CELEX: 31973R0243
Language: en
Date: 1973-01-31 00:00:00
Title: Regulation (EEC) No 243/73 of the Council of 31 January 1973 laying down general rules for the system of compensatory amounts for rice and fixing these amounts for certain products

No L 29/26                           Official Journal of the European Communities                               1 . 2 . 73
                                 REGULATION ( EEC) No 243 /73 OF THE COUNCIL
                                                    of 31 January 1973
              laying down general rules for the system of compensatory amounts for rice and fixing
                                             these amounts for certain products
THE COUNCIL OF THE EUROPEAN                                      rice processing, as last amended by Regulation ( EEC )
COMMUNITIES,                                                     No 1499 / 72 ( 3 );
Having regard to the Treaty establishing the Euro­               Whereas for products listed in Article 1 ( 1 ) ( c) of
pean Economic Community ;                                        Council Regulation No 359/ 67/ EEC ( 4 ) of 26 June
                                                                 1967 on the common organization of the market in
                                                                 rice, amended by the Act, the compensatory amount
Having regard to the Treaty (') concerning the Ac­               must be fixed with the help of the coefficients used
cession of new Member States to the European                     in determining the variable component of the levy ;
Economic Community and to the European Atomic                    whereas these coefficients were fixed by Council
Energy Community, signed at Brussels on 22 January               Regulation ( EEC) No 1052/68 (5 ) of 23 July 1968
 1972, and in particular Articles 55 ( 6) and 62 ( 1 ) of        on the import and export system for products pro­
the Act annexed thereto ;                                        cessed from cereals and from rice, as last amended
                                                                 by Regulation ( EEC) No 1529/ 71 (6 );
Having regard to the proposal from the Commission ;
                                                                 Whereas, since the 'purpose of .compensatory amounts
                                                                 in intra-Community trade is to promote the satis­
                                                                 factory circulation of products between Member
Whereas under Article 80 of the Act compensatory                 States having different price levels, a compensatory
amounts for round-grained and long-grained husked                amount should fee levied on imports < to a Member
rice and for broken rice must be established on the
                                                                 State with a higher price level and , conversely, such
basis of the difference between the threshold price              an amount should be granted on exports to a Mem­
and the market prices recorded on the market of the
                                                                 ber State with a lower price level ;
new Member State concerned during a reference
period ;
                                                                 Whereas it therefore follows from Article 55 ( 1 ) ( a )
Whereas the new Member States have until now                     of the Act, according to which compensatory
obtained their supplies at world market prices ;                 amounts are levied by the importing Member State
 whereas if these prices which are the basis for fixing          or granted by the exporting Member State, that it
levies adjusted for the difference in transport costs            is for the Member State with the highest price level
 are used, a price comparable to the threshold price             to grant oir levy these amounts ;
and scarcely varying from one new Member State
to another should be fixed for these new Member
States, whereas compensatory amounts for husked                  Whereas Article 56 of the Act provides that appro­
and broken rice should therefore be fixed at an                  priate measures may be taken with a view to ensur­
identical level for the three new Member States ;                ing the proper functioning of the common organi­
                                                                 zation of the market when the world market price
                                                                 is higher than the price used in calculating the im­
 Whereas the rules in Artide 80 (2) of the Act apply             port charge introduced under the common agricul­
 to compensatory amounts other than those specified              tural policy, less the compensatory amount; whereas
 above; whereas under that Artidle the compensatory              the measures aforesaid may in particular provide for
 amounts for paddy rice, semi-milled rice and fully              the limited charge or grant of compensatory amounts
milled rice will be derived from the compensatory                depending on the fluctuations of prices on the world
amount for the reference products with the help                  market; whereas the terms on which these are to be
of the coefficients established in Commission Regu­              limited must thereof be fixed ; whereas, moreover
lation No 467/67/EEC (2) of 21 August 1967 fixing                the limitation should be reflected equally in the
the conversion rates, the processing costs and the               compensatory amounts applicable to products pro­
value of the by-products for the various stages of               cessed from rice.
(') OJ No L 73, 27. 3. 1972, p. 5.                               (*) OJ No 174, 31 . 7. 1967, p. 1 .
(') OJ No 204, 24. 8. 1967, p. 1 .                               (5) OJ No L 179, 25 . 7. 1968, p . 8 .
(s) OJ No L 158, 13. 7. 1972, p. 22.                             (8) OJ No L 162, 20. 7 . 1971 , p . 11 .
 ---pagebreak---  1.2 . 73                           Official Journal of the European Communities                             No L 29 / 27
Whereas it should be made clear that the application                                    Article 3
of Article 55 ( 1 ) ( b) of the Act involves deduction of
the compensatory amount from the levy or refund ;
                                                              In trade between the Member States and the Com­
                                                              munity      as  originally    constituted , compensatory
Whereas it is necessary to provide for the possible           amounts shall be levied or granted by that one of
introduction, should the necessity arise, of a system         the two Member States in question whose price
of rules for advance fixing of the compensatory               level used in determining the compensatory amounts
amount ;                                                      is the higher. In trade between new Member States
                                                              and third countries, the compensatory amounts shall
Whereas appropriate measures must be taken to                 be deducted from the levy or refund.
avoid deflection of trade where, in trade between a
new Member State and third countries, the compen­
satory amount is to be deducted from the refund                                         Article 4
or where the refund, if fixed at all , is lower than
the compensatory amount ;
                                                               1.    The applicable compensatory amount shall be
Whereas detailed rules for levying and granting                that ruling on the day of importation or exportation.
