CELEX: 31975R2757
Language: en
Date: 1975-10-29 00:00:00
Title: Regulation (EEC) No 2757/75 of the Council of 29 October 1975 laying down general rules for the system of accession compensatory amounts for cereals

No L 281 / 104                      Official Journal of the European Communities                               1 . 11.75
                                    REGULATION (EEC) No 2757/75 OF THE COUNCIL
                                                     of 29 October 1975
                laying down general rules for the system of accession compensatory amounts for
                                                            cereals
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         Whereas it is necessary to provide for the possible
                                                                   introduction, should the necessity arise, of a system
                                                                   of rules for advance fixing of the compensatory
                                                                    amount .                                           1
  Having regard to the Treaty establishing the Euro­
  pean Economic Community ;
  Having regard to the Treaty (*) concerning the
  accession of new Member States to the European                   Whereas Article 55 (3 ) of the Act provides that the
 Economic Community and the European Atomic                        compensatory amounts applicable in trade between
  Energy Community, signed on 22 January 1972, and                 the new Member States shall be determined by direct
  in particular Articles 55 (6) and 62 ( 1 ) of the Act            reference to the compensatory amounts fixed for
  annexed thereto ;                                                each of those States ; whereas these provisions should
                                                                   be clarified by specifying that in each case the
                                                                   amount should be equal to the price difference
 Having regard to the proposal from the Commission ;               between the Member States in question used for
                                                                   determining the compensatory amounts applicable in
 Whereas Articles 51 and 52 of the Act provide that                trade with the Community as originally constituted ;
 the prices to be applied in the new Member States
 shall be fixed at a level different from that of the
 common prices ; whereas under Article 55 of the
 Act the differences in price levels are to be
                                                                  Whereas, in accordance with Article 74 (2) of the
 compensated by a system of compensatory amounts ;
                                                                  Act, the compensatory amounts for products covered
                                                                  by Council Regulation (EEC) No 2727/75 (2) of
 Whereas, pursuant to Article 73 of the Act, Articles             29 October 1975 on the common organization of the
 51 and 52 of the Act apply to the derived intervention           market in cereals, are derived from the compensatory
 prices for cereals ;                                             amount for the cereals to which they relate with the
                                                                  aid of the coefficients or rules used in determining
                                                                  the levy, or the variable component of the levy, on
Whereas the compensatory amounts fixed for the                    these products ; whereas the coefficients in question
products in question and applicable in trade between              were determined in Council Regulation (EEC)
 the Community as originally constituted and the new              No 2743/75 (3) of 29 October 1975 on the system to
 Member States, and between the new Member States                 be applied to cereal-based compound feedingstuffs,
 and third countries, are equal to the difference                 in Council Regulation (EEC) No 2744/75 (4) of
 between the prices fixed for the new Member State                29 October 1975 on the import and export system
 in question and the common prices;                               for products processed from cereals and from rice,
                                                                  and in Council Regulation (EEC) No 2734/75 (5) of
Whereas the rules for determining the level of                    29 October 1975 fixing the standard qualities for
compensatory amounts for other cereals must, in the               certain cereals and categories of flour, groats and
light of Article 74 ( 1 ) of the Act, be so drawn up as           meal and the rules for fixing the threshold prices of
to achieve a progressive alignment on the price ratio             these categories of products ; whereas it is, however,
 in the Community­                                                necessary to specify that they are applicable in certain
                                                                  cases ;
Whereas it should be made clear that the application
of Article 55 ( 1 ) (b) of the Act involves deduction of
the compensatory amount from the import levy or
export refund ;                                                   (2) See page 1 of this Official Journal.
                                                                  (3) See page 60 of this Official Journal.
                                                                  (4) See page 65 of this Official Journal.
(!) OJ No L 73 , 27. 3 . 1972, p. 5 .                             (5) See page 34 of this Official Journal.
