CELEX: 31973R1463
Language: en
Date: 1973-05-30 00:00:00
Title: Regulation (EEC) No 1463/73 of the Commission of 30 May 1973 laying down detailed rules for the application of 'monetary' compensatory amounts

4. 6 . 73                                  Official Journal of the European Communities                                No L 146/ 1
                                                                   I
                                                (Acts whose publication is obligatory)
                                REGULATION (EEC) No 1463/73 OF THE COMMISSION
                                                           of 30 May 1973
              laying down detailed rules for the application of 'monetary' compensatory amounts
THE COMMISSION OF THE EUROPEAN                                         Whereas, by virtue of paragraph 1 of that Article,
COMMUNITIES,                                                           where a rate of exchange other than that correspond­
                                                                       ing to the parity of the currency in question is used
Having regard to the Treaty establishing the Euro­                     for conversions between the unit of account and the
pean Economic Community ;                                              currency of a Member State, paragraph 1 aforesaid
                                                                       applies by analogy where the mean of the spot
Having regard to Council Regulation (EEC) No 974/                      market rates of this currency during a period to be
71 ( J ) of 12 May 1971 on certain measures of                         determined, varies by at least 1 °/o from the conver­
conjunetural policy to be taken in agriculture                          sion rate used for purposes of calculation ; whereas
following the temporaty widening of the margins of                      this is at present the case for the pound sterling and
fluctuation for the currencies of certain Member                        the Irish pound ;
States, as last amended by Regulation ( EEC ) No
1225/73 (2 ), and in particular Article 6 thereof ;                    Whereas for Denmark and France the new method
Whereas since Regulation (EEC ) No 974/71 has                          of calculating the monetary compensatory amounts
been substantially amended, new detailed rules                         has the consequence that amounts are not to be
                                                                       fixed in respect of those countries ;
should be adopted for the application of that Regu­
lation ;
                                                                       Whereas it is necessary, in order to apply Articles
Whereas Article 1 ( 1 ) of Regulation ( EEC) No                         1 ( 1 ) a) and 2 ( 1 ) (b ) of Regulation (EEC) No 974/71 ,
974/71 provides that if, for the purposes of commer­                   to determine the period during which are to be
cial transactions, a Member State allows the                           recorded the spot market rates whose arithmetic
exchange rates for its currency to fluctuate by a                      mean will be used for calculating compensatory
wider margin , up or down than that permitted by                       amounts ;
the international rules in force on 12 May 1971 ,
then in trade with other Member States and with
third countries,                                                       Whereas the period must be sufficiently representa­
                                                                       tive to show trends in rates and yet allow those
( a) that Member State whose currency appreciates                      rates to be reflected as quickly as possible in fixing
     above the margin of fluctuation is to charge on                   the compensatory amounts ;
     imports and grant on exports, and
                                                                       Whereas a period of seven days should therefore be
(b ) the Member State whose currency depreciates                       used, fixed by reference to technical administrative
     below the margin of fluctuation is to charge on                   requirements ;
     exports and grant on imports,
                                                                       Whereas the most representative spot market rates
monetary compensatory amounts for the products                         should be used for the purpose of calculation ;
referred to in paragraph 2 of that Article ; whereas
Germany and the Benelux countries are at present                       Whereas it is desirable to use the period referred to
experiencing the situation envisaged in ( a), and Italy                above also for the application of Article 2a of that
the situation envisaged in ( b ) ;                                     Regulation ;
(*) OJ No L 106 , 12 . 5 . 1971 , p . 1 .                              Whereas the common price level should be used as
( 2) OJ No L 125 , 11 . 5 . 1973 , p . 49 .                            a basis for the calculation of monetary compensa­
 ---pagebreak---    No L 146/2                            Official Journal of the European Communities                              4. 6. 73
   tory amounts, bearing in mind the fact that the new               the effective parity relationships of their current
   Member State do not yet apply the common price                    cies among themselves ; whereas, widening fluctua­
   in the case of certain products and that the differ­              tion margins will, in the case of those Member
   ence between the two price levels is expressed by                 States, only affect other Member States and third
   the accession compensatory amount ;                               countries, trade within the BLEU and between the
                                                                     BLEU     and   the  Netherlands     being unaffected ;
  Whereas, in pursuance to Article 4b of Regulation                  whereas, for this reason, those Member States have
   (EEC) No 974/71 and the Article 2 of the Council                  declared under Article 233 of the Treaty that they
  Regulation (EEC) No 1189/73 (3) of 8 May 1973                      do not desire to apply compensatory amounts
  fixing the aid for skimmed milk and skimmed-milk                   between themselves ; whereas, for the purpose of
  powder for use as animal feed for the 1973 /74                     applying the system of compensatory amounts,
  milk year, the compensatory amounts thus obtained                  those countries should be regarded as a single
  should be reduced by the amounts provided for in                   Member State ;
  those measures ;
  Whereas accession compensatory amounts, charges                    Whereas there is a fixed rate of exchange between
  on imports, refunds and all other amounts charged                  the pound sterling and the Irish pound ; whereas a
  or granted in units of account in respect of trade                 monetary compensatory amount need not therefore