compensatory amounts should be such as to avoid
deflections of trade caused, in particular, by dif­            2. However, should the necessity arise , the de­
ferences in their levels ;                                     cision may be taken, in accordance with the pro­
                                                               visions of Article 7 ( 1 ) to establish a system of rules
Whereas for the sake of clarity the Commission                 for advance fixing of the compensatory amount.
should be authorized to publish the compensatory
amounts in the Annex listing those fixed by the
Commission ;
                                                                                        Article .S
HAS ADOPTED THIS REGULATION :                                  1.    If the levy for any product referred to in Ar­
                                                               ticle 1 is lower than the compensatory amount fixed
                                                               for that product, the Commission shall , by applying
                                                               the scale set out in the Annex, determine the amount
                          Article /
                                                               applicable by way of compensatory amount in trade
                                                               between the Community as originally constituted and
The compensatory amounts applicable until 31                   the new Member States, and between those States
August 1973 to trade between the Community as                  and third countries .
originally constituted and the new Member States
and between the        new    Member    States  and  third
countries shall , for the following products, be as            Where, however, the amount of levy lies within the
follows :                                                      range of values which includes the compensatory
                                                               amount fixed in Article 1 , that compensatory amount
Round-grained husked 9*90 units of account per                 shall continue to apply.
rice :                        100 kilogrammes ;
                                                               2.    For semi-milled or wholly milled rice the
Long-grained husked           1T45 units of account per        amount applicable by way of compensatory amount
rice :                        100 kilogrammes ;                shall be determined by the Commissiion in accord­
                                                               ance with the terms and on the conditions set out
Broken rice :                 4*55 units of account per        in the foregoing paragraph, the amount to be taken
                              100 kilogrammes ;                for purposes of levy being in this case the levy
                                                               chargeable in respect of the product in question re­
                                                               duced by the amount representing the component
                                                               for protection of the processing 'industry referred to
                          Article 2                            in Article 14 (3 ) of Regulation No 359/67/EEC.
The compensatory amounts applicable to paddy                   3 . For the products referred to in Article 1 (c) of
 rice, semi-milled rice, milled rice and products              Regulation No 359/67/EEC, the amount applicable
specified in Article 1 ( 1 ) (c) of Regulation No 359/         by way of compensatory amount shall be determined
67/EEC shall be fixed with the help of the coef­               by the Commission by reference to the variations
ficients provided in Regulations No 467/67/EEC                 in the amount or amounts determined under para­
and (EEC) No 1052/68 .                                         graph 1 for the basic products concerned.
 ---pagebreak--- No L 29 / 28                      Official Journal of the European Communities                                    1 . 2 . 73
                        Article 6                              ( b ) the compensatory amounts provided for in Art­
                                                                     icle 1 , for subsequent marketing years ;
Where , for a given product, compensatory amount
has been fixed , and the refund is lower than that             ( c ) detailed rules for granting, levying and recovering
compensatory amount, or has not been fixed , then ,                  compensatory amounts , in such a way as to
when the product in question is exported to a third                  avoid deflections of trade and distortion of com­
country , an amount not exceeding the difference                     petition ;
between the compensatory amount and the refund ,
or , as the case may be, not exceeding the compen­             ( d ) other derailed rules for the application of this
satory amount , may be levied in the new Member                      Regulation .
State in question .
                                                               2.      The Commission shall be authorized to publish
                                                              the compensatory amounts together with the com­
                        Article 7                              pensatory amounts fixed in Article 1 .
 1.     The following shall be determined in accord­
ance with the procedure laid down in Article 26                                           Article S
of Regulation No 359 / 67/ EEC :
                                                               This Regulation shall enter into force on the day
( a ) the compensatory amounts provided for by Art­            of its publication in the Official Journal of the Euro­
      icle 2 ;                                                 pean Economic 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 29 / 29
                                       ANNEX
                                               Amounts applicable
                 Amount of the Community levy   as compensatory
                          u.a . 100 kg               amount
                                                   u.a . 100 kg
          from 16·80 to 16·21                       16·50
          from 16·20 to 15·61                       15·90
          from  15·60  to  15·01                    15·30
          from  15·00  to   14·41                   14·70
          from  14·40  to  13·81                    14·10
          from  13·80  to  13·21                    13·50
          from  13·20  to   12·61                   12·90
          from  12·60  to   1201                    12·30
          from   12 00 to   11·41                   11·70
          from  11·40  to   10·81                   11·10
          from  10·80  to  10·21                    10·50
          from  10·20  to    9·61                     9·90
          from    9·60 to    9 01                     9·30
          from    9·00 to    8 41                     8·70
          from    840  to    7·81                     8·10
          from    7·80 to    7·21                     7·50
          from    7·20 to    6 - 61                   6·90
          from    6·60 to    6·01                     6·30
          from    6·00 to    5·41                     5·70
          from    5·40 to    4·81                     5·10
          from    4·80 to    4·21                     4·50
          from    4·20 to    3·61                     3·90
          from    3·60 to    3·01                     3·30
          from    3·00 to    2·41                     2·70
          from    2·40 to    1·81                     2·10
          from    1·80 to     1·21                    1·50
          from    1·20 to    0·61                     0·90
          from    0·60 to    0·01                     0·30
                     0                                   0