CELEX: 31973R0235
Language: en
Date: 1973-01-31 00:00:00
Title: Regulation (EEC) No 235/73 of the Council of 31 January 1973 laying down the general rules of the system of compensatory amounts for poultrymeat

No L 29/4                            Official Journal of the European Communities                                   1 . 2 . 73
                                REGULATION (EEC) No 235/73 OF THE COUNCIL
                                                    of 31 January 1973
              laying down the general rules of the system of compensatory amounts ' for pouhrymeat
 THE COUNCIL OF THE EUROPEAN                                    Whereas, moreover, account should be taken of the
 COMMUNITIES,                                                    economic situation of poultry production in the new
                                                                 Member States ;
 Having regard to the Treaty establishing the Euro­
pean Economic Community ;                                        Whereas the compensatory amount for the other
                                                                 products covered by Council Regulation No 123/67/
                                                                 EEC (4) of 13 June 1967 on the common organiza­
 Having regard to the Treaty (') concerning the Acces­           tion of the market in poultrymeat, as last amended
sion of new Member States to the European Economic               by the Act must be derived from the compensatory
Community and the European Atomic Energy Com­                    amount applicable to slaughtered poultry with the
 munity, signed at Brussels on 22 January 1972, and              help of the coefficients used for the calculation of
in particular Article 62 ( 1 ) of the Act annexed thereto ;      the levy ;
 Having regard to the proposal from the Commission :             Whereas the compensatory amounts for cereals are
                                                                applicable until 31 July 1973 ; whereas the same
                                                                period of applicability should therefore be provided
 Whereas, pursuant to Article 55 of the Act, differences        for in respect of poultrymeat ;
 in the price levels of agricultural products between
 the Community as originally constituted and the new
 Member States are to be compensated by levying                 Whereas, in pursuance of Article 7 of Regulation ( EEC)
or granting compensatory amounts applicable in trade            No 229/73 , the levying or granting of compensatory
 between the new Member States and in trade between              amounts for cereals can be limited in order to deal
 the new Member States and third countries ; whereas             with the situation referred to in Article 56 of the
such amounts are to be calculated in respect of                 Act , it is necessary to take this restriction into account
poultry meat in accordance with Article 79 of the               for poultrymeat products, viewed as products derived
Act ;                                                           from cereals , in order to ensure the proper func­
                                                                tioning of the common organization of the market;
 Whereas the compensatory amount applicable per
kilogramme of slaughtered poultry must be calcula­              Whereas, since the aim of compensatory amounts in
ted on the basis of the compensatory amounts appli­             intra-Community trade is to provide satisfactory
 cable to the quantity of feed grain which is required          conditions for the movement of products between
 for the production in the Community of 1 kg of                 two Member States with different price levels, a
slaughtered poultry; whereas this quantity of feed              compensatory amount must be levied for imports
grain was fixed in Annex I to Council Regulation                into a Member State having a higher price level for
No 146/67/EEC (2) of 21 June 1967 laying down                   feed grain and, conversely, such an amount must be
 rules for calculating the levy and the sluice-gate             granted for exports to a Member State having a
price for poultrymeat;                                          lower price level for feed grain ;
Whereas the compensatory amount applicable per                  Whereas, consequently, Article 55 ( 1 ) (a) of the Act,
chick is calculated in accordance with the same                 under which compensatory amounts are to be levied
 criteria ;                                                     by the importing Member State or granted by the
                                                                exporting Member State, means that the task of
                                                                levying or granting such amounts falls to the Mem­
Whereas the compensatory amounts applicable to                  ber State having the highest price level for feed
feed grain were fixed in accordance with Council                grain ;
Regulation (EEC) No 229/73 (s) of 31 January 1973
laying down general rules for the system of compen­             Whereas rules must be laid down for the levying and
satory amounts for cereals ;
                                                                granting of compensatory amounts in such a way
                                                                as to avoid deflection of trade;
(') OJ No L 73, 27. 3. 1972, p. 5.
(") OJ No 125, 26. 6. 1967, p. 2470/67.
(s) OJ No L 27, 1 . 2. 1973, p. 25 .                            C) OJ No 117, 19. 6. 1967, p. 2301/67.
 ---pagebreak---  1.2 . 73                            Official Journal of the European Communities                          No L 29/5
HAS ADOPTED THIS REGULATION :                                  accordance with Articles 1 and 2 less the difference
                                                               between those compensatory amounts and the
                                                               amounts calculated in the light of the average of the
                           Article i                           levies valid during the first 25 days of January 1973
                                                               for the cereals in question.
 1 . The compensatory amounts for slaughtered
poultry and chicks, applicable in trade between the
Community as originally constituted and the new                                         Article 4
Member States, and between those States and third
countries, until 31 July 1973 , are fixed in the Annex
hereto .
                                                               The compensatory amounts applicable in trade bet­
                                                                ween two new Member States shall be equal to the
                                                               difference between the compensatory amounts
                                                               applicable in trade between those new Member
2.      The compensatory amounts applicable from               States respectively and the Community as originally
 1 August 1973 shall be calculated on the basis of             constituted .
the amounts referred to in paragraph 1 by reference
to the variation in the compensatory amounts ap­
plicable for the quantity of feed grains required to
produce 1 kg of poultrymeat or one chick in the                                         Article S
Community.
