CELEX: 51972PC1584
Language: en
Date: 1972-12-12
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL laying down general rules for determining landing areas for fishery products which are very distant from the main centres of consumption in the Community#Proposal for a REGULATION (EEC) OF THE COUNCIL fixing the guide price for Ireland for plaice for 1973#Proposal for a REGULATION (EEC) OF THE COUNCIL laying down general rules for the system of compensatory amounts for plaice (submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (72) 1584
Vol. 1972/0221
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 ---pagebreak--- COMMISSION             0 F   THE       EUROPEAN           COMMUNITIES
                                                COM(72)1584 final
                                                Brussels . 12 December 1972
                             Proposal for a
                      REGULATION ( EEC ) OF THE COUNCIL
         laying down general rules for determining landing areas for
         fishery products which are very distant from the main centres
         of consumption in the Community
                             Proposal for a
                      REGULATION ( EEC ) OF THE COUNCIL
              fixing the guide price for Ireland for plaice for 1973
                             Proposai for a
                      REGULATION ( EEC ) OF THE COUNCIL
       )
           laying down general rules for the system of compensatory
                          amounts for plaice
                 ( submitted by the Commission to the Council )
 COM(72 ) 1584 final
 ---pagebreak---                            EXPLA N À TORY MEMORANDUM
      Draft Regulation laying down general rules for determining landing
areas for fishery products which are very distant from the main centres of
consumption in the Community .
      Council Regulation ( EEC ) No 21^2/70 of 20 October 1970 on the
      common organization of the market in fishery products , as last
      amended by the ;* ct annexed to the Treaty concerning Accession to
      the European Economic Community and the European Atomic Energy
      Community , lays down in Article 10 (^) first subparagraph that the
      withdrawal price may be multiplied by conversion factors for
      landing areas which are very distant in order to ensure that
      producers in those areas have access to markets under satisfactory
      conditions .
 r ■  The purpose of this Regulation is to adopt general rules for
      determining the landing areas in question .
      Draft Regulation fixing the guide price for Ireland for plaice for
the year 1973 *
      Pursuant to Articles 51 and 98 of the Act annexed to the above­
           (
      mentioned Accession Treaty , guide prices for fishery products to
      be applied in Member States must be fixed in accordance with rules
      provided for in the common organization of the market in the sector
      iru question and respecting given criteria . In the great majority
      of cases these prices are fixed at the same level .
      Since Article .10(^0 of Regulation ( EEC ) No 21^2/70 does not apply
      to products for which prices in new Member States are higher than
      in the Community as originally constituted , a special guide price
      must be fixed for plaice -and dab in Ireland .
 ---pagebreak---                                    - 2 -
      The purpose of this Regulation is to amend the rules for fixing
guide prices for fishery products listed in Annex I ( A ) and ( C ) of
Regulation No 21^2/70 for the fishing year 1973 by fixing the guide price
for Ireland for plaice and dab .
Financial effects
      Financial costs will be reduced by applying conversion factors for
certain landing areas which are very distant from the main centres of
consumption in the Community . However the size of the reduction cannot
be calculated because it is not possible now to estimate when producers'
organizations will be established and , in the event , how far they will
apply the Community withdrawal price .
      With regard to the fixing of the guide price for plaice or dab in
Ireland no financial cost is estimated since in the light of information
from Irish experts there will very probably be no withdrawal .
      Since the guide prices in the three new Member States for the other
fishery products listed in annex I ( A ) and ( C ) of Regulation ( EEC )
No 2142/70 will be identical to those in the Community as originally
constituted , the financial cost of fixing these prices will be increased
by two million units of account , which amount has been calculated on the
basis of information supplied by the three new Member States .
      The total of two million units of account is made up as follows :
                         United Kingdom :  1 000 000 u.a .
                         Denmark :           700 000 u.a ,
                         Ireland :           300 000 u.a .
                                           2 000 000 u.a .
