CELEX: 31973R0233
Language: en
Date: 1973-01-31 00:00:00
Title: Regulation (EEC) No 233/73 of the Council of 31 January 1973 laying down the general rules for the system of compensatory amounts for milk and milk products

1 . 2 . 73                                Official Journal of the European Communities                          No L 28 /37
                                   REGULATION (EEC) No 233/73 OF THE COUNCIL
                                                        of 31 January 1973
               laying down the general rules for the system of compensatory amounts for milk and
                                                           milk products
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Whereas, pursuant to Article 86 ( 1 ) of the Act, for
                                                                     pilot products other than butter, the compensatory
Having regard to the Treaty establishing the                         amount applicable until the first move towards
European Economic Community ;                                        alignment shall - be determined on the basis of the
                                                                     difference between the representative market price
                                                                     level of the new Member State concerned and the
Having regard to the Treaty (*) concerning the                       representative market price level of the Community
Accession of new Member States to the European                       as originally constituted over a period prior to 1
Economic Community and the European Atomic                           February 1973 ; whereas, however, if these provisions
Energy Community signed at Brussels on 22 January                    cannot be applied or if their application results in
1972, and in particular to Article 62 ( 1 ) of the Act               compensatory amounts leading to abnormal price
annexed thereto (2) ;                                                relationships, the compensatory amount is to be
                                                                     calculated, pursuant to paragraph 3 of that Article on
Having regard to the proposal from the Commission ;                  the basis of the compensatory amount applicable for
                                                                     butter; whereas, for the pilot products other than
                                                                     those in Groups 1 and 12, this condition is satisfied
Whereas Articles 51 and 52 of the Act provide that
for the new Member States prices will be fixed at                    as regards trade with the United Kingdom;
levels different from the common prices ; whereas,
pursuant to Article 55 of the Act, the differences in                Whereas, pursuant to Article 87 ( 1 ) of the Act, the
price levels are to be compensated by compensatory                   compensatory amount applicable for one or more
amounts ;                                                            products falling within Common Customs Tariff
                                                                     heading No 04.01 shall be fixed on the basis of the
Whereas pursuant to Article 85 of the Act, Articles 5 1              difference between market prices if a system
and 52 shall apply to the intervention prices for                    providing for a different valuation of milk according
                                                                     to its use existed in a new Member State before
butter and skimmed-milk powder; whereas, however,
pursuant to Article 1 ( a) (2) of Council Regulation                 accession, and if the application of Article 86 of the
(EEC) No 647/72 (3) of 30 March 1972 fixing the                      Act leads to difficulties on the market; whereas these
                                                                     conditions are satisfied for milk and cream intended
target price for milk and the intervention prices for
butter, skimmed-milk powder and Grana padano and                     for direct consumption in the United Kingdom ;
Parmigiano Reggiano cheeses for the 1972/73 milk                     whereas Article 87 ( 1 ) should be applied in those
year       as amended         by    Regulation     (EEC)    No       instances in order to avoid distortions of competition,
2715 /72 ( 4), the common intervention price is to                   this entails the fixing of the compensatory amounts
apply in all the new Member States to skimmed-milk                   applicable to other products falling within Common
powder from 1 February 1973 ; whereas, accordingly,                   Customs Tariff heading No 04.01 pursuant to
it will not be necessary to fix a compensatory amount                Article 87 (2) of the Act;
for skimmed-milk powder.
                                                                     Whereas pursuant to Article 55 (4) of the Act no
Whereas pursuant to Article 55 (2) of the Act, the                   compensatory amount shall be fixed if the
compensatory amounts for butter applicable in trade                  application of the aforementioned provisions results
between the Community as originally constituted and                  in a minimal amount ;
the new Member States, and between those States
and third countries, shall be equal to the difference
                                                                     Whereas , pursuant to Article 55 (3 ) of the Act the
between the prices fixed for the new Member State
                                                                     compensatory amounts applicable in trade between
concerned and the common prices ;
                                                                     the new Member States shall be determined by direct
                                                                     reference to the compensatory amounts fixed for each
                                                                     of those States ;
 (») OJ No L 73 , 27 . 3 . 1972, p . 5 .
 (2) OJ No L 73 , 27. 3 . 1972, p . 14.
