31967R0122

Official Journal of the European Communities 55

19.6.67 OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES 2293/67

REGULATION No 122 /67/EEC OF THE COUNCIL of 13 June 1967 on the common organisation of the market in eggs

THE COUNCIL OF THE EUROPEAN ECONOMIC the external frontiers of the Community, this system COMMUNITY, to include levies^ and export refunds ;

Having regard to the Treaty establishing the Euro­ Whereas to achieve this aim it should as a general pean Economic Community, and in particular rule be sufficient to introduce, in respect of imports Articles 42 and 43 thereof; from third countries, levies which take account of the incidence on feeding costs of the difference between Having regard to the proposal from the Commission; prices for feed grain within the Community and on the world market, and of the need to protect the Having regard to the Opinion of the European Par­ Community processing industry; liament1 ; Whereas it is necessary to avoid disturbances on the Whereas the operation and development of the com­ Community market caused by offers made on the mon market in agricultural products must be accom­ world market at abnormally low prices ; whereas to panied by the establishment of a common agricultural this end sluice-gate prices should be fixed and levies should be increased by an additional amount when policy to include in particular a common organisa­ tion of agricultural markets which may take various free-at-frontier offer prices are lower than these forms depending on the product; prices ;

Whereas Regulation No 212 provided that the com­ Whereas provision for granting a refund on exports mon organisation of the market in eggs should be es­ to third countries equal to the difference between tablished progressively from 1962 ; whereas the main prices within the Community and on the world mar­ feature of the market organisation thus established is ket would serve to safeguard Community partici­ a system of levies to be applied in trade between pation in international trade in eggs ; Member States and with third countries, calculated with particular reference to prices for feed grain ; Whereas, in addition to the system described above, and to the extent necessary for its proper working, Whereas the introduction on 1 July 1967 of a single provision should be made for regulating or, when the price system for cereals within the Community leads situation on the market so requires, prohibiting the to the establishment of a single market in eggs on use of 'inward processing arrangements'; that date ; Whereas the levy system makes it possible to dispense Whereas the aim of the common agricultural policy is with all other protective measures at the external to attain the objectives set out in Article 39 of the frontiers of the Community ; whereas, however, the Treaty; whereas, in the eggs sector, in order to stabil­ levy machinery may, in exceptional circumstances, ise markets and to ensure a fair standard of living prove defective ; whereas, in such cases, so as not to for the agricultural community concerned, provision leave the Community market without defence against should be made for measures to facilitate the adjust­ disturbances which may arise therefrom after the im­ port barriers which existed previously have been re­ ment of supply to market requirements ; moved, the Community should be enabled to take all necessary measures without delay; Whereas the creation of a single market for eggs in­ volves the introduction of a single trading system at Whereas the establishment of a single market in eggs involves the removal at the internal frontiers of the 1 OJ No 103, 2.6.1967, p. 2084/67. Community of all obstacles to the free movement of 2 OJ No 30, 20.4.1962, p. 953/62. the goods in question ;

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Whereas the establishment of a single market would 2. For the purposes of this Regulation : be jeopardised by the granting of certain aids ; whereas, therefore, the provisions of the Treaty which ( a) 'eggs in shell' means poultry eggs in shell, fresh allow the assessment of aids granted by Member or preserved, other than eggs for hatching speci­ States and the prohibition of those which are incom­ fied in (b); patible with the common market should be made to apply to eggs ; (b) 'eggs for hatching' means, poultry eggs for Whereas the transition from the system provided in hatching; Regulation No 21 to that established by this Regula­ tion should be effected as smoothly as possible ; (c) 'whole products' means poultry eggs not in shell, whereas products marketed during the first weeks suitable for human consumption ; following the date on which this Regulation begins to — fresh or preserved, sweetened or not; apply will have been obtained from cereals purchased at the national prices ruling in the producing country — . dried, sweetened or not; before that date and differing from the common prices ; whereas, therefore, the production costs of (d) 'separated products' means poultry egg yolks, such products will still be influenced by differences suitable for human consumption : between the national prices for cereals ruling before that date, and between these prices and the common — fresh or preserved, sweetened or not; prices ; whereas differences in production costs may lead to certain disturbances in trade between Member — dried, sweetened or not; States and with third countries ; whereas, in order to avoid such disturbances, provision should be made (e) a 'quarter' means a period of three months begin­ for intra-Community levies and supplementary levies ning 1 February, 1 May, 1 August or 1 Novem­ ber. in respect of third countries on imports of the prod­ ucts in question for a certain transitional period ; whereas, moreover, other transitional measures may Article 2 prove necessary to facilitate the transition from the system provided in Regulation No 21 to the system 1 . In order to encourage action by trade and joint established by this Regulation; trade organisations to facilitate the adjustment of supply to market requirements, with the exception of Whereas the common organisation of the market in action relating to withdrawal from the market, the eggs must take appropriate account, at the same time, following Community measures may be taken in re­ of the objectives set out in Articles 39 and 110 of the spect of the products listed in Article 1 ( 1 ): Treaty ; — measures to promote better organisation of pro­ Whereas, in order to facilitate implementation of the duction, processing and marketing; proposed measures, a procedure should be provided for establishing close co-operation between Member — measures to improve quality ; States and the Commission within a Management Committee; — measures to permit the establishment of short­ and long-term forecasts on the basis of the means of production used ; HAS ADOPTED THIS REGULATION : — measures to facilitate the recording of market price trends . Article 1 General rules concerning these measures shall be adopted in accordance with the procedure laid down 1 . The common organisation of the market in eggs in Article 43 (2) of the Treaty. shall cover the following products :

