CELEX: 31974R1071
Language: en
Date: 1974-04-30 00:00:00
Title: Regulation (EEC) No 1071/74 of the Commission of 30 April 1974 on fixation of additional amounts and stating the reasons for monetary compensatory amounts for certain pigmeat products

No L 120 / 12                                 Official Journal of the European Communities                                1 . 5 . 74
                                 REGULATION (EEC) No 1071 /74 OF THE COMMISSION
                                                             of 30 April 1974
                on fixation of additional amounts and stating the reasons for monetary compen­
                                            satory amounts for certain pigmeat products
THE COMMISSION OF THE EUROPEAN                                           Whereas Regulation No 202/67/ EEC provides certain
COMMUNITIES,                                                             detailed rules, especially as concerns the constation of
Having regard to the Treaty establishing the European                    the free-at-frontier offers for those products ; Whereas
Economic Community ;                                                     according to the information given to the Commis­
                                                                         sion the offers from third countries at which consta­
Having regard to Council Regulation No 121 /                             tion, as well as the prices indicated in tariff papers as
67/ EEC (') of 13 June 1967 on the common organiza­                      also all other indications of the prices constated in
tion of the market in pigmeat, as last amended by                        third countries, was taken into account, in such a way
Regulation ( EEC) No 1 652/73 (2) and in particular                      that the additional amounts for these products should
Article 13 (5) thereof ;                                                 be fixed at the level indicated in the Annex ;
Having regard to Council Regulation No 974/
71 / EEC (3) of 12 May 1971 on certain measures of                       Whereas, according to Article 1 of Regulation No
conjunctural policy to be taken in agriculture                            12/65/EEC (9) and Regulation (EEC) No 564/64(10),
following the temporary widening of the margins of                       No 998 / 68 (••), No 2260 / 69 (> 2), and No 1570/71 (»),
fluctuation     for   the      currencies       of certain  Member
                                                                         the levy for certain products mentioned in the Regula­
States, as last amended by Regulation (EEC) No                           tions with origin in the Federal Republic of Austria,
3450/73 (4) and in particular Article 6(1 ) thereof ;                    the People's Republic of Poland, the Hungarian
Whereas if, for a given product, the free-at-frontier                    People's Republic, the Socialist Republic of Romania,
offer price (hereinafter called the 'offer price') falls                 and the People's Republic of Bulgaria should not be
below the sluice-gate price, the levy applicable to that                 increased by an additional amount ;
product must be increased by an additional amount
equal to the difference between the sluice-gate price                    Whereas it is provided for in Article 4a (2) of Regula­
and the offer price determined in accordance with                        tion (EEC) No 974/71 that the compensatory amounts
Article 1 of Commission Regulation No 202/                               granted because of a lower value of a currency should
67/ EEC (5 ) of 28 June 1967 on fixing the additional                     surpass the import charge .
amount for imports of pigmeat products from third
countries, as last amended by Regulation No 614/                         Whereas inclusion of the additional amount in the
 67/EEC (6) ;                                                             'import charge', would neutralize the effect of this
Whereas the offer price must be determined for all                        amount, whereas this would also lead to a different
 imports from all third countries ; whereas, however, if                  import charge, depending upon whether the products
 exports from one or more third countries are effected                    came from a third country, which has adopted the
 at abnormally low prices, lower than prices ruling for                   guarantee to respect the sluice-gate price, or not.
 other third countries, a second offer price must be
 determined for exports from these other countries ;
                                                                          Whereas this would lead to the consequence that
 Whereas the regular review of the information serving                    imports from such third countries, for which no addi­
 as a basis for the determination of average offer prices                 tional amount is fixed, because they respect the sluice­
 for the products listed in Article 1 ( 1 ) of Regulation                 gate price, would be submitted to the same effective
 121 / 67 / EEC indicates that additional amounts shown
                                                                          import charge as all other third countries.
 in the Annex specified according to product and
 country of origin should be fixed at the level there
 indicated ;                                                              Whereas such an application would make a mean­
                                                                           ingful management of the import provisions in rela­
 Whereas in Council Regulation No 137/67/ EEC (7) of                       tion to third countries impossible, and might lead to
  13 June 1967, as last amended by Regulation (EEC)                       distortions as well as of the trade with third countries
 No 3158 /73 (8), the general rules for fixation of addi­                  as of the intracommunity trade and to other distur­
 tional amounts for those products are laid down , for                     bances of the market .
 which no sluice-gate price is fixed ;
                                                                          Whereas it is therefore appropriate in the sense of the
 (')  OJ No   117, 19 . 6 .  1967, p . 2283/67.
 (2 ) OJ No   L 166, 23 .    6 . 1973 , p . 1 .                            provision mentioned by ' import charge' only to under­
 (3 ) OJ No   L 106, 12.     5 . 1971 , p. 1 .
 (4 ) OJ No   L 353 , 22.    12. 1973, p . 25.                            (9) OJ No 155, 18 . 9 . 1965, p. 2560/65.