  with third countries are, as are also the prices in the            be applied in trade between those two Member
  Member States concerned, converted into the curren­                States ;
  cies of those Member States by applying the
  exchange rates provided for under the common agri­
                                                                     Whereas certain Member States may still experience
  cultural policy ; whereas, in calculating the mone­
                                                                     technical difficulties in granting amounts on
  tary compensatory amount, only the difference
                                                                     imports ; whereas it is necessary to make provision,
  between the price level and the amount in question                 in case of recourse to the provisions of Article 2a of
  expressed in units of account need be taken into
                                                                     Regulation ( EEC) No 974/71 , for common rules for
  consideration ;
                                                                     applying and opting not to apply those provisions
                                                                     and for methods for ensuring that any payments by
  Whereas, in order to simplify the system so that the               exporting Member States are made in full know­
  same single compensatory amount may be applied                    ledge of the relevent facts ;
  in respect of the trade of a given Member State
 with every other Member State and third countries,
 accession compensatory amounts, charges on                          Whereas, with a view to harmonization, the date,
 imports, refunds and all other amounts charged or                   selected for the purpose of applying compensatory
 granted in respect of trade with third countries                    amounts as the date of importation, should be the
 should be corrected by a coefficient expressing the                date used for the purpose of customs duties and
 position of the currency of the Member State which                 levies — and the date of exportation, the date used
 is to apply the monetary compensatory amount ;                      for the purpose of export refunds ;
 Whereas Article 4 ( a) (2) of Regulation ( EEC) No                 Whereas before payment of a compensatory amount
 974/71 provided that the monetary compensatory                      for a product exported to another Member State
 amount applicable due to the decrease in value of                  is made, proof must be supplied that the product
 the currency concerned may not be higher than the                 has left the geographical territory of the Member
 charge on products imported from third countries ;                 State in which the customs export formalities were
                                                                    completed ;
 Whereas it is advisable to provide that its obser­
 vance of this measure normally concerns the                       Whereas the system provided for by this Regulation
 importing Member States ; whereas, however, since                  can relate only to products moving freely within the
in the case of beef and veal, the charge on imports                 Community ; whereas moreover, it seems desirable
includes a customs duty, that charge should be deter­               that products exported under benefit of a compensa­
mined at a flat rate on the basis of the world                     tory amount should be of such a kind that they can
market prices established by the Commission                        be marketed under normal conditions ;
within the common organization of the market in
beef and veal ;                                                    Whereas, for the sake of proper administrative man­
                                                                   agement it seems desirable to require that application
Whereas the Belgo-Luxembourg Economic Union                        for payment of the compensatory amount be made
and the Netherlands have decided to maintain the
                                                                   within a reasonable period ;
fluctuation margins between currencies which
obtained before 9 May 1971 and have not altered
                                                                   Whereas non-observance of a lower price level at
( 3) OJ No L 122, 9 . 5 . 1973 , p . 3 .                           the time of import of certain agricultural products
 ---pagebreak--- 4. 6 . 73                                      Official Journal of the European Communities                          No L 146/3
subject to the application of monetary compensa­                          tory amounts which were prevously levied or
tory amounts entails an increase in the import tax ;                      granted in one sum, will in future be apportioned
                                                                          between the importer anid the exporter ; whereas if,
Whereas this system leads to increased prices for the                     following this change, difficulties should appear in
products concerned whenever the currency is re­                           relation to contracts entered into under the previous
valued, having regard to the compulsory application                       system, they shall be resolved in the way which is
of parities announced by the International Mone­                          most appropriate having regard to the provisions
tary Fund ; whereas, in fact, the value of the price                      anid general rules of law governing the commercial
in question, as expressed in terms of the currency of                     relations between the traders ;
Member States which have taken the currency
measures under consideration, is increased in rela­
                                                                          Whereas the measures provided for this Regulation
tion to the value expressed in terms of the currency                      are in accordance with the Opinions of all the
of non-member countries ; whereas, in addition, the                       Management Committees for the common organiza­
compensatory amount is imposed at a time of im­                           tion of agricultural markets ;
port ; whereas on the other hand, in the event of a
depreciation of the currency, there is a risk that the
lower level will not be observed ;
                                                                          HAS ADOPTED THIS REGULATION :
Whereas this difficulty can be overcome by a system
which results in the said level being considered as
having already been observed, provided the offer                                                    Article 1
price of the product supplied, after being increased
by an amount reflecting the effect of the currency
                                                                          This Regulation lays down detailed rules for the
situation on the level in question, is not below that?