 ---pagebreak---                                      Proposal for a
                              REGULATION ( EEC ) OP THE COUNCIL
        laying down general rules for determining landing areas for fishery
        products which are very distant from the main centres of
        consumption in the Community
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
        Having regard to the Treaty establishing the European Economic
Community ;
                                                                 (1)
        Having regard to Council Regulation ( EEC ) No 21^2/70        of
20 October 1970 on the common organization of the market in fishery
products , as last amended by the Act annexed to the Treaty concerning
the accession of new Member States to tha European Economic Community
and to the European Atomic Energy Community , signed at Brussels on
                  (2)
22 February 1972      , and in particular Article 1 0 ( ^+) thereof ;
             *
        Having regard to the proposal from the Commission ;
        Whereas in order to ensure that producers in landing areas which
are very distant from the main centres of _ consumption in the Community
have access to markets under . satisfactory conditions , the price
referred to in the first subparagraph of Article 10(^0 of Regulation
( EEC ) No 21^2/70 may be multiplied by conversion factors for these areas ;
        Whereas general rules should be . laid down for determining the
landing areas in question ;      -
        Whereas the distances between the landing areas and the centres of
consumption , specific conditions affecting transport , the structural
situation of certain areas and the structure of supply and demand
affecting them are factors which may impede access to markets ;
HAS ADOPTED THIS REGULATION :
f1)
) ( OJ No L 236 , 27 October 1970 , p . 5 .
  .   OJ No L 73 , 27 March 1972 , p . ik .
 ---pagebreak---                                     Article 1
        The landing areas referred to in the first subparagraph of
Article 10 ( k ) of Regulation ( EEC ) No 21^2/70 shall be determined
taking account of :
  ~ '   Distances between the landing areas and the main centres of
        consumption in the Community ;
  ~   ■ Specific conditions affecting transport which may impede access
        to markets under satisfactory conditions ;
  ""    The special structural situation existing in certain areas in
        order to ensure a normal market for products ,
  "*    The structure of supply and demand and in particular the conditions
        in which a balanced supply to Community markets may be ensured .
                                    Article 2
        This Regulation shall enter into force on 1 January 1973 .
        This Regulation shall be binding in its entirety and directly
applicable in all Member States .
Done at Brussels ,         19 – •
                                                         For the Council
                                                          The Président
 ---pagebreak---                                     Proposal for a
                             REGULATION ( EEC ) OP THE COUNCIL
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
           (                                        m
       Having regard to the Treaty concerning the accession of new Member
States to the European Economic Community and to the European Atomic
                  (1)
Energy Community      , signed at Brussels on 22 January 1972 , and in
particular Article 153 of the Act annexed thereto , hereinafter called
" the Act ";                                     r
       Having regard to the proposal from the Commission ;
       Whereas , pursuant to Articles 51 and 98 of . the Act , guide prices for
fishery products to be applied in each new Member State shall be fixed in
accordance with the rules laid down in the common organization ofthe
market in this sector and respecting given criteria ; whereas , for Denmark
and Ireland , these criteria provide that guide prices shall be fixed at
a level which allows producers in this sector to obtain . returns equivalent
to those obtained under the previous national system and , for the
United Kingdom , that those prices shall be fixed at a level such that the
application of Community rules results . in a level of market prices
comparable with the level recorded in that Member. State during a representative
period preceding the implementation of the Community rules ;            '
       Whereas , under Article 151 of the Act , the application to new
Member States of Community rules for fishery products is to be deferred
until 1 February 1973 ? whereas this date coincides with that laid dov/n
in article 98 of the Act for the first move towards alignment of guide
prices for new Member States to common prices ; whereas the partioular
guide pride's for those Member States valid from 1 February 1973 should
therefore be fixed taking account of the. first move towards alignment to
be carried out pursuant to Article 52 of the. Act ;
                                                               • ••/•••
 (1)
     OJ No L 73 , 27 March 1972 , p. 5 .
 ---pagebreak---                                                          - 2 -
            whereas , in the gre=it majority of cases , the result of applying
the provisions mentioned above-is - the–fixing- for new Member States of
                                                                                                 (2)
guide prices as fixed by Council Regulation ( EEC ) No ..../72                                        fixing
the guide prices for fishery products listed in Annex I ( A ) and ( C ) of
Regulation ( EEC ) No 21^2/70 for the fishing year 1973 > whereas , in fact ,
only one guide price must be fixed at a level different from that of
the common prices ; that applicable in Ireland for plaice and dab ;
whereas the abevementioned Regulation should be amended accordingly ;
HAS ADOPTED THIS REGULATION :
                                                   Article 1
            The following Article 1(a ) is inserted in Council Regulation
( EEC ) No               /72' of         *
                                                "Article 1 ( a )
            With effect from 1 February 1973 , and by way of derogation from
Article 1 , the guide price for plaice in Ireland , valid until -
31 December 1973 , is fixed as - follows :
                      I
                       1     '                               (1)
                                                Product                                   i Guide price
                                                       i  Size I  Présentation
                                                                                                 ( u.a. /O
     Species             Freshness category            L       L
     Plaice          l                                !