 ---pagebreak--- 1 . 11.75                           Official Journal of the European Communities                                       No L 281 / 105
Whereas, since the purpose of compensatory                       Whereas appropriate measures must be taken to
amounts in intra-Community trade is to promote the                avoid deflection of trade where, in trade between
satisfactory circulation of products between Member              a new Member State and third countries, the
States with different price levels, a compensatory               compensatory amount is to be deducted from the
amount should be levied on imports to a Member                   export refund or where that refund, if fixed at all,
State with a higher price level, and conversely, such             is lower than the compensatory amount;
an amount should be granted on exports to
a Member State with a lower price level ;
                                                                 Whereas detailed rules for levying and granting
                                                                 compensatory amounts should be such as to avoid
Whereas, therefore, it follows from Article 55 ( 1 ) (a)          deflections in trade caused, in particular, by differ­
of the Act, according to which compensatory                       ences in their levels ;
amounts are levied by the importing Member State
or granted by the exporting Member State, that it is
for the Member State with the highest price level to             Whereas for the sake of clarity the Commission
grant or levy these amounts ;                                     should be authorized to publish the compensatory
                                                                  amounts fixed by the Council in the Annex listing
Whereas Article 56 of the Act provides that                       those fixed by the Commission,
appropriate measures may be taken with a view to
ensuring the proper functioning of the common
organization of markets if the world market price
is higher than the price used in calculating the import           HAS ADOPTED THIS REGULATION :
charge introduced under the common agricultural
policy, less the compensatory amount; whereas the                                              Article 1
measures aforesaid may in particular provide for the
limited charge or grant of compensatory amounts,
depending on the fluctuations in prices on the world              The compensatory amounts applicable until 31 July
market; whereas the terms on which these are to be                1976 in trade between the Community as originally
limited must be fixed ; whereas the limitation should             constituted and the new Member States, and between
be reflected equally in the compensatory amounts                  the new Member States and third countries, shall,
applicable to products processed from cereals ;                   for the following products, be as follows :
             I                                                                   Trade with
                                                              Denmark              Ireland                 United
                                                           u.a./metric ton     u.a./metric ton          Kingdom
                                                                                                     u.a. / metric ton
              Common wheat                                      6-00                4-50                   26-62
             Barley                                             5-15                8-80                   25-08
                                                         Article 2
              1 . The compensatory amounts applicable until 31 July 1976 in trade between the
              Community as originally constituted and the new Member States, and between the
              new Member States and third countries shall be calculated by applying the following
              coefficients to the compensatory amounts for the reference cereals :
 ---pagebreak--- No L 281 / 106                        Official Journal of the European Communities                                     1 . 11 . 75
                                                                                  Coefficients applicable in
                                                                                         trade with
                                                         Reference
                 Compensatory amounts for                  cereal
                                                                                                              United
                                                                          Denmark          Ireland
                                                                                                             Kingdom
              Durum wheat                              Common
                                                       wheat               1-266           2-126              1-456
              Rye                                      Barley               —
                                                                                            1-097             1-168
              Oats                                     Barley              0-960           0-953              0-902
              Maize                                    Barley               —
                                                                                            1-269             0-931
              Millet                                   Barley               —
                                                                                           0-966              0-925
              Grain sorghum                            Barley               —
                                                                                            1-329             0-930
2. For subsequent calculations, the difference in the              — the difference between the amounts applicable in
price ratio between the reference cereal and each of                    trade between each of these new Member States
the cereals in question in the new Member States on                     and the Community as originally constituted in
the one hand and the Community as originally                            other cases.
constituted on the other shall be gradually eliminated
at the rate specified in Article 52 (2) of the Act.
                                                                                                Article 4
The price levels on which the calculation is based
shall, for each new Member State, be that resulting
from the application of the compensatory amount for                The compensatory amounts applicable to the
the preceding marketing year and, for the Com­                     products specified in Article 1 (c) and (d) of Regu­
munity, that used for fixing the threshold prices for              lation (EEC) No 2727/75 shall be determined with the
the new marketing year.                                            aid of the coefficients given in Regulations (EEC)
                                                                   No 2743/75, (EEC) No 2744/75 and (EEC) No 2734/
3 . The compensatory amount for common wheat                       75 .
rendered unfit for human consumption by denaturing
as specified in Article 7 of Regulation (EEC) No
2727/75 shall be that applicable to barley.                                                     Article 5
No compensatory amount shall be fixed for
                                                                   In trade between new Member States and between
products :
                                                                   those States and the Community as originally
(a) falling within subheadings 10.07 A and D of the                constituted, the compensatory amounts shall be
    Common Customs Tariff;                                         levied or granted by that one of the two Member
                                                                   States in question whose price level used in
(b) falling within heading No 10.02 and subheadings                determining the compensatory amounts is the higher.
    10.05 B and 10.07 B and C of the Common
    Customs Tariff in trade between the Community                  In trade between new Member States                and third
    as originally constituted and Denmark.                         countries, the compensatory amounts shall be
                                                                   deducted from the import levy or export refund.
                        Article 3
                                                                                                Article 6
The compensatory amounts applicable in trade
between two new Member States shall be equal to :                  1 . The compensatory amount applicable shall be
                                                                   that ruling on the day of importation or exportation.
— the compensatory amounts applicable in trade
    with the Community as originally constituted                   2. However, should the necessity arise, the decision
    where there is no compensatory amount fixed in                 may be made, in accordance with the procedure
    trade between the Community and one of the                     referred to in Article 9 ( 1 ), to institute a system of
    Member States in question,                                     advance fixing of the compensatory amount.
