CELEX: 31973R0181
Language: en
Date: 1973-01-23 00:00:00
Title: Regulation (EEC) No 181/73 of the Council of 23 January 1973 laying down general rules for a system of compensatory amounts for beef and veal

30 . -1.73                             Official Journal of the European Communities                              No L 25 /9
                                  REGULATION (EEC) No 181 /73 OF THE COUNCIL
                                                      of 23 January 1973
                  laying down general rules for a system of compensatory amounts for beef and veal
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         of those amounts that reflects the price difference,
                                                                  already partially compensated by the addition of
                                                                  customs duties ; whereas, furthermore, it is necessary
Having regard to the Treaty concerning the Accession              to apply the same lowering, as an absolute sum, both
of new Member States to the European Economic                     to amounts granted and to amounts levied so as to
Community and the European Atomic Energy                          avoid deflection of trade ;
Community ( 1 ), signed at Brussels on 22 January
1972, and in particular Article 62 ( 1 ) of the Act
annexed thereto ;                                                 Whereas, where Article 11 of Regulation (EEC ) No
                                                                  805/68 is applied, the compensatory amount must be
                                                                  adjusted ;
Having regard to the proposal from the Commission ;
                                                                  Whereas the compensatory amounts applicable to the
Whereas pursuant to Article 90 of the Act, the terms              types of meat referred to in the Annex to Regulation
of Article 51 and 52 apply to the guide prices for beef            (EEC ) No 805 /68 must be derived from the
and veal ;
                                                                  compensatory amounts applicable to calves and adult
                                                                  bovine animals ; whereas they can be derived from
Whereas Articles 51 and 52 of the Act provide for the             the basic amounts by using the coefficients used for
fixing of prices for the new Member States at a level             calculating the levies ; whereas, however, the
different from that of the common prices ; and                    arrangements for trade in frozen meat among the
whereas, pursuant to Article 55 of the Act, differences           new Member States and between those States and the
in price levels are to be compensated by a system of               Community as originally constituted should be the
compensatory amounts ;                                             same as those applied to frozen meat from third
                                                                   countries, with total or partial exemption from levies
Whereas for the products covered by this price fixing,            in certain conditions, as provided by Council
the compensatory amounts applicable in trade                       Regulation (EEC) No 888/68 (4) of 23 June 1968
between the Community as originally constituted and                laying down general rules on special import terms for
the new Member States, and between those States                    certain frozen meats intended for processing, as last
and third countries, are to be equal to the difference             amended by Regulation (EEC) No 2725 /71 (5);
between prices fixed for the new Member State
concerned and the common prices, corrected to the                 Whereas, if the difference in prices is less than the
extent necessary by the amount of customs duties ;                 amount of the customs duties, the latter must be
                                                                   suspended at the amount by which they exceed such
Whereas this amount, where the customs duty is                     difference ; whereas, furthermore, if the amount of
applied as a percentage of the product's value, must               customs duties is minimal, it should not be taken into
be calculated as a flat rate on the basis of import                account ;
prices or guide prices, as the case may be , account
being taken of the fact that if the compensatory                  Whereas Article 55 (4) of the Act provides
amount is granted, prices for the importing country                furthermore that no compensatory amount shall be
will already include the customs duty charge ;                     fixed if the calculation thereof results in a minimal
                                                                   amount; and whereas, consequently, an amount must
Whereas, if the levy on calves and adult bovine                    be fixed which can be considered as minimal ;
animals is lowered in accordance with Article 10 of
Council Regulation (EEC) No 805 /68 (2 ) of 27 June                Whereas Article 55 (3 ) of the Act provides that the
1968 on the common organization of the market in                   compensatory amounts applicable in trade between
beef and veal, as last amended by the Act (3), the                 the new Member States shall be determined by direct
compensatory amounts should likewise be lowered in                 reference to the compensatory amounts fixed for each
order to maintain Community preference ; whereas                   of those States ; whereas, more specifically, provision
this lowering must, however, be restricted to the part             should be made that these amounts, in every case,
                                                                   will attain the level of the difference in prices existing
i1 ) OJ Special Edition, 27. 3 . 1972, p . 5 .
(-') OJ No L 148, 28 . 6. 1968, p. 24.                             (4 ) OJ No L 156, 4 . 7. 1968 , p .. 7.
 (3 ) OJ Special Edition, 27. 3 . 1972, p . 72.                     («) OJ No L 282, 23 . 12. 1971 , p . 5 .
 ---pagebreak--- No L 25 / 10                      Official Journal of the European Communities                             30 . 1 . 73
between the Member States in question, which have           originally constituted and the new Member States,
been used to determine the compensatory amounts             and between those States and third countries, shall be
applicable in trade with the Community as originally        equal to the basic compensatory amount for adult
constituted, while taking into account, as elsewhere,       bovine animals multiplied by the coefficient referred
the amount of customs duties ;                              to in Article 13 (2) ( a) of Regulation (EEC) No
                                                            805 /68 .