                                      A               !     I I   fish gutted                        k30
     or dab           I                                        ;  with head
(VI1 /) T-ii                   I           •        -i                    _ _ i n i_ _ J _ -f» '
        Freshness category , size , and presentation shall be defined in
        accordance with Article 2 of Regulation ( EEC ) No 21^+2/70 ."
                                                   Article 2
                                                   *
            This Regulation shall enter into force on 1 January 1973 *
            This Regulation shall be binding in its entirety and directly
applicable in all Member States .
Done at Brussels ,                           19– •
                                                                                  For the Council
                                                                                     The Presxbnt
 (2)
        OJ No • • • • * ••••, P • ##
        "Re>rTii"lo+--ir>r>      foryo ^ fn in                 ron" f n 1     *r fr .
 ---pagebreak---                                                       Vl/^406/72-E
                                                           Orig . F
                        EXPLANATORY MEMORANDUM
1.1 . To compensate for differences in price levels between the .
      Community as originally constituted ( hereinafter called " the
      Six") and the new Member States , Article 55(l ) of. the . Act
      concerning the Conditions of Accession and the Adjustments to
      the Treaties ( hereinafter called " the Act ") provides that
      compensatory amounts shall be applied in trade between the latter
      and the EEC .   In trade between the new Member States and third
      countries , the levies and export refunds are reduced or increased ,
      as the case may be , by these compensatory amounts .
' 2.  As regards fishery products , there is only one product to which
      Article 52 of the Act must be applied and for which a specific
      guide price must be applied from 1 February 1973 and a system
      of compensatory amounts must be introduced , namely Irish plaice .
  3.  Under Article 55(2 ) of the Act , made applicable by Article 98
      thereof , the compensatory amounts applicable in trade between
      the Community as originally constituted and the new Member
      States , and between those States and third countries , are to be
      equal to the difference between the prices fixed for the new
      Member State in question and the common price .
  k.  As regards the fixing of compensatory amounts for fishery
      products , Article 99 of the Act provides that they shall be
      corrected , to the extent necessary , by reference to the amount
      of customs   duties .
  5.  In trade between Ireland and third countries , the rate of
      customs duty applied by Ireland is identical to that applied
      by the Community in relation to the same countries . Thus in
      trade between Ireland and third countries the amount of
      customs duties is to be disregarded in calculating the
      compensatory amount .
                                                      • • •/ # • •
 ---pagebreak---                                         - 2 -                VT/M-A-06/72 -E
6.     The purpose of compensatory amounts in intra- Community trade
       is to promote the satisfactory circulation of products between
       Member States with different price levels .    To that end these
       amounts - equal to the difference between the guide price for
       plaice fixed for Ireland and the common guide price - must be
       adjusted by reference to the amount of customs duty . This
       amount is assessed differently for imports into Ireland and for
       exports from Ireland to other Community countries :
       - where plaice having the trade characteristics of the product
         for which the guide price is fixed are imported into Ireland ,
         this amount is assessed by applying the Irish customs duties to the
         common guide price .. This is , in fact , the price most representative
         of the prices of products exported by Member States other than Ireland ,
         The amount thus calculated is deducted from the basic amount when
         Ireland imports products from the Six or from other new Member
         States ;
       - on exports , the amount ( of customs duties ) is equal to the'
         difference between the common guide price and    an amount which ,
         when adjusted by reference to the custom duty    applied by the
                                                                                (1
         importing Member Stcite , would be equal to the  said guide price            .
         It is this amount which is added to the basic    amount upon exportation
         to the Six or to other new Member States .                             /
                                                                           # • •/ • • •
(1)
    Example : Suppose the market price in Ireland is 150 u.a . , the common
guide price is 100 u.a . and customs duty in the importing Member State is
15% • When Ireland exports to the other Member States , the basic amount
would be 150-100 = 50 u.a . ;    the other Member States apply that customs
duty . The amount of the . customs duty , a corrective factor to be added in
this case to the basic amount , must be so calculated as to reduce the price
of the Irish product to a level which , when adjusted by reference to the
customs duty of the importing Member State , is the same as that of the common
guide price . The compensatory amount thus comprises the basic amount
( 50 ) + the amount of customs duties ( x) . . In this example x would equal
100 ( common guide price ) - ( 100 x 100 ) = 13.05 u.a . The compensatory amount
                               115
is thus equal to 50 u.a . +         13»05 u.a . = 63.05 u.a . Irish exports are
made cheaper by so much , by the granting of this amount . Consequently their
price will be 150-63.05 = 86.95 u.a . Application of the customs duty to
this price ( 115% x 86.95 ) raises the price to 100 u.a .
