CELEX: 31973R3280
Language: en
Date: 1973-12-04 00:00:00
Title: Regulation (EEC) No 3280/73 of the Commission of 5 December 1973 introducing a system for the advance fixing of 'accession' compensatory amounts and laying down detailed rules for its application in respect of cereals and rice products

6. 12. 73                               Official Journal of the European Communities                         No L 337/ 11
                           REGULATION (EEC No 3280/73 OF THE COMMISSION
                                                     of 4 December 1973
             establishing a system for the advance fixing of accession compensatory amounts
             and laying down detailed rules for its application in respect of cereal and rice
                                                            products
THE COMMISSION OF THE EUROPEAN                                     price system, as last amended by Regulation (EEC) No
COMMUNITIES,                                                       1796/73 (6) ;
Having regard to the Treaty establishing the European              Whereas, as far as the new Member States are
Economic Community ;                                               concerned, a move towards alignment on the
                                                                   common prices is to be made at the beginning of
Having regard to the Treaty ( !) concerning the Acces­             each marketing year ; whereas this price alignment
sion of new Member States to the European Economic                 means that compensatory amounts are fixed at a lower
Community and to the European Atomic Energy                        level each year ; whereas, to ensure that compensatory
Community, signed in Brussels on 22 January 1972 ;                 amounts are not fixed in advance for purely specula­
                                                                   tive purposes, the rate fixed in advance should not
Having regard to Council Regulation (EEC) No                       exceed the rate fixed for the new marketing year
229/73 (2) of 31 January 1973 laying down general                  where the period of validity of the certificate covers
rules for the system of compensatory amounts for                   two marketing years ;
cereals and fixing these amounts for certain products,
as amended by Regulation (EEC) No 1967/73 (3), and                 Whereas the rate of compensatory amount applicable
in particular Article 6 (2) thereof ;                              in   trade between Member States varies with         the
                                                                   product concerned ; whereas for administrative
Having regard to Council Regulation (EEC) No                       reasons it should be specified that the advance fixing
243/73 (4) of 31 January 1973 laying down general                  certificate is valid only in the Member State of issue
rules for the system of compensatory amounts for rice              and only for a specific origin ;
and fixing these amounts for certain products, and in
particular Article 4 (2) thereof ;                                 Whereas if transactions between Member States and
                                                                   transactions between Member States and third coun­
Whereas Article 6 (2) of Regulation (EEC) No 229/73                tries are to be placed on an equal footing, the period
and Article 4 (2) of Regulation (EEC) No 243/73 make               of validity of advance fixing certificates used in trade
provision for the introduction of arrangements for the             between Member States should be identical to that of
advance fixing of the compensatory amount should                   the import licence applicable to the relevant product
the need arise ;                                                   in trade with third countries ;
Whereas to ensure in uniform conditions of competi­                Whereas the measures provided for in this Regulation
tion for traders, a system for the advance fixing of               are in accordance with the Opinion of the Manage­
compensatory amounts should be introduced for                      ment Committee for Cereals,
 products for which the import levy is fixed in
advance ;
Whereas arrangements already exist for fixing the levy
                                                                    HAS ADOPTED THIS REGULATION :
or refund in advance in trade with third countries ;
whereas for administrative reasons, the 'accession'
 compensatory amount should as far as possible be
 fixed according to the same rules, in particular those                                      Article 1
 laid down in Commission Regulation (EEC) No
 1373/70 (5) of 10 July 1970 laying down common                    The compensatory amounts introduced by Article 55
 detailed rules for the application of the system of               of the Act of Accession or, where appropriate, the
 import and export licences and advance fixing certifi­             amounts applicable by way of a compensatory amount
 cates for agricultural products subject to a common                in pursuance of Article 56 of the said Act (hereinafter
                                                                    called 'Accession' compensatory amounts), shall be
(') OJ No L 73, 27. 3 . 1972, p. 5.                                 fixed in advance for the products listed in the Annex
I2) OJ No L 27, 1 . 2. 1973, p. 25.                                 under the conditions laid down in this Regulation .
 (3) OJ No L 201 , 21 . 7. 1973 , p. 8 .
(4) OJ No L 29, 1 . 2. 1973, p. 26.
(5) OJ No L 158 , 20 . 7 . 1970 , p . 1 .                          (6) OJ No L 183 , 5 . 7 . 1973, p. 1 .
 ---pagebreak--- No L 337/ 12                        Official Journal of the European Communities                               6. 12. 73
                        SECTION I                              3 . Section 13 of the application for an advance
                                                               fixing certificate applicable to imports, and of the
Trade between the new Member States and third                  certificate itself, shall specify the exporting Member
                         countries                             State. The certificate shall make it obligatory to
                                                               import from that Member State .
