CELEX: 31973R0228
Language: en
Date: 1973-01-31 00:00:00
Title: Regulation (EEC) No 228/73 of the Council of 31 January 1973 laying down general rules for the system of compensatory amounts for fruit and vegetables

No L 27/20                             Official Journal of the European Communities                                     1.2 . 73
                                 REGULATION (EEC) No 228/73 OF THE COUNCIL
                                                      of 31 January 1973
                       laying down general rules for the system of compensatory amounts for fruit
                                                        and vegetables
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         regards apples relate to specific varieties ; whereas
                                                                   compensatory amounts based on those prices can,
                                                                   therefore, be applied only to those varieties and to
Having regard to the Treaty concerning the                          varieties which are regarded in the trade as being
Accession of new Member States to the European                     substantially the same ; whereas, for other varieties,
Economic Community and the European Atomic                         two other groups should be specified and different
Energy Community (1 ), signed at Brussels on 22                    compensatory amounts should be fixed, obtained by
January 1972, and in particular Article 62 ( 1 ) of the            applying conversion factors to the abovementioned
Act annexed thereto ;                                              amount; whereas these conversion factors may be
                                                                   fixed at a standard rate of 0-70 units of account for
Having regard to the proposal from the Commission ;                Group II and 0-45 units of account for Group III ;
Whereas Article 65 of the Act provides that, under                 Whereas Article 55 (4) of the Act further provides
the conditions laid down- in paragraph 1 of that                   that no compensatory amount shall be fixed where
Article, a compensatory amount shall be fixed for                  calculations result in a minimal amount;
fruit and vegetables ;
                                                                   Whereas the last subparagraph of Article 66 ( 1 ) of
Whereas under Article 66 of the Act, until the first               the Act provides that the differences between the
move towards alignment, the compensatory amount                    prices referred to shall be adjusted, to the extent
applicable, when the conditions referred to in Article             necessary, by the incidence of customs duties ;
                                                                   whereas      the  authorities   of the     Member      States
65 ( 1 ) are fulfilled, in trade between a new Member
State in the Community as originally constituted                   competent to grant or levy compensatory amounts
another new Member State or a third country shall                  should make the adjustment by increasing or
be equal to the difference between the producer                    reducing, as the case may be, the compensatory
prices in the new Member States and the common                     amount by the amount of customs duties levied ;
basic prices ; whereas, however, in trade between two              whereas, however, for imports from third countries,
new Member States in which the conditions referred                 the adjustment is made by applying to the
to in Article 65 ( 1 ) are fulfilled, the amount is equal          compensatory amount the difference between the
to the difference between their respective producer                Common Customs Tariff Duty and the duty levied
prices ;                                                           by the importing Member State ;
Whereas it is not appropriate to take into account the             Whereas it should be provided that the detailed rules
seasonal changes of the producer prices in the new                 for levying and granting compensatory amounts shall
Member States and of the common basic prices ;                     be such as to avoid deflection of trade which might
whereas it seems appropriate, consequently, to                     be caused by any difference in the level thereof;
consider the difference between the producer prices
in two new Member States as being equal to the
difference between the compensatory amounts that                   HAS ADOPTED THIS REGULATION :
each of them applies in trade with the Community as
originally constituted ;                                                                    Article 1
Whereas the application of the foregoing criteria
indicates that for apples and pears the compensatory               The compensatory amount for fruit and vegetables
amounts are to be fixed as shown in Annex I to this                shall comprise two components :
Regulation ;                                                       ( a ) the basic compensatory amount, hereinafter
                                                                         called the 'basic amount', calculated in
Whereas both the common basic prices and the                              accordance    with     the   first     and     second
producer prices notified by the new Member States as                      subparagraphs of Article 66 ( 1 ) of the Act ;
                                                                   ( b) the amount of the customs duties referred to in
(*) OJ Special Edition, 27. 3 . 1972, p. 5.                               subparagraph 3 of Article 66 ( 1 ) of the Act.
 ---pagebreak---  1 . 2 . 73                            Official Journal of the European Communities                           No L 27/21
                           Article 2                              — reduced, if the first duty is lower than the second,
                                                                      by the amount of that difference.
1.       The   basic     amounts     applicable   until  31
December 1973 in trade between a new Member
State and the Community as originally constituted,                                        Article 6
other new Member States and third countries in
apples other than cider apples (subheading ex 08.06               Where the compensatory amount is granted by a new
A II of the Common Customs Tariff) and pears other                Member State for a product exported to another new
than perry pears (subheading ex 08.06 B II of the                 Member State or to the Community as originally
Common Customs Tariff), are fixed in Annex I.                     constituted, the competent authorities of the
These amounts shall apply only to products which                  exporting Member State shall by way of
are intended to reach the customer fresh .                        compensatory amount grant an amount equal to the
                                                                  basic amount increased by the sum charged by way
2. The groups of apple varieties to which the basic               of customs duties in the importing Member State.
amounts relate are specified in Annex II.
                                                                                          Article 7
                           Article 3
Where subsequent compensatory amounts are fixed,                  For exports to third countries the exporting new
the basic amounts shall be reduced by progressive                 Member State shall by way of compensatory amount
stages as provided in Article 66 (2) of the Act.                  grant an amount equal to the basic amount.
                           Article 4                                                      Article 8
Where the compensatory amount is levied by a new
Member State on a product coming from another                     The compensatory amount applicable shall be that-in
new Member State or from the Community as                         force on the day of importation or exportation .
originally constituted, the competent authorities of
the importing Member State shall by way of                                                Article 9
compensation amount levy an amount equal to the
basic amount reduced by the sum charged by way of                 The detailed rules for granting, levying and
customs duties .