 ---pagebreak---                                -3-                VIA406/72-E
7. For plaice having trade characteristxcs other than those used
   in fixing the guide price , i.e. for products other than the
   pilot product , the guide prices entering into the calculation of
    tlie compensatory amount must be adjusted for quality 'differences .
   This adjustment is made by means of quality conversion factors .
                                                        •i
8. Article 55(*0 of the Act provides that no compensatory amount
   is to be fixed where application of the relevant provisions
   results in a minimal amount . It is proposed that this should
   be applied where the compensatory amount would be lower than
   0.5 units of account per 100 kilogrammes . Moreover , as the
   compensatory amount is assessed as a fixed amount , it is
   proposed that when the amount of customs duties is less than
   1 unit of account per 100 kilogrammes , it should be equal to
   the basic amount .
9» Financial conséquences :
   This Regulation provides for the granting of compensatory
   amounts only on exports from Ireland . According to information
   furnished by the Member State in question to the Commission
   such exports have not taken place in the past and are unlikely
   to do so in the near future .
   The financial consequences of this Regulation may therefore
   be considered to be negligeable .
 ---pagebreak---                                                      VIA406/72-E
              » Application of provisions of the Act
            concerning Accession as regards agriculture
At its session of                 , the Council of the European
Communities , following the procedure laid down in its Resolution
of 20 July 1972 and after consulting the Interim Committee ,
approved the text of the draft Regulation , annexed hereto , which
was submitted to it by the Commission and will , after the entry into
force of the Accession Treaty , be adopted formally in accordance with
the procedures laid down by that Treaty .
 ---pagebreak---                                                                  VI /^06/72-E
                                                                 Orig . F
                                     Froposal for a
                             REGULATION ( EEC ) OF THE GOUI-TCIL
     laying down general rules for the system of gompensatory amounts
     for plaice
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard    to the Treaty concerning the accession of the new Member
States to the    European Economic Community and the European Atomic Energy
           (1)
Community      , signed at Brussels on 22 February 1972 , and in particular
Article 62(1 )   of the ^ ct ( hereinafter called " the Act ") annexed thereto ;
Having regard to the proposal from the Commission ;
Whereas , under articles 51 3-nd 52 of the iict , prices may be fixed for the
new Member States at levels which differ from those of the common prices ;
whereas a guide price has been fixed for fishery products which is different
from the common guide prices ;      whereas this price is valid in Ireland for
plaice ;
Whereas , under article 55 of the - ict , differences in price levels are to
be compensated by a system of compensatory amounts ;
Whereas the compensatory amounts applicable in trade with Ireland are thus
equal to the difference between the prices fixed for that new Member State
and the common prices adjusted , to the extent necessary , by reference to the
amount of customs duties ;
Whereas in trade between Ireland and third countries this amount may be
disregarded since the rate of customs duties levied by that new Member
State on imports from third countries is identical to that applied by the
Community as originally constituted ;
                                                                         • • • /• • •
 (1)
      OJ No L 73 , 27 March 1972 , p. 5 .
 ---pagebreak---                                         - 2 -                     VIA406/72-E
Whereas in other Irish trade that amount must be assessed as a fixed amount
based on the guide price and taking accKrantr" of the fact that where a
compensatory amount is granted the prices in the importing country already
include customs duties ;
Whereas , for plaice with the trade characteristics other than those used
for fixing the guide price , the guide prices entering into the calculation
of the compensatory amount must be adjusted for quality differences ;
whereas this adjustment may be made by means of coefficients derived from
those fixed under the system of withdrawal prices which forms part of the
common organization of the markets ;
Whereas article 55(^0 of the Act provides that no compensatory amount shall
be fixed if calculation thereof would result in a minimal amount ;         whereas
the amount which may be considered to meet that requirement should therefore
be fixed ;
Whereas , since the purpose of compensatory amounts in intra-Community. trade
is to promote the satisfactory circulation of products between Member States
with different price levels , a compensatory amount should be levied on
imports to a Member State with a higher level , in this case Ireland , and ,
conversely , such an amount should be granted on exports from Ireland to
the other Member States where price levels are lower ,
Whereas it therefore follows from article 53(l )( & ) of the ^ ct , under which
compensatory amounts are to be levied by the importing Member State or
granted by the exporting Member State , that it is for the Member State with
the highest price level , in this case Ireland , to grant or levy these amounts
Whereas detailed rules should ^ fee - laid &01&R f<*r"ie<vylng and granting the
compensatory amounts so as to avoid deflections of trade ;
 ---pagebreak---                                          - 3 -              VI/HM-06/72 -E
HxlS < iDOPTED THIS REGULATION :
                                      .irticle 1
The compensatory amounts for plaice . ( subheading No 03.01 B 1 o : of the
Common Customs Tariff ) shall be governed by the " following provisions .