(3)  OJ No L 79, 1 . 4. 1972, p. 2.                                  Whereas the purpose of compensatory amounts in
(4)  OJ No L 291 , 28 . 12 . 1972, p. 17.                             trade within the Community is to allow the
 ---pagebreak--- No L 28 /38                            Official Journal of the European Communities                                 1 . 2. 73
movement of goods to take place in satisfactory                   Member States, and in trade between those States
conditions between two Member States in which                     and third countries, in respect of the pilot products
there are different price levels, a compensatory                  listed in Annex I of Regulation (EEC) No 823 /68 (3)
amount should be levied upon imports into a                       and in respect of products falling within Common
Member State which has a higher level of prices and,              Customs Tariff heading No 04.01 shall be as shown
conversely, should be granted in respect of exports to            in the Annex.
a Member State where the level of prices is lower;
                                                                  Notwithstanding Article 55 (3 ) of the Act, Ireland
Whereas, Article 55 ( 1 ) ( a) of the Act, under which            shall grant on exports from Ireland to the United
the compensatory amounts shall be levied by the                   Kingdom of products falling within subheading ex
importing Member State or granted by the exporting                04.01 B of the Common Customs Tariff intended for
Member State, implies that henceforth these amounts               consumption in the United Kingdom with a fat
are to be levied or granted by the Member State in                content by weight
which the level of prices is higher;
                                                                  — of not less than 18 % but less than 20 % in
Whereas, if in trade between a new Member State                        immediate packing of a net capacity of less than
and third countries the compensatory amount must                       or equal to 2 litres, a compensatory amount of 12
be deducted from the refund and if the refund is less                  units of account per 100 kilogrammes net weight;
than the compensatory amount or is not fixed,
appropriate measures must be taken to avoid                       — of not less than 48 % but less than 57 % in metal
deflections of trade;                                                  containers with a net content equal to or greater
                                                                       than 45-460 litres ( 10 gallons ) intended for
Whereas, in order to avoid deflections of trade in                     consumption in the United Kingdom after
special milk for infants, in Emmental cheeses,                         packaging in small packages, a compensatory
processed cheeses, Glaris herb cheeses, Tilsit,                        amount of 32 units of account per 100
Kashkaval and other sheep and buffalo cheeses,                         kilogrammes net weight.
appropriate measures should be taken to ensure that
such products, when imported from a third country,
are not re-exported to another Member State with                  2.     In trade between*
entitlement to the compensatory amount fixed for
trade between the two Member States concerned ;                   — the Community as originally constituted and the
                                                                       new Member States the compensatory amounts
Whereas detailed rules must be laid down for the                       shall be applied by the Member States of the
levying or granting of compensatory amounts in such                    Community as originally constituted ;
manner as to avoid deflections of trade, which might
be engendered by the difference in the level of these             — the new Member States, the compensatory
amounts ;                                                              amounts shall be applied by the Member State in
                                                                       respect of which the compensatory amount in
Whereas butter from public stocks which is the                         trade with the Community as originally
                                                                       constituted is the lowest;
subject of special measures taken in pursuance of
Article 7a of Council Regulation (EEC) No 985/68 (*)
of 15 July 1968 laying down general rules for                     — the new Member States and third countries,
intervention on the market in butter and cream, as                     compensatory amounts shall be deducted from the
last amended by Regulation (EEC) No 2714/72 (2), is                    import levy and from the refund.
sold at special prices ; whereas it can be inappropriate
in certain cases for these compensatory amounts to                However,
be applied in respect of such butter;
                                                                  as regards products falling within Common Customs
HAS ADOPTED THIS REGULATION :
                                                                  Tariff subheading 04.01 A II a), in trade between the
                                                                  United Kingdom and
                         Article 1
                                                                  — the other Member States, the compensatory
                                                                       amount shall be applied by the United Kingdom ;
1.    The compensatory amounts to be applied up to
the end of the 1972/73 milk year in trade between the
                                                                  — third countries, the compensatory amount shall be
Community as originally constituted and the new                         added to the import levy and to the refund.
 (J) OJ No L 169, 18. 7. 1968, p. 1 .
 H OJ No L 291 , 28 . 12. 1972, p . 15 .                           (3) OJ No L 151 , 30. 6. 1968 , p. 3 .
 ---pagebreak---   1 . 2 . 73                           Official Journal of the European Communities                           No L 28/39
 3 . In trade between the Community as originally                                        Article 4
 constituted and the new Member States, and in trade
 between the latter, in the following products falling            Where for a particular product, a compensatory
 under the Common Customs Tariff:                                 amount is fixed which is to be deducted from the
       04.02 B lb)                                                refund on exports to third countries, and the refund
       04.04 A II                                                 is less than the compensatory amount, or no refund is
       04.04 D II                                                 applicable, a levy may be charged, when the
 ex 04.04 E               Glaris herb cheeses ('Schab­            particular product is exported from the new Member
 ex 04.04 E I b ) 5       ziger') Tilsit, Kashkaval, sheep        State in question to third countries, of an amount not
                          or buffalo cheeses in receptacles       exceeding the difference between the compensatory
                          containing brine or in sheep or         amount and the refund ; or, where applicable, the
                          goat-skin pouches,                      compensatory amount.
 it may be provided that the compensatory amount
 fixed for trade in such products shall only be granted                                  Article 5
 on proof that the product in question is of
 Community origin .                                               It may be decided that the compensatory amounts
                                                                  provided for in the Act are not to apply to butter
                                                                  sold in pursuance of Article 7a of Regulation (EEC)
                          Article 2                               No 985 /68 .