                                                                In trade between the new Member States, and bet­
                                                                ween those States and the Community as originally
                                                                constituted, the compensatory amounts shall be
                           Article 2                           levied or granted by that one of the two Member
                                                               States concerned whose price level for the quantity
                                                               of feed grain referred to in Annex I of Regulation
The compensatory amounts for the products referred              No 146/67/EEC is the higher.
to in Article 1 ( 2) ( d ) of Regulation No 123 /67/EEC,
applicable in trade between the Community as ori­
ginally constituted and the new Member States, and
between those States and third countries, shall be                                      Article 6
derived from the compensatory amount applicable
to slaughtered poultry with the help of the coeffi­             1.    In trade between the new Member States and
cients expressing the ratios referred to in Article 5 ( 1 )
                                                                third countries, the compensatory amounts shall be
of the abovementioned Regulation.                               deducted from levies and refunds .
                                                               2. If, where a compensatory amount is fixed for
                                                                a product, the refund is lower than that compen­
                                                                satory amount, or is not fixed, provision may be
                           Article 3                            made for the levy in the new Member State con­
                                                               cerned, when exporting the product in question to
                                                               third countries, of an amount not exceeding the
 1.     If on one or more days in a month Article 7 of         difference between the compensatory amount and
Regulation ( EEC) No 229/73 is applied, the amount             the refund or, as the case may be, not exceeding
applicable in the following month as the compen­                the compensatory amount.
satory amount for the products referred to in
Articles 1 and 2, shall be determined monthly on the
basis of the average of the amounts determined
during the first 25 days of the preceding month for                                     Article 7
the cereals included in the quantity of feed grain
referred to in Article 1 of Regulation No 146/67/EEC.
                                                               The compensatory amount applicable shall be that
                                                                in force on the day of importation or exportation.
However, if the amount varies by less than 5°/o
of the amount determined for the preceding month it
shall remain unchanged.
                                                                                        Article 8
2. The amounts applicable during February 1973                  1 . Detailed rules for the granting, levying and
shall be equal to the compensatory amounts fixed in             recovery of compensatory amounts shall be laid
 ---pagebreak--- No L 29 / 6                       Official Journal of the European Communities                                 1 . 2 . 73
down in such a way as to prevent, in particular,              3.    The amounts referred to in Article 3 shall be
deflection of trade and in accordance with the                fixed by the Commission .
procedure laid down in Article 17 of Regulation
No 123 / 67 / EEC .
                                                                                      Article 9
2.    Detailed rules for the application of this Regula­
tion and in particular compensatory amounts other             This Regulation shall enter into force on the day of
than those determined in Article 1 ( 1 ) shall be drawn       its publication in the Official Journal of the European
up according to the same procedure.                           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
 ---pagebreak--- 1. 2. 73                            Official Journal of the European Communities                                  No L 29/7
                                                            ANNEX
                                                                                                 Trade with
      CO
    heading                            Description of goods
      No                                                                                                             United
                                                                                 Denmark           Ireland
                                                                                                                   Kingdom
       1                                         2                                                      4                5
                                                                               u.a. / 100 units u.a. / 100 units u.a. / 100 units
   01.05    Live poultry, that is to say, fowl, ducks, geese, turkeys, and
            guinea fowls :
            A. Of a weight not exceeding 1 85 g ( known as 'chicks')              01328            0·7175            1 4127
                                                                                u.a. / 100 kg    u.a. / 100 kg    u.a. / 100 kg
   02.02    Dead poultry (that is to say, fowls, ducks geese, turkeys, and
            guinea fowls) and edible offals thereof (except liver), fresh,
            chilled, or frozen :
            A. Whole poultry :
                  1.  Fowl :
                      a) Plucked and gutted, with heads and feet, known
                          as ' 83 % chickens'                                     0·3346           3·7294           6·6737
                      b) Plucked and gutted, without heads and feet, but
                           with hearts, livers, and gizzards, known as '70 °/o
                          chickens'                                               0·3859           4·3016           7·6976
                      c ) Plucked and drawn , without heads and feet and
                          without hearts, livers, and gizzards, known as
                          '65 % chickens*                                         0·4277           4·7678           8·5318
                 II . Ducks :
                      a) Plucked, bled, not drawn or gutted with heads
                          and feet, known as ' 85 °/o ducks'                      1·0278           5·5428          10·9547
                      b) Plucked and drawn, without heads and feet, with
                          or without hearts, livers, and gizzards, known as
                          ' 70 °/o ducks '                                        1·2486           6·7334          13·3077
                III . Geese :
                      a) Plucked, bled, not drawn, with heads and feet,
                          known as '82 °/o geese'                                 1·1038           5·9527          11·7648
                      b) Plucked and drawn , without heads and feet, with
                          or without hearts and gizzards, known as '75 °/o
                          geese'                                                  1·2051           6·4992          12·8448
                IV. Turkeys                                                       0 9699           5·2306          10·3376
                 V. Guinea fowls                                                  1·5091           8·1386          16·0840