level ;
                                                                          application of the system of compensatory amounts
                                                                          hereinafter called 'monetary compensatory amounts'
Whereas Article 14 of Council Regulation ( EEC) No                        introduced by Article 1 of Regulation (EEC ) No
805/68 (*) of 27 June 1968 on common organisation                         974/71 .
of the market in beef and veal as last amended by
Regulation ( EEC) No 187/73 (2 ) provides for total                                                 Article 2
suspension of the levy on imports of frozen meat
intended for the manufacture of certain preserved
foods ; in order to allow the Community's processing                      The period referred to in the second subparagraph
industry to be supplied in a satisfactory manner ;                        of Article ( 1 ) ( a), in the second indent of Article
                                                                          2 ( 1 ) (b) and in Article 2a of Regulation (EEC) No
Whereas since compensatory amounts are not                                974/71      shall  run   from    a Wednesday to the
applied for products derived from such meat, the                          following Tuesday. The first period to be taken into
Community processing industry is at a disadvantage                        consideration shall be 14 to 18 May 1973 .
compared to the processing industries of third coun­
tries ; whereas it is therefore necessary to remedy
thiis situation by providing for suspension of the                                                  Article 3
charging of the compensatory amounts applicable to                        The spot market rates against each of the currencies
the meat in question ;                                                    of the Member States who keep their exchange rates
Whereas such suspension should be conditional                             at any given moment within a band of 2-25 °/o shall
upon controls ensuring that processing is carried                         be :
out ; whereas the system provided for in Council                          ( a) for the Italian lira : the mean of the official
Regulation ( EEC) No 888/68 ( 3 ) of 28 June 1968                               rates fixed each working day during official deal­
laying down general rules on special import terns                               ings on the Rome and Milan foreign exchange
for certain frozen meats intended for processing, as                            markets ;
last amended by Regulation ( EEC ) No 2725 /71 (4 )
may be used for this purpose if provision is also                         (b) for the English pound and the Irish pound : the
made for the lodging of a deposit equal to the com­                             average rates recorded at noon on the foreign
pensatory amount ;                                                              exchange markets of the two Member States
                                                                                concerned .
Whereas the change from the present system to that
introduced by Council Regulation ( EEC ) No
 1112/73 ( 5) will mean that the monetary compensa­                                                 Article 4
i1 ) OJ No   L  148 , 28.6 . 1968 , p . 24 .                              1 . A 'monetary' compensatory amount shall be
(2)  OJ  No  L  25 , 30 . 1 . 1973 , p . 23 .                             fixed for each product and for each Member State
(»)  OJ  No  L  156, 4 . 7. 1968 , p . 7.                                 for which the conditions for the application of
(4)  OJ No   L  282 , 23 . 12 . 1971 , p . 5 .
(5 ) OJ  No   L 114 , 30 . 4 . 1973 , p . 4 .                             'monetary' compensatory amounts are fulfilled.