 ---pagebreak---  1 . 11.75                          Official Journal of the European Communities                           No L 281 /107
                        Article 7                               the product in question is exported to a third
                                                                country, an amount not exceeding the difference
 1 . If for any product referred to in Article 1 or             between the compensatory amount and the refund
 Article 2 ( 1 ) the import levy is lower than the              or, as the case may be, not exceeding the
 compensatory amount fixed for that product or                  compensatory amount may be levied in the new
 calculated in respect thereof by applying Article 2,           Member State in question.
 the Commission shall apply the scale set out in the
 Annex to determine the amount applicable by way of
 compensatory amount in trade between the
                                                                                         Article 9
 Community as originally constituted and the new
 Member States and between those States and third
 countries .                                                    Detailed rules for granting, levying and recovering
                                                                compensatory amounts shall be such as to avoid
Where, however, the amount         of import levy lies          possible deflections of trade and distortions of
 within the range of values       which includes the            competition, and adopted in accordance with the
 compensatory amount fixed in     Article 1 or resulting        procedure laid down in Article 26 of Regulation
from the application of Article   2, that compensatory          (EEC) No 2727/75 .
 amount shall continue to apply.
                                                                Detailed rules for the application of this Regulation,
2. For the products referred to in Article 1 (c) of             and in particular the compensatory amounts other
 Regulation (EEC) No 2727/75 the amount applicable              than those determined in Article 1 , shall be adopted
by way of compensatory amount shall be determined               by the same procedure.
by the Commission in accordance with the terms and
on the conditions set out in the foregoing paragraph,           The Commission shall be authorized to 'publish the
the amount to be taken for purposes of import levy             compensatory amounts together with those fixed
being in this case the levy chargeable in respect of           in Articles 1 and 2 (3 ).
the product in question reduced by the amount
representing the component for protection of the
processing industry referred to in Regulation (EEC)                                     Article 10
No 2734/75 .
                                                                1 . Council Regulation (EEC ) No 229/73 (*) of
3. For the products referred to in Article 1 (d) of            31 January 1973 laying down general rules for the
Regulation (EEC) No 2727/75 the amount applicable              system of compensatory amounts for cereals and
by way of compensatory amount shall be determined              fixing these for certain products, as last amended
by the Commission by reference to the variations in            by Regulation (EEC) No 1602/75 (2), is hereby
the amount or amounts determined under para­                   repealed.
graph 1 for the basic cereals concerned.
                                                               2. References to the Regulation repealed by virtue
4. The provisions of Article 3 shall apply to                  of paragraph 1 shall be construed as references to
determination of these amounts in respect of trade             this Regulation.
between two new Member States .
                        Article 8
                                                                                        Article 11
Where, for a given product, a compensatory amount
is fixed and the export refund, if fixed at all, is            This    Regulation      shall    enter into   force    on
lower than the compensatory amount, then, when                  1 November 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 27, 1 . 2. 1973, p. 25.
                                                               (2) OJ No L 164, 27. 6. 1975, p. 2.
 ---pagebreak--- No L 281 / 108                   Official Journal of the European Communities                        1 . 11.75
                                                     ANNEX
               Amount of Community import levy                Amounts applicable by way of accession
                       (u.a . /metric ton)                              compensatory amount
                                                                          ( u.a. /metric ton)
                from 100-00 to 96-01                                              98-00
                from    96-00 to 92-01                                            94-00
                from    92-00 to 88-01                                            90-00
                from    88-00 to 84-01                                            86-00
                from    84-00 to 80-01                                            82-00
                from    80-00 to 76.01                                            78-00
                from    76-00 to 72-01                                            74-00
                from    72-00 to 68-01                                            70-00
                from    68-00 to 64-01                                            66-00
                from    64-00 to 60-01                                            62-00
                from    60-00 to 56-01                                            58-00
                from    56-00 to 52-01                                            54-00
                from    52-00 to 48-01                                            50-00
                from    48-00 to 44-01                                            46-00
                from    44-00 to 40-01                                            42-00
                from 40-00 to , 36-01                                             38-00
                from    36-00 to 32-01                                            34-00
                from    32-00 to 28-01                                            30-00
                from    28-00 to 24-01                                            26-00
                from    24-00 to 20-01                                            22-00
                from    20-00 to 16-01                                            18-00
                from    16-00 to 12-01                                            14-00
                from    12-00 to       8-01                                       10-00
                from     8-00 to       4-01                                        6-00
                from     4-00 to       0-01                                        2-00
                         0                                                         0