                         Article 2
                                                               4. The advance fixing certificate shall require either
                                                               the importation or the exportation, under the certifi­
1 . Where the import levy or the export refund is
                                                               cate, of the specified net quantity of product during
fixed in advance, the accession compensatory amount            the period of validity of the certificate.
in force on the day on which the application for the
import or export licence is lodged shall be applicable .       5. Where the quantity imported or exported is not
2.     Where the period of validity of the licence             more than 7 % lower than the quantity specified on
covers two marketing years, the 'accession' compensa­          the certificate the obligation to import or export shall
                                                               be considered to have been fulfilled .
tory amount fixed in advance applicable if the licence
is used in the new marketing year may not exceed the
                                                               6. The advance fixing certificate shall be valid from
'accession' compensatory amount fixed for the new              its date of issue within the meaning of Article 8 ( 1 ) of
marketing year.
                                                               Regulation (EEC) No 1373/70 for a period which is
                                                               identical to the period of validity of the import
                        SECTION II                             licence applicable to the product in question in trade
                                                               with third countries .
Trade      between     the   Member      States   of  the
Community as originally constituted and the                     7. The amount of the security for the advance
new Member States and trade between the new                     fixing certificate shall be 3 units of account per metric
                      Member States                             ton .
                                                                                         Article 6
                          Article 3
                                                               The provisions of Regulation (EEC) No 1373/70 , with
 For the purposes of this Section, with the exception of        the exception of Articles
Article 8 (3), (4), (5) and (6) the Member States of the        — 1,
 Community as originally constituted shall be treated           - 2 ( 1 ), (2), (3) and (5),
 as a single Member State.                                      — 4,
                                                                - « (2),
                          Article 4                             — 12 a,
                                                                — 15 ( 1 ), (2), (3) and (5),
 1 . The 'accession compensatory amount in force                — 16,
 on the day on which the application for the certificate        — 17,
 referred to in Article 5 is lodged shall, provided the         shall apply to the advance fixing certificate .
 person concerned so requests when applying for the
 certificate, be applied to a transaction to be effected
 during the period of validity of that certificate .                                      Article 7
 2.     Where the period of validity of the certificate         Advance fixing certificates shall be drawn up at least
 covers two marketing years, the 'accession' compensa­          in duplicate, the first copy of which, called 'Titular
 tory amount fixed in advance applicable if the licence         Holder's Copy', and marked 'No 1 ', shall be issued
 is used in the new marketing year may not exceed the           without delay to the applicant and the second, called
 'accession' compensatory amount fixed for this new             'Issuing Agency's Copy', and marked 'No 2' shall be
 marketing year.                                                retained by the issuing agency.
                          Article 5
                                                                 Copy No 1 of the certificate shall be submitted to the
                                                                 office responsible for completing :
  1 . All transactions in products to which the system          (a) in the case of an advance fixing certificate appli­
 for the advance fixing of 'accession' compensatory                   cable to imports, import customs formalities ;
 amount applies shall be subject to the production of
 an advance fixing certificate which shall be issued by          (b) in the case of an advance fixing certificate appli­
 the Member States to any applicant irrespective of the               cable to exports, export customs formalities.
 place of his establishment within the Community.               After attribution of the quantity and endorsement by
                                                                 the office referred to in the preceding paragraph,
 2. The advance fixing certificate shall be valid in             Copy No 1 of the advance fixing certificate shall be
 the Member State of issue only.                                 returned to the party concerned.
 ---pagebreak--- 6 . 12. 73                          Official Journal of the European Communities                          No L 337/ 13
                         Article 8                                  fied by the competent authority, of the control
                                                                    copy or copies provided for in Article 1 of Regula­
                                                                    tion (EEC) No 231 5/69 ( 1), as amended by Regula­
1.     As regards the period of validity of advance                 tion (EEC) No 690/73 (2), and endorsed as indi­
fixing certificates :                                               cated in Article 6 of Regulation (EEC) No
                                                                    269/73 (3), amended by Regulation (EEC) No
                                                                    1466/73 (4), shall be returned or Sjent to the party
(a) the obligation to import shall be considered to                 concerned without delay for production to the
     have been fulfilled and the right to import                    agency issuing the advance fixing certificate.
     pursuant to the certificate shall be considered to       Where the issue of the advance fixing certificate and
     have been exercised on the day when the import           completion of the export customs formalities both
     customs formalities relating to the product              take place within the same Member States that
     concerned are completed ;                                Member State may provide that the copy or
                                                               photocopy shall be submitted to the agency issuing
(b) the obligation to export shall be considered to           the advance fixing certificate through official chan­
     have been fulfilled and the right to export               nels .
