CELEX: 31975R2776
Language: en
Date: 1975-10-29 00:00:00
Title: Regulation (EEC) No 2776/75 of the Council of 29 October 1975 laying down general rules for the system of accession compensatory amounts for eggs

No L 282/74                          Official Journal of the European Communities                              1.11.75
                                 REGULATION (EEC) No 2776/75 OF THE COUNCIL
                                                    of 29 October 1975
                laying down general rules for the system of accession compensatory amounts for eggs
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        (EEC) No 2757/75 (3) of 29 October 1975 laying
                                                               down general rules for the system of accession
                                                                compensatory amounts for cereals;
Having regard to the Treaty establishing the
European Economic Community;                                    Whereas the economic situation of egg production in
                                                                the new Member States should also be taken into
                                                                account;
Having regard to the Treaty ( J) concerning the
accession of new Member States to the European
Economic Community and the European Atomic                      Whereas the compensatory amounts for the other
Energy Community, signed on 22 January 1972, and                products specified in Council Regulation (EEC)
in particular Articles 47 (5 ) and 62 ( 1) of the Act            No 2771 /75 (4) of 29 October 1975 on the common
annexed thereto ;                                               organization of the market in eggs, must be derived
                                                                from the compensatory amount for eggs in shell with
                                                                the help of the coefficients used in calculating the
Having regard to the proposal from the Commission ;             levy;
                                                                Whereas pursuant to Article 47 ( 1 ) of the Act, the
Whereas pursuant to Article 55 of the Act the                  compensatory amount for ovalbumin and lactalbu­
differences in price levels for agricultural products          min must be calculated on the basis of the compensa­
between the Community as originally constituted and            tory amount for eggs in shell in accordance with the
the new Member States are to be compensated by the             rules laid down in Article 2 of Council Regulation
levying or granting of compensatory amounts                     (EEC) No 2783/75 (5) of 29 October 1975 on the
applicable in trade between them, and between the              common system of trade for ovalbumin and lactal­
new Member States and third countries ; whereas                bumin ;
such compensatory amounts for eggs must be
calculated in accordance with Article 77 of the Act;
                                                                Whereas, in pursuance of Article 7 of iRegulation
                                                                (EEC) No 2757/75, the levying or granting of
Whereas the compensatory amount per kilogramme                  compensatory amounts for cereals can be limited in
                                                                order to deal with the situation referred to in Article
of eggs in shell must be calculated on the basis of the
compensatory amount applicable to the quantity of               56 of the Act; whereas it is necessary to take this
feed grain required for the production in the                   restriction into account for egg products, viewed as
Community of 1 kilogramme of eggs in shell;                     products derived from cereals, in order to ensure the
whereas this quantity of feed grain was fixed in                proper functioning of the common organization of
Annex I to Council Regulation (EEC) No 2773/75 (2)              the market;
of 29 October 1975 laying down general rules for
calculating the levy and the sluice-gate price for eggs ;        Whereas since the aim of the compensatory amounts
                                                                in intra-Community trade is to provide satisfactory
                                                                 conditions for the movement of products between
Whereas the compensatory amount per egg for                      two Member States with different price levels, a
hatching is calculated in accordance with the same               compensatory amount must be levied for imports
criteria ;                                                       into a Member State having a higher price level for
                                                                 feed grain, and, conversely, must be granted for
                                                                 exports to a Member State having a lower price level
Whereas the compensatory amounts for feed grain                 for feed grain;
were fixed in accordance with Council Regulation
                                                                 (3) OJ No L 281, 1 . 11 . 1975, p. 104.
W OJ No L 73 , 27. 3 . 1972, p. 5 .                              (4) See page 49 of this Official Journal.
(2) See page 64 of this Official Journal.                        (5) See page 104 of the Official Journal.
                                                                                              J
 ---pagebreak---  1 . 11.75                         Official Journal of the European Communities                          No L 282/75
 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
 exporting Member State, means that the task of,,             If Article 7 of Regulation (EEC) No 2757/75 is applied
 levying or granting these amounts falls to the               during one or more days in the course of the first 75
 Member State having the higher price level :                 days of any quarter up to 1 August, 1 November, 1
                                                              February or 1 May, the amount applicable in the
                                                              following quarter as the compensatory amount for
 Whereas rules must be laid down for the levying and          the products referred to in Articles 1 and 2 shall be
 granting of compensatory amounts in such a way as            determined every quarter by reference to the average
 to avoid deflection of trade,                                of tfie 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 2773/75 .
