CELEX: 31975R2770
Language: en
Date: 1975-10-29 00:00:00
Title: Regulation (EEC) No 2770/75 of the Council of 29 October 1975 laying down general rules for the system of accession compensatory amounts for pigmeat

No L 282/46                              Official Journal of the European Communities                               1 . 11.75
                                   REGULATION (EEC) No 2770/75 OF THE COUNCIL
                                                       of 29 October 1975
              laying down general rules for the system of accession compensatory amounts for
                                                             pigmeat
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas the economic situation of pig production in
                                                                    the new Member States should also be taken into
                                                                    account ;
Having regard to the Treaty establishing the
European Economic Community;
                                                                    Whereas the compensatory amount for the other
                                                                    products specified in Council Regulation (EEC) No
Having regard to the Treaty (*) concerning the                     2759/75 (4) of 29 October 1975 on the common
Accession of new Member States to the European                      organization of the market in pigmeat, must be
Economic Community and the European Atomic                          derived from the compensatory amount for pig
Energy Community, signed on 22 January 1972, and                    carcases with the help of the coefficients used in
in particular Article 62 ( 1 ) of the Act annexed                   calculating the levy ;
thereto ;
Having regard to the proposal from the Commission ;                 Whereas under Article 7 of Regulation (EEC) No
                                                                   2757/75 the charging or granting of compensatory
                                                                    amounts for cereals may be limited in order to deal
Whereas pursuant to Article 55 of the Act the                       with the situation referred to in Article 56 of the Act;
                                                                    whereas such limitation must be taken into account
differences in price levels for agricultural products
between the Community as originally constituted and                 for pigmeat products, in as much as they are derived
the new Member States are to be compensated by the                  from cereals, if the proper functioning of the
levying or granting of compensatory amounts                         common organization of the markets is to be
applicable in trade between them, and between the                   assured ; whereas lard, which is subject to particular
new Member States and third countries ; whereas                     market conditions in certain new Member States,
such compensatory amounts for pigmeat must be                       should furthermore be exempt from this limitation of
calculated in accordance with Article 75 of the Act;                compensatory amounts ;
Whereas the compensatory amount per kilogramme                      Whereas since the aim of the compensatory amounts
of pig carcase must be calculated on the basis of the               in intra-Community trade is to provide satisfactory
compensatory amount applicable to the quantity of                   conditions for the movement of products between
feed grain required for the production of 1                         two Member States with different price levels, a
kilogramme of pigmeat in the Community ; whereas                    compensatory amount must be levied on imports into
this quantity of feed grain was fixed in Article 1 of               a Member State having a higher price level for feed
Council Regulation (EEC) No 2764/75 (2) of 29 Oc­                   grain, and, conversely, must be granted for exports to
tober 1975 laying down the rules for calculating a                  a Member State having a lower price level for feed
component of the levy on pig carcases;                              grain;
Whereas the compensatory amounts for feed grain                     Whereas, consequently, Article 55 ( 1 ) (a) of the Act,
were fixed in accordance with Council Regulation                    under which compensatory amounts are to be levied
(EEC) No 2757/75 (3) of 29 October 1975 laying                      by the importing Member State or granted by the
down general rules for the system of accession                      exporting Member State, means that the task of
compensatory amounts for cereals;                                   levying or granting these amounts falls to the
                                                                    Member State having the higher price level for feed
                                                                    grain ;
H OJ No L 73 , 27. 3 . 1972, p. 5 .
(2) See page 21 of this Official Journal.
(3) OJ No L 281 , 1 . 11 . 1975 , p. 104.                           (4) See page 1 of this Official Journal.
 ---pagebreak--- 1 . 11.75                             Official Journal of the European Communities                          No L 282/47
Whereas rules must be laid down for the levying and              compensatory amount for the products referred to in
granting of compensatory amounts in such a way as                Articles 1 and 2 shall be determined every quarter by
to avoid deflection of trade,                                    reference to the average of the amounts determined
                                                                 during the first 75 days of the previous quarter for
                                                                 the cereals included in the quantity of feed grain
                                                                 referred to in Article 1 of Regulation (EEC) No
                                                                 2764/75 .
HAS ADOPTED THIS REGULATION :
                                                                 However, if the amount varies by less than 5 % from
                                                                 the amount determined for the previous quarter, the
                          Article 1                              latter amount shall remain unchanged.