 1 . For the milk products not referred to in Article
 1 ( 1 ), the compensatory amounts applicable until the                                  Article 6
 first move towards alignment of prices shall,
 pursuant to Article 86 (2) and (3 ) of the Act, be fixed
 in accordance with the procedure laid down in                    1 . The detailed rules for the granting, levying, and
 Article 30 of Regulation (EEC ) No 804/68 (*).                   collection of compensatory amounts to be made, in
                                                                 particular in order to prevent deflections of trade,
                                                                  shall be adopted in accordance with the procedure
 2. The Commission is authorized to publish the                   laid down in Article 30 of Regulation (EEC) No
 compensatory amounts as fixed in the Annex                       804/68 .
 together with the compensatory amounts fixed in
 pursuance of paragraph 1 .
                                                                 2. The detailed rules for applying this Regulation
                                                                  and in particular the measures to be adopted
 3.       All compensatory amounts applicable from the           pursuant to Article 87 (2) of the Act, when this
 first move towards ' alignment shall, pursuant to               proves necessary, shall be laid down in accordance
 Articles 86 and 87 of the Act, be fixed in accordance           with the same procedure.
 with the procedure laid down in Article 30 of
 Regulation (EEC) No 804/68 .
                                                                                         Article 7
                         Article 3
                                                                 This Regulation shall enter into force on the day of
The compensatory amount applied shall be that                    its publication in the Official Journal of the
 applicable on the day of importation or exportation .           European 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
(*) OJ No L 148, 28. 6. 1968, p. 13.
 ---pagebreak--- No L 28/40                                Official Journal of the European Communities                                              1 . 2 . 73
                                                                   ANNEX
               Compensatory amounts applicable in trade between the Community as originally constituted
                               and the new Member States and between the latter and third countries
            A. Pilot products within the meaning of Annex 1 to Regulation (EEC) No 823/68
                                                                                        u.a./100 kg
                                                                                        Trade with
                                                              Denmark                     Ireland              United Kingdom
                              Group     1                        —                           —                       —
                              Group 2                            —                           —                       —
                              Group 3                            5-54                       9-79                   34-86
                              Group 4                            1-60                       2-83                    10-06
                              Group 5                            1-92 (»)                   3-39 (*)                12-07 (*)
                              Group 6                          17-47                       30-89                  109-94
                              Group 7                            6-07                      10-74                   38-21
                              Group 8                            6-07                      10-74                   38-21
                              Group 9                            4-56                       8-06                   28-69
                              Group 10                           6-07                      10-74                   38-21
                              Group 11                           6-07                      10-74                   38-21
                              Group 12                           —                          —                        —
           (*) The compensatory amount for 100 kg net weight of product falling within this subheading is equal to the sum of
               the following components :
               ( a) the amount shown ;
               (b) an additional amount for each percentage Unit constituting the sucrose content of 100 kg net weight of product
                    equal to the compensatory amount applicable to 1 kg of white sugar in trade between the Community as originally
                    constituted and the new Member States and between the latter and third countries.
 ---pagebreak--- 1 . 2. 73                              Official Journal of the European Communities                                                 No L 28/41
          B. Products falling within heading No 04.01
                                                                                        Compensatory amounts in u.a./ lOO kg
                                                                                        net weight (unless otherwise indicated)
                CCT
               heading                           Description                                          Trade with
                 No
                                                                                    Denmark            Ireland       United Kingdom
                04.01           Milk      and      cream,    fresh ,   not
                                concentrated or sweetened :
                                A. Of a fat content, by weight,
                                    not exceeding 6 % :
                                       I. Yoghourt, kephir, curdled
                                           milk, whey, buttermilk
                                           and other fermented or
                                           acidified milk :
                                           — "Whey
                                           — Other, of a fat content,
                                               by weight:
                                              — Not exceeding 1 %
                                               — Exceeding 1 %                        0-87              1-39              4-96
                                     II. Other:
                                           a) In immediate packings
                                               of a net capacity of 2
                                               litres or less                        0-87               1-39              1-53
                                           b) Other, of a fat content,
                                               by weight:
                                              — Not exceeding 1 %
                                              — Exceeding 1 % but
                                                    not exceeding 2 %                0-35               0-57              2-01
                                              — Exceeding 2 % but
                                                    not exceeding 3 %                0-59               0-94              3-35
                                              — Exceeding 3 % but
                                                    not exceeding 4 %                0-87               1-39              4-96
                                              — Exceeding 4 % but
                                                    not exceeding 5 %                1-05               1-70              6-03
                                              — Exceeding 5 %                        1-29               2-07              7-37
                                B. Other, of a fat content, by
                                    weight, exceeding 6 % :
                                    — In immediate packings of a
                                         net capacity of 2 litres or
                                         less                                     0-2343 0           0-3767 (*)        0-9730 (x)
                                    — Other                                       0-2343 f 1)        0-3767 0          1-3407 f1)
          (*) The compensatory amount for 100 kg net weight of product falling within this subheading is equal to the amount shown
              multiplied by the weight of milk fats contained in 100 kg of finished product.