CELEX: 31973R0237
Language: en
Date: 1973-01-31 00:00:00
Title: Regulation (EEC) No 237/73 of the Council of 31 January 1973 laying down general rules for the system of compensatory amounts for eggs

Official Journal of the European Communities                           No L 29 /9
1.2 . 73
                                   REGULATION (EEC) No 237/73 OF THE COUNCIL
                                                    of 31 January 1973
                       laying down general rules for the system of compensatory amounts for eggs
THE COUNCIL OF THE EUROPEAN                                      Whereas the economic situation of egg production
COMMUNITIES,                                                     in the new Member States should also be taken into
                                                                 account ;
Having regard to the Treaty establishing the Euro­               Whereas the compensatory amounts for the other
pean Economic Community ;                                        products specified in Council Regulation No 122/67/
                                                                 EEC (*) of 13 June 1967 on the common organiza­
                                                                 tion of the market in eggs, as last amended by the
Having regard to the Treaty (l ) concerning the ac­              Act must be derived from the compensatory amount
cession of new Member States to the European                     for eggs in shell with the help of the coefficients
Economic Community and the European Atomic                       used in calculating the levy ;
Energy Community, signed at Brussels on 22 January
1972, and in particular Articles 47 (5 ) and 62
 ( 1 ) of the Act annexed thereto ;                              Whereas pursuant to Article 47 ( 1) of the Act the
                                                                 compensatory amount for ovalbumin and lactal­
                                                                 bumin must be calculated on the basis of the com­
 Having regard to the proposal from the Commission ;             pensatory amount for eggs in shell in accordance
                                                                 with the rules laid down in Article 2 of Council
                                                                 Regulation No 170/67/EEC (5) of 27 June 1967
 Whereas pursuant to Article 55 of the Act the dif­              on the common system of trade for ovalbumin
 ferences in price levels for agricultural products               and lactalbumin and repealing Regulation No
 between the Community as originally constituted                 48/67/EEC, as amended by Regulation (EEC) No
 and the new Member States are to be compensated                  1081 /71 (•);
 by the levying or granting of compensatory amounts
 applicable in trade between them, and between the
 new Member States and third countries ; whereas                  Whereas the compensatory amounts for cereals are
 such compensatory amount for eggs must be calcu­                 applicable until 31 July 1973 ; whereas the same
 lated in accordance with Article 77 of the Act;                  period of applicability should therefore be provided
                                                                  for in respect of eggs ;
  Whereas the compensatory amount per kilogramme
  of eggs in shell must be calculated on the basis of             Whereas, in pursuance of Article 7 of Regulation
  the compensatory amount applicable to the quantity              (EEC) No 229/73, the levying or granting of com­
  of feed grain required for the production in the                pensatory amounts for cereals can be limited in
  Community of 1 kilogramme of eggs in shell ; where­             order to deal with the situation referred to in Article
  as this quantity of feed grain was fixed by Council             56 of the Act; it is necessary to take this restriction
 Regulation No 145 /67/EEC (2) of 21 June 1967 laying             into account for egg products, viewed as products
  down general rules for calculating the levy and the             derived from cereals, in order to ensure the proper
  sluice-gate price for eggs ;                                    functioning of the common organization of the
                                                                  markets ;
  Whereas the compensatory amount per egg for
  hatching is calculated in accordance with the same              Whereas since the aim of the compensatory amounts
  criteria ;                                                      in intra-Community trade is to provide satisfactory
                                                                  conditions for the movement of products between
                                                                  two Member States with different price levels, a
  Whereas the compensatory amounts for feed grain                 compensatory amount must be levied for imports
  were fixed in accordance with Council Regulation                 into a Member State having a higher price level for
  (EEC) No 229/73 (3) of 31 January 1973 laying down               feed grain, and, conversely, must be granted for
  general rules for the system of compensatory amounts             exports to a Member State having a lower price
  for cereals ;                                                    level for feed grain;
  (l ) OJ L 73, 27. 3. 1972, p. 5.                                 («) OJ No 117, 19. 6. 1967, p. 2293/67.
  (») OJ No 125, 26. 6. 1967, p. 2467/67.                          (») OJ No 130, 28. 6. 1967, p. 2596/67.
  (') OJ No L 27, 1 . 2. 1973, p. 25.                              (•) OJ No L 116, 28. 5 . 1971 , p. 9.
 ---pagebreak---  No L 29 / 10                      Official Journal of the European Communities                               t . 2.73
 Whereas, consequently, Article 55 ( 1 ) (a) of the Act,                              Article 4
 under which compensatory amounts are to be levied
 by the importing Member State or granted by the               1 . If on one or more days in a month Article 7
 exporting Member State, means that the task of               of Regulation (EEC) No 229/73 is applied, the
 levying or granting these amounts falls to the Mem­          amount applicable in the following month as com­
 ber State having the higher price level ;                    pensatory amount for the products referred to in
                                                              Articles 1 , 2 and 3 shall be fixed each month in rela­
 Whereas rules must be laid down for the levying              tion to the average of the amounts fixed during the
 and granting of compensatory amounts in such a               first 25 days of the preceding month for the cereals
 way as to avoid deflection of trade ;                        included in the quantity of feed grains referred to
                                                              in Article 1 of Regulation No 145/67/ EEC.