 ---pagebreak---  No L 146/4                           Official Journal of the European Communities                               4. 6 . 73
The ' monetary' compensatory amount shall be                     Member States shall always reduce the 'monetary'
 calculated on the basis of the common price                     compensatory amounts by amounts to be estab­
 reduced where appropriate in accordance with the                lished on the basis of the import price calculated
provisions of the Act of Accession .                             in accordance with Article 10 ( 1 ) of Regulation
                                                                  (EEC) No 805 /68 , and for frozen beef and veal on
The corrective factor provided for in Article 4b of
                                                                 the basis of the world market price established in
 Regulation (EEC) No 974/71 or one of the amounts
                                                                  accordance with Article 13 ( 1 ) (b ) of that Regulation
listed in the Annex to Regulation (EEC ) No                      which shall be communicated to them for this
 1267/73 shall be deducted .
                                                                 purpose. Furthermore, for products mentioned in
                                                                 the Annex to Regulation ( EEC) No 805/68 , the coef­
2.       The  amount    fixed   in  accordance   with the        ficients employed for the calculation of monetary
preceding paragraph shall apply in trade between                 compensatory amounts shall be used .
the Member States and in trade with third coun­
                                                                                         Article 6
tries .
                                                                  1 . In trade with third countries provisions
3.      However, in trade with the new Member                     concerning the granting of export refunds and the
States the ' accession' compensatory amounts and                 charging of customs duties and levies shall apply to
in trade wiith third countries the import charges                'monetary' compensatory amounts. If the 'mon­
expressed in units of account and the refund appli­              etary' compensatory amount to be levied on exporta­
cable to the products referred to in paragraph 1                 tion is higher than the refund or if no refund has
shall be multiplied by a coefficient. For Member                 been fixed, that part of the 'monetary' compensa­
States who keep their exchange rates at any given                 tory amount which exceeds the refund, or the entire
moment within a band of 2-25 °/o, the coefficient                 'monetary' compensatory amount as the case may
shall be :                                                        be, shall fall due on completion of customs export
                                                                 formalities .
Belgium — Luxembourg — Netherlands :                  0-973 ;
                                                                 2.      In trade between Member States, Articles 7
Germany :                      '                      0-928 .    to 15 shall apply.
For the other Member States, the coefficient shall                                       Article 7
be derived from the percentage used to calculate the              1 . The 'monetary' compensatory amount to be
'monetary' compensatory amount and fixed by the                  granted or levied shall be the amount applicable on
Commission at the same time as this amount .
                                                                 the day of exportation or on the day of importa­
4.      Where the levy or refund is to be increased or           tion .
reduced, as the case may be, by the 'accession' and              2.      For the purposes of determining the 'monetary'
'monetary' compensatory amounts and also multi­                  compensatory amount to be granted or levied
plied by a coefficient, the calculation shall be made            on exportation, the day of exportation shall;
as follows :                                                     be the day on which the customs authorities accept
                                                                 the exporter's declaration of his intention to export
( a) the levy or refund shall be reduced or increased ,          to another Member State a Community product to
     as the case may be, by the ' accession ' compensa­          which a 'monetary' compensatory amount is appli­
     tory amount ;                                               cable. Upon such acceptance, the products shall be
                                                                 placed under customs control until they leave the
(b ) the resulting amount shall he multiplied by the             territory of the exporting Member State .
     coefficient ; and
                                                                 Customs export formalities, shall for the purpose of
( c) the amount obtained after multiplication shall,             this Regulation , be regarded as having been
      after conversion into national currency, be                completed when the declaration referred to above
     reduced or increased, as the case may be, by the            has been accepted . The effective date for estab­
       'monetary' compensatory amount.                          lishing the quantity, nature and characteristics of
                                                                 the product exported shall be the date on which
                                                                 customs export formalities are completed .
                          Article 5
                                                                 3.     For the purpose of determining the 'monetary'
                                                                 compensatory amount to be levied or granted on
1.      The Member States shall take the measures                importation , the day of .importation shall be the
necessary to assure that the provisions of Article               date used for determining customs duties and
4 ( a ) (2) of Regulation (EEC ) No 974/71 are                   levies .
observed .                                                                               Article 8
                                                                 1.     No ' monetary' compensatory amount shall be
2.      In the case of application of Article 4 ( a ) (2 ) of    granted or levied in trade between the BLEU and
Regulation ( EEC ) No 974/71 to beef and veal ,                  the Netherlands .