2. For one or more of the products listed in Article CCT heading Description of goods 1 ( 1 ), marketing standards shall be adopted. These No standards may relate in particular to grading by qual­ ity and weight, packaging, storage, transport, presen­ (a) ex 04.05 A Poultry eggs in shell, fresh or pre­ tation and marking. served Standards, their , scope and the general rules for their (b) ex 04.05 B I Poultry eggs not in shell and egg application shall be aclopted by the Council, acting in yolks, suitable for human consump­ accordance with the voting procedure laid down in tion, fresh, preserved, dried or sweet­ ened Article 43 (2) of the Treaty on a proposal from the Commission.

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Article3¶

A levy, fixed in advance for each quarter in accord­ 1 . As regards the products listed in Article ance with the procedure laid down in Article 17, shall 1 ( 1 ) (b), the levy shall be derived from the levy on be charged on imports into the Community of the eggs in shell as follows : products listed in Article 1 ( 1 ). — in respect of whole products, on the basis of the quantity of eggs in shell used in the manufacture Article 4 of one kilogramme of such products ;

— in respect of separated products, on the basis of 1 . The levy on eggs in shell shall be composed of: the quantity of eggs in shell used in the manufac­ ture of one kilogramme of such products and of ( a) one component equal to the difference between the average ratio between the market values of prices within the Community and on the world the egg constituents . market for the quantity of feed grain required for the production in the Community of one kilo­ 2. The coefficients expressing the quantities and gramme of eggs in shell. the ratio mentioned in paragraph 1 shall be fixed in The prices for feed grain within the Community accordance with the procedure laid down in Article shall be determined once a year for a period of 17. The information used in fixing the coefficients twelve months beginning 1 August, on the basis shall be reconsidered at least once a year. of the threshold prices for such grain and the monthly increase thereof. Article 6 The prices for feed grain on the world market shall be determined quarterly on the basis of the When a substantial price rise is recorded on the Com­ prices for such grain for the six months pre­ munity market and this situation is likely to continue, ceding the quarter during which the said com­ thereby disturbing or threatening to disturb the mar­ ponent is calculated. ket, the necessary measures may be taken.

However, when the levies applicable from 1 The Council, acting in accordance with the voting November, 1 February and 1 May are being procedure laid down in Article 43 (2) of the Treaty fixed, trends in world market prices for feed on a proposal from the Commission, shall adopt gen­ grain shall be taken into account only if at the eral rules for the application of this Article. same time a new sluice-gate price is being fixed.

(b) one component equal to 7% of the average of Article 7 the sluice-gate prices ruling for the four quarters preceding 1 May of each year. 1 . Sluice-gate prices shall be fixed in advance for This component shall be calculated once a year each quarter in accordance with the procedure laid down in Article 17. for a period of twelve months beginning 1 August. 2. The sluice-gate price for eggs in shell shall be 2. The levy on eggs for hatching shall be calculated composed of: in the same way as the levy on eggs in shell. How­ ( a) an amount equal to the price on the world mar­ ever, the quantity of feed grain to be used shall be ket for the quantity of feed grain required for the that required for the production in the Community of production in third countries of one kilogramme one egg for hatching; the sluice-gate price shall be of eggs in shell; that applicable to eggs for hatching. ( b) a standard amount representing other feeding 3 . The Council, acting in accordance with the costs and overhead costs of production and mar­ voting procedure laid down in Article 43 (2) of the keting. Treaty on a proposal from the Commission, shall : — determine the quantity of feed grain required for The price for the quantity of feed grain on the world the production of one kilogramme of eggs in shell market shall be determined quarterly on the basis of and the quantity of feed grain required for the the prices for such grain for the six months preceding production of one egg for hatching, and the per­ the quarter during which the sluice-gate price is fixed. centages of the various feed grains included in these quantities ; However, when the sluice-gate price applicable from — adopt rules for the application of this Article. 1 November, 1 February and 1 May, is being fixed,

