CELEX: 31973R0229
Language: en
Date: 1973-01-31 00:00:00
Title: Regulation (EEC) No 229/73 of the Council of 31 January 1973 laying down general rules for the system of compensatory amounts for cereals and fixing these for certain products

1 . 2 . 73                         Official Journal of the European Communities                                No L 27/25
                                 REGULATION (EEC) No 229/73 OF THE COUNCIL
                                                     of 31 January 1973
                laying down general rules for the system of compensatory amounts for cereals and
                                              fixing these for certain products
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         Whereas it is necessary to provide for the possible
                                                                   introduction, should the necessity arise, of a system
 Having regard to the Treaty establishing the                      of rules for advance fixing of the compensatory
                                                                   amount ;
 European Economic Community ;
Having regard to the Treaty concerning the
 Accession of new Member States to the European                   Whereas Article 55 (3 ) of the Act provides that the
 Economic Community and the European Atomic                        compensatory amounts applicable in trade between
 Energy Community (*), signed at Brussels on 22                    the new Member States shall be determined by direct
January 1972, and in particular Article 55 (6) and                 reference to the compensatory amounts fixed for each
Article 62 ( 1 ) of the Act annexed thereto ;                     of those States; whereas these provisions should be
                                                                   clarified by specifying that in each case the amount
                                                                   should be equal to the price difference between the
Having regard to the proposal from the Commission ;                Member States in question used for determining the
                                                                  compensatory amounts applicable in trade with the
                                                                   Community as originally constituted;
Whereas Articles 51 and 52 of the Act provide that
the prices to be applied in the new Member States
shall be fixed at a level different from that of the
common prices ; whereas under Article 55 of the Act
                                                                  Whereas, in accordance with Article 74 (2) of the Act,
the differences in price levels are to be compensated
by a system of compensatory amounts ;
                                                                  the compensatory amounts for products covered by
                                                                   Council Regulation No 120/67/EEC (2) of 13 June
                                                                  1967 on the common organization of the market in
Whereas, pursuant to Article 73 of the Act, Articles              cereals, as last amended by the Act, are derived from
51 and 52 of the Act apply to the derived                         the compensatory amount for the cereals to which
intervention prices for cereals ;                                 they relate with the aid of the coefficients or rules used
                                                                  in determining the levy, or the variable component of
                                                                  the levy, on these products ; whereas the coefficients
Whereas the compensatory amounts fixed for the                    in question were determined in Council Regulation
products in question and applicable in trade between               (EEC) No 968/68 (3) of 15 July 1968 on the
the Community as originally constituted and the new               system to be applied to cereal-based compound
Member States, and between the new Member States                  feedingstuffs, in Council Regulation (EEC) No
and third countries, are equal to the difference                   1052/68 (4) of 23 July 1968 on the import and export
between the prices fixed for the new Member State in              system for products processed from cereals and from
question and the common prices ;                                  rice, as last amended by Regulation (EEC) No
                                                                  1529/71 (5), and in Council Regulation (EEC) No
                                                                   1397/69 (6) of 17 July 1969 fixing the standard
Whereas the rules for determining the level of                    qualities for certain cereals and categories of flour,
compensatory amounts for other cereals must, in the               groats and meal and the rules for fixing the threshold
light of Article 74 ( 1 ) of the Act, be so drawn up as           prices of these categories of products ; whereas it is,
to achieve a progressive alignment on the price ratio             however, necessary to specify that they are applicable
in the Community;                                                 in certain cases ;
Whereas it should be made clear that the application
of Article 55 ( 1 ) (b) of the Act involves deduction of
the compensatory amount from the levy or refund ;                  (2) OJ  No 117, 19. 6. 1967, p. 2269/67.
                                                                  (3)  OJ  No L 166, 17. 7. 1968, p. 2.
                                                                  (4)  OJ  No L 179, 25. 7. 1968, p. 8.
                                                                  (5)  OJ  No L 162, 20. 7. 1971 , p. 11 .
(!) OJ No L 73, 27. 3 . 1972, p. 5.                               (6)  OJ  No L 179, 21 . 7. 1969, p. 6.
