CELEX: 31973R0470
Language: en
Date: 1973-01-31 00:00:00
Title: Regulation (EEC) No 470/73 of the Commission of 31 January 1973 laying down general rules for the application of the compensatory amounts applicable to colza and rape seed produced in the Member States

26. 2 . 73                              Official Journal of the European Communities                             No L 53/51
                                REGULATION (EEC) No 470/73 OF THE COMMISSION
                                                       of 31 January 1973
              laying down general rules for the application of the compensatory amounts applicable
                                 to colza and rape seed produced in the new Member States
THE COMMISSION OF THE EUROPEAN                                      HAS ADOPTED THIS REGULATION :
COMMUNITIES ,
                                                                                              Article 1
Having regard to the Treaty establishing the European               When the seeds harvested in the United Kingdom or
Economic Community ;                                                in Denmark are the subject of trade between Member
                                                                    States there shall be drawn up in the Member State
                                                                    where the seeds have been harvested, after they have
Having regard to the Treaty (*) concerning the                      been weighed, the control copy referred to in Article 1
Accession of new Member States to the European                      of Regulation (EEC) No 2315/69, Section 31 of which
Economic Community and the European Atomic                          shall contain, in addition to the description of the
Energy Community, signed at Brussels on 22 January                  goods, one of the following endorsements :
1972 ;
                                                                    ' Seed harvested in                                     '
Having regard to the Act (2) concerning the conditions              'Graines récoltées en                                   '
of Accession and the Adjustments to the Treaties ,                  ' Ölsaaten geerntet in                                  '
hereinafter called 'the Act' ;
                                                                    'Semi raccolti in                                       '
Having regard to Council I Regulation (EEC) No                      'Zaden geoogst in                                      '
230/73 (3) of 31 January 1973 on compensatory                       'Fro høstet i                                           '
amounts for colza and rape seed, and in particular
Article 2 thereof ;
                                                                    The following sections of the control copy shall be
                                                                    completed :
Whereas Council Regulation No 230/73 introduced
compensatory amounts by which must be reduced                       a) section 103 ;
the subsidy and the refund applying to seeds harvested
in the United Kingdom and Denmark ; whereas in                      b) section 104, by deleting what does not apply and
order to ensure that the system aforesaid is applied                      by inserting one of the following :
correctly the administrative provisions must be laid
down whereby it can be established in which Member                       'Intended to be processed for the production of
State seed marketed within the Community has been                        oil or to be rendered ineligible for subsidy within
harvested ; whereas this object can be achieved by                       the meaning of Article 31 of Regulation (EEC)
using for this purpose the document established by                       No 1204/72 (5).'
Commission Regulation No 2315/69 (4) of 19 November
1969 on the use of Community transit documents                           'Destine a être transformé en vue de la production
for the purpose of applying Community measures for                       d'huile ou a être mis en condition de ne pas
verifying the use and for destination of goods ;                         pouvoir bénéficier de l'aide au sens de Particle 31
                                                                         du règlement (CEE) n° 1204/72.'
Whereas the measures provided for in this Regulation                     'Dazu bestimmt, zur Gewinnung von 01 verarbei­
are in accordance with the Opinion of the Manage­                        tet zu werden, oder in den Zustand versetzt zu
ment Committee for Oils and Fats .                                       werden, daß die Beihilfe in Sinne von Artikel 31
                                                                         der Verordnung (EWG) Nr. 1204/72, nicht mehr
                                                                         beansprucht werden kann.'
(*) OJ   No L 73 , 27. 3 . 1972, p. 5 .
(2) OJ   No L 73 , 27. 3 . 1972, p. 14.
(3) OJ   No L 28 , 1 . 2. 1973 , p. 1 .
(4) OJ   No L 295, 24. 11 . 1969, p. 14.                             (5) OJ No L 133 , 10. 6 . 1972 , p. 1 .
 ---pagebreak--- No L 53 /52                             Official Journal of the European Communities                              26. 2 . 73
     'Destinato ad essere trasformato per la produzione            2. The deposit shall be forfeited in part if, within
     di olio e ad essere messo in condizione di non                the period referred to in paragraph 1 , the proof
     poter beneficiare dell'integrazione ai sensi dell'            referred to in that paragraph is furnished for a
      articolo 31 del regolamento ( CEE) n. 1204/72.'              quantity of seeds which is more than 2% less than
                                                                   the quantity for which the deposit was lodged.
