CELEX: 31976R1435
Language: en
Date: 1976-06-21 00:00:00
Title: Council Regulation (EEC) No 1435/76 of 21 June 1976 laying down general rules for the system of accession compensatory amounts for rice and fixing these amounts for certain products

25 . 6 . 76                          Official Journal of the European Communities                         No L 166/47
                                    COUNCIL REGULATION (EEC) No 1435/76
                                                    of 21 June 1976
             laying down general rules for the system of accession compensatory amounts for rice
                                    arid fixing these amounts for certain products
THE COUNCIL OF THE EUROPEAN COMMUNITIES .                       of rice processing (2), as last amended by Regulation
                                                                (EEC) No 1484/75 (8);
Having regard to the Treaty establishing the Euro­
pean Economic Community,                                        Whereas for the products listed in Article 1 ( 1 ) (c)
                                                                of Council Regulation (EEC) No 1418/76 of
Having regard to the Treaty of Accession (*), and               21 June 1976 on the common organization of the
in particular Articles 55 (6) and 62 ( 1 ) of the Act           market in rice (4), the compensatory amount must
                                                                be fixed with the aid of the coefficients used in
annexed thereto,
                                                                determining the variable component of the levy;
                                                                whereas these coefficients were fixed by Council
Having regard to the proposal from the Commission,              Regulation (EEC) No 2744/75 of 29 October 1975
                                                                on the import and export system for products pro­
                                                                cessed from cereals and from rice (5);
Whereas under Article 80 of the Act, compensatory
amounts for round grain and long grain husked rice
and for broken rice must be established on the
basis of the difference between the threshold price             Whereas, since the purpose of compensatory amounts
                                                                in intra-Community trade is to enable trade between
and the market prices recorded on the market of
the new Member State concerned during a reference               Member States having different price levels to be
                                                                carried on under satisfactory conditions, a com­
period;
                                                                pensatory amount should be levied on imports to a
                                                                Member State with a higher price level and, con­
Whereas the new Member States have until now                    versely, such an amount should be granted on
obtained their supplies at world market prices ;                exports to a Member State with a lower price level ;
whereas, these prices, which serve as a basis for
fixing the levies after adjustment for differences in
transport costs, should be used to establish for                Whereas it therefore follows from Article 55 ( 1 ) (a)
these new Member States a price comparable to the               of the Act, according to which compensatory amounts
threshold price and scarcely varying from one new               are levied by the importing Member State or granted
Member State to another; whereas compensatory                   by the exporting Member State, that it is for the
amounts for husked rice and broken rice should                  Member State with the higher price level to grant
therefore be fixed at an identical level for the three          or levy these amounts ;
new Member States ;
Whereas the rules in Article 80 (2) of the Act apply            Whereas Article 56 of the Act provides that appro­
to compensatory amounts other than those specified              priate measures may be taken with a view to ensuring
above ; whereas under that Article the compensatory             the proper functioning of the common organization
amounts for paddy rice, semi-milled rice and wholly             of the market when the world market price is
milled rice are to be determined by reference to                higher than the price used in calculating the import
the . compensatory amount for husked rice with the              charge introduced under the common agricultural
aid of the coefficients referred to in Commission               policy, less the compensatory amount; whereas the
Regulation No 467/67/EEC of 21 August 1967
fixing the conversion rates, the processing costs and
the value of the by-products for,, the various stages
                                                                (2)  OJ No 204, 24. 8. 1967, p. 1 .
                                                                 (3) OJ No L 150, 11 . 6. 1975 , p. 7.
                                                                (')  See page 1 of this Official Journal.
 (x) OJ No L 73, 27. 3. 1972, p. 5.                              (5) OJ No L 281 , 1 . 11 . 1975, p. 65.
 ---pagebreak--- No L 166/48                           Official Journal of the European Communities                              25 . 6 . 76
measures aforesaid may in particular provide for                 Long grain husked rice : 114-5 units of account per
the limited levying or granting of compensatory                  metric ton ;
amounts depending on the fluctuations of prices on
the world market ; whereas rules for such limitation             Broken rice : 45-5 units of account per metric ton.
must therefore be laid down ; whereas, moreover,
the limitation should be reflected to the same extent
in the compensatory amounts applicable to products                                        Article 2
processed from rice ;
                                                                 The compensatory amounts applicable to paddy rice,
                                                                 semi-milled rice, wholly milled rice and products
Whereas it should be made clear that the application             listed in Article 1 ( 1 ) (c) of Regulation ( EEC ) No
of Article 55 ( 1 ) (b ) of the Act involves deduction of         1418/76 shall be fixed with the aid of the coefficients
the compensatory amount from the import levy or                  given in Regulation No467/67/EEC and in Regulation
export refund ;                                                  (EEC) No 2744/75 .
