CELEX: 31973R0240
Language: en
Date: 1973-01-31 00:00:00
Title: Regulation (EEC) No 240/73 of the Council of 31 January 1973 laying down general rules for the system of compensatory amounts for plaice

No L 29 / 16                        Official Journal of the European Communities                              1 . 2 . 73
                                REGULATION (EEC) No 240/73 OF THE COUNCIL
                                                  of 31 January 1973
                   laying down general rules for the system of compensatory amounts for plaice
THE COUNCIL OF THE EUROPEAN                                   whereas this adjustment may be made by means
COMMUNITIES,                                                  of coefficients calculated on the basis of those fixed
                                                               in the framework of the system of withdrawal prices
Having regard to the Treaty (') concerning the Ac­            for the common organization of the markets ;
cession of new Member States to the European
Economic Community and the European Atomic                     Whereas Article 55 (4) of the Act lays down that
Energy Community, signed at Brussels on 22 Janu­              no compensatory amount shall be fixed if the cal­
ary 1972, and in particular Article 62 ( 1 ) of the Act       culation     thereof results  in  a  minimal  amount ;
annexed thereto ;
                                                              whereas it is, therefore, desirable that the minimum
                                                              amount to be adopted in that eventuality should be
Having regard to the proposal from the Commis­                fixed ;
sion ;
                                                               Whereas, since the aim of compensatory amounts
Whereas Articles 51 and 52 of the Act lay down                in intra-Community trade is to allow movement
that in respect of the new Member States, the                 of products on satisfactory terms between two
prices shall be fixed at a ilevel which may be dif­            Member States in which there are different price
ferent from that of the common prices ; whereas in            levels, a compensatory amount should be levied in
respect of fishery products a guide price has been             the case of imports into the Member State which has
fixed which is different from the common guide                a higher level of prices, in this case Ireland, and,
prices ; whereas this price is valid in Ireland for           conversely, such an amount should be granted in
plaice ;
                                                              the case of exports from Ireland to the other
                                                              Member States which have a lower price level ;
Whereas under the terms of Article 55 of the Act
differences in prices are to be compensated by a
                                                               Whereas Article 55 ( 1 ) ( a ) of the Act lays down
system of compensatory amounts ;                              that compensatory amounts shall be levied by the
                                                              importing Member State or granted by the export­
Whereas, under these circumstances, the compen­               ing Member State ; whereas the task of levying or
satory amounts applicable in trade with Ireland are           granting these amounts falls therefore to the Mem­
equal to the difference between the prices fixed for          ber State in which the price level is the higher, in
that State and the common prices, and whereas the             this case Ireland ;
difference must be adjusted in so far as is necessary
by the incidence of customs duties ;
                                                              Whereas the fixing of the detailed rules for levying
                                                              and granting compensatory amounts should be
Whereas, in trade between Irdand and third coun­              planned in such a way as to avoid distortions of trade ;
tries this incidence is not to be taken into account,
the rate of customs duties levied by this new
Member State in respect of these countries being               HAS ADOPTED THIS REGULATION :
identical to that applied in respect of the latter by
the Community as originally constituted ;
                                                                                      Article 1
Whereas, in the remainder of Ireland's trade, this
incidence must be calculated as a flat rate on the            The compensatory amounts in respect of plaice fal­
basis of the guide . prices and taking into                   ling within heading 03.01 Bio) 1 of the Common
account that, in cases where the compensatory                 Customs Tariff shall be subject to the following
amount is granted, the prices of the importing                rules .
country already include the customs duty;
Whereas, in respect of plaice meeting commercial                                      Article 2
specifications other than those taken into account
when the guide prices were fixed, the guide prices             1.     In trade between Ireland and the other new
used in calculating the compensatory amount must              Member States and in trade between Ireland and
be adjusted according to the differences in quality ;         the Community as originally constituted, the com­
                                                              pensatory amounts shall be composed of two ele­
(!) OJ No L 73, 27. 3. 1972, p. 5 .                           ments :
 ---pagebreak---  1 . 2 . 73                           Official Journal of the European Communities                                No L 29 / 17
( a ) the basic compensatory amount, hereinafter called         Member State to the amount which would therefore
       ' basic amount',                                         be increased and would reach the level of the com­
                                                                mon guide price.
