CELEX: 31973R0471
Language: en
Date: 1973-01-31 00:00:00
Title: Regulation (EEC) No 471/73 of the Commission of 31 January 1973 on certain transitional measures applicable in the new Member States in respect of colza and rape seed

No L 53 /54                            Official Journal of the European Communities                            26 . 2 . 73
                             REGULATION (EEC) No 471/73 OF THE COMMISSION
                                                    of 31 January 1973
             on certain transitional measures applicable in the new Member States in respect of colza
                                                        and rape seed
THE COMMISSION OF THE EUROPEAN                                    Whereas the objective referred to above may also be
COMMUNITIES ,                                                     attained if the system of declaring quantities held on
                                                                  31 January 1973 and lodging a deposit is replaced
                                                                  by a control system for imports of colza and rape
Having regard to the Treaty establishing the European             seed ; whereas a control system of this kind is being
Economic Community ;                                              applied during the 1972/73 marketing year in Denmark ;
Having regard to the Treaty (x ) concerning the                   Whereas the subsidy and export refund must not be
Accession of new Member States to the European                    granted in respect of seeds harvested in the new
Economic Community and the European Atomic                        Member States during the 1972/73 marketing year
Energy Community, signed at Brussels on 22 January                for which a national subsidy has been granted, nor
1972 ;                                                            in respect of seeds harvested in the Community as
                                                                  originally constituted and exported before 1 February
                                                                  to the new Member States ;
Having regard to the Act (2) concerning the Conditions
of Accession and the Adjustments to the Treaties,
and in particular Article 63 (1 ) thereof ;                       Whereas the measures provided for in this Regulation
                                                                  are in accordance with the Opinion of the Manage­
                                                                  ment Committee for Oils and Fats ;
Whereas arrangements should be made to ensure
that the transition in the new Member States from the
existing arrangements for colza and rape seed to                  HAS ADOPTED THIS REGULATION :
those provided for by Council Regulation No 136/66/
EEC (3) of 22 September 1966 on the common organ­
ization of the market in oils and fats is as smooth as                                    Article 1
possible ;
                                                                  All persons in Ireland and in the United Kingdom
                                                                  who hold 5 000 kg or more of colza and rape seed
Whereas, to prevent the subsidy provided for in                   shall not later than 2 February declare to the compe­
Article 27 of Regulation No 136/66/EEC, or the                    tent authorities of the Member State in which the
refund provided for in Article 28 thereof, from being             seeds are located the total quantity held by them as
granted irregularly after 1 February 1973 in respect              at 24.00 hours on 31 January 1973 , specifying :
of seeds originating outside the new Member States
and imported into a new Member State before that                  — the quantities of seed harvested in the Member
date, provision must be made for all holders of a                      State in question during the 1972/73 marketing
certain minimum quantity of seeds to declare to the                    year, and
competent authorities of the new Member State in
question the quantity held on 31 January 1973 , and               — the quantities of other seed.
to lodge a deposit in respect of such quantity less any
quantity which can be proved to have been harvested                                       Article 2
in the new Member States during the 1972/73 market­
ing year ; whereas this deposit should be released upon            1 . The quantities referred to in Article 1 which are
proof being supplied that the seeds have been placed              located in an oil mill shall be considered as imported
under the control system provided for in Article 2 of              seed, save as regards those quantities in respect of
Council Regulation (EEC) No 2114/71 (4) of 28 Sep­                 which proof is adduced that they were harvested in
tember 1971 on the subsidy for oilseeds or have been               that Member State during the marketing year 1972/73 .
rendered ineligible for the subsidy ;
                                                                   2. Security shall be given in the Member State
                                                                   concerned in respect of the quantities referred to
                                                                   in Article 1 which are not located in an oil mill , less
 (1) OJ No L 73 , 27. 3 . 1972, p. 5.                              any quantities in respect of which proof is adduced
 (2) OJ No L 73 , 27. 3 . 1972, p. 14.
 (3) OJ No 172, 30. 9. 1966 , p. 3025/66 .                         that they were harvested in that Member State during
 (4) OJ No L 222, 2. 10. 1971 , p. 2.                              the 1972/73 marketing year.
 ---pagebreak--- 26 . 2 . 73                          Official Journal of the European Communities                             No L 53 /55
3 . The security referred to in paragraph 2 shall, for                                    Article 3
every 100 kg of colza and rape seed, the weight
thereof to be determined by the method laid down in              During February 1973 , Ireland and the United King­
the Annex to Commission Regulation (EEC) No                      dom shall notify the Commission of :
1204/72 ( x) of 7 June 1972 laying down detailed rules
for the application of the subsidy system for oil                ( a) quantities in respect of which declarations have
seeds, be equal to :                                                  been made pursuant to Article 1 ;
— 12 units of account for seed harvested in Ireland ;
                                                                 (b) quantities in respect of which security has been
— 6 units of account for seed harvested in the United                 given pursuant to Article 2 paragraph 2.
     Kingdom.
4. The security shall take the form , at the choice of                                    Article 4
the holder, either of cash or of a guarantee given by
an institution which satisfies certain criteria prescribed       Colza and rape seed harvested in the Community as
by each Member State.                                            originally constituted and in respect of which customs
                                                                 formalities for export to the new Member States
5 . The security shall be released if, within nine               are completed before 1 February 1973 shall be con­
 months of its being constituted, proof is given that            sidered as seeds coming from third countries.
the seeds in respect of which the security was consti­
tuted :
                                                                                          Article 5
— have been placed under the control system provided
     for in Article 2 of Regulation (EEC) No 2114/71 ,           This Regulation shall enter into force on the day of
     or
                                                                  its publication in the Official Journal of the European
 — have been rendered ineligible for the subsidy                  Communities .
     within the meaning of Article 31 of Regulation
     (EEC) No 1204/72.                                            It shall apply from 1 February 1973 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 31 January 1973 .
                                                                                     For the Commission
                                                                                         The President
                                                                                   Francois-Xavier ORTOLI
 O OJ No L 133 , 10 . 6 . 1972 , p. 1 .