      'Bestemd om met het oog op de olieproduktie te
     worden verwerkt of om in een zodanige staat te                The amount of the deposit to be retained shall be
     worden gebracht dat zij niet meer voor de steun               calculated on the basis of the difference between the
      in aanmerking kunnen komen in de zin van artikel             quantity for which a deposit was lodged less 2%
     31 van Verordening (EEG) nr. 1204/72.'                        and the quantity for which the abovementioned proof
                                                                   is given .
     'Bestemt til forarbejdning med henblik pa frem­
     stilling af olie eller til at blive behandlet således,
     at de ikke kan opnå sådan støtte som nænt i                                           Article 5
     artikel 31 i forordning (EØF) nr. 1204/72.'
                                                                   Where the quantity which comes under control at
     The net weight of th e product which has been                 the oil mill or which is exported exceeds by more than
     inspected shall be inserted in the 'control of use            2% the quantity indicated in section 103 of the
     end/or destination' section on the back of the                control copy, the additional quantity shall be treated
     copy under 'remarks'.                                         as being imported from third countries.
                                                                                           Article 6
                          Article 2
                                                                   For the purposes of applying Articles 4 and 5 , the
 1 . The control copy referred to in Article 1 of                  net weight shown in section 103 of the control copy
 Regulation (EEC) No 2315/69 shall be accompanied                  shall be compared with the net weight indicated in
by a deposit of :                                                  that copy in accordance with the last subparagraph of
                                                                   Article 1 .
— 1-5 unit of account per 100 kg net for seed harvested
     in Denmark ;
                                                                                           Article 7
— 6-5 units of account per 100 kg net for seed
     harvested in the United Kingdom.                              Articles 1 to 6 shall not apply to colza and rape seed
                                                                   harvested in Denmark or in the United Kingdom,
2. The applicant shall choose whether the deposit                  provided that such seed :
is to be lodged in cash or in the form of a guarantee
given by an establishment which meets the criteria                 — is recognized by the legislation of the Member
laid down by the Member State which issued the copy.                   State of origin as seed for sowing or :
                                                                   — has been denatured by a Community process .
                          Article 3                                                        Article 8
 The deposit shall be released when proof has been                 Colza and rape seed despatched from Member States
furnished that the seeds in question have been disposed            of the Community as originally constituted or from
 of in one of the ways referred to in Article 1 above.             Ireland to the United Kingdom or Denmark, which
                                                                   are not accompanied by a copy of the control docu­
This proof may be given only by producing the control              ment referred to in Article 27 (2) of Commission
copy referred to in Article 1 of Regulation (EEC)                  Regulation (EEC) No 1204/72 f1) of 7 June 1972 on
No 2315/69 completed in accordance with Article 1                  detailed rules for applying a system of aid for oilseeds,
of this Regulation.                                                or by a copy of the document referred to in Article 1
                                                                   of this Regulation , shall qualify for :
                                                                   — the aid referred to in Article 27 of Council Regu­
                          Article 4                                    lation 136/66/EEC (2) of 22 September 1966 on the
                                                                       establishment of a common organization of the
1 . This deposit shall be forfeited in whole if, within
nine months of its being lodged, no proof has been
furnished that the seeds have been disposed of in                  i1) OJ No L 133 , 10. 6. 1972, p. 1 .
one of the ways referred to in Article 1 above.                    (2) OJ No 172, 30. 9. 1966, p. 3025/66.
 ---pagebreak--- 26 . 2 . 73                          Official Journal of the European Communities                             No L 53 /53
     market in oils and fats, if they are processed for oil                              Article 9
     production in Denmark or the United Kingdom ;
                                                                 This Regulation shall enter into force on the day of
                                                                 its publication in the Official Journal of the European
— the rebate referred to in Article 28 of that Regu­             Communities .
     lation if exported from Denmark or the United
     Kingdom to third countries .                                It shall be applicable 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