( b ) the incidence of the customs duty .
                                                                 2.      Where other products falling within tariff head­
2.        In trade between Ireland and third countries the       ing 03.01 B I o ) 1 are exported from Ireland to the
incidence of the customs duty shall not t?e taken into           other new Member States and the Community as
account in calculating the compensatory amount.                  originally constituted, the incidence of the customs
                                                                 duty shall be established in accordance with para­
                                                                 graph 1 and the guide price shall be adjusted by
                           Article i                             quality conversion factors .
1.        In respect of plaice meeting the commercial
specifications of the product which served as the                                            Article 6
basis for establishing the guide price, the basic
amount and, in trade between Ireland and third                   The quality conversion factors referred to in Article 3
countries, the compensatory amount, shall be equal               ( 2 ), Article 4 ( 2 ) and Article 5 (2) shall be established
to the difference between the guide price for plaice              on the basis of those determined for the purposes of
fixed for Ireland and the common guide price for                 applying Article 10 of Council Regulation (EEC)
this product.                                                    No 2142/70 (') of 20 October 1970 on the common
                                                                 organization of the market in fishery products as
2.        In respect of other products falling within tariff     last amended by the Act.
heading 03.01 B I o) 1 , the amounts referred to in
paragraph 1 shall be equal to the difference indicated
in that paragraph, adjusted by quality conversion                                            Article 7
factors .
                                                                  1.     For imports into Ireland from the other new
3.        The incidence of the customs duty shall be a           Member States and the Community as originally
flat rate amount reflecting the effect of the applica­            constituted, the basic amount shall be reduced by the
tion of customs duties on the price of the imported              incidence of the customs duty.
product.
                                                                 2.      For exports from Ireland to the other new
                                                                 Member States and the Community as originally
                            Article 4                            constituted the basic amount shall be increased by
                                                                 the incidence of the customs duty.
1 . Where plaice which meets the commercial speci­
fications of the product which served as the basis
for establishing the guide price is imported into Ire­                                       Article 8
land from the other new Member States and the
Community as originally constituted, the incidence                Ireland shall levy the compensatory amounts on
of the customs duty shall be established by adjusting             imports and grant the compensatory amounts on ex­
the common guide price by the customs duty applied               ports. In the latter case these will be in addition to
by Ireland to imports from the same countries.                   the export refunds.
     2. Where the other products falling within tariff
heading 03.01 B I o) 1 are imported into Ireland                                             Article 9
from the other new Member States and the Com­
munity as originally constituted, the incidence of the           1.      If the incidence of the customs duty per 100
customs duty shall be established in accordance with             kilogrammes is less than one unit of account, the
paragraph 1 and, in addition, the guide price shall              compensatory amount shall be equal to the basic
be adjusted by quality conversion factors.                       amount.
                                                                 2.      No compensatory amount shall be fixed below
                            Article S                            0*5 units of account per 100 kilogrammes.
 1 . Where plaice which meets the commercial speci­
fications of the product which served as the basis                                          Article 10
for establishing the guide price is exported from
Ireland to the other new Member States and the                   The compensatory amount to be applied is that in
Community as originally constituted the incidence                force on the day of importation or exportation.
of the customs duty shall be established by applying
the rate of customs duty applicable in the importing             (l ) OJ No L 236, 27. 10. 1970, p. 5 .
 ---pagebreak--- No L 29 / 18                        Official Journal of the European Communities                                1 . 2 . 73
                        Article 1 1                           2.     The compensatory amounts shall be fixed in
                                                              accordance with the procedure referred to in para­
                                                              graph 1 .
1.    The detailed rules for the application of this
Regulation and the detailed rules for granting, levy­
ing and recovering compensatory amounts, adopted                                      Article 12
in particular in order to prevent distortions of trade,
shall be adopted in accordance with the procedure             This Regulation shall enter into force on the day
laid down       in Article 29 of Regulation        ( EEC )     of its publication in the Official Journal of the Euro­
No 2142 / 70 .                                                pean 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