     pursuant to the certificate shall be considered to       4. The security shall be released as soon as the
     have been exercised on the day when the export
                                                               proof referred to in paragraphs 2 and 3 has been
     customs formalities relating to the product are          furnished .
     completed ;
                                                               5 . Subject to the application of Article 18 of Regula­
                                                               tion (EEC) No 1373/70, where the obligation to
                                                               import or export has not been fulfilled the security
2. Release of the security shall be subject to produc­        shall be forfeit for an amount equal to the difference
tion of proof :                                               between :
                                                              (a) 93 % of the net quantity indicated in the advance
(a) as regards imports, of completion of the import                 fixing certificate ; and
     customs formalities relating to the product              (b) the net quantity actually imported or exported.
     concerned ;                                               However, if the net quantity imported or exported
                                                              amounts to less than 7 % of the net quantity indi­
(b) as regards exports, of completion of the export           cated in the advance fixing certificate, the whole of
     customs formalities relating to the product               the security shall be forfeit. Moreover, if for any one
     concerned and proof that that product has left the        certificate the amount to be forfeit is less than 2 units
     geographical territory of the Member State in             of account, the Member State may release the entire
     which these formalities were completed.                  security.
                                                               6 . On application by the titular holder of the docu­
                                                               ment, Member States may release part of the security
3.     The proof required under paragraph 2 shall be           in proportion to the quantities of products for which
furnished as follows :                                         the proof referred to in paragraphs 2 and 3 of this
                                                              Article has been furnished, provided it is shown that a
                                                               quantity equal to at least 7 % of the net quantity indi­
(a) in cases referred to in paragraph 2 (a) of this            cated in the advance fixing certificate has been
     Article proof shall be furnished by production of         imported or exported.
     Copy No 1 of the advance fixing certificate and,
     where appropriate, of Copy No 1 of the extract or                                     Article 9
     extracts of advance fixing certificates endorsed in       1.     One of the following endorsements shall be type­
     accordance with the provisions of Article 7 ;            written or underlined in red in Section 12 of the
                                                              advance fixing certificate :
(b) in cases referred to in paragraph 2 (b) of this           'certificates valid for the application of 'accession'
     Article proof shall be furnished — by production         compensatory amounts in trade between Member
     of Copy No 1 of the advance fixing certificate and,      States',
     where appropriate, of Copy No 1 of the extract or
                                                                attester til brug ved anvendelsen af tiltræ delses­
     extracts of advance fixing certificates endorsed in
     accordance with the provisions of Article 7 — by         udligningsbeløb i samhandelen mellem medlemssta­
                                                              ter'
     production of additional proof and such proof
     shall be left to the choice of the authority which         Vorausfestsetzungsbescheinigungen gültig für die
     issues the advance fixing certificate where the          Anwendung der Beitrittsausgleichsbeträge im Handel
     issue of the certificate, the completion of export       zwischen Mitgliedstaaten'
     formalities and departure from the geographical
     territory in which the certificate of advance fixing     (')  OJ   No L 295, 24. 11 . 1969 , p . 14.
                                                              (2 ) OJ  No  L 66, 13 . 3 . 1973 , p. 23 .
     may be used take place within the same Member            (3)  OJ  No  L 30 , 1 . 2. 1973 , p . 73 .
     State. In other cases, a copy or a photocopy, certi­     (4)  OJ  No  L 146, 4. 6 . 1973 , p . 13 .
 ---pagebreak--- No L 337/ 14                        Official Journal of the European Communities                                6. 12. 73
'certificats valables pour 1 application des montants           montant limite au montant compensatoire adhésion
compensatoires adhésion dans les échanges entre États         applicable pour la nouvelle campagne'
membres'
                                                              'importo limitato all importo compensativo adesione
'certificati validi per 1 applicazione degli importi          applicabile per la nuova campagna'
compensativi adesione negli scambi tra gli Stati
membri'                                                        bedrag beperkt tot het compenserend bedrag
                                                              toetreding van toepassing voor het nieuwe verkoopsei­
 certificaten geldig voor de toepassing van de compen­        zoen '.
serende bedragen toetreding in het handelsverkeer
tussen Lid-Staten '.
