or without hearts and gizzards, known as
                                '75 % geese'                                       1-2051         6-4992           12-8448
                      IV. Turkeys                                                  0-9699         5-2306           10-3376
                       V. Guinea fowls                                             1-5091         8-1386      -    16-0840