 ---pagebreak--- No L 27/26                           Official Journal of the European Communities                                                  1 . 2. 73
Whereas, since the purpose of compensatory amounts                deflections in trade caused, in particular, by
in intra-Community trade is to promote the                        differences in their levels ;
satisfactory circulation of products between Member
States with different price levels, a compensatory                Whereas for the sake of clarity the Commission
amount should be levied on imports to a Member                    should be authorized to publish the compensatory
State with a higher price level and, conversely, such             amounts fixed by the Council in the Annex listing
an amount should be granted on exports to a                       those fixed by the Commission ;
Member State with a lower price level;
Whereas, therefore, it follows from Article 55 ( 1 ) (a)          HAS ADOPTED THIS REGULATION :
of the Act, according to which compensatory
amounts are levied by the importing Member State or
granted by the exporting Member State, that it is for                                            Article 1
the Member State with the highest price level to grant
or levy these amounts ;                                           The compensatory amounts applicable until 31 July
                                                                  1973 in trade between the Community as originally
Whereas Article 56 of the Act provides that                       constituted and the new Member States, and between
appropriate measures may be taken with a view to                  the new Member States and third countries, shall, for
ensuring the proper functioning of the common                     the following products, be as follows :
organization of markets if the world market price is
higher than the price used in calculating the import
                                                                                                           Trade with
charge introduced under the common agricultural
policy, less the compensatory amount; whereas the
measures aforesaid may in particular provide for the                                     Denmark
                                                                                     u. a. /metric ton
                                                                                                              Ireland
                                                                                                        u. a. /metric ton
                                                                                                                          United Kingdom
                                                                                                                          u. a. / metric ton
limited charge or grant of compensatory amounts,
depending on the fluctuations in prices On the world              Common
market; whereas the terms on which these are to be                wheat                      9-95                7-50            44-31
limited must be fixed; whereas the limitation should
                                                                  Barley                      8-68             14-86             42-33
be reflected equally in the compensatory amounts
applicable to products processed from cereals ;
Whereas appropriate measures must be taken to                                                    Article 2
avoid deflection of trade where, in trade between a
new Member State and third countries, the                         1.    The compensatory amounts applicable until 31
compensatory amount is to be deducted from the                    July 1973 in trade between the Community as
refund or where the refund, if fixed at all, is lower             originally constituted and the new Member States,
than the compensatory amount;                                     and between the new Member States and third
                                                                  countries, shall be calculated by applying the
Whereas detailed rules for levying and granting                   following coefficients to the compensatory amounts
compensatory amounts should be such as to avoid                   for the reference cereals :
                                                                           Coefficients applicable in trade with
                Compensatory amounts for         Reference cereal
                                                                        Denmark             Ireland     United Kingdom
              Durum wheat                    Common wheat                1-095               2-817              1-476
              Rye                            Barley                       —                  1-110              1-250
              Oats                          Barley                       0-969               0-957              0-855
              Maize                         Barley                        —
                                                                                             1-548              0-872
              Millet                        Barley                        —                  0-964              0-882
              Grain sorghum                 Barley                        —                  1-682              0-882
 ---pagebreak--- 1 . 2. 73                            Official Journal of the European Communities                            No L 27/27
2. For subsequent calculations, the difference in                                         Article 5
the price ratio between the reference cereal and each
of the cereals in question in the new Member States             In trade between new Member States and between
on the on hand and the Community as originally                  those States and the Community as originally
constituted on the other shall be gradually eliminated          constituted, the compensatory amounts shall be
at the rate specified in Article 52 (2) of the Act.             levied or granted by that one of the two Member
                                                                States in question whose price level used in
The price rates on which the calculation is based               determining the compensatory amounts is the higher.
shall, for each new Member State, be that resulting             In trade between new Member States and third
from the application of the compensatory amount for             countries, the compensatory amounts shall be
the preceding marketing year and, for the                       deducted from the levy or refund.
Community, that used for fixing the threshold prices
for the new marketing year.
                                                                                          Article 6
3 . The compensatory amount for common wheat                    1 . The compensatory amount applicable shall be
rendered unfit for human consumption by denaturing              that ruling on the day of importation or exportation.
as specified in Article 7 of Regulation No
120/67/EEC shall be that applicable to barley.                  2.    However, should the necessity arise, the
                                                                decision may be made, in accordance with the
No compensatory          amount shall be fixed for              procedure referred to in Article 9 ( 1 ), to institute a
products :                                                      system of advance fixing of the compensatory
                                                                amount .
 ( a) Falling within subheadings Nos 10.07 A and D of                                     Article 7
       the Common Customs Tariff;
                                                                1 . If for any product referred to in Article 1 or
(b) Falling within heading No 10.02 and subheadings             Article 2 ( 1 ) the levy is lower than the compensatory
       Nos 10.05 B and 10.07 B and C of the Common              amount fixed for that product or calculated in
       Customs Tariff in trade between the Community            respect thereof by applying Article 2, the Commission
       as originally constituted and Denmark.                    shall apply the scale set out in the Annex to
                                                                determine the amount applicable by way of
                                                                compensatory amount in trade between the
                                                                Community as originally constituted and the new
                          Article 3                             Member States and between those States and third
                                                                countries .