 (5)  OJ No   134, 30 . 6 .   1967, p . 2837/67.                          ( 10) OJ No L 107, 8 . 5 . 1968 , p . 6 .
 (6)  OJ No   231 , 27 . 9 .  1967, p . 6 .                                (") OJ No L 170 , 19 . 7 . 1968 , p . 14 .
 ( 7) OJ No   122, 22 . 6 .   1967, p . 2395/67 .                          ( 12 ) OJ No L 286, 14. 11 . 1969 , p . 22.
 (8)  OJ No   L 322, 23.     11 . 1973, p. 1 .                             ( 13) OJ No L 165, 23 . 7. 1971 , p. 23 .
 ---pagebreak---   . 5 . 74                      Official Journal of the European Communities                          No L 120 / 13
stand the amount of the levy, and therefore to limit        Annex concerning the products mentioned in Article
the compensatory amount granted on pigmeat caused           1 ( 1 ) of that Regulation and mentioned in that Annex .
by a lower value of a currency to this amount ;
Whereas the Management Committee for pigmeat has                                       Article 2
not delivered an opinion within the time-limit set by
its Chairman ,                                              The compensatory amount granted because of a lower
                                                            value of a currency cannot exceed the amount of levy
                                                            fixed according to the provisions of Articles 9 and 10
HAS ADOPTED THIS REGULATION :
                                                            of Regulation No 121 / 67/ EEC .
                      Article 1
                                                                                       Article 3
The additional amounts provided for in Article 13 of
Regulation No 121 /67/EEC, are fixed as shown in the        This Regulation shall enter into force on 1 May 1974.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 30 April 1974.
                                                                         For the Commission
                                                                            The President
                                                                       François-Xavier ORTOLI
 ---pagebreak--- No L 120/ 14                               Official Journal of the European Communities                                1 . 5 . 74
                                                                    ANNEX
             Supplementary amounts for specified products in Article 1 ( 1 ) of Regulation No 121/67/EEC (')
      CCT                                                                         Supplementary
    heading                                    Description of goods                  amount           Description of imports
      No                                                                           u.a. / 100 kg
                                                                                                                    \
01.03           Live swine :                                                                     All origins
                A. Domestic species :
                    II . Other :
                          a) Sows having farrowed at least once, of a weight
                                of not less than 160 kg                               3.30
                           b ) Other                                                  3.80       with   the    exception       of :
                                                                                                 Austria , Poland, Romania
                                                                                                 and Bulgaria
02.01           Meat and edible offals of the animals falling within
                heading No 01.01 , 01.02 , 01.03 or 01.04, fresh , chilled
                or frozen
                A. Meat :
                    III . Of swine :
                            a ) Of domestic swine :
                                 1 . Carcases or half-carcases with or without
                                     heads, feet or flare fat                         5.00       with the exception of :
                                                                                                 Poland, Hungary, Romania,
                                                                                                 Bulgaria and Austria
                                 2. Hams and cuts of hams, unboned ( bone-in )        7.80       with the exception of :
                                                                                                 Hungary and Bulgaria
                                3. Shoulders and cuts of shoulders , unboned
                                     (bone-in )                                       6.10       with the exception of :
                                                                                                 Hungary and Bulgaria
                                4 . Loins and cuts of loins , unboned ( bone-in )     8.10       with the exception of :
                                                                                                 Hungary and Bulgaria
                                5 . Bellies (streaky ) and cuts of bellies            4.40
                                6 . Other :
                                     aa ) Boned or boneless and frozen                8.10
                                     bb ) Other                                       8.10
02.05           Pig fat free of lean meat and poultry fat ( not rendered
                or solvent-extracted), fresh, chilled, frozen , salted , in
                brine, dried or smoked :
                A. back-fat :
                      I. Fresh , chilled , frozen , salted or in brine               10.00
                    II . Dried or smoked                                             10.00
02.06           Meat and edible meat offals (except poultry liver),
                salted , in brine , dried or smoked :
                B. Meat and edible meat offals of domestic swine :
                    I. Meat :
                         a ) Salted or in brine :
                              1 . Carcases or half-carcases, with or without
                                    heads , feet or flare fat                         5.00
 ---pagebreak--- 1 . 5 . 74                                  Official Journal of the European Communities                            No L 120/15
       CCT                                                                                Supplementary
     heading                                     Description of goods                        amount      Description of imports
        No                                                                                 u.a. / 100 kg
02.06                            2 . Bacon sides , spencers, 3/4 sides and middles :
(cont'd)                              aa ) Bacon sides                                        5.00
                                      bb ) Spencers                                            5.00
                                      cc) 3/4 sides and middles                                5.00
                                  3 . Hams and cuts of hams, unboned ( bone-in )               7.80
                                  4. Shoulders and cuts of shoulders , unboned
                                       (bone-in )                                              6.10
                                 5 . Loins and cuts of loins , unboned ( bone-in )             8.10
                                 6. Bellies (streaky) and cuts of bellies                      4.40
                                 7 . Other                                                     8.10
(') The specification of the products results from Annex II to Regulation No 137/67/EEC .