CELEX: 31973R0842
Language: en
Date: 1973-03-27 00:00:00
Title: Regulation (EEC) No 842/73 of the Commission of 27 March 1973 laying down special provisions for refunds and Community aid fixed in advance prior to 13 February 1973

30 . 3 . 73                             Official Journal of the European Communities                           No L 82/ 23
                             REGULATION (EEC) No 842/73 OF THE COMMISSION
                                                       of 27 March 1973
              laying down special provisions for refunds and Community aid fixed in advance
                                                   prior to 13 February 1973
THE COMMISSION OF THE EUROPEAN                                     tural products exported in the form of goods not
COMMUNITIES,                                                       covered by Annex II to the Treaty and the criteria for
                                                                   fixing the amount of such refunds, and in particular
Having regard to the Treaty establishing the European              Article 7 thereof ;
Economic Community ;
Having regard to Council Regulation (EEC) No 136/                  Whereas a devaluation of the dollar was announced by
66/EEC (1) of 22 September 1966 on the establish­                  the Government of the United States of America on
ment of a common organization of the market on oils                13 February 1973 ; whereas this devaluation, though
and fats, as last amended by the Act (2) concerning the            not yet official, is already affecting foreign exchange
Conditions of Accession and the Adjustments to the                 markets and the world market in agricultural
Treaties, hereinafter referred to as 'the Act', and in             products ;
particular Article 18 (3), Article 27 (5) and Article 28
(3) thereof ;
Having regard to Council Regulation No 120/                        Whereas, if following an official devaluation of the
67/EEC (3) of 13 June 1967 on the common organiza­                 currency of a third country, disturbances endanger or
tion of the market in cereals, as last amended by the              threaten to endanger the proper functioning of the
Act, and in particular Article 16 (6) thereof ;                    common organizations of markets or special trade
                                                                   systems for certain goods processed from agricultural
Having regard to Council Regulation No 359/                        products, appropriate action may be taken pursuant to
67/ EEC (4) of 25 July 1967 on the common organiza­                Council Regulation (EEC) No 1 134/68 (9) of 30 July
tion of the market in rice, as last amended by the Act,             1968 laying down rules for the implementation of
and in particular Article 1 7 (6) thereof ;                        Regulation (EEC) No 653/68 on conditions for altera­
                                                                   tions to the value of the unit of account used for the
                                                                   common agricultural policy ; whereas this Regulation
Having regard to Council Regulation No 1009/                       cannot be applied in this instance ; whereas the
67/EEC (5) of 18 December 1967 on the common
                                                                   present situation is somewhat analogous to the situa­
organization of the market in sugar, as last amended
                                                                   tion dealt with by that Regulation ; whereas, to
by the Act, and in particular Article 17 (4) thereof ;
                                                                   prevent repercussions of the world monetary situation
                                                                   jeopardizing forward transactions planned prior to 13
Having regard to Council Regulation (EEC) No                       February 1973, refunds fixed in advance and relating
804/68 (6) of 27 June 1968 on the common organiza­                 to exports not yet effected by that date should be
tion of the market in milk products, as last amended               increased as an exceptional measure, the rule in the
by the Act, and in particular the first subparagraph of            future, being that those concerned must take precau­
Article 1 7 (4) thereof ;                                          tions to cover themselves against the risk of fluc­
                                                                   tuating exchange rates ;
 Having regard to Council Regulation (EEC) No
865/68 (7) of 28 June 1968 on the common organiza­
tion of the market in fruit and vegetables, as last
amended by the Act, and in particular Article 3a (6)               Whereas, for the same reasons, subsidies fixed in
thereof ;                                                          advance for oil seeds should also be adjusted ;
 Having regard to Council Regulation (EEC) No
2682/72 (8) of 12 December 1972 laying down general                Whereas the extent of this increase should be deter­
rules for granting export refunds on certain agricul­               mined by means of the rules which are technically
                                                                   best suited to each product ;
(1) OJ   No 172, 30 . 9. 1966, p. 3025/66.
(2) OJ   No L 73, 27. 3. 1972, p. 14.
(3) OJ   No 117, 19 . 6. 1967, p. 2269/67.                         Whereas the measures provided for in this Regulation
(4) OJ   No 174, 31 . 7 . 1967, p. 1 .                              are in accordance with the Opinions of the Manage­
(5) OJ   No 308 , 18 . 12. 1967, p. 1 .
(') OJ   No L 148, 28 . 6. 1968, p. 13.
(7) OJ   No L 153, 1 . 7. 1968, p. 1 .
(8) OJ   No L 289, 27. 12. 1972, p. 13.                            C) OJ No L 188, 1 . 8 . 1968, p. 1 .