 ---pagebreak---   4. 6. 73                          Official Journal of the European Communities                              No L 146/5
  However, if a Community document proving that a             The proof referred to in the preceding subpara­
  product is eligible for treatment as a Community            graph shall be furnished by production of a control
  product is used in such trade, the preceding subpara­       copy as provided for in Article 1 of Regulation
  graph shall apply only if the document includes one         ( EEC ) No 2315/69 . In the special remarks section,
  of the fallowing entries, authenticated by the stamp        the following shall be completed :
  of the customs office of departure :
                                                                  ( 1 ) Section 101 and 103 ;
 — Montant compensatoire monétaire non appli­
      cable au Benelux'                                           (2) Section 104 by deleting what does not apply
                                                                         and adding one of the following :
 — 'Währungsausgleichsbetrag         im   Benelux   nicht
      anwendbar'                                                          'Intended for entry for        home     use in
                                                                          ( imparting Member State)
 — Monetair compenserend              bedrag   niet  van
      toepassing in de Benelux'.                                         'Destine a être mis à la consommation en
                                                                          (État membre importateur)'
 2. For the purposes of this Regulation, the BLEU                        'Besitemit tiil overgang til forbrug i ( den
 and the Netherlands are considered as a single                          importerende medlemsstat)'
 Member State .
                                                                         'Zum freien Verkehr in (einführender Mit­
                                                                         gliedstaat) bestimmt'
 3 . No 'monetary' compensatory amount shall be
                                                                        'Destinato ad essere immesso in consumo in
 granted or levied in trade between Ireland and the
 United Kingdom.                                                          (Stato membro importatore)'
                                                                          'Bestemd om in het vrije verkeer te worden
 These two Member States will each take the steps                        gebracht in (invoerende lid-staat)'.
 necessary to ensure that the 'monetary' compensa­
 tory amount is levied in arrears where the product               The supetent customs office in the importing
 is not for home use in the other Member State .                  Member State shall complete the space —
                                                                         ' control of use and/or destination ' and add
                                                                         one of the fallowing :
                          Article 9
                                                                         'Montant compensatoire monétaire appli­
 1.     The 'monetary' compensatory amount granted                       cable le ( date de mise à la consommation),
 on exportation shall only be paid upon production                       non octroyé en (État membre importateur)'
 of proof that the product in respect of which
 customs export formalities were completed has left                    'Monetært udligningsbeløb, finder anven­
■the geographical territory of the Member State in                       delse fra den ( datoen for overgang til
 which the formalities were completed.
                                                                         forbrug)    ikke  ydet i    den importerende
                                                                         medlemsstat)'
 2.     The 'monetary' compensatory amount granted                       'Währungsausgleichsbetrag, gültig am (Tag
 on importation shall only be paid on production of                      der Überführung in den freien Verkehr) in
 proof that import formalities have been completed                        (einführender Mitgliedstaat) nicht gewährt'
 and that the duties and the Member State in ques­
 tion have been paid.                                                      Monetary' compensatory amount applicable
                                                                         on (date of entry for home use) not granted
                                                                         in (importing member State)'
                         Article 10
                                                                         ' Importo compensativo monetario applicabile
                                                                         il ( data d'immissione al consumo) non
 1.     Where a Member State wishes to exercise the                      concesso in (Stato membro importatore)'
 option referred to in Article 2a of Regulation (EEC)
 No 974/71 , it shall inform the Commission of its                      'Monetair compenserend bedrag van toe­
 intentions after it has obtained the agreement of the                   passing op ( datum van invoer tot verbruik)
 importing Member State. The Commission in turn                          niet toegekend in ( invoerende lid-staat)'.
 shall inform the other Member States .                       3.     Where Article 3 of Regulation ( EEC ) No
                                                              974/71 applies, the Commission shall alter the
 2.     Payment    of   the    'monetary'   compensatory      exchange rate to be used for the purpose of
 amount by the exporting Member State, which                  applying Article 2a of that same Regulation .
 should be granted by the importing Member State,             4. If after having had recourse to the provisions
 shall be conditional upon proof that customs                 of Article 2a of Regulation (EEC) No 974/71 an
 import formalities have been completed and that             exporting or importing Member State wishes to
 the duties and charges having equivalent effect,             abandon its application, it first informs the other
 payable in the importing Member State have been             Member State concerned and the Commission,
 charged.                                                    which informs the remaining Member States.