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trends in world market prices for feed grain shall be 4. Detailed rules for the application of this Article taken into account only if the price of the quantity of shall be adopted in accordance with the procedure feed grain shows a minimum variation from that used laid down in Article 17. in calculating the sluice-gate price for the preceding The additional amounts shall be fixed, where neces­ quarter. The information used in fixing the standard sary, in accordance with the same procedure. amount mentioned in (b ) shall be reconsidered at least once a year. Article 9 3 . The sluice-gate price for eggs for hatching shall be calculated in the same way as the sluice-gate price 1 . To the extent necessary to enable the products for eggs in shell ; however, the price for the quantity listed in Article 1 ( 1 ) to be exported, in the state re­ of feed grain on the world market shall be the price ferred to therein or in the form of goods listed in the for the quantity required for the production in third Annex, on the basis of prices for those products on countries of one egg for hatching and the standard the world market, the difference between those prices amount shall be the amount representing other feed­ and prices within the Community may be covered by ing costs and overhead costs of production and mar­ an export refund. keting in respect of one egg for hatching. 2 . The refund shall be the same for the whole 4. As regards the products listed in Article Community. It may be varied according to use or 1 ( 1 ) (b), the sluice-gate prices shall be derived from destination . the sluice-gate price for eggs , in shell, account being taken of the depreciation in value of the basic ma­ The refund shall be granted on application by the terial, of the coefficients fixed for such products under party concerned. Article 5 (2) and of a standard amount representing overhead costs of production and marketing fixed in When the refund is being fixed particular account shall be taken of the need to establish a balance be­ accordance with the procedure laid down in Article 17 . tween the use of Community basic products in the manufacture of processed goods for export to third 5 . The Council, acting in accordance with the countries and the use of third country products brought in under inward processing arrangements . voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, shall The Council, acting in accordance with the voting adopt rules for the application of this Article. procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, shall adopt gen­ eral rules for granting export refunds and criteria for Article 8 fixing the amount of such refunds .

1 . Where the free-at-frontier offer price for a prod­ Refunds shall be fixed at regular intervals in accord­ uct falls below the sluice-gate price, the levy on that ance with the procedure laid down in Article 17. product shall be increased by an additional amount Where necessary the Commission may, at the request equal to the difference between the sluice-gate price of a Member State or on its own initiative, alter the and the free-at-frontier offer price. refunds in the intervening period.

2 . However, the levy shall not be increased by this 3 . Detailed rules for the application of this Article additional amount as regards third countries which shall be adopted in accordance with the procedure laid down in Article 17. are prepared and in a position to guarantee that the price of imports into the Community of products originating in and coming from their territory will Article 10 not be lower than the sluice-gate price for the product in question and that any deflection of trade will be avoided. 1 . To the extent necessary for the proper working of the common organisation of the market in eggs, the Council, acting in accordance with the voting 3 . The free-at-frontier offer price shall be deter­ procedure laid down in Article 43 (2) of the Treaty mined for all imports from all third countries. on a proposal from the Commission, may prohibit, in whole or in part, the use of inward processing ar­ However, if exports from one or more third countries rangements : are effected at abnormally low prices , lower than the prices ruling in other third countries, a second — in respect of products listed in Article 1 ( 1 ) which free-at-frontier offer price shall be determined for are intended for the manufacture of product's exports from these other countries. listed in Article 1 ( 1 ) (b); and