 ---pagebreak--- No L 82/24                             Official Journal of the European Communities                                30 . 3 . 73
ment Committees for Oils and Fats, for Cereals, for               the lowest ash content within the meaning of Regula­
Sugar, for Milk and Milk Products and for Products               tion No 162/67/EEC (3) and that for categories with a
processed from Fruit and Vegetables ;                             higher ash content the adjusting amount is reduced in
                                                                  proportion to that resulting from application of this
                                                                  Regulation .
HAS ADOPTED THIS REGULATION :
                                                                  3.     For the products listed in Article 1 (d) of Regula­
                                                                  tion No 120/ 67/ EEC and for those listed in Article
                         Article 1                                1 (c) of Regulation No 359/67/EEC, the adjusting
                                                                  amount shall be equal to 10 % of the difference
Refunds fixed in advance prior to 13 February 1973                between
and relating to products in respect of which the
customs formalities referred to in (b) of the second              — the threshold price valid for . the basic product in
subparagraph of Article 8 (2) of Regulation (EEC) No                   question listed in the Annex to Regulation (EEC)
1373/70 ( } ) have not been completed before that date                 No 1052/68 (4) during the month in which an
shall be increased by an amount, hereinafter referred                  export licence involving advance fixing of the
to as the 'adjusting amount', which is or must be fixed                refund is applied for, and
by product in accordance with the provisions of Arti­
cles 2 to 7 of this Regulation .                                  — the average of the import levies valid for the basic
                                                                       product in question during the month preceding
                         Article 2                                     the month in which this licence is applied for,
                                                                       this average being adjusted where appropriate by
1 . For colza and rape seed, the adjusting amount                      the monthly increase for the month in which the
shall be equal to 10 % of the difference between                       application is lodged or, if that latter month is the
                                                                       first month of the 1972/73 marketing year, for the
— the target price valid for the product in question                   difference between the threshold price valid for
     during the month in which an export licence                       the last month of the 1971 /72 marketing year and
      involving advance fixing of the refund is applied                that valid for the first month of the 1972/73
      for, and                                                         marketing year
— the subsidy applicable to that product on the day               this difference being multiplied by the coefficient for
      on which this licence is applied for.                       the product in question shown in Annex I to this
                                                                  Regulation .
2. For olive oil, the adjusting amount shall be equal
to 10 % of the threshold price.
                                                                                             Article 4
                         Article 3
                                                                   1 . For products covered by Regulation No 1009/
 1 . For the products listed in Article 1 (a) and (b) of           67/EEC, the adjusting amount shall be equal to :
Regulation No 120/67/ EEC and those listed in Article             — 2 units of account per 100 kilogrammes of white
 1 (a) and (b) of Regulation No 359/67/EEC, the                        sugar
adjusting amount shall be equal to 10 % of the differ­
ence between                                                      — 1-84 units of account per 100 kilogrammes of raw
                                                                       sugar of the standard quality within the meaning
— the threshold price valid for the product in ques­                   of Regulation (EEC) No 431 /68 (5)
      tion or for paddy rice and milled rice the price
      obtained by application of the conversion rates             — 0-02 unit of account per percentage point of
      laid down respectively in Articles 1 ( 1 ) and 1 (3) of          sucrose content and per 100 kg net for the
      Regulation No 467/67/ EEC (2) during the month                   products listed in Article 1 ( l)(d) of that Regula­
      in which an export licence involving advance                     tion .
      fixing of the refund is applied for, and
                                                                   2.     By way of derogation from the provisions of
— the import levy valid for the product in question               Article 1 , refunds fixed in advance within the frame­
      on the day on which this licence is applied for.            work of a partial invitation to tender issued pursuant
                                                                   to Regulation (EEC) No 1897/72 (6) prior to 13
2. For the products listed in Article 1 (c) of Regula­
tion No 120/67/EEC, the provisions of paragraph 1
                                                                   February 1973 shall also qualify for the adjusting
                                                                   amount referred to in the preceding paragraph .
apply, it being understood that the adjusting amount
thus obtained applies to the category of product with
                                                                   (3) OJ  No  128, 27. 6. 1967, p. 2574/67.
                                                                   (4) OJ  No  L 179, 25. 7. 1968, p. 8 .
(») OJ No L 158 , 20 . 7. 1970, p. 1 .                             (5) OJ  No  L 89, 10. 4. 1968, p. 3.
(2) OJ No 204, 24. 8 . 1967, p. 1 .                                (6) OJ  No  L 201 , 2. 9. 1972, p. 8 .
 ---pagebreak--- 30 . 3 . 73                       Official Journal of the European Communities                             No L 82/25
                        Article 5                              the preceding Articles for each basic product in ques­
                                                              tion, account being taken of the provisions of that
1.     For the products covered by Regulation (EEC)           Regulation which deals with the calculation for
No 804/68 , the adjusting amount shall be as indicated         refunds .
for each product in Annex II to this Regulation .