                                                                                          Article 3
Whereas it is necessary to provide for the possible
introduction, should the need arise, of arrangements             In trade between the new Member States and the
for the advance fixing of the compensatory amount ;              Community as originally constituted, compensatory
                                                                 amounts shall be levied or granted by that one of
                                                                 the two Member States in question whose price level
Whereas appropriate measures must be taken to avoid              used in determining the compensatory amounts is the
deflection of trade where, in trade between a new                higher. In trade between new Member States and
Member State and third countries, the compensatory               third countries, the compensatory amounts shall be
amount is to be deducted from the refund and the                 deducted from the import levy or export refund.
latter is lower than the compensatory amount or is
not fixed at all ;
                                                                                          Article 4
                                                                 1 . The applicable compensatory amount shall be
Whereas the detailed rules for levying and granting              that in force on the day of importation or expor­
compensatory amounts should be such as to avoid                  tation .
deflections of trade caused, in particular, by differ­
ences in their levels ;
                                                                 2. However, should the need arise, a decision may
                                                                 be taken, in accordance with the procedure referred
                                                                 to in Article 7 ( 1 ), to introduce arrangements for
Whereas for the sake of clarity the Commission                   the advance fixing of the compensatory amount.
should be authorized to publish the compensatory
amounts fixed by the Council in the Annex setting
out those fixed by the Commission,                                                        Article 5
                                                                 1 . If the import levy for any product referred to
                                                                 in Article 1 is lower than the compensatory amount
HAS ADOPTED THIS REGULATION :
                                                                 fixed for that product, the Commission shall , by
                                                                 applying the scale set out in the Annex hereto,
                                                                 determine the amount applicable by way of com­
                                                                 pensatory amount in trade between the Community
                                                                 as originally constituted and the new Member States,
                           Article 1                             and between those States and third countries.
The compensatory amounts applicable until 31                     However, where the amount of the import levy lies
August 1973 to trade between the Community as                    within the range of values which includes the com­
originally constituted and the new Member States                 pensatory amount fixed in Article 1 , that com­
and between the new Member States and third                      pensatory amount shall continue to apply.
countries shall, for the following products, be as
follows :
                                                                 2. For paddy rice, semi-milled or wholly milled
                                                                 rice the amount applicable by way of compensatory
Round grain husked rice : 99 units of account per                amount shall be determined by the Commission
metric ton ;                                                     with the aid of the coefficients given in Regulation
 ---pagebreak--- 25 . 6 . 76                             Official Journal of the European Communities                             No L 166/49
No 467/67/EEC and by reference to the variations                     (c) detailed rules for granting, levying and recovering
in the amount or amounts as determined in accord­                        compensatory amounts in such a way as to avoid
ance with paragraph 1 for husked rice.                                   deflections of trade and distortion of competition ;
3. For the products listed in Article 1 (c) of Regu­
lation (EEC) No 1418/76, the amount applicable by                    (d) other detailed rules for the application of this
way of compensatory amount shall be determined                           Regulation.
by the Commission by reference to the variations
in the amount or amounts as determined in accord­
ance with paragraph 1 for the relevant basic pro­                    2. The Cofnmission is hereby authorized to publish
ducts .
                                                                     the compensatory amounts together with the com­
                                                                     pensatory amounts fixed in Article 1 .
                           Article 6
Where, for a given product, a compensatory amount
has been fixed and the export refund is lower than                                             Article 8
that compensatory amount, or has not been fixed,
then, when the product in question is exported to                    1 . Council Regulation (EEC) No 243/73 of 31 De­
a third country, an amount not exceeding the
difference between the compensatory amount and                       cember 1973 laying down general rules for the
                                                                     system of compensatory amounts for rice and fixing
the refund, or, , as the case may be, not exceeding #                these amounts for certain products (*), as amended by
the compensatory amount, may be levied in the
new Member State in question.                                        Regulation ( EEC) No 1999/74 (2), is hereby repealed .
                           Article 7
                                                                     2. References to the Regulation repealed by para­
 1 . The following shall be determined in accordance                 graph 1 shall be construed as references to this
with the procedure laid down in Article 27 of Regu­                  Regulation.
lation (EEC) No 1418/76 :
 (a) the compensatory amounts provided for in
      Article 2 ;                                                                              Article 9
 ( b) the compensatory amounts provided for in
      Article 1 for subsequent marketing years ;                     This Regulation shall enter into force on 1 July 1976.
                  This Regulation shall be binding in its entirety and directly applicable in all Member States.
                  Done at Luxembourg, 21 June 1976.
                                           a
                                                                                             For the Council
                                                                                               The President
                                                                                               J. HAM1LIUS
                                                                     (x) OJ No L 29, 1 . 2. 1973 , p. 26.
                                                                     (2) OJ No L 209, 31 . 7. 1974, p. 5.
 ---pagebreak--- No L 166/50     Official Journal of the European Communities            25 . 6. 76
                                          ANNEX
                                                  Amount applicable
                        Amount of the            by way of accession
                          import levy           compensatory amount
                       (u.a./ metric ton)          (u.a. / metric ton )
            from 168 to 162-01                              165
            from 1&2 to 156*01                              159
            from 156 to 150-01                              153
            from 150 to 144-01                              147
            from 144 to 138-01                              141
            from 138 to 132-01                              135
            from 132 to 126-01                              129
            from 126 to 120-01                              123
            from 120 to 114-01                              117
            from 114 to 108-01                              111
            from 108 to 102-01                              105
            from 102 to 96-01                                99
            from 96 to 90-01                                 93
            from 90 to 84-01                                 87
            from 84 to 78-01                                 81
            from 78 to 72-01                                 75
            from 72 to 66-01                                 69
            from 66 to 60-01                                 63
             from 60 to 54-01                                57
            from 54 to 48-01                                 51
             from 48 to 42-01                                45
             from 42 to 36-01                                39
             from 36 to 30-01                                33
             from 30 to 24-01                                27
             from 24 to       18-01                          21
             from   18 to     12-01                           15
             from 12 to        6-01                            9
             from    6 to      0-01                            3 .
                     0                                         0