CELEX: 31973R0234
Language: en
Date: 1973-01-31 00:00:00
Title: Regulation (EEC) No 234/73 of the Council of 31 January 1973 laying down general rules for the system of compensatory amounts for pigmeat

1. 2 . 73                           Official Journal of the European Communities                           No L 29 / 1
                                                            I
                                          (Acts whose publication is obligatory)
                                REGULATION (EEC) No 234/73 OF THE COUNCIL
                                                   of 31 January 1973
                laying down general rules for the system of compensatory amounts for 'pigmeat
THE COUNCIL OF THE EUROPEAN                                     ( EEC) No 229/73 (3) of 31 January 1973 laying
COMMUNITIES,                                                    down general rules for the system of compensatory
                                                                amounts for cereals ;
Having regard to the Treaty establishing the Euro­
pean Economic Community ;                                       Whereas the economic situation of pig production
                                                                in the new Member States should also be taken into
                                                                account ;
Having regard to the Treaty concerning the Acces­
sion of new Member States to the European Econo­
mic Community and the European Atomic Energy                    Whereas the compensatory amount for the other
Community ^), signed at Brussels on 22 January 1972,            products specified in Council Regulation No 121 /
and in particular Article 62 ( 1 ) of the Act annexed           67/ EEC ( 4) of 13 June 1967 on the common organi­
thereto ;                                                       zation of the market in pigmeat, as last amended by
                                                                the Act must be derived from the compensatory
                                                                amount for pig carcases with the help of the co­
Having regard to the proposal from the Commission;              efficients used in calculating the levy ;
Whereas pursuant to Article 55 of the Act the dif­              Whereas the compensatory amounts for cereals are
ferences in price levels for agricultural products bet­         applicable until 31 July 1973 ; whereas the same
ween the Community as originally constituted and                period of applicability should therefore be provided
the new Member States are to be compensated by                  for in respect of pigmeat ;
the levying or granting of compensatory amounts
applicable in trade between them, and between the
new Member States and third countries ; whereas                 Whereas provision should be made for a period of
such compensatory amount for pigmeat must be                    adjustment in order to prevent excessive price changes
calculated in accordance with Article 75 of the Act;            in the new Member States at the beginning of the
                                                                period of transition ;
Whereas the compensatory amount per kilogramme
of pig carcase must be calculated on the basis of               Whereas under Article 7 of Regulation (EEC)
the compensatory amount applicable to the quantity              No 229/73 the charging or granting of compensatory
of feed grain required for the production of 1 kilo­            amounts for cereals may be limited in order to deal
gramme of pigmeat in the Community; whereas this                with the situation referred to in Article 56 of the
quantity of feed grain was fixed in Article 1 of                Act ; whereas such limitation must be taken into
Council Regulation No 133/67/EEC (2) of 13 June                 account for pigmeat products, inasmuch as they are
1967 laying down general rules for calculating a                derived from cereals, if the proper functioning of the
component of the levy applicable to pig carcases;               common organization of the markets is to be as­
                                                                sured ; whereas lard, which is subject to particular
                                                                market conditions in certain new Member States,
Whereas the compensatory amounts for feed grain                 should furthermore be exempt from this limitation
were fixed in accordance with Council Regulation                of compensatory amounts ;
(*) OJ No L 73, 27. 3. 1972, p. 5 .                              (s) OJ No L 27, 1 . 2. 1973, p. 25 .
(») OJ No 120, 26. 6. 1967, p. 2366/67.                          («) OJ No 117, 19. 6. 1967, p. 2283/67.
 ---pagebreak---  No L 29 /2                          Official Journal of the European Communities                              1 . 2. 73
 Whereas since the aim of the compensatory amounts                                      Article 2
 in intra-Community trade is to provide satisfactory
 conditions for the movement of products between               The compensatory amounts for the products speci­
 two Member States with different price levels, a              fied in Article 1 ( 1 ) of Regulation No 121 /67/EEC
 compensatory amount must be levied for imports                other than pig carcases, applicable in trade between
 into a Member State having a higher price level for           the Community as originally constituted and the
 feed grain, and, conversely, must be granted for              new Member States, and between those States and
 exports to a Member State having a lower price                third countries, shall be derived from the compen­
 level for feed grain;                                         satory amount applicable to pig carcases with the
                                                               aid of the co-efficients expressing the ratio referred
                                                                to in Article 10 ( 1 ) and (2 ) (a) of the Regulation
 Whereas, consequently, Article 55 ( 1) (a) of the Act,         aforesaid.