2.     By way of derogation from the provisions of                                       Article 8
Article 1 , refunds fixed in advance within the frame­
work of the invitation to tender by the US Army Mat­          The subsidy for colza, rape and sunflower seeds fixed
erial Command Europe, Zweibriicken (Germany) for              in advance prior to 13 February 1973 and relating to
deliveries after 30 June 1973 shall not qualify for the       products in juni of which the ID part of the certificate
adjusting amount referred to in the preceding para­           within the meaning of Article 4 of Regulation (EEC)
graph.                                                         No 2114/71 (!) had not been applied for by that date
                                                              shall be increased by an adjusting amount equal to
                                                               10 % of the difference between
                        Article 6
                                                              — the target price valid for the product in question
For the products listed in Annex II to Regulation
                                                                   during the month in which the AP part of the
(EEC) No 865/68 , the adjusting amount shall be that
                                                                   certificate referred to above is applied for, and
indicated in Article 3 (3) or in Article 4 depending on
the product incorporated, account being taken of the          — the subsidy applicable to the product in question
provisions of Article 3 of that Regulation, which deals            on the day on which the ID part of the certificate
with the calculation of refunds .                                  is applied for.
                        Article 7                                                        Article 9
For the products referred to in Article 5 (2) of Regula­      This Regulation shall enter into force on the third day
tion (EEC) No 2682/72, the adjusting amount shall be          following its publication in the Official Journal of
determined in accordance with the rules contained in           the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 27 March 1973 .
                                                                          For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOLI
                                                              (') OJ No L 222, 2. 10. 1971 , p. 2.
 ---pagebreak--- No L 82/26                             Official Journal of the European Communities                                 30. 3 . 73
                                                             ANNEX 1
       Number in nomenclature used                                        Number in nomenclature used
                                                 Coefficient                        for refunds                 Coefficient
                    for refunds
                                                    1·50
                                                                  11.02 E lb ) 1 (bb )                            1·02
11.01 C ( I)
                                                    1·02
                                                                  11.02 E lb) 2 (aa)                              2·00
11.01 C ( II )
                                                    1·80
                                                                  11.02 E I b ) 2 (bb )                           1·60
11.01 D (I)
                                                    1·02
                                                                  11.02 E lb ) 2 ( cc)                            1·02
11.01 D (II)
                                                    1·40
                                                                  ex 11.02 E lie) ( 1 )                           1·60
11.01 E (I )
                                                    1·20
                                                                  ex 11.02 E lie) (2 )                            1·30
11.01 E ( II)
                                                    0·87
                                                                  ex 11.02 E lie) (3 )                            1·10
11.01 E (III )                                                                                                    1·06
                                                    1·06
                                                                  11.02 E II e) 1
11.01 F
                                                                  11.02 Fill                                      1·02
11.01 H                                             1·02
                                                                  11.02 F IV                                      1·02
11.02 A III ( a)                                    1·55
                                                                   11.02 F V                                      1·02
11.02 A III (b )                                    1·02
                                                                   11.02 G I                                      0·25
11.02 A IV ( a)                                     1·80
                                                                   11.02 G II                                     0·25
11.02 A IV (b )                                     1·02
                                                    1·80
                                                                  11.07 A I a)                                    1·78
11.02 A V ( a)
                                                    1·40
                                                                   11.07 Alb)                                     1·33
11.02 A V (b )
                                                    1·20
                                                                   11.07 All a )                                  1·78
11.02 A V (c )
11.02 A VI                                          1·06
                                                                   11.07 A II b )                                 1·33
                                                                   11.07 B                                        1·55
11.02 B I a ) 1 ( aa )                              1·50
                                                                   11.08 A I                                      1·61
11.02 B I a) 1 (bb)                                 1·02
                                                                   11.08 A III                                    2·20
11.02 B I a) 2    ( aa)                             1·02
                                                                   11.08 A IV                                     1·61
11.02 B I a) 2   bb) ( 11 )                         1·60
                                                                   11.08 A V                                      1·61
11.02 B I a) 2   bb ) (22 )                         1·02
                                                                                                                  4·00
                                                                   11.09 A
11.02 Bib ) 1     ( aa )                            1·50
                                                                   17.02 B II a )                                 2·10
11.02 Bib) 1 (bb)                                   1·02
                                                                   17.02 B II b )                                 1·61
11.02 Bib ) 2 ( aa )                                1·70
                                                                   17.05 B I                                      2·10
11.02 Bib) 2 (bb )                                  1·02
                                                                   17.05 B II                                     1·61