                                                              Where the advance fixing certificate or extract there­
2. In Section 17 of the advance fixing certificate            from is used for an import into Germany or Italy, the
the word 'levy' or 'refund', as the case may be, shall be     competent authorities in those Member States may
deleted and replaced by the words "accession' compen­         require that it specify the adjusted rate or rates of
satory amount'.                                               'accession' compensatory amount. In this event the
                                                              rate or rates shall, at the request of the titular holder
3.     In Section 19 of the advance fixing certificate        or transferee, be inserted in Section 19 by the agency
applicable to imports, the rate of 'accession' compensa­      which issued the advance fixing certificate as soon as
tory amount applicable shall be entered for each              the rate of 'accession' compensatory amount appli­
month concerned. Moreover, if the rate of 'accession'         cable in the new marketing year is known . The
compensatory amount applicable in the new                     agency shall date and stamp the certificate.
marketing year is not known at the time of advance
fixing, one of the following endorsements shall appear
in Section 20, preceded by an asterisk corresponding                                    Article 10
to the rate or rates shown in Section 19 :
                                                              This Regulation shall enter into force on the third day
'amount limited to the 'accession' compensatory               following its publication in the Official Journal of
amount applicable in the new marketing year.'                  the European Communities.
'dette beløb ma ikke overstige det tiltrædelses­
udligningsbeløb, som skal anvendes for det nye afsæ­          Article 2 ( 1 ) shall apply only to certificates whose date
tningsår'                                                     of issue within the meaning of Article 8 ( 1 ) of Regula­
'Betrag begrenzt auf den im neuen Wirtschaftsjahr             tion (EEC) No 1373/70 is later than the date of entry
geltenden Beitrittsausgleichsbetrag'                          into force of this Regulation .
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 4 December 1973 .
                                                                        For the Commission
                                                                              The President
                                                                       Francois-Xavier ORTOLI
 ---pagebreak--- 6 . 12. 73                  Official Journal of the European Communities        No L 337/ 15
                                                      ANNEX
                                          I. Basic products — cereals
                     CCT
                 heading No                                Description of goods
           10.01 A                Common wheat and mesiin
           10.01 B                Durum wheat
           10.02                  Rye
           10.03                  Barley
           10.04                  Oats
           10.05 B                Maize, other than hybrid maize for sowing
           10.07 A                Buckwheat
           10.07 B                Millet
           10.07 C                Grain sorghum
           11.01 A                Wheat or mesiin flour
                                            II. Basic products — rice
                    CCT   '
                 heading No                                Description of goods
           10.06                 Rice :
                                 A. Paddy rice ; husked rice :
                                      I. Paddy rice :
                                         a ) Round grained
                                         b ) Long grained
                                    II . Husked rice :
                                         a ) Round grained
                                         b) Long grained
                                 B. Semi-milled or wholly milled rice :
                                     I. Semi-milled rice :
                                         a) Round grained
                                         b ) Long grained
                                    II. Wholly milled rice :
                                         a) Round grained
                                         b ) Long grained
                                 C. Broken rice
 ---pagebreak--- No L 337/ 16                  Official Journal of the European Communities                                 6. 12 . 73
                                  III. Products processed from cereals and rice
                       CCT
                   heading No                        Nomenclature in simplified wording
             07.06 A
                                     Manioc, arrowroot, salep and other similar roots and tubers with
                                    high starch content, excluding sweet potatoes
             11.06 A
                                     Denatured flours and meal of sago and of manioc, arrowroot, salep
                                     and other roots and tubers falling within heading No 07.06, for the
                                     manufacture of starches
             11.07 Ala)              Unroasted malt, obtained from wheat, in the form of flour
             11.07 Alb )             Unroasted malt, obtained from wheat other than in the form of
                                     flour
             11.07 A II a )          Unroasted malt, other than that obtained from wheat, in the form
                                     of flour
             11.07 All b)            Unroasted malt, other than that obtained from wheat, in the form
                                     of flour
             11.07 B                 Roasted malt
             23.02 Ala )             Brans, sharps, and other residues derived from the sifting, milling
                                     or working of maize or rice, with a starch content not exceeding
                                     35 % by weight
             23.02 A I b ) 1         Brans, sharps and other residues derived from the sifting, milling
                                     or working of maize or rice, with a starch content exceeding 35 °/o
                                     but not exceeding 45 % by weight, and having undergone a
                                     denaturing process
             23.02 A- 1 b ) 2        Brans, sharps and other residues derived from the sifting, milling
                                     or working of maize or rice, with a starch content exceeding 35 °/o
                                     but not exceeding 45 % by weight, not having undergone a
                                     denaturing process, or with a starch content exceeding 45 °/o by
                                     weight
             23.02 A II a )          Brans, sharps and other residues derived from the sifting, milling or
                                     working of cereals other than maize or rice, of which the starch
                                     content does not exceed 28 °/o by weight, and of which the
                                     percentage which passes through a sieve with an aperture of 0-2
                                     mm does not exceed 10 °/o by weight or of which the sieved
                                     product has an ash content, calculated on the dry product, of
                                     1*5 % or more by weight
             23.02 A II b )          Brans, sharps and other residues derived from the sifting, milling
                                     or working of cereals other than maize or rice, not falling within
                                     subheading No 23.02 A II a )