                                                                  recovering compensatory amounts shall be such as to
                                                                  avoid deflection of trade and shall be adopted in
                           Article 5                              accordance with the procedure laid down in Article
                                                                  33 of Regulation (EEC) No 1035 /72 (*). The detailed
Where a product is imported into a new Member                     rules for the application of this Regulation and any
State from a third country, the competent authorities             revision of the classification in Annex II by reference
of the importing Member State shall by way of                     to the varietal composition of products traded in
compensatory amount levy an amount equal to the                   shall be adopted in accordance with the same
basic amount :
                                                                  procedure.
— increased, if the first duty is higher than the
      second, by the amount of the difference between                                    Article 10
      the duty under the Common Customs Tariff and
      the duty applicable in the Member State in                  This Regulation shall enter into force on the day of
      respect of products coming from third countries ;           its publication in the Official Journal of the
      or                                                          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
                                                                  H OJ No L 118, 20. 5. 1972, p. 1 .
 ---pagebreak--- No L 27/22                         Official Journal of the European Communities                                       1 . 2 . 73
                                                          ANNEX I
                                                    BASIC AMOUNTS
           A. Applicable in respect of apples other than cider apples for delivery fresh to the consumer
           1 . By Denmark
                                                                                  Amounts in u. a. / 100 kg net
                Trade with                   Period of application
                                                                               Group I     Group II        Group III
           Third countries     From 1 January to 31 March and
                               from 1 August to 31 December                     4 -9         3-4              2-2
           EEC as originally   From 1 January to 31 March and
           constituted         from 1 August to 31 December                      4-9         3-4              2-2
           Ireland             From 16 February to 31 March                      4-9         3-4              2-2
           2. By Ireland
                                                                                  Amounts in u. a. / 100 kg net
                 Trade with                  Period of application
                                                                               Group I     Group II        Group III
           Third countries     From 1 January to 15 February and
                               from 1 August to 31 December                     10-3         7-2              4-6
           EEC as originally    From 1 January to 15 February and
           constituted         from 1 August to 31 December                     10-3         7-2              4-6
           Denmark              From 1 January to 15 February and
                               from 1 August to 31 December                       5-4         3-8             2-4
           3 . By the United Kingdom
                                                                                  Amounts in u.a./ 100 kg net
                 Trade with                   Period of application
                                                                               Group I     Group II         Group III
           Third countries      From 1 January to 31 March and
                                from 1 August to 31 December                     100          7-0             4-5
           EEC as originally    From 1 January to 31 March and
           constituted          from 1 August to 31 December                     10-0         7-0              4-5
           Denmark              From 1 January to 31 March and
                                from 1 August to 31 December                      5-1         3-6              2-3
           Ireland              From 16 February to 31 March                     10-0         7-0              4-5 .
 ---pagebreak--- 1 . 2 . 73                        Official Journal of the European Communities                                No L 27/23
           B. Applicable in respect of pears other than perry pears for delivery fresh to the consumer
           1 . By Denmark
                Trade with                   Period of application               Amounts in u.a. / 100 kg net
           Third countries     From 1 August to 31 December                                 5-7
           EEC as originally   From 1 August to 31 December                                 5-7
           constituted
           Ireland             From 1 August to 31 December                                 5-7
           United Kingdom      From 1 August to 31 August                                   5-7
           2. By the United Kingdom
                Trade with                  Period of application                Amounts in u.a. / 100 kg net
           Third countries     From 1 January to end February and
                               from 1 September to 31 December                              6-9
           EEC as originally   From 1 January to end February and
           constituted         from 1 September to 31 December                              6-9
           Ireland             From 1 January to end February and
                               from 1 September to 31 December                              6-9
           Denmark             From 1 January to end February                               6-9
                               From 1 September to 31 December                              1-2
 ---pagebreak--- No L 27/24                                 Official Journal of the European Communities                                     1 . 2 . 73
                                                                     ANNEX 11
                                               CLASSIFICATION OF APPLE VARIETIES
           GROUP I (»)
           Golden Delicious, Red Delicious, Richared, Stark Delicious, Starking, Starkrimson, Transparente
           jaune (Klarapfel), James Grieve, Belle de Boskoop, Stayman Winesap, Staymanred, Black Wine­
           sap, Granny Smith, Dunn's Seedling, King Cole, Cleopatra, Democrat, Yellow Newton, Crofton,
           Ingrid Marie, Sturmer, Laxton's superb, Scarlet pearmain, White winter pearmain, Geeveston
           Fanny, Tydeman's Early, Worcester, Benoni, Stark Earliest, Winston, Reinette du Canada,
           Berlepsch, Annurca, Lodi, Gravensteiner, Miller's Seedling, Worcester pearmain, different
           Cox's varieties other than Cox's pomona and mutations of the above varieties.
           GROUP II
           Varieties other than those in Groups I and III.
           GROUP III
           Abbondanza (Belfort), Rambour d'hiver, Brettacher, Horneburger, Krügers Dickstiel, Kirchen­
           werder, Finkenwerder, Winter banana, Limoncella, Commercio, Reinette clochard, Ontario,
           Reinette du Mans, Lemoenapfel, Bramley's Seedling (Triomphe de Kiel), Pella, Cox's pomona
           and mutations of the above varieties.
           (1 ) Apples of Quality Class II in packings not bearing the name of the variety, and apples of Quality Class III
                in so far as this latter applies , shall also be considered to fall within this group .