                                      Artxcle 2
1.    In trade between Ireland and the other new Member States or the
Community as originally constituted , the compensatory amounts shall
comprise two components :
( a ) the basic compensatory amount , hereinafter called " basic amount " j and
( b ) the amount of custoras duties .
                                                                     • • •/ €
 ---pagebreak---                                     - k -                     VIA406/72-E
2.  In trade between Ireland and third countries , the amount of customs
duties shall be disregarded in calculating the compensatory amount .
                                  Article 3
1 . For plaice with the trade characteristics of the product for which the
guide price is fixed , the basic amount , and in trade between Ireland and
third countries the compensatory amount , shall be equal to the difference
between the guide prices for plaice fixed for Ireland and the common guide
price for this , product .
2 . For other products falling within ^tariff subheading No 03.01 Bio , .th'e amount
mentioned in paragraph 1 shall be equal to the difference specified in that
paragraph , adjusted by the quality conversion factor .
3.  The amount of customs duties shall be a fixed amount equal to that part
of the price of the imported product which consists of customs duties .
                                  article
1 . Where plaice with the trade characteristics of the product for which
the guide price is fixed are imported into Ireland from the other new Member
States or from the Community as originally constituted , the amount of customs
duties shall be assessed by adjusting the common guide price by reference to
the customs duty applied by Ireland to imports from those places .
2.  Where other products falling within tariff subheading No 03.01 Bio
are imported into Ireland from the other new Member States or from the
Community as originally constituted , the amount of customs duties shall be
assessed in like manner as under paragraph 1 , save that the guide price
shall be adjusted by the quality conversion factor .
 ---pagebreak---                                        - 5 -                VlA*f06/72-E
            i                 '      article 5
1 . Where plaice with the trade characteristics of the product for which
the guide price is fixed, are exported from Ireland to another new Member
State or to the Community as originally constituted , the amount of
customs duties shall be assessed by applying the rate of customs duty
valid in the importing Member State to the amount which , thus increased ,
would be equal to the common guide price .
2 , Whekve. other-products falling within tariff1 subheading No 03.01 B I o
are exported from Ireland to another new Member State or to the Community
as originally constituted , the amount of customs duties shall be assessed in
like manner as under paragraph 1 , save - that the guide price shall be
adjusted by the quality conversion factor .
           " : ;                  v " 7 ' ■
                                     article 6
                                                                        >
The quality conversion factors specified in Articles 3(2 ), M2 ) and 5(2 )
shall be derived from those defined pursuant to Council Regulation
                   (1)
( EEC ) No 2142/70     of 20 October 1970 on the common organization of the
market in fishery products , as last amended by the act .
                                                                   • • •/ • • •
                                     V
(1)
      OJ No L 236 , 27 October 1970 , p. 5
 ---pagebreak---                                                          VI/H06/72-E
                                  Article 7
  1.   For imports into Ireland from the other new Member States and the
  Community as originally constituted , the basic amount shall be reduced
  by the amount of customs duties .
  2.   For exports from Ireland to the other new Member States and the
  Community as originally constituted , the basic amount shall be
  increased by the amount of customs duties ..
                                  Article 8
  The compensatory amounts shall be levied by Ireland on imports and
  granted by Ireland on exports ;   they shall be in addition to export
  refunds .
                                  Article 9
  1.   If the amount of customs duties is lower than one unit of account
  per 100 kilogrammes , the compensatory amount shall be equal to the
  basic amount .
  2.   Where the compensatory amount would be lower than 0.5 units of
  account per 100 kilogrammes , it shall not be fixed .
                                  Article 10
  The applicable compensatory amount shall be that ruling on the day of
  importation or exportation .
                                  Article 11
  1.   Detailed rules for the application of this Regulation and for
  granting , levying and recovering compensatory amounts , to be laid down
  so as to avoid deflections of trade , shall be adopted in accordance
s
  with the procedure laid down in Article 29 of Regulation (EEC )
  No 21^2/70 .
                                                                    /
                                                           r> • • /   o O o
 ---pagebreak---                                   - 7 -               VI/Mf06/72-E
2.  Compensatory amounts shall be fixed by the same procedure .
                              Article 12
This Regulation shall enter into force on the day of its publication
in the Official Journal of the European Communities .   -
It shall apply from 1 February 1973 .
This Regulation shall be binding in its entirety and directly
applicable in all Member States .
Done at Brussels ,       19 –                      For the Council
                                                   The Président