 HAS ADOPTED THIS REGULATION :
                                                              However, if the amount shows a variation of less
                                                              than 5 % from the amount fixed for . the previous
                                                              month, it shall be maintained unchanged.
                        Article 1                             2.    The amounts applicable during February 1973
                                                              shall be equal to the compensatory amounts fixed
 1 . The compensatory amounts for eggs in shell              in accordance with Articles 1 , 2 and 3 , less the dif­
 applicable until 31 July 1973 in trade between the          ference between those compensatory amounts and the
 Community as originally constituted and the new             amounts calculated from the average for the levies
 Member States, and between those States and third           during the first 25 days of January 1973 for the
                                                             cereals concerned .
countries, shall be as shown in the Annex.
2. The compensatory amounts applicable from
 1 August 1973 shall be cailcullated on the basis of the
amounts referred to in paragraph 1 , according to                                     Article 5
the variation in the compensatory amounts applicable
to the quantity of feed grain necessary for production
 in the Community of 1 kg of eggs in shell or one             The compensatory amounts applicable in trade
 hatching egg.                                               between two new Member States shall be equal to
                                                             the difference between the compensatory amounts
                                                             applicable in trade between each of those States and
                                                             the Community as originally constituted .
                        Article 2
The compensatory amounts for the products specified
in Article 1 ( 1 ) (b) of Regulation No 122/67/EEC,                                   Article 6
applicable in trade between the Community as origi­
nally constituted and the new Member States, and             In trade between the new Member States and between
between those States and third countries, shall be
derived from the compensatory amount for eggs in             those States and the Community as originally con­
shell, other than eggs for hatching, with the help           stituted the compensatory amounts shall be granted
of the coefficients expressing the ratio specified in        or levied by that one of the Member States in question
Article 5 (2) of the Regulation aforesaid.                   in which the price level for the quantity of feed
                                                             grain specified in Annex I to Regulation No
                                                             145/67/EEC is the higher.
                        Article 3
The compensatory amounts for the products speci­                                     Article 7
fied in Article 1 of Regulation No 170/67/EEC,
applicable in trade between the Community as
originally constituted and the new Member States,            1.     In trade between the new Member States and
and between those States and third countries, shall          third countries, the compensatory amounts shall be
                                                             deducted from the levies or refunds .
be derived from the compensatory amount for eggs
in shell, other than eggs for hatching, with the help
of the coefficients specified in Article 2 ( 1 ) of the      2. If a compensatory amount is fixed for a given
Regulation aforesaid.                                        product and the refund is lower than that compen­
 ---pagebreak--- 1.2 . 73                                   Official Journal of the European Communities                                                 No L 29/ 11
satory amount or has not been fixed, then, when the                         and shall be adopted in accordance with the pro­
product in question is exported to a third country,                         cedure laid down in Article 17 of Regulation No
the new Member State in question may levy an                                122/ 67/ EEC .
amount equal to and not more than the difference
between the compensatory amount and the refund or,                          2.       Detailed rules for the application of this Regula­
as the case may be, to the compensatory amount.                             tion and in particular the compensatory amounts
                                                                            other than those fixed in Article 1 ( 1 ) shall be
                                                                            drawn up according to the same procedure.
                            Article S
                                                                            3.       The amounts referred to in Article 4 shall be
The compensatory amount applicable shall be that                            fixed by the Commission .
in force on the day of importation or exportation .
                            Article 9                                                                         Article 10
 1.    Detailed rules for the granting, levying and                         This Regulation shall enter into force on the day
recovery of the compensatory amounts shall be                               of its publication in the Official Journal of the
such as to prevent, in particular, deflection of trade                      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
                                                                    ANNEX
                                                                                                  Trade with :
                     CCT
                   heading                          Description
                     No                                                                                                    United
                                                                                  Denmark               Ireland
                                                                                                                         Kingdom
                      1                                2                                3                   4                   J
                                                                               u.a./ 100 pieces u . a . / 100 pieces  u.a. / 100 pieces
                  04.05            Birds' eggs and egg yolks, fresh,
                                   dried or otherwise preserved,
                                   sweetened or not :
                                   A. Eggs in shell, fresh or pre­
                                        served :
                                        1 . Poultry eggs:
                                            a) Eggs for hatching (a)               00830               0·4485             0·8829
                                                                                 u.a. / 100 kg     u.a./100 kg          u.a./ 100 kg
                                            b) Other                               0·8556              4·6210             9·0982
              (a) Only poultry eggs which fulfil the conditions stipulated by the competent authorities of the European Com­
                  munities arc eligible for entry under this subheading.