 1 . The accession compensatory amounts for                      2. The provisions of paragraph 1 shall not apply
domestic pigmeat, in the form of carcases or                     to the compensatory amount for products falling
half-carcases, with or without heads, feet or flare fat,         within subheading 15.01 A of the Common Customs
falling within subheading 02.01 A III a) 1 of the                Tariff.
Common Customs Tariff, and hereinafter designated
'pig carcases', applicable in trade between the
Community as originally constituted and the new                                          Article 4
Member States, and between those States and third
countries, shall be calculated on the basis of the               The accession compensatory amounts applicable in
amounts specified in paragraph 2 by reference to the             trade between two new Member States shall be equal
variation in the accession compensatory amounts                  to the difference between the accession compensatory
applicable for the quantity of feed grain required to            amounts applicable in trade between each of those
produce one kilogramme of pigmeat in the                         States and the Community as originally constituted.
Community.
2. The amounts referred to in paragraph 1 shall be                                       Article 5
the following compensatory amounts, valid for
June/July 1973 :                                                 In trade between the new Member States              and
                                                                 between those States and the Community as
                           u.a./ 100 kg                          originally constituted, the accession compensatory
                  Denmark
                                                                 amounts shall be granted or levied by whichever
                                         1-36
                                                                 Member State has the higher price level for the
                  Ireland                5-60                    quantity of feed grain specified in Article 1 of
                  United Kingdom        13-30                    Regulation (EEC) No 2764/75.
                                                                                         Article 6
                         Article 2
                                                                 1.    In trade between the new Member States and
The accession compensatory amounts for the                       third countries, the accession compensatory amounts
products specified in Article 1 (1 ) of Regulation               shall be deducted from the levies or refunds .
(EEC) No 2759/75, other than pig carcases, appli­
cable in trade between the Community as originally               2. If an accession compensatory amount is fixed
constituted and the new Member States, and between               for a given product and the refund is lower than that
those States and third countries, shall be derived               compensatory amount or has not been fixed, then,
from the accession compensatory amount applicable                when the product in question is exported to a third
to pig carcases with the aid of the coefficients
                                                                 country, provision may be made for the new Member
expressing the ratio referred to in Article 10 ( 1 ) and         State in question to levy an amount which shall not
(2) (a) of the Regulation aforesaid.                             exceed    the   difference    between   the    accession
                                                                 compensatory amount and the refund or, as the case
                                                                 may be, the accession compensatory amount.
                         Article 3
1.     If Article 7 of Regulation (EEC) No 2757/75 is                                    Article 7
applied during one or more days in the course of the
first 75 days of any quarter up to 1 August, 1                   The accession compensatory amount applicable shall
November, 1 February or 1 May, the amount                        be that in force on the day of importation or
applicable     in   the   following      quarter   as  the       exportation.
 ---pagebreak---  No L 282/48                         Official Journal of the European Communities                            1 . 11.75
                         Article 8                                                        Article 9
  1 . Detailed rules for the granting, levying and              1 . Council Regulation (EEC) No 234/73 (*) of 31
  recovery of the accession compensatory amounts                January 1973 laying down general rules for the
  shall be such as to prevent, in particular, deflection of     system of compensatory amounts for pigmeat, as
  trade and shall be adopted in accordance with the             amended by Regulation (EEC) No 2879/73 (2), is
  procedure laid down in Article 24 of Regulation               hereby repealed.
  (EEC) No 2759/75.
                                                                2.    References to the Regulation repealed by
  2. Detailed rules for the application of this                 paragraph 1 shall be construed as references to this
  Regulation and in particular the compensatory                 Regulation.
  amounts, other than those fixed in Article 1 ( 1 ) shall
" be drawn up by the same procedure.                                                     Article 10
  3.    The amounts referred to in Article 3 shall be           This Regulation shall enter into force on 1 November
  determined by the Commission.                                 1975 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Luxembourg, 29 October 1975 .
                                                                                        For the Council
                                                                                         The President
                                                                                         G. MARCORA
                                                                 (!) OJ No L 29, 1 . 2. 1973, p . 1 .
                                                                 (2) OJ No L 297, 25 . 10. 1973, p. 3 .