11.02 B II a ) ( 1 )                                1·02
                                                                   23.02 A I a )                                  0·08
11.02 C III ( a )                                   2·00
                                                                   23.02 A I b ) 1                                0·08
11.02 C III ( b )                                   1·60
11.02 C IV
                                                                   23.02 A I b ) 2                                0·08
                                                    1·02
11.02 D II                                          1·02
                                                                   23.02 A II a )                                 0·08
                                                                   23.02 A II b )                                 0·08
11.02 E lb ) 1 ( aa)                                1·50
                                                                   23.03 A I                                      2·00
                                Number in nomenclature used              Special specification
                                        for refunds                           for refund            Coefficient
                    23.07 B I                                                   3010                  0·10
                                                                                 4010                 0·25
                                                                                5010                  0·45
                                                                                 6010                 0·60
                                                                                 7010                 0·75
 ---pagebreak--- 30. 3 . 73                   Official Journal of the European Communities                            No L 82/27
                                                 ANNEX 11
                     CCT                                                          Adjustment
                  heading No                      Description               (in u.a. / 100 kg unless
                                                                             otherwise indicated)
            ex 04.01 A I      Yoghurt, buttermilk                                      0·89
            ex 04.01 A II     Of a fat content by weight :
                              — not exceeding 1 °/o                                   0·61
                              — exceeding 1·8 °/o but not exceeding 2·2 °/o            0·89
                              — exceeding 3 %                                         0·94
            ex 04.01 B        Of a fat content by weight :
                              — exceeding 10 %> but not exceeding 17 °/o               1·17
                              — exceeding 17 °/o but not exceeding 21 °/o             1·76
                              — exceeding 35 °/o but not exceeding 39 %               3·51
            ex 04.02 A II     Of a fat content by weight :
                              — not exceeding 1 1 %                                  4·25
                             — exceeding 11 °/o but not exceeding 17 °/o             5·06
                             — exceeding 17 °/o but not exceeding 25 °/o             5·47
                             — exceeding 25 °/o but not exceeding 27 %               6·00
                             — exceeding 27 °/o but not exceeding 29 °/o             6·14
           ex 04.02 A III    Of a fat content by weight :
                             — exceeding 3 °/o but not exceeding 7 °/o              2·30
                             — exceeding 7 % but not exceeding 8·9 °/o              3·40
                             — exceeding 8·9 °/o but not exceeding 11 °/o           4·03
                             — exceeding 39 °/o but not exceeding 45 %              3·90
           ex 04.02 B I      Of a fat content by weight :
                             — not exceeding 1 1 %                              0·0425 (!)
                                                                                   per kg
                             — exceeding 11 % but not exceeding 17%             0·0506
                                                                                   per kg
                             — exceeding 17 % but not exceeding 25 °/o          0·0547 I 1 )
                                                                                   per kg
                             — exceeding 25 °/o but not exceeding 27 %>         0·0600 (')
                                                                                  per kg
                             — exceeding 27 °/o but not exceeding 29 °/o        0·0614 (!)
                                                                                  per kg
           ex 04.02 B II     Of a fat content by weight :
                             — not exceeding 6·9 °/o                               1·50 (2 )
                             — exceeding 6·9 °/o but not exceeding 9·5 °/o         3·70 (2 )
 ---pagebreak--- No L 82/28                                Official Journal of the European Communities                                          30 . 3 . 73
                        CCT                                                                                  Adjustment
                     heading No                                    Description                         (in u.a. / 100 kg unless
                                                                                                        otherwise indicated)
                 04.03                     Butter                                                                 8·00
                 04.04                     Cottage cheese                                                         3·50
                                           — other                                                                7·50
                 23.07 B I a ) 3           Containing :
                                           — not less than 60 °/o but not more than 70 °/o                        2·64
                                           — not less than 70 %> by weight of skimmed­
                                               milk powder falling within subheading
                                               04.02 A II b ) 1                                                   3·06
                 23.07 B I a) 4            Containing more than 75 °/o by weight of
                                           skimmed-milk powder falling within sub­
                                           heading 04.02 A II b) 1                                                3·27
           (') The amount of the adjustment per 100 kg of product falling within this subheading is equal to the sum of
               the following components :
                (a ) the amount per kg indicated multiplied by the weight of milk and cream contained in 100 kg of product,
                (b) an additional amount for each percentage point constituting the sucrose content of 100 kg net of product
                     equal to the adjustment applicable to 1 kg of white sugar.
           (l) The amount of the adjustment per 100 kg of product falling within this subheading is equal to the sum of the
               following components :
               ( a) the amount indicated ,
                (b) an additional amount for each percentage point constituting the sucrose content of 100 kg net of product
                     equal to the adjustment applicable to 1 kg of white sugar.
           For the purposes of calculating fat content, the weight of non-milk fats and added lactose
           is disregarded .