The compensatory amounts applicable in trade
between two new Member States shall be equal to :               Where, however, the amount of levy lies within the
                                                                range of values which includes the compensatory
                                                                amount fixed in Article 1 or resulting from the
— the compensatory amounts applicable in trade                  application of Article 2, that compensatory amount
      with ' the Community as originally constituted            shall continue to apply.
      where there is no compensatory amount fixed in
      trade between the Community and one of the                2. For the products referred to in Article 1 (c) of
      Member States in question ;                               Regulation 120/67/EEC, the amount applicable by
                                                                way of compensatory amount shall be determined by
— the difference between the amounts applicable in              the Commission in accordance with the terms and on
      trade between each of these new Member States             the conditions set out in the foregoing paragraph, the
      and the Community as originally constituted in            amount to be taken for purposes of levy being in this
      other cases .                                             case the levy chargeable in respect of the product in
                                                                question reduced by the amount representing the
                                                                component for protection of the processing industry
                                                                referred to in Regulation (EEC) No 1397/69.
                          Article 4
                                                                3 . For the products referred to in Article 1 (d) of
The compensatory amounts applicable to the                      Regulation No 120/67/EEC, the amount applicable
 products specified in Article 1 (c) and (d) of                 by way of compensatory amount shall be determined
Regulation No 120/67/EEC shall be determined with               by the Commission by reference to the variations in
 the aid of the coefficients given in Regulations               the amount or amounts determined under paragraph 1
 (EEC ) Nos 968/68 , 1052/68 and 1397/69 .                      for the basic cereals concerned.
 ---pagebreak--- No L 27/28                        Official Journal of the European Communities                              1 . 2. 73
4.    The provisions of Article 3 shall apply to             possible deflections of trade and distortions of
determination of these amounts in respect of trade           competition, and adopted in accordance with the
between two new Member States .                              procedure laid down in Article 26 of Regulation No
                                                             120/67/EEC .
                       Article 8
                                                             Detailed rules for the application of this Regulation,
                                                             and in particular the compensatory amounts other
Where, for a given product, a compensatory amount            than those determined in Article 1 , shall be adopted
is fixed and the refund, if fixed at all, is lower than      by the same procedure.
the compensatory amount, then, when the product in
question is exported to a third country, an amount
not exceeding the difference between the                     The Commission shall be authorized to publish the
compensatory amount and the refund or, as the case           compensatory amounts together with those fixed in
may be, not exceeding the compensatory amount                Articles 1 and 2 (3 ).
may be levied in the new Member State in question.
                                                                                     Article 10
                       Article 9
                                                             This Regulation shall enter into force on the day of
Detailed rules for granting, levying and recovering          its publication in the Official Journal of the
compensatory amounts shall be such as to avoid               European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 31 January 1973 .
                                                                                    For the Council
                                                                                     The President
                                                                                      A. LAVENS
 ---pagebreak--- 1 . 2. 73             Official Journal of the European Communities                           No L 27/29
                                          ANNEX
          Amount of Community levy                 Amounts applicable by way of compensatory
                                                                    amount
                   u.a . / ton
                                                                    u.a. /ton
           from 100-00 to 96-01                                     98-00
           from   96-00 to 92-01                                    94-00
           from   92-00 to 88-01                                     90-00
           from   88-00 to 84-01                                     86-00
           from   84-00 to 80-01                                     82-00
           from   80-00 to 76-01                                     78-00
           from   76-00 to 72-01                                     74-00
           from 72-00 to 68-01                                       70-00
           from   68-00 to 64-01                                     66-00
           from   64-00 to 60-01                                     62-00
           from   60-00 to 56-01                                     58-00
           from   56-00 to 52-01                                     54-00
           from   52-00 to 48-01                                     50-00
           from 48-00 to 44-01                                       46-00
           from 44-00 to 40-01                                       42-00
           from   40-00 to 36-01                                     38-00
           from   36-00 to 32-01                                     34-00
           from   32-00 to 28-01                                     30-00
           from   28-00 to 24-01                                     26-00
           from   24-00 to 20-01                                     22-00
           from   20-00 to 16-01                                     18-00
           from   16-00 to 12-01                                     14-00
           from   12-00 to     8-01                                  10-00
           from     8-00 to    4-01                                   600
           from     4-00 to    0-01                                   2-00
                       0                                                0