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.
The accession compensatory amounts for eggs in
                                                                                      Article 5
 shell, applicable in trade between the Community as
originally constituted and the new Member States,
 and between those States and third countries, shall be,     The accession compensatory amounts applicable in
 calculated on the basis of the amounts shown in the
                                                              trade between two new Member States shall be equal
 Annex by reference to the variation in the accession         to the difference between the accession compensatory
 compensatory amounts applicable for the quantity of          amounts applicable in trade between each of those
feed grain necessary for production in the                   States and the Community as originally constituted.
Community of 1 kilogramme of eggs in shell or one
egg for hatching.
                                                                                      Article 6
                         Article 2
                                                             In trade between the new Member States and
The accession compensatory amounts for the pro­               between those States        and the    Community as
ducts specified in Article 1 ( 1 ) (b) of Regulation          originally constituted the accession compensatory
(EEC) No 2771/75, applicable in trade between the             amounts shall be granted or levied by that one of the
Community as originally constituted and the new              Member States in question in which the price level
Member States, and between those States and third             for the quantity of feed grain specified in Annex I to
countries, shall be derived from the accession               Regulation (EEC) No 2773/75 is the higher.
compensatory amount for eggs in shell, other than
eggs for hatching, with the help of the coefficients
expressing the ratio specified in Article 5 (2) of the
abovementioned Regulation.                                                            Article 7
                                                             1.     In trade between the new Member States and
                         Article 3                           third countries, the accession compensatory amounts
                                                              shall be deducted from the levies or refunds.
The accession compensatory amounts for the
products specified in Article 1 of Regulation (EEC)          2. If an accession compensatory amount is fixed
No 2783/75, applicable in trade between the                  for a given product and the refund is lower than that
Community as originally constituted and the new              accession compensatory amount or has not been
Member States, and between those States and third            fixed, then, when the product in question is exported
countries, shall be derived from the accession               to a third country, provision may be made for the
compensatory amount for eggs in shell, other than            new Member State in question to levy an amount
eggs for hatching, with the help of the coefficients         which shall not exceed the difference between the
specified in Article 2 ( 1 ) of the abovementioned           accession compensatory amount and the refund or, as
Regulation.                                                  the case may be, the compensatory amount.
 ---pagebreak--- No L 282/76                              Official Journal of the European Communities                                                    1 . 11 . 75
                           Article 8                                         3.     The amounts referred to in Article 4 shall be
                                                                             fixed by the Commission.
The accession compensatory amount applicable shall
be that in force on the day of importation or                                                               Article 10
exportation.
                                                                             1.     Council Regulation (EEC) No 237/73 (*) of 31
                           Article 9                                         January 1973 laying down general rules for the
                                                                             system of compensatory amounts for eggs, as
1.      Detailed rules for the granting, levying and                         amended by Regulation (EEC) No 2880/73 (2), is
recovery of the compensatory amounts shall be such                           hereby repealed.
as to prevent, in particular, deflection of trade and
shall be adopted in accordance with the procedure                            2. References to the Regulation repealed by
laid down in Article 17 of Regulation (EEC)                                  paragraph 1 shall be construed as references to this
No 2771 /75 .                                                                Regulation.
2. Detailed rules for the application of this
Regulation and in particular the accession                                                                   Article 11
compensatory amounts other than those fixed in
Article 1 ( 1 ) shall be drawn up according to the same                      This Regulation shall enter into force on 1 November
procedure.                                                                   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 . 9 .
                                                                             H OJ No L 297, 25 . 10. 1973 , p. 4.
                                                                     ANNEX
                                                                                                                      Trade with :
         CCT
                                                      Description                                                                        United
     heading No                                                                                       Denmark            Ireland
                                                                                                                                        Kingdom
          1                                                2                                                3               4                5
                                                                                                   u.a. / 100 pieces u.a./100 pieces u.a./100 pieces
        04.05          Birds' eggs and egg yolks, fresh, dried or otherwise pre­
                       served, sweetened or not:
                        A. Eggs in shell, fresh or preserved:
                           1 . Poultry eggs:
                               a) Eggs for hatching (a)                                               0-0830            0-4485          0-8829
                     Il                                                                              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 Communities are eligible for entry under
    this subheading.