 ---pagebreak---    No L 146/6                        Official Journal of the European Communities                                 4. 6 . 73
                          Article 11                              2.     Where the products referred to in paragraph 1
                                                                  are not entered for home use immediately upon
  1 . The compensatory amount shaW be levied or                   arrival at the office of destination, that office shall
  granted only on products which are in free circula­             take the necessary measures to ensure that when the
  tion within the Community. Where the products                  product its entered for home use paragraph 1 of this
  involved are composite products or are goods for               Article, and in particular, the provisions of Article
  which a compensatory amount is fixed, by reference              11 (3 ) of Regulation (EEC) No 648/73 , are applied.
 to one or more of their components, the compensa­
  tory amount shall be applicable to such components
 if they satisfy the conditions laid down in the                                           Article 16
 preceding sentence.
                                                                  1.     With respect to :
 2.    No compensatory amount shall be granted on                ( a) pigmeat, eggs, poultrymeat and albumines ;
 products which are not of sound, fair and market­
                                                                      the sluice-gate prices ;
 able quality or for products which are intended for
 human consumption whose characteristics or state                ( b) milk and milk products : the value free-at-
 render them wholly or practically unsuitable for that                frontier of products falling within subheadings
 purpose .                                                            04.04 E I b ) 2, 04.04 E I b ) 3 and 04.04 E I b ) 4 ;
                                                                 ( c) wine : the reference prices, are considered to
                         Article 12                                   have been observed at the time of importation
                                                                      from third countries if, for the product in ques­
                                                                      tion, the offer price in the case of appreciation
 Where a 'monetary' compensatory amount is levied                     of the currency of the importing Member State ;
 on exportation, it shall fall due on completion of
 customs export formalities.                                          increased, or in the case of depreciation of that
                                                                      currency reduced
                         Article 13                                   — by the amount referred to in paragraph 2
                                                                           and increased
 Payment of 'monetary' compensatory amounts to be                     — in the case of wine, by the customs duties is
granted shall be made only on receipt of a written                         not less than the sluice-gate price, the refer­
 application from the person concerned. Member                             ence price on the value free-at-frontier in
 States may draw up a special form for this purpose .                      question .
                        Article 14
                                                                2.      The amount referred to in the first indent of
                                                               paragraph 1 .is obtained by multiplying the sluice­
                                                               gate price, the value free-at-frontier as the reference
The application for payment of a 'monetary' compen­            price in question by a coefficient corresponding to
 satory amount must be submitted, save in cases of              the percentage of appreciation or depreciation of
force majeure, within the six months following the              the currency of the importing Member State.
date of completion of customs formalities ; other­
wise it shall be rejected .
                                                                                         Article 17
                        Article IS                             1.      The compensatory amount charged on imports
                                                               from third countries is suspended for the products
                                                               falling within subheadings 02.01 A II a) 2 bb) and
1 . Products for which the customs export formali­             02.01 A II a ) 2 dd) 22 of the Common Customs
ties were completed before the date of entry into              Tariff, intended for the manufacture of the
force of this Regulation and which are entered for             preserves referred to in paragraph 2, first sentence,
home use in another Member State after that date
                                                               at the end of Article 14 of Regulation (EEC) No
shall remain subject to Regulation ( EEC) No 648/73            805 /68 .
and 649 /73 .
                                                               2.      The provisions of Article 1 of Regulation
Where, under those Regulations, a 'monetary '                  (EEC) No 888/68 are applicable to the suspension
compensatory amount is to be levied in the Member              provided for in the preceding paragraph. However,
State in which the product is entered for home use,            the amount of the security in relation to the
the applicable amount shall be that in force on 3              compensatory amount is equal to the suspensatory
June 1973 .                                                    amount in force on the day of importation .
 ---pagebreak--- 4 . 6 . 73                         Official Journal of the European Communities                      No L 146/7
                       Article 18                                                   Article 19
Regulation (EEC) No 638/73 is repeated with the               This Regulation shall enter into force on 4 June
exception of the provisions of Article 15 thereof.            1973 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 30 May 1973 .
                                                                      For the Commission
                                                                          The President
                                                                     François-Xavier ORTOLI