CELEX: 31977R0430
Language: en
Date: 1977-02-14
Title: Council Regulation (EEC) No 430/77 of 14 February 1977 laying down general rules for the system of compensatory amounts for beef and veal

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
 Whereas, pursuant to Article 90 of the 'Act of Ac­              is to take effect on 1 April 1977, it therefore no
                                                                 longer seems necessary to 'provide fbr the adjust­
 cession, Articles 51 and 52 apply to guide prices in
 the beef and veall sector;                                      ment of compensatory amounts by the incidence of
                                                                 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
 Member States can be fixed at a level which may be              it seems advisable to replace Regulation (EEC) No
                                                                  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
Whereas the compensatory amounts applicable in                   maintain Community preference ; whereas it is also
trade between the Community as originally                        necessary, in order to avoid deflections of trade, to
constituted and the new Member States, and between               apply the same reduction to the amounts granted and
those States and third countries, are to equal the               the amounts levied;
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
(!) OJ No L 25, 30. 1 . 1973, p. 9.                              fixed if its calculation results in a minimal amount;
(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 ;
 ---pagebreak--- 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
in intra-Community trade is to permit the movement             countries, shall be equal to the compensatory
of products under satisfactory conditions between              amount applicable to bovine animals multiplied
two Member States with different price levels, a               by the coefficient referred to in Article 11 (2) (a) of
compensatory amount should be levied for imports               Regulation (EEC) No 805/68 .
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
deflections of trade,                                          The compensatory amounts applicable in 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.
 ---pagebreak--- 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
compensatory amount, then, when the product in                   This Regulation shall enter into force on the third
question is exported to a third country, the new                 day following its publication in the Official Journal
Member State concerned may levy an amount equal                  of the European Communities .
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