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— in special cases, in respect of products listed in Article 12 Article 1 ( 1 ) wich are intended for the manufac­ ture of the goods listed in the Annex. 1 . If by reason of imports or exports the Com­ munity market in one or more of the products listed 2. Community provisions to regulate the inward in Article 1 ( 1 ) experiences or is threatened with processing trade in the products listed in Article 1 ( 1 ) serious disturbances which may endanger the objec­ shall be adopted not later than 1 July 1968 . tives set out in Article 39 of the Treaty, appropriate measures may be applied in trade with third countries until such disturbance or threat of disturbance has 3 . Rules to be applied until the provisions men­ ceased . tioned in paragraph 2 enter into force shall be adopted in accordance with the procedure referred to The Council, acting in accordance with the voting in paragraph 1 ; they shall apply in respect of: procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, shall adopt de­ ( a) the rate of yield to be taken when determining tailed rules for the application of this paragraph and the quantity of Article 1 ( 1 ) products used in the define the cases in which and the limits within which manufacture of processed goods for export; Member States may take protective measures . ( b) the determination, for the purposes of applying 2. If the situation mentioned in paragraph 1 arises, the levy, of the quantity of products used in the the Commission shall, at the request of a Member manufacture of processed goods put into free cir­ culation . State or on its own initiative, decide upon the necess­ ary measures ; the measures shall be communicated to the Member States and shall be immediately appli­ 4. For the purposes of this Article 'inward process­ cable. If the Commission receives a request from a ing arrangements' means all those provisions deter­ Member State, it shall take a decision thereon within mining the conditions under which products from twenty-four hours following receipt of the request. third countries are used within the Community in the manufacture of goods for export and enjoy exemp­ 3 . The measures decided upon by the Commission tion from the levies applicable to them. may be referred to the Council by any Member State within three working days following the day on which they were communicated. The Council shall Article 11 meet without delay. It may amend or repeal the measures in question in accordance with the voting 1 . The general rules for the interpretation of the procedure laid down in Article 43 (2) of the Treaty. Common Customs Tariff and the special rules for its application shall apply to the tariff classification of Article 13 products covered by this Regulation; the tariff no­ menclature resulting from application of this Regula­ 1 . The following shall be prohibited in the internal tion shall be incorporated in the Common Customs trade of the Community : Tariff from the date on which the latter is fully ap­ plied. — the levying of any customs duty or charge having equivalent effect ; 2. Save as otherwise provided in this Regulation or •— any quantitative restriction or measure having where derogation therefrom is decided by the Coun­ equivalent effect, subject to the provisions of the cil, acting in accordance with the voting procedure Protocol on the Grand Duchy of Luxembourg ; laid down in Article 43 (2) of the Treaty on a pro­ posal from the Commission, the following shall be — recourse to Article 44 of the Treaty. prohibited: 2. Goods listed in Article 1 ( 1 ) which are manu­ — the levying of any customs duty or charge having factured or obtained from products to which Article equivalent effect; 9 (2) and Article 10 ( 1 ) of the Treaty do not apply shall not be admitted to free circulation within the — the application of any quantitative restriction or Community. measure having equivalent effect, subject to the provisions of the Protocol on the Grand Duchy of Luxembourg. Article 14

The restriction of import or export licences to a Save as otherwise provided in this Regulation, specified category of those entitled to receive them Articles 92 to 94 of the Treaty shall apply to the shall be one of the measures considered as having production of and trade in the products listed in effect equivalent to a quantitative restriction. Article 1 ( 1 ).

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Article IS Article 19

Member States and the Commission shall communi­ At the end of the transitional period the Council, act­ cate to each other the information necessary for im­ ing in accordance with the voting procedure laid plementing this Regulation. Rules for the communi­ down in Article 43 ,(2) of the Treaty on a proposal cation and distribution of such information shall be from the Commission, shall decide in the light of ex­ adopted in accordance with the procedure laid down perience whether to retain or amend the provisions of in Article 17. Article 17.

Article20¶

This Regulation shall be so applied that appropriate 1 . A Management Committee for Poultrymeat and account is taken, at the same time, of the objectives Eggs (hereinafter called the 'Committee') shall be es­ set out in Articles 39 and 110 of the Treaty. tablished, consisting of representatives of Member States and presided over by a representative of the Commission . Article 21

2 . Within the Committee the votes of Member The additional amount provided for in Article 8 shall States shall be weighted in accordance with Article be considered as a levy in relation to third countries 148 (2) of the Treaty. The Chairman shall not vote. within the meaning of Article 11 (4) of Council Regu­ lation No 130/66/EEC1 of 26 July 1966 on the financing of the common agricultural policy. Article 17