Whereas since the aim of the compensatory amounts
 in intra-Comniunity trade is to provide satisfactory
conditions for the movement of products between             2. The basic compensatory amounts for the types
two Member States with different price levels, a            of meat listed under heading Nos 02.01 A II a) 2 bb),
compensatory amount must be levied for imports              02.01 A II a) 2 cc), 02.01 A II a) 2 dd) 11 and 02.01 A
into a Member State having a higher price level and,        II a) 2 dd) 22 in section (c) of the Annex to
inversely, must be granted for exports to a Member          Regulation (EEC) No 805 /68, applying in trade
State having a lower price level;                           between the Community as originally constituted and
                                                            the new Member States, and between , those States
                                                            and third countries, shall be equal to the basic
"Whereas, consequently, Article 55 ( 1 ) ( a) of the Act,   amount for the types of meat referred to in
under which compensatory amounts are to be levied           paragraph 1 multiplied by the coefficients referred to
by the importing Member State or granted by the             in Article 13 (3 ) of Regulation (EEC) No 805 /68 .
exporting Member State, means that the task of
levying or granting these amounts falls to the
Member State having the higher price level ;
                                                                                     Article 3
Whereas rules must be laid down for the levying and
granting of compensatory amounts in such a way as           The basic compensatory amounts applicable in trade
to avoid deflection of trade that could result in
                                                            between two new Member States shall be equal to
particular from differences in the level thereof;           the difference between the basic compensatory
                                                            amounts applying in trade between each of the new
                                                            Member States and the Community as originally
HAS ADOPTED THIS REGULATION :                               constituted.
                        Article 1                                                    Article 4
1 . The compensatory amounts for calves and adult
bovine animals applicable in trade between the              1.     The basic compensatory amounts, calculated in
Community as originally constituted and the new             accordance with Articles 1 to 3 , shall be adjusted by
Member States, and between those States and third           the amount of customs duties :
countries (hereinafter referred to as 'basic
compensatory amounts'), shall be equal to the               ( a) by deduction in intra-Community trade when the
difference between the guide price applying in each of           guide price ruling in the importing Member State
the new Member States and the guide price applying               is higher than that in the exporting Member
in the Community as originally constituted.                      State ;
2. The basic compensatory amounts for the types             (b) by addition in intra-Community trade when the
of meat listed in sections (a) and (b) of the Annex to           guide price ruling in the importing Member State
Regulation (EEC) No 805/68 , applying in trade                   is lower than that in the exporting Member State ;
between the Community as originally constituted and
the new Member States, and between those States
and third countries, shall be derived from the basic        (c) by deduction on imports from third countries . On
compensatory amounts referred to in paragraph 1 in               exports from the new Member States to third
accordance with the rules for calculating the levy               countries, the basic compensatory amounts shall
pursuant to Article 12 (1 to 4) of Regulation (EEC)              not be corrected.
No 805 /68 .
                                                            2.      If the amount of the customs duty is lower than
                        Article 2
                                                            one unit of account per 100 kg the compensatory
                                                            amount shall not be corrected.
1 . The basic compensatory amount for the types
of meat listed under heading No 02.01 A II a) 2 aa)
in section (c) of the Annex to Regulation (EEC) No          3 . The basic compensatory amounts, as adjusted,
805/68 , applying in trade between the Community as         are hereinafter referred to as compensatory amounts .
 ---pagebreak--- 30 . 1 . 73                          Official Journal of the European Communities                             No L 25 / 11
                           Article 5                                  basic compensatory amount shall be calculated in
                                                                      accordance with paragraph 2, the import price
1.       In trade in adult bovine animals and calves                 being replaced by the world market price
between the new Member States and between those                       determined in accordance with Article 13 (2) (b)
States and the Community as originally constituted :                  of Regulation (EEC) No 805/68, the latter being
                                                                      multiplied, as regards the products referred to in
( a) the amount of customs duty to be deducted from                   Article 2 (2), by the coefficients referred to in
       the basic compensatory amount shall be equal to                that same paragraph.
       the amount resulting from the application of the
       customs duty applied by the Community as
                                                                                            Article 6
       originally constituted to the guide price in the
       exporting Member State ;
                                                                1.       If the levies on calves and adult bovine animals
(b) the amount of customs duty to be added to the
       basic compensatory amount shall be equal to the          are lowered in accordance with Article 10 (3 ), second
       difference between the amount which, with the            subparagraph, of Regulation (EEC) No 805 /68 , the
       addition of the customs duty applied by the              compensatory amounts for calves and adult bovine
       importing new Member State, would be equal to            animals and for the types of meat referred to in
       the guide price applicable in the importing              Article 1 (2) shall be lowered by the amount resulting
       Member State and that same guide price.                  from the application to the compensatory amount to
                                                                be levied in trade between the new Member States
                                                                and the Community as originally constituted of the
2.       For imports of adult bovine animals and calves         percentage by which those levies are lowered.
into the new Member States from third countries, the
amount of customs duty to be deducted from the
basic compensatory amount shall be equal to the                 2.       In this event, in trade between the new Member
difference between the amount of customs duty on                States themselves, the rule laid down in Article 3
the import price at the rate applicable to imports into         shall apply in respect of the lowering.
the Community as originally constituted and the
amount of customs duty on the same price at the rate
applicable to imports into the new Member State in                                          Article 7
question.