 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                                         Article 3
 levying or granting these amounts falls to the
 Member State having the higher price level for feed
                                                                1.    If Article 7 of Regulation (EEC) No 229/ 73 is
 grain ;
                                                                applied for one or more days in a month, the amount
                                                               applicable the following month as compensatory
 Whereas rules must be laid down for the levying               amount for the products referred to in Articles 1
 and granting of compensatory amounts in such a                and 2 shall be determined each month by reference
 way as to avoid deflection of trade;                          to the average of the amount determined during the
                                                               first 25 days of the previous month for the cereals
                                                               included in the quantity of feed grain referred to in
                                                               Article 1 of Regulation No 133 /67/ EEC.
 HAS ADOPTED THIS REGULATION :                                 However, if the amount varies by less than 5 °/o from
                                                               the amount determined for the previous month, it
                                                               shall remain unaltered .
                         Article 1                             2. The amounts applicable during February 1973
                                                               shall be equal to the compensatory amounts fixed in
                                                               accordance with Articles 1 and 2, less the difference
  1 . The compensatory amounts for domestic pig­               between those compensatory amounts and those cal­
  meat, in the form of carcases or half-carcases, with         culated by reference to the average of the levies
 or without heads, feet or flare fat, referred to under        operative during the first 25 days of January 1973
 02.01 A III (a) 1 of the Common Customs Tariff,               for the cereals in question .
and hereinafter designated 'pig carcases', applicable
 until 31 July 1973 in trade between the Community             3 . The provisions of paragraphs 1 and 2 are not
 as originally constituted and the new Member States,          applicable to the compensatory amount for products
 and between those States and third countries, shall           falling under heading No 15.01 A of the Common
 be as shown below :                                           Customs Tariff.
                                      u.a./100 kg                                       Article 4
                          February/      April/     June/
                          March 1973   May 1973   July 1973    The compensatory amounts applicable in trade bet­
                                                               ween two new Member States shall be equal to the
 Denmark                     206          1·79       1·36      difference between the compensatory amounts appli­
 Ireland                     8·50         7·36       5·60      cable in trade between each of those States and the
 United Kingdom             20·21        17·50      13·30      Community as originally constituted.
                                                                                        Article 5
 2.    The compensatory amounts applicable from
 1 August 1973 shall be calculated on the basis of             In trade between the new Member States and between
 the amounts referred to in paragraph 1 for the                those States and the Community as originally con­
 months of June and July by reference to the varia­            stituted the compensatory amounts shall be granted
 tion in the compensatory amounts applicable for               or levied by whichever Member State has the higher
the quantity of feed grains required to produce one            price level for the quantity of feed grain specified in
kilogramme of pigmeat in the Community.                        Article 1 of Regulation No 133 /67/EEC.
 ---pagebreak---   1.2 . 73                          Official Journal of the European Communities                              No L 29/ 3
                         Article 6                                                     Article 8
 1.      In trade between the new Member States and              1.    Detailed rules for the granting, levying and
 third countries, the* compensatory amounts shall be            recovery of the compensatory amounts shall be
 deducted from the levies or refunds .                          such as to prevent, in particular, deflection of trade
                                                                 and shall be adopted in accordance with the proce­
 2. If a compensatory amount is fixed for a given                dure laid down in Article 24 of Regulation No
product and the refund is lower than that compen­                121 /67/ EEC.
satory amount or has not been fixed, then , when
the product in question is exported to a third country,         2. Detailed rules for the application of this Regu­
provision may be made for a levy in the new Member              lation and in particular the compensatory amounts,
State in question which shall not exceed the difference         other than those fixed in Article 1(1 ) shall be drawn
between the compensatory amount and the refund                  up by the same procedure.
or, as the case may be, to the compensatory amount.             3.     The amounts referred to in Article 3 shall be
                                                                determined by the Commission .
                                                                                       Article 9
                         Article 7
                                                                This Regulation shall enter into force on the day of
The compensatory amount applicable shall be that                its publication in the Official Journal of the Euro­
in force on the day of importation or exportation.              peart 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