Article 22 1 . Where the procedure laid down in this Article is to be followed, the Chairman shall refer the matter to the Committee either on his own initiative or at the Should Italy have recourse to the provisions of request of the representative of a Member State. Article 23 of Council Regulation No 120/67/EEC2 of 13 June 1967 on the common organisation of the 2. The representative of the Commission shall sub­ market in cereals, the Council, acting in accordance mit a draft of the measures to be taken . The Com­ with the voting procedure laid down in Article 43 (2) mittee shall deliver its Opinion on such measures of the Treaty on a proposal from the Commission, shall take the necessary measures to avoid distortions within a time limit to be set by the Chairman accord­ ing to the urgency of the questions under consider­ of competition. ation. An Opinion shall be adopted by a majority of twelve votes . Article 23 3 . The Commission shall adopt measures which shall apply immediately. However, if these measures 1 . In order to offset the differences in feeding costs are not in accordance with the Opinion of the Com­ between Member States resulting from differences be­ mittee, they , shall forthwith be communicated by the tween feed grain prices existing before 1 July 1967, a Commission to the Council . In that event the Com­ levy on imports into one Member State from another mission may defer application of the measures which Member State shall be charged during the period it has adopted for not more than one month from the ending 30 July 1967 in respect of the products listed date of such communication . in Article 1 ( 1 ).

The Council, acting in accordance with the voting 2. In order to offset the differences in feeding costs between third countries and Member States whose procedure laid down in Article 43 (2) of the Treaty, may take a different decision within one month. feed grain prices are higher than the common prices, such differences resulting from differences in such prices existing before 1 July 1967, a supplementary levy, in addition to the levies set out in Articles 4 and Article 18 5 increased where appropriate in pursuance of Article 8 , shall be charged during the period ending 30 July The Committee may consider any other question re­ ferred to it by its Chairman either on his own initia­ tive or at the request of the representative of a Mem­ 1 OJ No 165, 21.9.1966, p. 2965/66. ber State. 2 Oj No 117, 19.6.1967, p. 2269/67.

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1967 on imports from third countries of the products (b) shall be equal, for the period from 1 July 1967 to listed in Article 1 ( 1). 31 July 1968, to 7% of the sluice-gate price appli­ cable to eggs for hatching for the period from 1 July 1967 to 31 October 1967 . 3 . The Council, acting in accordance with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, shall fix Article 26 the amounts of the levies and supplementary levies provided for in paragraphs 1 and 2. This Regulation shall enter into force on the day fol­ lowing its publication in the Official Journal of the Article 24 European Communities.

The system established by this Regulation shall apply Should transitional measures be necessary to facilitate from 1 July 1967, except for the measures provided the transition from the system provided in Regulation for in Article 24 which may be made to apply from No 21 to that established by this Regulation, in par­ the date of entry into force of this Regulation. ticular if the introduction of the new system on the date provided for would give rise to substantial diffi­ Regulation No 21 and the provisions adopted in im­ culties in respect of certain products, such measures plementation thereof shall be repealed with effect shall be adopted in accordance with the procedure from 1 July 1967, except for the provisions of Regu­ laid down in Article 17. They shall be applicable un­ lation No 3 /63 /EEC1 and the provisions in force on til 31 December 1967 at the latest. that date fixing an additional amount or relating to the non-fixing of such an amount, to the extent that such provisions are compatible with this Regulation Article 25 and the measures adopted in pursuance thereof. Such provisions shall remain in force until amended or re­ 1 . The levy and the sluice-gate price shall be fixed pealed in accordance with the provisions of this for the first time for the period from 1 July to 31 Regulation and the measures adopted in pursuance October 1967. thereof.

2. When the levy on eggs for hatching is being cal­ culated, the component provided for in Article 4 ( 1 ) 1 OJ No 14, 29.1.1963 , p. 153/63 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 13 June 1967.

For the Council

The President Ch. HEGER

62 Official Journal of the European Communities

ANNEX

CCT heading Description of goods No

18.06 Chocolate and other food preparations containing cocoa

ex 19.03 Macaroni, spaghetti and similar products : A. Containing eggs

19.08 Pastry, biscuits, cakes and other fine bakers' wares, whether or not containing cocoa in any proportion

ex 22.09 C III Spirituous beverages, other : — Containing egg or egg yolk

ex 35.02 Albumins : ex A II Other (than unfit or rendered unfit for human consumption) ex (a) Ovalbumins : 1 . Dried (for example, in sheets, scales, flakes, powder) ' 2. Other ,