The import price shall be calculated in accordance              If the levy on calves or adult bovine animals is not
with Article 10 ( 1 ) of Regulation (EEC ) No 805 /68 .         charged according to Article 11 of Regulation (EEC)
                                                                No 805 /68, the compensatory amount valid for these
3.        In trade in the types of meat listed in sections      products shall be equal to zero and the rate of
 ( a), (b) and (c) of the Annex to Regulation (EEC) No          customs duty valid for young male bovine animals
805 /68 between the new Member States and between               for fattening of a minimum weight of 220 kg and a
those States and the Community as originally                    maximum weight of 300 kg shall be reduced by half
 constituted, the amount of customs duty to be                  and the rate valid for calves for fattening, weighing
deducted from or added to the basic compensatory                 less than 80 kg, shall be reduced by three quarters .
amount, as the case may be, shall be calculated in
 accordance with paragraph 1 , the guide price or
 import price being multiplied by the coefficients
                                                                                            Article 8
 referred to in Article 1 (2) or in Article 2, in
 accordance with the rules laid down therein .
                                                                 In trade between the new Member States and with
 4.       For imports into the new Member States from            the Community as originally constituted :
 third countries :
  ( a) of the types of meat listed in sections ( a) and (b )     ( a) If the amount of customs duty to be deducted
        of the Annex to Regulation (EEC) No 805 /68 , the              from the basic compensatory amount is higher
        amount of customs duty to be deducted from the                 than the latter, the customs duty shall be
        basic compensatory amount shall be calculated in               suspended at a rate which represents the
        accordance with paragraph 2, the import price                  relationship between the difference between such
        being multiplied by the coefficients referred to in            amount and the basic compensatory amount on
        Article 1 (2);                                                 the one hand and the amount itself on the other
                                                                       hand.
  (b) of the types of meat listed in section (c) of the
        Annex to Regulation (EEC) No 805 /68 , the                (b) If the basic compensatory amount is nil , the
        amount of customs duty to be deducted from the                 customs duty shall be suspended.
 ---pagebreak--- No L 25 / 12                           Official Journal of the European Communities                              30 . 1 . 73
                            Article 9                             third countries, the compensatory amounts shall be
                                                                  deducted from the levies and refunds .
In trade between the new Member States                  and
between those States and the Community as                         2.    If compensatory amount is fixed for a product
originally constituted :                                          and the refund, if fixed at all, is lower than this
( a) the compensatory amounts for the types of meat               compensatory amount, then, when the product in
     referred to in Article 14 (3 ) (a) of Regulation             question is exported to a third country, the new
      (EEC) No 805 /68 shall not be levied if the                 Member State concerned may levy an amount equal
     conditions laid down in Article 1 of Regulation              to   not   more   than   the   difference  between     the
      (EEC) No 888 /68 are fulfilled ;                            compensatory amount and the refund or, as the case
                                                                  may be, to the compensatory amount.
(b) the compensatory amounts for the types of meat
     referred to in Article 14 (3 ) ( b) of Regulation
      (EEC) No 805 / 68 shall not be levied or, as the                                    Article 13
      case may be, shall be levied only up to an amount
     corresponding to the amount of the levy as                   The compensatory amount applied shall be the
     suspended, which is calculated according to the              amount applicable on the day of importation or
     criteria referred to in Article 6, if the conditions         exportation.
      laid down in Articles 2 and 3 of Regulation (EEC)
     No 888/68 for the total or partial suspension of                                    Article 14
      the levy are fulfilled.
                                                                  The detailed rules for the granting, levying and
                           Article 10                             recovery of the compensatory amounts shall be
                                                                  drawn up in such a way as to prevent, in particular,
No compensatory amount shall be fixed at less than                deflection of trade and in accordance with the
0-5 unit of account per 100 kg.                                   procedure laid down in Article 27 of Regulation
                                                                  (EEC) No 805/68 .
                           Article 11
                                                                  The rules for the application of the Regulation and in
In     trade   between    the   new Member       States and       particular the compensatory amounts shall be drawn
between those States and the Community as                         up according to the same procedure.
originally constituted, the compensatory amounts
shall be levied or granted, as the case may be, by that                                   Article 15
one of the two Member States concerned whose
guide price, used in determining the compensatory
amounts, is the higher.                                           This Regulation shall enter into force on the day
                                                                  following its publication in the Official Journal of the
                           Article 12                             European Communities.
1.       In trade between the new Member States and               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, 23 January 1973 .
                                                                                        For the Council
                                                                                         The President
                                                                                        L. TINDEMANS